BPEF/ Pre-exercise / Strike notice/ Industrial harmony /2013 Dated: 23-12-2012
The Secretary (P)
Department of Posts
Dak Bhawan, New Delhi-110 001
Sub: Request for settlement of urgent demands through negotiation – pre
Exercise to maintain industrial harmony before resorting to strike
As we all are aware that in the guidelines dated 28-11-11 issued by DOP&T over a proposal of Department as on outcome of strike agreement dated 28-06-2011 to provide informal meeting and other facilities has given us option to resort to negotiations before making any disturbance in industrial harmony.
It is on this background the Federation is requesting with your good self before going to any agitational programmes over urgent and long pending issues.
I am sorry to state that Department failed to measure the gravity of intention shown by DOP&T to provide informal meetings and other minimum facilities to BPEF & its affiliated unions and rather the Department remained indifferent to our letters over staff grievances and also reluctant to meet the office bearers of Federation whenever they came to meet your good self to apprise the grievances. Thus, this lack of communication channel between the Department and Federation the Department remained unaware of the intensity of resentment growing among employees.
Feeling it as our duty , we are once again presenting a Charter of demands with brief notes with intention to give our full cooperation if your good self desires to start a negotiation channel to settle the grievances and to keep industrial harmony intact which may get disturbed if we along with our member go to strike
Thanking you in anticipation of positive signal from your side.
Encl as above:
CHARTER OF DEMANDS WITH BRIEF NOTES
Item No. 1 :
We demand due respect and importance to strike agreement made by then Secretary (P) on 28-06-2011 & the DOP&T guideline issued on 28-11-2011 for Extending informal meeting & others facilities to BPEF & its affiliated Unrecognized Unions.
Brief Note :
In this connection department sent a proposal to DOP&T on 20-7-2011.The para 7 of it reads as :-
“The present policy of the Government is to extend trade union facilities only to recognized service associations of regular employees and the federations. But the contention of BPEF and its associations is that though unrecognized, they represent good number of employees and therefore, should also enjoy the facility of meeting with the management and put across their view point on important issues. It is in this background that the matter is referred to DOP&T , JCA Division, for their considered views.”
In response off above letter ,DOP&T vide letter dated 28-11-11 guided in the matter as
“If in the interest of maintaining Industrial harmony in Deptt. Of Posts, the Department intends to give limited trade union facilities to the Bharatiya Postal Employees Federation (BPEF) affiliated associations, it is for them to take an administrative decision in the matter.”
In the present scenario, the Circles like U.P., Maharashtra, M.P., Gujarat, Orissa, Andhra Pradesh ,with regard to our union membership, have attained number one position in several Postal /RMS Divisions. We are worried that the Department is handing over the union subscription of our members to us but without providing Channel of Communication to represent them at least in formally at all level of Postal Administration. Thus we are left with only agitation methods to represent the grievances of member employees. This unwarranted situation is an indicator of lack of vision of Postal Board despite availability of DOP&T guideline to provide minimum trade union facilities in order to maintain industrial harmony.
Item No. 2 :
We demand clear cut guidelines for circulation of amendments in constitution of BPEF & its affiliated unions along with list of office bearers of All India Conferences submitted to directorate.
Brief Note :
In the veiw of recognition being granted at national level, the Constitution of BPEF and its affiliated unions are to remain in custody of Directorate. Therefore, it is the duty of Postal Administration to circulate changes in constitution and its office bearers to the Circles for giving effect to it.
It is to admit that changes in provision of constitution are being circulated but the list of office bearers of All India Conferences conducted with proper notices to the department are not being circulated.
Item No. 3 :
(a) We demand an instruction that Secretary General of BPEF with Address of its office “ T-21, Atul Grove Road, New Delhi , may be included in all Mailing list of Department.
Brief Note :
Although few important wings of Directorate are sending the communications related with staff/policy matters but not all wings are supplying it.
An instruction to all wings may be issued to add in their mailing list the address so that we may also become well conversant with changed management of Postal Department.
