Thursday, September 10, 2020

LETTERS WRITTEN BY THE AIPSBCOEA CHQ FOR VARIOUS ISSUES OF SBCO OFFICIALS :

No.:AIPSBCOEA/CHQ/With holding of RT-2020 for SBCO officials of Telangana Circle/2020     Dt-04.09.20.

  To

              The Secretary,

              Department of Posts,

              Dak Bhawan,  Sansad Marg,

              New Delhi -110 001.   

Sub:   Regarding  withholding  the  RT -2020  orders of  SBCO officials  at Telangana Circle…

Ref :   1.   Letter No. ST/HQR/RTs /PA(SBCO) /2020 dated at Hyderabad - 500001 the 31.08.2020.

           2.   Directorate letter No. 141-77/2000-SPB.II dated 02-03-00).

           3.   AIPSBCOEA/ CHQ/Cluster formation – Telangana circle/2020 dated 19.08.2020.(letter enclosed)

           4.   AIPSBCOEA/CHQ/Withholding RT 2020 for SBCO officials/2020 dated- 01.09.2020.(letter enclosed)

 Respected Sir,

                          On behalf of the All India Postal SBCO Employees Association CHQ, it is brought to the notice of the Honourable Secretary (DOP)  that the Clusters have been formed in the Telangana Circle against the Directorate’s letter  mentioned in reference 2 above which will put the SBCO officials into worse situation as and when they complete their tenure and due for transfer. A letter has already been written by the AIPSBCOEA CHQ  for maintaining the status quo in this regard (cluster formation) with reference to letter 3 cited above.  Reply is not yet received so far for the issue.

                        At this situation Rotational Transfer orders have been  issued for the  SBCO officials for the year 2020 vide reference 1 as above  in Telangana Circle which is highly irregular referring to the station tenure. The SBCO officials are usually transferred from one H.O. to another H.O. either within the same division or other division. So, the question of station tenure does not arise for the SBCO officials unlike the PAs in General line who are transferred from one office to another in the same building/premises or at times from one branch to another within the same H.O/D.O.   

 

·         Out of the 7 SBCO officials  ordered for transfer vide the reference 1 as above, 5 officials have been ordered in the interest of service and some even without completing their tenures forcibly out to offices as if they have committed any frauds and it seems to be punished  for putting service in the Department . It is highly disappointing as to what is the necessity  of this  irregular issuance of RT now during the spread of the life threatening pandemic .The SBCO officials  have been transferred out  very far causing undue disturbance and mental torture to them  who have already established themselves for the whole tenure with their families at a particular place planning their children’s education, treatment of parents and many other personal commitments.  Moreover, all the Seniors have strived hard outside the cities for many years after which  they are now working in the city.

·         The RT notification was not issued priorly to identify the vacancies and willingness of the officials were not called for.

·         The offices outside the city may be filled by posting either the newly recruited officials who may establish themselves there as  new station will not have any difference for them (OR) willingness may be called for from officials for deputation. But this type of  compulsory knockout orders issued overlooking the Department’s  transfer policy and guidelines is against the welfare of the staff  and will be a wrong guidance in future.

·         The officials are being forced to get relieved immediately by pressurizing from the regional offices by instructing the Divisional offices even before receiving their official copies of transfer which is nothing but putting the hands on the neck of the officials and push them out compulsorily. Above all, issuing transfer orders almost at the mid of the session i.e. 31.8.2020 is against the transfer rulings/guidelines as the school/college admissions of the official’s children cannot be done at this juncture.

 

                   Hence , taking into consideration all the above facts, it is requested for the kind intervention of the respected  Secretary (DOP) in this matter and cause orders to  withhold the Rotational Transfer Orders -2020 for the SBCO officials cited in reference 1 above  immediately  as the irregular cluster formation issue is still pending for disposal , to avoid undue problems and disturbance in the SBCO cadre and to safe guard the welfare of the SBCO officials .

A  line of reply is solicited Please.

 With Regards,

 Yours Sincerely,                   

                         

   -Sd-

(SHP. JASMINE JALAL BEGAM)  

General Secretary

AIPSBCOEA

Copy To:

 The Chief Postmaster General,

Telangana Circle.

                                                                                                                                                             -Sd-

(SHP. JASMINE JALAL BEGAM)  

                                                                                                                                              General Secretary

                                                                                                                                                       AIPSBCOEA

 

 

Ref. No.: AIPSBCOEA/CHQ/Withholding RT 2020 for SBCO officials/2020                             Dated- 01.09.2020

 To

              The Chief Postmaster General,

              Telangana Circle.

Sub:   Regarding  withholding the  RT -2020  orders of  SBCO officials…

Ref :  1.   Letter No. ST/HQR/RTs /PA(SBCO) /2020 dated at Hyderabad - 500001 the 31.08.2020.

