ORGANISATION WITH FIRST RECOGNISED UNION STATUS FIGHTING FOR THE ADVANCEMENT OF RMS & MMS EMPLOYEES

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Wednesday, August 30, 2017

No.R-III/25/OSA/2017                                                                    Dated 29-08-2017

To
    The Secretarty (Posts)
     Department of Posts,
     Dak Bhawan,
     New Delhi-110 001.

Subject:- Revision of Out Station Allowance – consequent upon revision of Daily Allowance on recommendations of 7 CPC.

Respected Sir,
                        It is brought into your kind notice that Out Station Allowance is paid to the RMS Officials who work in the running sections at the rate for 6 hours slab. The rate of OSA is at par with the Daily allowance on tour based on the eligibility of the official according to his pay.
                   Now the Ministry of Finance vide its OM No.  O.M.No.19030/112017-E.IV  dated 10th July 2017 has revised the Daily Allowance Rates ON TOUR on the recommendations of the 7 CPC.
                  The outstation allowance payable to the RMS Staff was last revised vide Directorate Memo . D.G. Posts No. 28.2/2010-D dated 19.7.2011 in the wake of revised DA rates recommended by the 6thCentral Pay Commission.
                  We urge upon you to kindly  revise upwards the Outstation Allowance payable to the RMS Staff at par with Daily Allowance on tour for a period of absence on duty from their headquarters exceeding six hours.
With regards
                                                                                                Yours faithfully,
(Giri Raj Singh)
General Secretary




Dear comrades,

         We called for Departmental Anomalies arisen out of 7 CPC  implementation to be taken with the Departmental Anomaly Committee.
We received large number of Anomalies from different unions but most of these like as Pay Matrix, rate of increment etc. are to be taken up with National Anomaly committee, Therefore, we have taken up the following  anomalies with the Departmental Committee :-
JOINT CONSULTATIVE MACHINERY
POSTAL DEPARTMENTAL COUNCIL

No. JCM/Anomaly Committee/2017                                          Dated 25-08-2017
R.N.Prashar                                                                           Giri Raj Singh
   Leader                                                                                  Secretary
To                      
The Secretary (Posts)
Department of Posts,
Dak Bhawan,
New Delhi-110 001.

Subject:-Anomaly Committee----Submission of list of Anomalies.