(b) In view of two unions of this Federation are now recognized we demand that Secretary General BPEF may be included in all committees of Department in which other two Secretary Generals are participating in the capacity of members of Departmental JCM. as invitee member to present its views
Item No.4: RESTRUCTURING TO BE CARRIED OUT IN VARIOUS CADRES OF VARIOUS WINGS OF DEPARMENT.
(a) Restructuring on the basis of Para 6.1.17 of 6th C.P.C. – We demand to restructure various cadre of various wings of department having direct recruitment and carve out quota of not less than 10% from direct recruitment quota as LDCE quota having eligible educational qualification equivalent to direct recruit. They may be treated as direct recruit also.
Brief Note :
Although Department is inducting employees through LDCE up to Inspector level post along with Direct Recruitment from open market , but the educational qualification of L.D.C.E. is not at par with that of Direct Recruit. Therefore, they are treated as promottee and the promotion is counted under MACP.
After having recommendations of Para 6.1.17 of VIth C.P.C. the Govt. Department have chance to induct brighter employees of lower cadre to upper cadre in direct recruit capacity. Such type of recruitment will not be counted in MACPS up-gradation as per Para 9 of Annexure I of MACPS Order.
We demand from Department to restructure its cadre and create LDCE quota of not be less than 10% by carving it out from direct recruit in RR.
(b) We demand that seniority cum fitness quota of not less than 30% quota may be introduced in all cadres from Postman/ Mail guard to Inspector cadre.
(c) We demand that MTS of postal Department be made equivalent to Postman / Mail Guard .
The job profile of MTS is equivalent to that of Postman/ Mail Guard. In RMS offices senior MTS were compelled to work in Mail Guard capacity with very meager payment. They may be given full payment of Mail Guard.
(d) The grade pay of Lift operator be made Rs. 2000 at par with those of CPWD.
Brief Note :
On demand of National JCM council, Govt. of India vide 2-13/91-PE-I has directed all Govt. Department to consider parity of Lift operator from CPWD. Accordingly the pay of Lift operator was revised in 4th Pay Commission to 950-1500. Till 5th Pay Commission, the Department was giving them parity.
With implementation of 6th CPC, the grade pay of Lift operator of CPWD was enhanced to Rs. 2000 but Department of Posts is not providing this grade pay to Lift operator in Mumbai and other places.
(e) we demand that as decided in the National JCM and accepted by Govt. all promoted employee in a cadre not reaching to the entry level of Direct recruit in that cadre may be placed at the entry level decided by 6th CPC for Direct recruits. In this way pay anomalies existing between direct recruits and promotee in that cadre may be removed.
(f) In view of recent orders of DOP&T to allow stepping up in ACP scheme, we demand the similar stepping up in TBOP/ BCR category of employee of our Department also.
(g) We demand restructuring in civil wing in following pattern:
(1) Pay anomaly in Wireman cadre has been unnecessarily created by departmental officers. The pay scale of wireman recruited from year 1968 onwards has been made controversial in the year 2002 by an abrupt order no. 2-12/2000-PE.I dated 23-10-2002.
It is a well established provision that the appointments and pay scales granted by competent authority cannot be revised at such a later date. But Departmental officers are doing so in-spite of several court orders in this regard.
We therefore , demands that the order dated 2002 may not be taken into account and initial pay scale of 260-400 which has been granted during appointment of these Wireman from third pay commission may be taken as correct pay scale of Wireman . The replacement pay scale in different pay commission may be calculated on the basis of it.
(2) Grade of WC Grade – II in Civil Wing be made 2400 and that of WC- Grade-I be made 4200 and they may be allowed to appear in all Examinations of Postal Department.
(3) Grade pay of Wireman, technician, Lift operator may be made at par with that of C.P.W.D.
(4) Restructuring in the cadre of JE may also be carried out.
(h) We demand cadre restructuring in Postal Accounts in following pattern:
(1) Grade pay of SA in Postal Accounts may be made 4600 as per DOP&T clarification dated 13-11-2009 and the method of pay fixation of Assistants of CSS in grade pay of 4600 despite the fact that they were in the pre-revised scale Rs. 5500-9000 as on 1-1-2006.