           2.   Directorate letter No. 141-77/2000-SPB.II dated 02-03-00)

           3.   AIPSBCOEA/ CHQ/Cluster formation – Telangana circle/2020 dated 19.08.2020.

Respected Sir/Madam,

                         On behalf of the All India Postal SBCO Employees Association CHQ, it is brought to the notice of the Honourable Chief Postmaster General that the Rotational Transfer order issued for the  SBCO officials for the year 2020 vide reference 1 as above  is highly irregular. The SBCO officials are usually transferred from one H.O. to another H.O. either within the same division or other division. So, the question of station tenure does not arise for the SBCO officials unlike the PAs in General line who are transferred from one office to another in the same building/premises or at times from one branch to another within the same H.O/D.O.   A letter was already written by the AIPSBCOEA CHQ for maintaining the status quo for creation of clusters in Head quarters Region vide the reference 3 mentioned above for which reply is yet to be received.

                       Also, out of the 7 SBCO officials  ordered for transfer vide the reference 1 as above, 5 officials have been ordered in the interest of service and some even without completing their tenures forcibly out to offices which are very far causing undue disturbance and mental torture to the officials who have already established themselves for the whole tenure with their families at a particular place planning their children’s education, treatment of parents and many other personal commitments.  The offices outside the city may be filled by posting either the newly recruited officials who may establish themselves there as  new station will not have any difference for them OR willingness may be called for from officials for deputation. But this type of orders issued overlooking the Directorate’s order mentioned in reference 2 as above and against the welfare of the staff will be a wrong guidance in future.

                   Hence , it is requested for the kind intervention of the respected Chief Postmaster General in this matter and cause orders to  withhold the Rotational Transfer Orders -2020 for the SBCO officials cited in reference 1 above  immediately to avoid undue problems and disturbance in the SBCO cadre and to safe guard the welfare of the SBCO officials.

A  line of reply is solicited Please.

With Regards,

Yours Sincerely,                   

            -Sd-            

(SHP. JASMINE JALAL BEGAM)  

General Secretary

AIPSBCOEA


Ref. No. : AIPSBCOEA/CHQ/Immunity from transfer/M.P./2020              Dated : 27.8.2020.


To,

 

Shri. Jitendra Gupta,

Chief Postmaster General,

M.P. Circle, Bhopal.

Sub :          Request for deputation of Smt. Rekha Swami, PA (SBCO) Vidisha

                 H.O. Circle Secretary AIPSBCOEA, M.P. Circle from Vidisha

                 H.O. to Bhopal under the immunity from transfer.

Ref:          Letters from the AIPSBCOEA CHQ dated 5.9.19,  3.12.19  & 15.7.20 .

Respected Sir,

Most humbly it is requested that the Circle Working Committee meeting held on 28.07.2019 at T.T. Nagar, Bhopal with due permission, unanimously elected Shri R.K. Sharma, PA (SBCO) Devas H.O. as Circle President and Smt. Rekha Swami, PA (SBCO) Vidisha H.O. as Circle Secretary of AIPSBCOEA, M.P. Circle due to superannuation of Shri K.N. Mandaloi and Shri N.K. Jain respectively.

It  is  learnt that  Smt. Rekha Swami being Circle  Secretary of the Association is entitled for immunity from transfer as  per provision of Dte. No.69-18/70-SPB-I Dt. 07.12.1970 and 69-52/72-SPB-I Dt. 23.03.1973 and 02.01.1974.

It is also requested that Smt. Rekha Swami has only two daughters aged about 20 & 11 years who are in utmost care of mother in these days and their studies are badly effecting.  The work of Association is also effected due to non availability of Circle Secretary at Circle H.Q. Already three letters were written by the Association CHQ regarding this issue, but it was communicated that there is no vacancy in the Headquarter.

It is therefore requested that your honour shall be pleased to consider and cause deputation of Smt. Rekha Swami, PA (SBCO) Vidisha H.O. to any one of the SBCO units at Headquarters (Official is willing to forego TA/TP) keeping in account the aforesaid facts and entitlement of Immunity from transfer and oblige.

                    

                                               With profound regards,                  Yours sincerely,


                                                                                                                      

               -Sd-

(SHP. Jasmine Jalal Begam)

General Secretary

 

Ref. No.: AIPSBCOEA/CHQ/Cluster formation –Telangana circle/2020                                    Dated- 19.08.2020

                                                     

To

              The Chief Postmaster General,

               Telangana  Circle.

               Hyderabad – 500 001.

             

Sub:   Regarding  maintaining of the status quo for creation of revised clusters in Head quarters Region…

Ref :  1.  D.G. (P)  Lr. No. 141-77/2000-SPB.II Dated 02-03-2000.    

           2.  Postmaster General, Head Quarters Region, Lr. No. ST/Union Matters /HQR/2017/II Dated

                28-07-2020.    