Respected sir,    

               Kindly refer to Directorate  letter No. 6-1/2016-PCC dated 26-07-2017 on the above mentioned subject.
                    The following Departmental Anomalies arising out of the implementation of 7th CPC recommendations are submitted for the consideration and discussion in the Departmental Anomaly Committee.
1 Postal Assistant/Sorting Assistant/ LSG/HSG II/ HSG I:
The 7th Pay Commission did not take into account the fact justifying the grant higher pay to PA/SA to that Grade pay of Rs.2800/- due to two conflict recommendations were forwarded to Seventh pay Commission by the Dept of posts within a fortnight. Among the two recommendations, one justified the grant of higher grade pay of Rs.2800 in the entry pay scale to the PA/SA and the another stated that the PAs/SAs are always being compared with UDC and did not warrant any upgradation which is totally a farce and false and never before the pay scale of the PA & SAs are compared with UDCs. Because of the two contradictory statements and recommendations submitted by the Department to Seventh pay Commission, the 7th CPC did not consider any higher pay to PAs and SAs. This anomaly has to be resolved by granting higher entry pay scale to the Pas with old 2800 Grade pay with the present Level 5. Similarly, the LSG, HSG II, HSG I & NFG should be granted with an upgraded pay scale. It is pertinent to mention that grant of higher pay to LSG was discussed in the last Anomaly committee meeting constituted after the 6th Pay commission. That has not been settled and there was no reference sent by the department about the same to the Seventh pay Commission. The horizontal and vertical relativities maintained to seventh CPC between the LSG and IP has been further widened after the implementation of the 7th CPC with the pay level of 5 & 7 respectively. This anomaly has to be resorted considering the numerous additional responsibilities and work now entrusted to the supervisory cadre in the postal department.
2. PO &RMS Accountants:
The PO&RMS Accountants cadre is not only denied a higher pay scale but also the Special Allowance drawn by them is not taken into account as special pay at the time of fixation on promotion. The Special Allowance granted to JAO Qualified officials are taken into account for fixation benefit and the absence of a similar treatment to PO&RMS Accountants is an anomaly. The Seventh Pay commission did not consider the equation of the cadre with that of the organized accounts cadre due to non-recommendations of the Dept while submitting comments on the memorandum submitted by the Unions. The Seventh Pay commission instead of recommending higher pay for the APM Accounts has recommended to carry out a fresh cadre review to this cadre. Accordingly a separate review or with the present cadre review should be carried out and the posts of Accountants must be declared with LSG pay scale and a separate channel or promotion shall be carved out for this cadre.
7 CPC abolished the Special Allowance granted to PO & RMS Accountants. If no benefit will be given to PO& RMS Accountants then no official will burn midnight oil to pass the PO & RMS Examination and Account branches will face great difficulty in maintain accounts, pay fixation, TA bills and budget preparation etc.
Special Pay of PO & RMS Accountants be restored and counted towards fixation of pay on promotion to higher post.
3. MTS
The Dept of posts has sent two contradictory recommendations to the Seventh Pay Commission about this cadre and in one it was recommended to enhance the pay scale to Rs,1900 and the other the cadre was equated with the peon of other Govt departments forgetting the extra working hours and six day working days. The MTS in the POs & RMS were called as packers only and it was changed as peon only after the Fifth Pay Commission. The MTS working in Foreign post are called as Packers and were granted with Rs.2000 Grade Pay. This disparity should be removed. The nature of work of MTS in the Department is not to be equated with the Peon of other departments and they must be called as packers with higher grade pay of Rs.2000 with level 3 of the present pay matrix.
4. Disparity and discrimination in the pay scale of Sr. Accountants and IPOs:
 In IV CPC, the Sr. Accountants were in 1400-2600 whereas IPOs were in 1400-2300.
 In V CPC, the Sr. Accountants were in 5500-9000 and IPOs were also in 5500-9000
 In VI CPC, the Sr. Accountants were in PB-2 with GP of 4200 and IPOs werealso in PB-2 with GP of 4200
 Now in VII CPC Sr. Accountants are placed in Level 6 (corresponding to GP4200) whereas IPOs are placed in higher Level 7 corresponding to GP 4600;
Therefore, the Sr. Accountant cadre should be granted Level 7 (corresponding to GP 4600) on par with the IPOs to maintain the relativity among the Accounts and Executive cadres.
5. Disparity and discrimination among the AAOs and ASPOs / SPOs:
 In IV CPC, the AAOs were in 2000-3200 whereas ASPOs and SPOs were in2000-3200 and 2000-3500.
 In IV CPC, the AOs and Sr.AOs were 2375-3500 and 2200-4000
 In V CPC, the AAOs were in 7450-11500 whereas ASPOs and SPOs were in6500-10500 and 7500-12000
 In V CPC, the AOs and Sr.AOs were 7500-12000 and 8000-13500
 In VI CPC, the AAOs were in PB-2 with GP of 4800 whereas ASPOs and SPOs were in PB-2 with GP of 4600 and 4800 (up to 4 years)
 In VI CPC, the AOs and Sr.AOs were PB-2 with GP 5400 and PB-3 with GP of5400
 But in VII CPC, IPOs are given Level 7 (corresponding to GP of 4600) higherthan Sr. Accountants. ASPOs are given Level 8 equating with AAOs. SPOs /SRMs are given directly Level 9 equating with AOs from the initial stage. This will adversely undermine the authority of these cadres vested with audit functions in the Department of Posts.
Therefore, we demand to maintain the relativity among the Accounts and Executive cadres.
1. Level 6 (corresponding to GP 4200) for JA
2. Level 7 (corresponding to GP 4600) for SA equating with IPOs
3. Level 9 (corresponding to GP 5400) for AAO
4. Level 10 (corresponding to GP 6600) for AO
5. Level 11 (corresponding to GP 7600) for Sr.AO
In the pay matrix, there are similar pay stages at various Levels, such as Level 2&3, Level 7&8 etc, and resulting nominal/no benefit in case of promotion. At these Levels the rate of increment works out even less than 3%, Hence, such Levels where the stages are same should be merged. While promoting the Sr. Accountants drawing GP of 5400 (under MACP) to the AAO Post which is carrying higher responsibility, the pay of such officials should be given the benefit of fixation under FR 22 as it is already enforced in the case of Level 6,7 and 8.
6. Old anomalies should be resolved first before taking up 7th CPC anomalies
 On 5th Feb 2010  Sri.A.K.Sharma, Chairman presided over the 6th CPC anomalies committee meeting which was held in the committee Room, Dak Bhavan, New Delhi.  DDG(P) also participated in that meeting. 
 In the said meeting under Item No.14, it was raised as to how a LSG Supervisor whose Grade Pay is Rs.2800 can supervise BCR PAs /SAs Postmen who are drawing Rs.4200 as grade pay. Then the department agreed to take up this issue with the Nodal Ministries.
7. Working hours of Postal Operative staff
Operative staff in Post office
Other Central govt Administrative  staff 
Holiday Effective
18
18
Casual leave & RH
10
10
Saturday
0
52
Sundays
52
52
Total in a year
80
132
Working days in a year
285
233
Working hours for Postal Assistant
285x8 = 2280
233 x 8.5  = 1980.5
Conclusion
2280-1980.5 =  299.5  approx 300Hrs  extra by  Postal assistant
=>  Total  extra days = 300/8 = 37 days