The guiding para 7.56.8 in this regard can be fully implemented over the senior accountants of Postal Accounts and grade pay of 4600 may be allowed to them from 1-1-06.
(2) The Grade pay of SA of JA may be made 4200. If it is not possible then cadres of JA & SA may be merged.
(3) The recommendations of cadre restructuring committee of LDC, Sorter, and DEO may be implemented soon.
(I)We demand that the services for purpose of MACPs of (i) to RTP candidates recruited in PA/SA cadre in Eighties and (ii) to LDC employees of Postal Accounts selected through Departmental Examination from amongst Short Duty Scheme candidates may be calculated from the date of declaration of result of examination and not from the date of joining.
Brief Note :
Employees recruited under RTP scheme may be given seniority for the purpose of MACPs from the date of their appointment and not from the date of joining. Similarly in Postal Accounts a panel of successful candidates in LDC cadre from Department Exam. taken as per RR from amongst short duty staff existing at that time has been formed and they were given appointment as and when vacancies arised in LDC cadre.
Item No. 5: FILLING UP OF VARIOUS POSTS IN VARIOUS WING OF DEPARTMENT OF POST
(a): We demand that a clear cut order about the procedure to be adopted for recruitment in MTS category may be issued.
Although the RR of MTS category in various wings of Department of Posts has been framed but the recruitment process in this stream is sluggish and no Circles are showing any interest to complete the process. In our view the procedure to be adopted for recruitment in MTS category are not very clear.
(b) It is demanded that an instruction may be issued to higher officers to camp in the regional staff selection offices and get the required dossier of selected candidates so that recruitment in various post of Postal Accounts can be completed.
Brief Note :
Filling up vacant post through Staff Selection Commission in Postal Accounts and Civil Wing is very slow and about 40% of vacancies in every cadre of the wings remained unfilled.
(c) Leave reserve vacancies may be calculated keeping in mind the child care leave vacancies and extra work of Adhar Card distribution.
Item No. 6: MACP ANOMALIES IN VARIOUS CADRES OF VARIOUS WINGS OF DEPARTMENT OF POST.
(a) Anomalies arising because of misinterpreting the provisions of MACPS and its clarifications. In our Department the regular services required for MACPS is not being counted from the promotional grade or entry grade but it is counted from the date of TBOP up gradation, the 16 year of which is not a regular service. The wrong counting will defeat the very purpose of granting MACPS on completion of 10.20&30 years of service from entry grade.
Brief Note : Following facts about TBOP/BCR scheme are to be kept into mind before arriving to any conclusion in this regard.
(i)As per letter No. 28-6/2000-PE-I dated 17-5-2000 the TBOP/BCR upgradation are not against norm based LSG and HSG-II but only placement is the same pay scale on completion of 16 & 26 year to service in PA/SA cadre respectively.
(ii) The para I of TBOP order makes an employee eligible for TBOP after completion of 16 years of service and not 16 years of regular service.
(iii) The adhoc services of RTP candidates in APS has been included in the counting of 16 years of services for TBOP upgradation by higher court decisions.
(iv) While formulating TBOP/BCR scheme the service of TBOP & BCR where counted from date of entry in the cadre and not from TBOP
The contention of federation is available in following MACP provisions .
(1) The para 1, para 9 & para 28A and B of Annexure 1 of MACPS order dated 19-05-2009 clearly indicates that
(i) The entire scheme has been framed by considering the various circumstances in which regular promotion were offered in the career of employee.
(ii) It has also indicated that time bound promotion may be counted for consumption of three MACPS
(iii) It everywhere insisted that in any circumstances the regular service is to be counted from entry grade or from promotional grade.
(iv) (iv)The eligibility for further MACPS arises as an employee complete 10 years from regular service in the grade pay should not be misconstrued as this 10 years of service is to be counted from irregular upgraded grades like TBOP grades.
(2)The definition of regular service is given in Para 9 of annexure I of MACP order
(2) The PARA 1 of MACPS order provides that
10,20 , 30 years of regular service are counted from entry grade.
