BPEF/ Pre-exercise / Strike notice/ Industrial harmony /2013 Dated: 23-12-2012
To
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
method- regarding.
Respected Madam,
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:
Yours sincerely,
(S.K. Mishra)
Secretary General
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 .
Brief Note:
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.
Brief Note:
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.
(v)
(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 )
Secretary
General
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