                   This extra working hours is posted before the 7th CPC chairman for resolving but in the report there is no discussion about this point since there was no mention about this to the Pay Commission by the Department.  It is requested to resolve this issue.
8. REVISION OF OUT STATIONALLOWANCE:-
Out Station Allowance is paid to the RMS Officials who work in the running sections at the rate for 6 hours slab. The rate of OSA is at par with the Daily allowance on tour based on the eligibility of the official according to his pay.
Now the Ministry of Finance vide its OM No.  O.M.No.19030/112017-E.IV  dated 10th July 2017 has revised the Daily Allowance Rates ON TOUR on the recommendations of the 7 CPC. The rates of OSA may also be revised at par with Daily Allowance on tour for the staff of RMS working in running sections.
9.  Additional Pensionary Benefit to the employees retiring on 30th June & 31st Dec.:
Employees who retire on 30th June or 31st December, actually work through the whole year but due to the provisions of increment dates as 1st July and 1st January, they are deprived of one increment even after working for whole year in same pay matrix level, while granting pensionary benefits to them. So, for all those employees retiring on 30th June or 31st December, one additional increment should be granted while calculation of pension amounts.
All the issues being important, it is requested to take up the same on priority basis for their solution.
10.  Anomaly in awarding the financial upgradation in the cadre while completing/rendering 10/20/30 years of service :
In this context it is very clear that one who complete the service in the cadre 10/20/30 would get financial upgradation as MACP I, MACP II and MACP III.
It is irrespective of the officials regular promotions like LGO and likewise the Supreme Courts verdict also confirm the same. Yet the Administration in many Circles are not giving IInd or IIIrd MACP to the eligible officials as they are counting Group D to Postman as one promotion and Postman to Postal Assistance second one. The financial promotions are related to the period rendered in the cadre only. Hence this anomaly should be cleared.
Union demand - MACP treated by one cadre completed and 10/20/30 years, give 10/20/30 year Financial Upgradation MACP I and not service.