Here 10 years of service is for 1st MACP.
Twenty year of regular service from entry grade are counted for 2nd MACPs.
Thirty years of regular service are counted from entry grade for 3rd MACP.
(3) The Para 28 A&B of MACPS order When an employees get regular promotion before 10 years and did not get further promotion then regular service for 2nd MACP is counted from this promotional grade and 20 years of regular service for 3rd MACP from same promotional grade
If second promotion is earned before 20 years of service from entry grade, the IIIrd MACPS is granted after 10 years of regular service from 2nd promotion.
indicates that offset in frequency of 10,20&30 years can be made but in no case further MACPS be granted after 10 years of previous MACPS.
Although after 16 years of service in a grade TBOP is granted as 2nd MACPS but it should be construed as being granted after 10 years of 1st MACPS and therefore 3rd MACPS has to be granted after 10 years from this notional date.
THESE CONCEPTS WHERE REITRATED IN REPLY TO A M.P OF PARLIAMENT
As clarified by postal department vide item no10- 3-1/2012 –PCC in reply to C.R. Patil M.P. for discussion with MO(C&IT)
“ The scheme provided three financial upgradaton at an interval of 10,20 & 30 in the hierarchy of grade pays in the entire career to avoid stagnation due to lack of opportunity as fall back option in case the employees concerned does not get regular promotion within the interval”.
Regarding counting of promotion/ up gradation it has been replied that
“Regular promotion earned through departmental Exam. or otherwise by virtue of provision in relevant Recruitment rules under promotions quota and up gradation earned as a result of application of such scheme prevalent in the department like TBOP/BCR count for said purpose “.
Thus, federation has no objection over counting of TBOP/ BCR upgradation but has objection over counting of regular service of 10 year from date of TBOP to grant further MACPs and not from date of promotion. The provisions which department is mentioning is certainly based on misconception originated through misinterpretation of various provisions of MACPS and its subsequent clarifications.
(b) We demand for orders of special DPC for BCR promotions to those employees completing 26 years of services between July, 2008 & August, 2008.
Brief Note :
The department has ended TBOP/BCR SCHEME with instruction to conduct screening committee meeting by issuing necessary orders in this regard. But no circle has gone into the fact that BCR promotion to the employees completing 26 years of service between period 2-7-2008 and 30-08-2008 are being denied due to non observance of the fact that BCR DPC due on 1-1-2009 has to be shifted on 30-08-2008 to complete the end process of the scheme. It is demanded that orders may be issued to conduct notional DPC on 30-08-2008 to grant BCR promotion to these employees.
We are citing example of a Gr. D employees promoted in Postman cadre after 5 years. Later on he got promotion on 15-7-82 in PA cadre. He got TBOP up-gradation on 15-7-98. Now when his turn for BCR came on 15th July, 2008. The BCR DPC could not been convened in January, 2009 because scheme was withdrawn. Thus this employee could not get either BCR benefit or MACP benefit as he has already earned three promotions.
(c) The order issued by directorate to provide TBOP/BCR Grade pay of Rs. 1900 and 2000 respectively to the MTS from 1-1-2006 under Para 6 of MACP order dated 19-05-2009 is not correct as this Para is not made for allowing upgradation by Departments after implementation of 6th CPC. This Para has been made to allow the grade pay enhanced by 6th CPC to eligible employees.
Due to its misinterpretation circle ,3% increment provided to them as per Para 5 of Annexure I of MACPS order is being withdrawn thus causing recovery from their pay.
We demand that this order may be withdrawn and TBOP/BCR pay scales to these category of employees may be upgraded from prior date of 1-1-2006 and the pay of these employees may be fixed in that revised pay scale then 6th CPC benefits be extended to them.