           3.  AIPSBCOEA – Telangana Circle letter dated 11.08.2020.

 

Respected Sir,

 

               Our Association would like to bring to the notice of the respected Chief Postmaster General, Telangana Circle that with reference to the letter No. cited above issued  from Directorate ,the clusters of H.Os  may be formed taking into consideration of the minimum and maximum number of Head Post Offices in a Division i.e. to say every division will have minimum two head Post Offices and Maximum 3 Head Post Offices. Thus, transfer liability is there by restricted to only the divisional administrative control. But unfortunately, contrary to the guidelines, the revised structural changes will cause undue hurdles to the SBCO officials during their transfers as already the SBCO officials are facing a lot of practical difficulties as and when they complete their tenures and become due for transfer.The guidelines of the directorate are as follows:

 

“Two or three HPOs as far as contiguous possible should be together and the SBCO staff transferred to such group of HPOs after they complete their prescribed tenure. Any transfer outside a region should be done only with the concurrence of the Head of the Circle and on specific administrative grounds only. It should also be ensured that while considering the rotational transfers of SBCO staff in the group  of HOs consideration is given first to the pending requests of the officials for transfer from suburban areas and unpopular stations to the city divisions and more popular area.”

 

 

But contrary to the guidelines of the Directorate the following proposal for cluster re-organisation in Headquarters Region was taken up vide Letter No. ST/Union Matters/HQR/2017/II  dated at Hyderabad – 01 the 28.7.2020 as below:-

 

 

S.No

Name of Cluster

Name of the Division in the Clusters

Name of the HOs in the cluster

 

 

 

                    1

 

 

 

Cluster 01 (6 HOs)

Hyderabad GPO

 

 

 

Secunderabad Division

 

 

Medak Division

Hyderabad GPO

 

Secunderabad HO,

Trimulgherry HO,

Vikarabad HO

 

Medak HO,

Siddipet HO

 

 

 

                  2

 

 

 

 

Cluster 02 (05 HOs)

Hyderabad City Division

 

Hyderabad South East Division

 

Sangareddy Division

 

Khairatabad HO

 

Hyd. Jubilee HO,

Stn.Kacheguda HO

 

Sangareddy HO,

Zaheerabad HO

Hence on behalf of AIPSBCOEA CHQ,  it is kindly requested that the above proposal of clustering of HOs may be cancelled  which is in contrary to the Directorate guidelines , and the status quo may be maintained restoring the erstwhile/existing pattern of clustering of head post offices :-

 

The existing clusters in the Cirlcle is as below:-

 

Sl No.

Name of the Cluster

Name of the divisions in the clusters

Name of the HOs in the Cluster

 

 

 

                   01

 

 

 

Hyderabad City Cluster

Hyderabad GPO

 

Hyderabad GPO

 

Hyderabad City Division

 

Khairtabad HO

 

Hyderabad South East Division

Hyderabad Jubilee HO &

Stn. Kachiguda HO

 

                  02

 

Secunderabad Cluster

 

Secunderabad Division

Secunderabad  HO

Trimulgherry HO

Vikarabad HO

                   03

Medak–Sngareddy Cluster

Medak Division

Medak HO & Siddipet HO

Sangareddy Division

Sangareddy HO & Zaheerabad HO

 

Or the suggested proposal by AIPSBCOEA may be taken into consideration for cluster reorganisation which is as below:-

 

Sl No.

Name of the Cluster

Name of the divisions in the clusters

Name of the HOs in the Cluster

01

Hyderabad City Cluster

Hyderabad GPO

Hyderabad City Division

Hyderabad South East Division

Hyderabad GPO

Khairtabad HO

Hyderabad Jubilee HO &

Stn. Kachiguda HO

02

Secunderabad Cluster

Secunderabad Division

Secunderabad  HO

Trimulgherry HO

Vikarabad HO

03

Medak Cluster

Medak Division

Medak HO & Siddipet HO

04

Sangareddy Cluster

Sangareddy Division

Sangareddy HO & Zaheerabad HO

It is once again requested that the proposal vide Letter No. ST/Union Matters/HQR/2017/II  dated at Hyderabad – 01 the 28.7.2020 may be cancelled and status quo may please be maintained in this regard or the proposal given by the AIPSBCOEA may be taken into consideration for cluster reorganisation for both the Administrative as well as official welfare.

 

A  line of reply is solicited Please.

 

With Regards,

Yours Sincerely,                                                              

                            

-Sd-

(SHP. JASMINE JALAL BEGAM)  

General Secretary

AIPSBCOEA

 

 

Ref. No.: AIPSBCOEA/CHQ/Printing of LOTs by the POs/2020                                            Dated- 05.08.2020

 To

              The Secretary,

              Department of Posts,

              Dak Bhawan, Sansad Marg,

              New Delhi- 110 001.