11. MACP should be in the promotional hierarchy instead of level hierarchy (Grade Pay hierarchy).

12. FIXATION OF PAY OF OFFICIALS GRANTED FINANCIAL UPGRADATION UNDER MACP:- Officials getting financial upgradtion under MACP Scheme are not allowed to get their  pay fixed from the date of next increment as a result most of the officials are at disadvantage. They may be allowed   to get their pay fixed from the date of next increment as in the case of regular employees.     
13. Option:- Option to switch over to 7th CPC may be kept open till one month after finalization of Allowances. Till such time, all are to be allowed to revise their options, if it is beneficiary to them, if already exercised.

With regards.
                              Yours sincerely,

(Giri Raj Singh)
Secretary Staff


No. R-III/25/10/2016                                                                           Dated 30-08-2016

To
The Secretary (Posts)
Department of Posts,
Dak Bhawan,
New Delhi-110 001.

Subject:- Filling up the 4 Posts of Superintendent Sorting.

Respected sir,


                         Kindly refer to this Union letter of even number dated 23-06-2015 on the above cited subject.

                         There are 4 posts of Supdt. Stg (Gazetted Group-‘B’) in RMS to be filled by General Line HSG-I officials of RMS on All India basis. This is the only channel for HSG-I officials in RMS to get promotion to Gazetted cadre. But  these posts are being manned by ASP cadre (in an officiating capacity as Gazetted (Group –‘B’).

                         Last time this Union take up the matter in the JCM, Departmental Council (DC). Only after that two posts of Superintendent Sorting were filled up. At present all the 4 posts of Superintendent Sorting are lying vacant.

                        We urge upon you to kindly convene the DPC for the vacant posts of Superintendent Sorting at an early date so that the officials of HSG-I who are on the verge of retirement may get promotion to the Gazetted cadre.

With regards
Yours sincerely,


(Giri Raj Singh)
General Secretary



Tuesday, August 29, 2017

ORDERS ENDORSED BY THE DEMARTMENT OF POST

Exemption for travel in airlines other than Air India - reg. (Click the link below to view)
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Recommendations of the 7th Central Pay Commission (CPC) - bunching of stages in the revised pay structure under Central Civil Services (Revised Pay) Rules, 2016 (Click the link below to view)
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Recommendations of the Seventh Central Pay Commission - Implementation of decision relating to the grant of Children Education Allowance (Click the link below to view)

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Recommendations of the Seventh Central Pay Commission - Implementation of decisions relating to Special Allowance for Child Care for Women with disabilities   (Click the link below to view)
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Implementation of the recommendations of Seventh Central Pay Commission - abolishment of Sumptuary Allowance        (Click the link below to view)
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Implementation of Governments decision on the recommendations of the Seventh Central Pay Commission - Abolishing Desk Allowance      
(Click the link below to view)

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Inspection Questionnaire for CBS HOs/SOs and AOICO inspection on HO/SBCO (Click the link below to view)

RECOVERY OF WRONGFUL / EXCESS PAYMENTS MADE TO GOVERNMENT SERVANTS

F.No.18/03/2015-Estt. (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 2nd March, 2016

OFFICE MEMORANDUM

Sub: Recovery of wrongful / excess payments made to Government servants.

The undersigned is directed to refer to this Department’s OM No.18/26/2011-Estt (Pay-I) dated 6th February, 2014 wherein certain instructions have been issued to deal with the issue of recovery of wrongful / excess payments made to Government servants in view of the law declared by Courts, particularly, in the case of Chandi Prasad Uniyal And Ors. vs. State of Uttarakhand And Ors., 2012 AIR SCW 4742, (2012) 8 SCC 417. Para 3(iv) of the OM inter-alia provides that recovery should be made in all cases of overpayment barring few exceptions of extreme hardships.