Brief Note :
The clarification sought by DA (P) Lucknow from Establishment Branch regarding grant of 3% increment to erstwhile Gr. D during M.A.C.P.s promotion on 1-9-2008 by ignoring the TBOP promotion obtained before 01-01-2006 or between 1-1-2006 and 1-09-2008 remains un-clarified since long. Thus causing recovery from pay of erstwhile Gr. D employees due to un-clarified and confusing statement of para –4 of orders No. 1-20/2008-PCC (Pt.) dated 18-07-2011 issued by Shri Surender Kumar , ADG (GDS/PCC) .
Kindly clarify the question raised by DAP Lucknow and it may be communicated to all Postal Branches.
(d)We demand that if an employee gets 1st MACP on completion 10 years of regular service from entry grade and later on get 1st vacancy based promotion then this promotion is to be ignored an lieu of 1st MACPs and benefits of 3% on promotion should be disallowed.
Various cases over which wrong clarifications has been issued by not considering above facts are as below:
(i) Brief Note :
Wrong clarification has been issued from PCC cell of Department of post regarding MACPs to those directly recruited PA conferred with TBOP up-gradation who have got promotion in Inspector cadre without bothering about the number of this promotion.
The Department consider promotion of this PA in inspector cadre as 2nd promotion, 1st being his TBOP up-gradation, despite the fact that promotion in IPO cadre is 1st vacancy based promotions of this PA.
This promotion in IPO cadre has to be ignored in lieu of getting 1st MACPs in form of TBOP and 3% increment on account of promotion in Inspector cadre may not be provided as he has already earned it on grant of TBOP.
The Federation Demand to ignore promotion in Inspector cadre of directly recruited the PA conferred TBOP scale on the ground that he has already availed 1st numbered MACPs in form of TBOP.
(ii) PCC has issued wrong clarification in respect of those PA/SA who got promotion in AAO cadre after obtaining TBOP/BCR promotion by counting TBOP/BCR up-gradation without bothering about its numbering
The promotion in AAO cadre of those PA remains 1st vacancy based promotion and should be ignored in lieu of 1st MACPs obtained in form of TBOP.
The Demand of this federation is that his promotion has to be ignored in lieu of getting 1st MACPS in form of TBOP and further MACPS be provided after that.
(iii) The employees of Postal Accounts who have got 3rd numbered MACP in grade pay of 4600 and later on got 3rd numbered promotion of career in AAO cadre do not get 3% increment on promotion in AAO cadre on the ground that they have already availed 3% increment during 3rd MACPs.
BREIF NOTE The demand of federation is that why there are two types of standards for grant of MACPs in various wings. If in the Postal Accounts the MACPs numbers is compared to promotion numbers and the fate of 3% increment is dependent on the conditions of ignoring of same numbered promotion which clashes with same numbered MACPs then why same provision is not being followed in other postal/RMS wings and same numbered promotion are ignored for same numbered MACPs.
Therefore, 1st promotion in Inspector or AAO Cadre to directly recruited PA’s conferred with TBOP should be ignored and further MACPs be provided. If this demand is not conceded by the department then above mentioned denial of 3% to postal account employee on getting promotion in AAO cadre should be provided to them.
Item No. 7 :
New Pension Scheme may be withdrawn and GDS, Casual labour and Temporary Status Gr. D. Employees recruited before 1993 may be provided with old pension scheme.
Item No. 8:
(a) Constitute 7th Pay Commission timely.
(b) 50% DA merger may be done without delay.
(c) Income Tax ceiling may be increased.
(d) OTA rates may be revised as per 6th CPC.
Item No. 9: Several GDS employees pass direct recruitment examination of Gr. D/ Mailman and Postman/ Mail Guard simultaneously with in same year. Sometimes they join the post as and when the result came. Few of them joined Gr. D/Mailman first and then Postman/ Mail guard later on because of delay in declaration of its result. Now these two recruitments are being counted for MACPs as a promotion which is affecting one MACP promotion.
We demand that in case of such employees, direct recruitment in the lower cadre may be ignored and direct recruitment in higher cadre may be treated as real direct recruitment of GDS in the department and MACP benefits may be extended accordingly.
Item No. 10: (a) HSG-I recruitment Rules may be finalized at earliest.
(b)AAO cadre recruitment Rules may be finalized at earliest.