Sub:   Regarding  Printing of LOTs by the Post offices…

Ref :  1.  Directorate letter No. F. No.  FS-67/1/2020-FS  dated 25.06.2020.       

 Respected Sir,

               Our Association would like to bring to the notice of the Honourable Secretary Posts,  with reference to the Directorate letter number mentioned above regarding the difficulties faced by the SBCO officials due to discontinuation of printing and supplying of physical copy of LOTs to SBCO from HO and all SOs. This order is practically causing many difficulties while performing the  prescribed checks of vouchers with soft copy of LOT in system by the SBCO units.

 The  problems  to carry voucher checking with soft copy of LOTs generated in MIS server are furnished  below:

 ·   MIS server is not responding most of the time especially during first and last week of the month. Reports are triggered in HFINRPT menu but not reflecting in HPR menu to view LOT.

·    There is no such option to make right (tick) mark against each entry in the soft copy of LOT generated from MIS server in token of checked with corresponding voucher received from HO/SOs.

·   In case of Head Office on and average 30 sub offices, every day approximately 300 reports

   ( LOT for SO {exclusively for SO}) and LOT for branch office under the accounting jurisdiction of the said Sub Offices are to be generated , for which 2 or 3 hours required, provided MIS server is fast, otherwise it may not be possible to generate reports in a day.

·   Moreover due to shortage of staff in SBCO units in the Region, it is practically difficult to spare more time for generating LOTs in MIS server, which may result hampering of voucher checking work at SBCO units, which is core function under CBS environment and should not fall in arrears for more than 3 days.

·   The restriction on the number of reports generated by SBCO to be lifted because the same is causing much delay in generation of reports and wastage of time as after generation of 50 reports the SBCO PA has to wait for one hour for generation of reports further. The H.Os where there are many S.Os/B.Os are facing difficulties due to this restriction.

   Hence, it is requested to kindly take necessary action for speeding up of MIS server , option to right (tick) mark in the soft copy of LOT and lifting the restriction of number of reports generated ; until then, submission of List of Transaction of all category of accounts to the SBCO to be continued.   

 

A  line of reply is solicited Please.

 

With Regards,

Yours Sincerely,                                                              

   -Sd-

(SHP. JASMINE JALAL BEGAM)  

General Secretary

AIPSBCOEA

 

Ref. No.: AIPSBCOEA/CHQ/Verification of membership /20                                      Dt- 3.8.2020

To

Sri P. K. Bisoi

Secretary,

Department of Posts,

Dak Bhawan, New Delhi - 110001

Sir,

 Sub: - Verification of Membership - 2020 -- Irregular and illegal acceptance of Application submitted by "All India Association of Supervisors Cadre (Group B)" -- regarding.

Ref: -   Director (SR & Legal) letter No. T - 15/2/2020 - SR dated 24th July 2020.

 Your kind attention is drawn towards the above mentioned letter of Director (SR & Legal) addressed to all Applicant Associations in connection with the scrutiny of constitution/bye-laws of service Association in accordance with CCS(RSA) Rules 1993 for Verification process to be held in the year 2020.

       In para -2 of the letter, the list of Associations whose applications are provisionally accepted, subject to certain amendments to be made in their constitution, is listed. Against item - 5 of para - 2 of the letter, the name of "All India Supervisors Association (Group B)" is given as one of the Applicant Association. In this regard, we would like to submit the following objections for your judicious consideration and dispassionate decision.

Clause - 5(c) of Central Civil Services (Recognition of Service Association) Rules 1993 stipulates as follows :

"Membership of a Service Association has been restricted to a distinct category of Government servants having common interest, all such Government servants being eligible for membership of Service Association".

      Subsequently Department of Personnel and Training in its OM No.2/2/94 - JCA dated 22nd April 1994 clarified the common points of doubts, referred to it by various Ministries/Departments, as follows :

Point of doubt

3. Whether the term "distinct category" used in Rule - 5(c) means group wise categorisation i.e; Group A, B, C or D or cadre wise categorisation".

Clarification:

By a “distinct category" is meant an Association whose members have a commonality of interest and function as a homogenous group".

It is based on the above Rules and clarifications issued by DOP&T under CCS (RSA) Rules 1993, the Department of Posts has categorised and published the "distinct categories having commonality of interest and function as homogenous group" , during the first verification process itself with the due approval of the DOP&T. As per the categorisation made by the Department of Posts, the Postal Assistant and all its allied cadres like LSG, HSG - 2, HSG - 1" is categorised as one homogenous group with commonality of interest. Similarly in RMS side, "Sorting Assistant and all its allied cadres" are grouped as one distinct category. Same is the case with Administrative Union also.

 During all the previous Membership Verification process, this position is maintained without any deviation from codal provisions. This is because, in the Department of Posts  LSG, HSG - 2, HSG - 1 and NFHSG - 1 are the supervisory cadres (Group B Non-Gazetted) in general line of Postal Assistant/Sorting Assistant / PA(CO) cadre and hence belongs to a homogenous group with commonality of interest. It may be noted that against this categorisation of Department, many cadre Unions/Associations including the Supervisors Association had filed cases in various High Courts, but they could not win as the courts upheld the categorisation made by Department of Posts.