2. The issue has subsequently come up for consideration before the Hon’ble Supreme Court in the case of State of Punjab & Ors vs Rafiq Masih (White Washer) etc in CA No.11527 of 2014 (Arising out of SLP(C) No.11684 of 2012) wherein Hon’ble Court on 18.12.2014 decided a bunch of cases in which monetary benefits were given to employees in excess of their entitlement due to unintentional mistakes committed by the concerned competent authorities, in determining the emoluments payable to them, and the employees were not guilty of furnishing any incorrect information / misrepresentation / fraud, which had led the concerned competent authorities to commit the mistake of making the higher payment to the employees. The employees were as innocent as their employers in the wrongful determination of their inflated emoluments. The Hon’ble Supreme Court in its judgment dated 18 th December, 2014 ibid has, inter-alia, observed as under:

            “7. Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer’s right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made. In order to ascertain the parameters of the above consideration, and the test to be applied, reference needs to be made to situations when this Court exempted employees from such recovery, even in exercise of its jurisdiction under Article 142 of the Constitution of India. Repeated exercise of such power, “for doing complete justice in any cause” would establish that the recovery being effected was iniquitous, and therefore, arbitrary. And accordingly, the interference at the hands of this Court.”

            “10. In view of the afore-stated constitutional mandate, equity and good conscience, in the matter of livelihood of the people of this country, has to be the basis of all governmental actions. An action of the State, ordering a recovery from an employee, would be in order, so long as it is not rendered iniquitous to the extent, that the action of recovery would be more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, to recover the amount. Or in other words, till such time as the recovery would have a harsh and arbitrary effect on the employee, it would be permissible in law. Orders passed in given situations repeatedly, even in exercise of the power vested in this Court under Article 142 of the Constitution of India, will disclose the parameters of the realm of an action of recovery (of an excess amount paid to an employee) which would breach the obligations of the State, to citizens of this country, and render the action arbitrary, and therefore, violative of the mandate contained in Article 14 of the Constitution of India.”

3. The issue that was required to be adjudicated by the Hon’ble Supreme Court was whether all the private respondents, against whom an order-of recovery (of the excess amount) has been made, should be exempted in law, from the reimbursement of the same to the employer. For the applicability of the instant order, and the conclusions recorded by them thereinafter, the ingredients depicted in paras 2&3 of the judgment are essentially indispensable.

4. The Hon’ble Supreme Court while observing that it is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement has summarized the following few situations, wherein recoveries by the employers would be impermissible in law:-

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group ‘C’ and Group ‘D’ service).
(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover.

5. The matter has, consequently, been examined in consultation with the Department of Expenditure and the Department of Legal Affairs. The Ministries / Departments are advised to deal with the issue of wrongful / excess payments made to Government servants in accordance with above decision of the Hon’ble Supreme Court in CA No.11527 of 2014 (arising out of SLP (C) No.11684 of 2012) in State of Punjab and others etc vs Rafiq Masih (White Washer) etc. However, wherever the waiver of recovery in the above-mentioned situations is considered, the same may be allowed with the express approval of Department of Expenditure in terms of this Department’s OM No.18/26/2011-Estt (Pay-I) dated 6th February, 2014.

6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.

7. Hindi version will follow.
sd/-
(A.K.Jain)
Deputy Secretary to the Government of India


Authority :www.persmin.gov.in

Implementation of Government decision on the recommendation of the VIIth Pay Commission on CCS (Extraordinary Pension) Rules, 1939 Enhancement of Constant Attendant Allowance
TO VIEW PLEASE CLICK HERE.
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SIMPLIFICATION OF PENSION PROCEDURE
(Click the link below to mview)

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Financial Powers of the Head of Department of P&PW have been increased for incurring Contingent and Miscellaneous Expenditure under Schedule V and VI of DFPRs 1978...