Item No. 11:
Establishment branch is taking no pain to decide initial pay scale of wireman serving in the department for last 30 years. The pay scale over which appointment have been done 30 years back has been revised in year 2002 by this branch. There after recovery has been initiated for excess pay drawn. This branch has decided ACP-I & ACP-II pay scales but hesitating in deciding initial pay scale. Due to this different Circles are deciding different pay scale for them which is a very immoral from the part of the Directorate. Therefore initial pay scale of these Wiremen may be decided within a one month.
Item No. 12:
(a) Despite clear cut instructions from Directorate to hold D.P.C. of APM Accounts for promotion into LSG, HSG-II and HSG-I posts, various Circles like M.P.Circle are not holding the D.P.C. However A.P. and Orissa Circle have promoted them notionally. It is requested that necessary instructions may be issued to M.P. and other Circles to hold D.P.C. within a month.
(b) As par department letter No. 137-10/96-SPB-II dated 28-1-2003 APM Accounts LSG norms based post should be filed strictly by Qualified Accountant not with General line. This clarification is not being followed in several Circles. It is demanded that instruction to follow the clarification may be issued.
(c) We demand that para 7 of communication No. 4-17/2008/SPB-II dated 10-2-2011 may be abolished and order for allowing APM Accounts to be inducted in Postmaster grade –I may be issued.
Item No. 13:
(a) On the basis of strike agreement it has been arrive at that GDS ,not being a regular employee ,the imposition of any ceiling in compassionate appointment is unwarranted. Therefore 100% appointment will be ensured to this category of employee.
Accordingly revised instructions were issued for compassionate Appointment in GDS categories vide Department letter No. 17-17/2010-GDS dated 1- 8-2011. In the revised provisions previous 10% ceiling for recruitment is removed. But the necessity of earning 50 merit point has been imposed impracticable. During the Welfare Committee meeting many CPMGs has accepted before Secretary (P) that many deserving cases are not able to gather 50 Merit points despite their urgency. Therefore it is demanded that necessity of 50 merit points may be removed and 100% appointment may be ensured.
(b) For Compassionate Appointment of dependents of regular employees the binding of educational qualification of High School for wife/ husband of deceased may be withdrawn and instead if she/he is having class 8th qualification then he may be given appointment and after giving required training may be given regular MTS post.
(c) The ceiling to fill up 5% vacancies through compassionate Appointment may be removed and it should be made100%.
Item No. 14:
The pay ceiling of Rs. 3500 for payment for Bonus for 30 days may be changed and enhanced to minimum wage of Rs. 10,000/- after 6th CPC.
Item No. 15 :
Revision of wages of casual & part time casual workers as per 6th CPC recommendations may be issued before 31st July, 2012 as promised over representation of BPEF submitted during Sports & Welfare meeting dated 5-6-2012.
Item No. 16 :
Recoveries for minus balance in SB Accounts of consumer are being made from salary of concerned employee without comparing the entries from pass book of consumer. Necessary instructions may be issued to inquire entire matter in comparison with entries in pass book and then recovery of the lapses can be made.
Item No. 17: GDS related issues:
(a) Duty of 7.30 hours may be ensured to every GDS
(b) Ceiling for Bonus may be made equal to Regular employees.
(c) Medical facilities may be made at par with regular employees
(d) Pension under social security may be provided.
(e) Point system to access B.O. may be made practical and assessment of TRCA may be made after change.
Item No. 18: RMS related issues:
(a) Closed RMS sorting offices may be revived
(b) Hub centre system may be taken back
(c) In view of Heavy and bigger article under Logistic Post, EEP and other business activities every are sent through RMS section therefore every should have Mail van.
(d) Norms for Speed Post centers may be decided and incentives may be provided for SPCC work at RMS Offices as done in Postal Offices.
Item No. 19 :
Night duty allowance, Clothing allowance, Stitching Allowances and Washing Allowances may be increased three times.
Item No. 20:
Maintenance Staff Postal Operative office may be brought under control of Civil Wing.
( S.K. Mishra )
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