 This being the well settled legal position, acceptance of Application submitted by an Association of Supervisors Cadre (Group B) is against the intention and spirit of CCS (RSA) Rules 1993 and also against the guidelines and clarifications issued by DOP&T. It also violates the earlier categorisation made by the Department of Posts during previous Membership Verification processes. If the Department go on permitting categorisation of each cadre as "distinct category" , then in future officials belonging to LSG, HSG -2, HSG - 1 and NFHSG-1 will start forming separate, separate Associations for each cadre and submit application for participating in Membership Verification process. This not the intention and spirit of CCS (RSA) Rules 1993 and subsequent DOP&T orders.

 In view of the above, it is requested that Secretary (Posts) may review judiciously the new categorisation made by Department of Posts, so that the Application submitted by the "All India Association of Supervisors (Group B)" will be summararily rejected. We like to place on record our strong protest against the new categorisation made by the Department of Posts, deviating from its earlier categorisation and also in violation of CCS (RSA) Rules 1993 and subsequent DOP&T orders.

 Awaiting early action,

 Yours Faithfully,

  -Sd-

(SHP.JASMINE JALA BEGAM)

General Secretary

 

Copy to: -

1. Director General, Department of Posts, Dak Bhawan, New Delhi - 110001    

2. Member (P), Department of Posts, Dak Bhawan, New Delhi - 110001

3. DDG (SR & Legal), Department of Posts, Dak Bhawan, New Delhi - 110001

4. Director (SR & Legal), Department of Posts, Dak Bhawan, New Delhi - 110001

5. SR Section, Department of Posts, Dak Bhawan, New Delhi - 110001

                                                                                                                             

     

Ref. No.: AIPSBCOEA/CHQ/Scrutiny of Constitutions/Bye-laws /2020    Dt:30.07.2020       

 To 

           Shri P.K. Bisoi,

Secretary 

Department of Posts 

Dak Bhavan 

New Delhi - 110001

Sub : Scrutiny of Constitution/Bye-laws of Service Association in accordance

           with CCS(RSA) Rules 1993 for verification process to be held in the year 

           2020 - Request for arranging a meeting by Secretary, Posts, with

          Staff side – reg

Ref : Director (SR & Legal) letter No.T - 15/2/2020 - SR dated 24th July 2020.

With reference to the above cited letter received from Director (SR & Legal) regarding the process of membership verification, Iam to inform you that the Managing Body of our union, viz All India Postal SBCO Employees Association, held detailed deliberations on the contents of the letter and like to place the following request before you.

As you may be aware , after the promulgation of the CCS(RSA) Rules 1993 , two membership verification process had been completed and recognition was granted to our Union every time . During the earlier verification process also we have submitted copy of our constitution along with the Application. In the first verification process itself, our constitution was scrutinized by the Department and after vetting by Department of Personnel & Training , the same has been approved , as we have complied with all the requirements of the Department and DOP&T. After the first verification process, recognition was accorded to our Union. Subsequently, in all Verification process we have submitted the same copy of the constitution which is approved by Department and DOP&T during the first verification process.  No objections or discrepancies were raised by the Department and the constitution submitted by our union was accepted without any further modifications and recognition was also granted after the verification process conducted earlier.

       This being the fact , we are at a loss to understand why the Department is raising objections and discrepancies in various clauses of the same constitution now. It is also felt that some of the modifications and discrepancies raised, like deletion of all references to our affiliated Federation, viz ; NFPE from the constitution , replacing the word "union" with "association" in the text of the constitution etc , will change the basic character and fundamental principles laid down in the union constitution.

       Further , once a constitution is approved by the Department and also by our All India Conference which is the highest policy decision making body , any amendment to the constitution can be made only with the approval of the next All India Conference as per the clauses of  "department - approved" and "All India conference approved"  constitution of our union. Amending the clauses of the constitution in violation of the provisions of the constitution can be challenged by any of our bonafide member in the court of law , and we will be put to an embarrassing position.

   In additions to the above , we have certain apprehensions regarding the amendments sought by the department in Director (SR & Legal) letter cited above , for which we need some clarifications from the department to enable us to take our decision on the amendments / discrepancies raised by the Department.  

          In view of the above, it is requested that a meeting with the staffside may be arranged by the respected Secretary, Department of Posts at the earliest , to put the records straight and to clarify our genuine apprehensions and doubts.