PROCEDURE TO GET A CGHS PLASTIC CARD

Eligible serving employees/pensioners have to apply in the prescribed form (available on CGHS website www.cghs.nic.in and in the wellness centers)

The form should be completely filled up with individual photographs pasted as specified in the form

Following documents need to be attached

In case of serving employee:
·         Proof of residence.
·         Proof of stay of dependents.
·         Proof of age of son.
·         In case of differently abled dependent son above 25 years, disability certificate from competent authority as specified.
In case of pensioners:-

            In addition to 1 to 4 above: Surrender certificate of CGHS Card (only if CGHS Card was issued during Service Period).

            Attested copies of PPO/Provisional PPO/Last Pay Certificate (in case PPO is not readily available immediately after retirement.)

            Demand Draft in the name of “PAO CGHS New Delhi” (in case of Delhi) or Additional Director of the CGHS city where the card is to be made.

            The amount of Demand Draft will be for contribution due for one year if the card is to be made for yearly renewal basis and for 10 years if whole life card is required.

Dependency criteria- In pursuance of the recommendations of the Sixth Central Pay Commission, it has been decided that for availing the medical facilities under the scheme, parents (or parents-in -law in case of female employee), unmarried son till 25 years of age, dependent unmarried/widowed/divorced/separated daughters and sisters, minor brothers will be deemed dependent on the Government employee if they are normally residing- with him and their income from all sources including pension and pension equivalent of DCRG benefit is less than Rs. 3500 +DA per month. This criteria does not apply to spouse and disabled son irrespective of age (please see definition of disability in instructions for filling CGHS card)

Channel of submission:-In case of serving employees the application is to be submitted through the department after due endorsement. In case of Pensioners the application with enclosures are to be submitted to Addl. Director (HQ) in Delhi and concerned Addl. Director of the city.

Provision for making pensioner CGHS card while in Service:-

A serving employee can apply for a pensioner CGHS Card along with his pension papers.

Application with enclosures and bank draft is to be forwarded to the CGHS through the office of the employee. The pensioner Card will be issued on the day of retirement (provided it is applied for at least six weeks before retirement date) and will get activated from next day.

Addition/Deletion of names in CGHS Cards

On the death of the main card holder, the card becomes invalid and fresh card has to be applied for by the spouse after he/she starts drawing the family pension. Old CGHS card and a Death Certificate need to be attached with the application.

A serving employee on marriage or on the birth of his/ her child may get the names of spouse /child added to the card after submitting the form for addition duly endorsed by his department

After the death of spouse and death/marriage/employment of a son/daughter/dependent it is the responsibility of main card holder to inform CGHS for necessary deletion of the card

Validity of the CGHS Card

The service card will be valid till the date of retirement if otherwise the employee is eligible. In case of yearly contribution pensioner cards, in order to continue validity, contribution is to be made prior to completion of the continuing year.
In case of transfer of serving employee to a non CGHS covered area the service card will be valid for the family members up to six months after transfer provided CGHS contribution for 6 months is made before hand. CGHS card is valid in all CGHS cities for treatment/investigation/Hospitalization. There is no need for transit permit to get treatment in another CGHS city except for receiving high value medicines classified as “lifesaving”/restricted supply medicines for which temporary attachment to a wellness center is required.
Transfer of CGHS Cards

In case of serving CGHS beneficiary transferred from one department /ministry to another in the same city, the same CGHS card will continue. The new department/ministry will duly inform CGHS so that necessary changes can be made in the database of the employee. In case of transfer of a serving CGHS beneficiary from one CGHS covered city to another, the CGHS card is to be surrendered in the existing city of posting and a new CGHS card is to be issued from the new city of Posting.

CGHS Card for Pensioners residing outside CGHS Cities

Pensioners residing outside CGHS covered area can opt for a regular CGHS Card or an IPD (Indoor treatment) CGHS Card with fixed medical Allowance (in lieu of OPD treatment) from the nearby CGHS city. IPD card holders will not be eligible for OPD treatment & issue of medicines from CGHS Wellness Centers.

Click to Download Application Forms

Application Forms available for download for Plastic Card