    Awaiting positive decision ,

 

    Yours Sincerely

                                                                                                                              

                                                                                                                 -Sd-                 

                                                                                                  (SHP.JASMINE JALA BEGAM)

                                                                                                                     General Secretary

 

Copy to :

 1.    Director General , Department of Posts , Dak Bhavan , New Delhi -  110001

2.    The Member (P) , Department of Posts , Dak Bhawan, New Delhi-  110001

3.    The DDG(SR) , Department of Posts Dak Bhawan New Delhi- 110001

4.   The Director (SR & Legal) , Department of Posts , Dak Bhawan,

       New Delhi-110001      

      5.   The Section Officer, SR Section, Dak Bhawan, New Delhi- 110001

 

Ref. No.: AIPSBCOEA/CHQ/Fin. Upgradation /2020                                                   Dated- 28.07.2020             

To

The Secretary,

Department of Posts,

Dak Bhawan, Sansad Marg,

New Delhi -110 001.

 

Respected Sir

 

      Subject: Regarding Non compliance of Directorate instruction vide No. 22-06/2000-PE-I(Pt) Dt.  

                     08.05.2017 to all HOCs in pursuance of Honourable Supreme of India over/ judgement

                     dt. 13.02.2017   for  extension of the monetary benefits by considering placement under

                     TBOP/BCR Scheme in cases where seniors are considered for placement at par with their

                     juniors:

 

      Ref:       1.   Directorate  letter No. 22-06/2000-PE-I (Pt.) Dated 08th May, 2017

                   2.  D.G. Post  letter no.22-5/95-PE-I dated 05/08/1997

                     3.  D.G.Post Letter No. 22-5/95-PE-1 dated. 01-01-1998

                 4. Supreme Court Order dated 13.02.2017, in LA.No. 2,3 &4/2016 in SLP ( C ) No.    

                      35654/2015 

                 5. The CAT , Bangalore Bench vide OA. No.170/01553/2018/CAT/BANGALORE dated 1st Day of  

                        October, 2019.         

                             

         On behalf of the All India Postal SBCO Employees Association , it is brought to the kind notice of the honourable Secretary Posts, that the Financial upgradation in pursuance of Honourable Supreme Court of India / judgement dt. 13.02.2017 passed in IA No. 02,03 & 04 of 2016 in SLP (C) No. 35654/2015 – No development even asked for compliance by 28.07.2017 vide Directorate Communication ibid dt. 29.06.2017.

 

The Financial upgradation / by promotion under TBOP/BCR may  be considered for placement at par with their juniors in view of order issued by the 08/02/1996,  05/08/1997 & 01/01/1998 and oblige.​

 

In this regards, D.G.Post Letter No. 22-5/95-PE-1 dated. 01-01-1998 (32 para 2), clarifies that “UDCs working {in circle office and SBCO, LSG (both 1/3rd and 2/3rd) PO and RMS Accountants} on or before 26-06-1993 will be entitled for promotion to TBOP/BCR with reference to the date of promotion of LDCs to the respective grade if the LDC had been brought on transfer under Rule 38 of P&T manual volume IV on or before 26-06-1993 (the crucial date) and was still working as such on that date.

 

D.G. Post  letter no.22-5/95-PE-I dated 05/08/1997, clarifies that “The case has been examined in consultation with the Ministry of Finance, Department of Expenditure. It has now been decided that all the officials, such as UDCs in Circle office and SBCO, LSG(both 1/3rd and 2/3rd), PO & RMS Accountants will now be considered for next higher scale of pay from the date(s) their immediate juniors because eligible for the next higher scale. This will, however, not entitle an official to claim promotion under TBOP/BCR schemes with reference to his immediate junior who was brought  under rule 38 of P&T Manual Vol.IV to the unit concerned in the same scale of pay. Accordingly, the senior official(s) would, however, be entitled to claim promotion with reference to their junior if the junior was brought to that unit under rule 38 of P&T Manual Volume IV in a lower grade and on the crucial date he was still working in the lower grade. Promotions under TBOP/BCR do not affect the seniority of the officials in any manner as the same are based on the length of service of the official(s) concerned and not on the creterion of seniority. However, if an eligible official is found unfit for the promotion under TBOP/BCR, he will be losing seniority in the same manner as a person who is dropped from promotion in the usual manner.”

 

                               Further, the clarification from the Post Office Small Savings Schemes Part – IV on Page No.318-319, Para 31(2)

 

– {by AN Dureja Ninth Edition published in the year 2001} is as follows :

 

                                “Inter-alia the official would be entitled to claim promotion under TBOB/BCR on the analogy of NBR with reference to their junior if the junior was brought to that unit under rule 38 of P&T Volume IV in a lower grade and on the crucial date he was still working in the lower grade. Promotions under TBOP/BCR do not affect the seniority of officials in any manner.”

 

                                The UDCs Recruited employees before 26-06-1993 (the crucial date) with higher scale of pay (Rs 1200-2040). These are senior to LDCs recruited in the Lower scale of pay (Rs 950-1500) who remained in the same Lower scale of pay (Rs 950-1500) up to the crucial date.

                           

“ The CAT , Bangalore Bench vide OA. No.170/01553/2018/CAT/BANGALORE dated 1st Day of October, 2019 the application was disposed of, directing the petitioners to extend the benefit arising out of the judgement to all similarly situated employees, within a period of twelve weeks from that day.

 

It was mentioned clearly  that there shall be no further extension of time and in case the payment is not made within the time granted , the employees will be entitled to interest @ 12% per annum from the date of original judgement by this Court and the officers responsible for the delay shall be personally liable for the same.”

 

The  Department Vide letter No. 22-06/2000-PE-I (Pt.) Dated 08th May, 2017 regarding the revision of guidelines for considering placement under TBOP/BCR Scheme in cases where seniors are considered for placement at par with their juniors:

In which it was stated that Now, in pursuance of the Supreme Court Order dated 13.02.2017, in LA.No. 2,3 &4/2016 in SLP ( C ) No. 35654/2015, in the matter of Uol and Others. Vs.  S.  Bheesmachar and Others, and after consultation with the Department of Personnel & Training Authority to withdraw the instructions  issued  vide this office letter of even number dated 17.05.2000.

All cases where seniors are adversely affected by implementation of BCR scheme placing their juniors in the next higher scale of pay will be decided in terms of the instructions issued vide this office letters no. 22-5/95-PE-I dated 08.02.1996, 05.08.1997 and 01.01.1998, relating to TBOP/BCR Schemes.

 

The Association has written several letters in this regard and to the disappointment these lines are registered with great pain that almost all Circles except 2 or 3 have not complied the instructions of your good office after passing about more than 3 years of Honourable Supreme Court of India judgement and many officials have been retired in between without getting their due benefits/payment.

 

It is therefore requested to kindly look into the matter personally & cause compliance of Honourable Supreme Court of India order by HOCs without further delay to avoid any adverse consequences in case of contempt proceedings .

 

A line of Reply is solicited Please.

 

With Regards,

              -Sd-                                                                                                                  

    (SHP. JASMINE JALAL BEGAM)

    General Secretary

                                                                                                               

              Copy To:- The Director SR Legal,

                                  Department of Posts,

                                  Dak Bhawan, Sansad Marg,

                                  New Delhi – 110 001.      

                      

                                                                      

 

Ref. No.: AIPSBCOEA/CHQ/preventive measure for COVID19 /2020                             Dated-  28.7.2020

 To

The Chief Postmaster General,

Tamilnadu Circle,

Chennai-600 002.

Respected Sir/Madam,

Sub:-    Preventive measure to contain the spread of COVID19.

Ref:-    1.    DOPT order F.No. 11013/9/2014-Estt.A-III Dated the 18th May 2020.

            2.    MHA ORDER No.40-3/2020-DM-I(A) dated 29.6.2020.

            3.    DOPT letter dated 15th July, 2020 reg Guidelines for protection and safety of Persons

                    With Disabilities(Divjangian) during COVID -19.

 

                                We Citizens of India are bound to abide by the Honorable Prime Minister’s declaring of the  Lock down throughout the country. In almost all the states the Lock down is strictly adhered, due to which all the public transports have been stopped.  On behalf of the All India Postal SBCO Employees Association CHQ, the difficulties of the SBCO staff to attend the office due to unavailability of transport and especially the problems of the women employees during this lockdown are represented in this letter. We bring to the notice of the Circle Administration that as per the reference 1 cited above, “The Ministry of Home Affairs (MHA) vide its Order dated 17.5.2020 has extended the nationwide lockdown till  31.5.2020  to contain spread of Corona Virus in the state/country and has issued the consolidated revised guidelines for strict compliance. In the reference cited above vide para 2 ( b & c ) , it has been decided that “For the staff below the level of Deputy Secretary, all Heads of the Department shall prepare a roster so as to ensure that 50 percent of officers and staff attend office on every alternate day and observe staggered timings”.The state Government has extended the lockdown till 31.7.20 and the same is definitely to be extended further due to the vigorous spread of the pandemic COVID-19.

            

                           The  guidelines  was  issued for attendance for officers/staff at levels below Deputy Secretary, in which the Heads of Departments (HODs) may also direct their officers/staff to attend office in staggered timings  and suitable Roster may be drawn for 50 percent attendance by the Heads of Department  to further avoid crowding in offices/work spaces and maintain social distancing which is need of the hour. With reference to the letter number 2 cited above the lockdown is now further extended till 31.7.2020. With reference to the letter number 3 cited above  “ the employees , who are persons with disabilities (PwD) / Divjangjan are exempted” from attending duty. As far as SBCO employees are concerned , there are many of them who travel many kilometers from office to residence daily as they are posted from one division to another division usually. So, such employees may be allowed to work at offices near to their residences either within the same division or at  other divisions which will be helpful to the officials and also beneficial to the department to complete the work instead of being at home losing their own leave. It is requested by the AIPSBCOEA CHQ, to kindly cause issuance of orders  throughout the Circle  for the Employees, to implement the DOPT orders  mentioned in the reference above to follow the 50% attendance , roster system , staggered timings , exemption to employees with disabilities and permission to those unable to attend office due to unavailability of transport to work at H.Os near their residence within same division or other division till the lockdown is lifted totally throughout the circle.

 

 A line of reply is solicited please. 

 With Regards,

                                

Yours Sincerely,

                      -Sd-

(SHP. JASMINE JALAL BEGAM) 

General  Secretary.

 

Ref. No.: AIPSBCOEA/CHQ/Relief of SBCO officials ordered for inter circle transfer/2020    DT- 21.07.2020        

 To

            The Chief Postmaster General,

            Karnataka circle,

            Bangalore-560001

 Sub: Regarding relief of SBCO officials ordered for  Inter circle rule-38 transfers from North Karnataka region/Karnataka Circle to Andhra Pradesh Circle ..

Ref: The Chief Postmaster General office , AP circle memo nos:

1.       STA/18-3/SBCO R-38 AP/2018 dated at Vijayawada-520013 the 22/02/2019

2.       ST-III/R-38/Vacancies/2018 dated at Vijayawada-520013 the 03/06/2019

Respected madam,

                                 

                                    On behalf of the All India Postal SBCO Employees Association it is brought to the kind notice of the honorable Chief Postmaster General , that inter circle Rule-38 transfer orders  of SBCO officials have not been implemented by North Karnataka region of Karnataka circle for more than one year with reference to the letter numbers 1 & 2 cited above.

 

                                    The officials have been waiting for relief orders for more than one year with much anxiety but it is highly disappointing that the officials are not yet relieved within the stipulated time as per the  guidelines from Directorate. The officials are facing much difficulty being separated from their family members during this pandemic spread and the destination circles are facing shortage to that extent.

 

                                   Hence it is requested that the respected Chief Postmaster General may kindly issue instructions to the Postmaster General North Karnataka Region to relieve all the officials who are yet to be relieved to Andhra Pradesh circle,  So as to enable the officials to work effectively with mental peace being with their family.

A line of reply is solicited Please.

 With Regards,

                                                                                                                        -Sd-                                   

                                                                                                     (SHP. JASMINE JALAL BEGAM)

                                                                                                                            General Secretary

 

BRIEF OF THE MEETING ON  14.7.20  FROM 11.30 A.M TO 12.30 P.M REGARDING CADRE RESTRUCTURING OF SBCO:- 

 

The meeting held on 14.7.2020 regarding the cadre restructuring of SBCO was really a very cordial one. All the officers of the Committee Sri. Charles Lobo, Sri. Anand , Smt. Smriti Saran listened to our views and suggestions patiently and agreed the same. All the suggestions already written on behalf of AIPSBCOEA CHQ were discussed in detail in the meeting. The change of setup and the work nature of SBCO prior to 1991 and as of now were discussed in detail giving justification of cadre restructuring for SBCO as per the number of accounts and the work load. The increase in work load viz, 100% voucher checking, addition of the SOSB work, addition of the sub accounts work, addition of the NSCs and KVPs work to SBCO from DAP were explained with statistics. The one time relaxation of the RRs of HSG I and HSG II to fill up all the supervisory posts were demanded as per the letters written already for the same. The justification of amalgamation of SBCO with the DAP was discussed in detail in reference with the Association's letter submitted already. The nature of work similarity of both the wings i.e. SBCO and DAP as both were bifurcated from the AG P&T and SBCO is performing the auditing and checking work on behalf of DAP at the H.Os and submitting the statistics ( Fin & non-Fin ) to DAP.  This suggestion was welcomed by the Chairperson Sri. Charles Lobo. The need for the  increase in the sanctioned strength of all the SBCO units was demanded giving the increase in work load and the shortage position was given circle wise in detail. The recruitment process which needs to be taken up by the Department instead of the SSC which is very slow was pointed out. The vacancies arising due to the superannuation which is to be filled up was also discussed . Along with these suggestions the cadre restructuring needs to be done to make SBCO branch work efficiently and independently. The demand of " Audit status" was discussed citing the Association's letter along with the nomenclature change as per the table given in the letter for the proposed nomenclature and pay scale.

The proposal of new RRs of PA/SA was opposed , the identity of SBCO needs to be maintained separately  as the work is purely " Auditing and checking"  for which the General line staff should not be utilized /exchange of staff from SBCO to General line and the vice versa which will pave way for increase in misappropriation of the crores of public money in the POSB and dilution of Audit.

All the suggestions of AIPSBCOEA CHQ were agreed by the members of the cadre restructuring committee and informed that the proposal will be finalized very soon and the meeting was concluded.