VIEWS ON THE REPLY TO IP CASE

Dear friends,

You may be aware that our CAT case regarding Grade Pay is posted on 14.01.2010. Respondents has given their reply to the Additional Rejoinder and copy of the same is uploaded for perusal.In the reply, Respondents have admitted that Pay scale of Inspector post was upgraded from Rs.5500-9000 to Rs.6500-10500 from 01.01.2006. Now the respondents are defending by falsification of Documents as stated in Para 7 and many more places in the reply. It is stated that " .....due to issue of orders by Nodal Ministry on 13.11.2009, extending the benefit of grade Pay of Rs.4600 to such posts, which were in the Pay scale of Rs.6500-10500 prior to 1-1-2006,  the Inspector in CBDT/CBEC could derive the benefit, and as the upgradation is only from 1-1-2006, the Inspector Posts could not be extended the same. ......"  

   The extract of the OM dated 13.11.2009 issued by the MOF is reproduced below

 ".....Consequent upon the Notification of CCS (RP) Rules, 2008, Department of Expenditure has received a large number of references from administrative ministries / departments proposing upgradations of the posts which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 by been granting them grade pay of Rs.4600 in the pay band PB-2. The matter has been considered and it has now been decided that the posts which were granted the normal replacement pay structure of grade pay of Rs.4200 in the pay band PB-2, will be granted pay of Rs.4600 in the pay band PB-2 ...."

                  Hence it is clear that Department is trying to defend without having any justification for the same. We have already    submitted all the annexures including OM dated 13.11.2009 of MOF. As the case is posted on 14.01.2011, your comments on the reply by the Dept., is requested.  Hoping all your cooperation.

With regards,

Permanand

Views of CS Punjab to the reply filed by department are as under. Others are requested to provide their valuable comments on blog for grade pay hike.

The reply to para 5 of additional rejoinder apparently has either been drafted by Ministry of Finance or while vetting the reply MOF has defended the pay scale they gave to the analogous post under their control rather than reflecting their wrong doings and injustice they have done to IPs by ignoring this latent cadre. It will be juvenile to say that the nodal Ministry OM dated 13.11.2009 provided for granting the GP of Rs 4600 to such cadres which were in the pay scale of 6500-10500 “prior” to 1.1.2006 and the inspectors CBDT/CBEC by virtue of orders dated 21-04-2004, got the benefit. This is totally misleading as 6^th pay commission has not used PRIOR word in its report rather the Sixth Central Pay Commission has recommended merger of pre-revised pay scales of Rs.5500-9000 and Rs. 6500-10500 with a view to bring Inspector Post at par with Inspectors in CBEC & CBDT as well as Assistants in CSS and this has also been accepted and implemented by the Govt. and all inspectors were placed in the GP of Rs.4200/-. As three scales have been merged and given GP of Rs.4200/-. IPs virtually have been placed in lower scale of 5000-8000 in which many cadres of DOP are functioning to whom IPs are given responsibility to supervise. Nobody is telling and following the fact that Vth CPC had also laid down a principle that the pay of Supervisor must be higher than the employees being supervised. 

It is the established fact that Inspectors in CBEC & CBDT took the disparity and anomaly in their pay scales that arises after 5^th and now 6^th pay commission with their respective Ministry/departments. After negotiation, litigation and struggle the inspector in CBEC & CBDT get upgraded pay scale from the Government at belated stage both the times & even without referring to any apex body. Unfortunately the above grant of replacement in scale was not done in the cadre of Inspector Post and left the issue to be decided by other Ministries.

Para 8 of the reply is absurd as ASP and IPs have similar nature duties. Till today no higher responsibility or duty has been bestowed to ASPs and no separate duty has been defined for them. Even after conferring Gazetted status no higher responsibility has been given to ASPs apart from change of the disciplinary authority. In this para again on the one side respondent has contended that the association of the applicant has given consent for merger of two cadres which is stated not practically feasible and on the other side it is given that merger proposal is under detailed examination of the department. It needs to be seen if it is after thought to side track the real issue as was done in Banglore OA when department was able to get our case referred to the 6^TH pay commission.    

STEPPING UP OF PAY LETTER ISSUED

This posting on the Punjab blog is dedicated to 2004 batch IPs whose pay has been fixed wrongly by account line people. The below mentioned letter issued by Pay Commission Cell of our Directorate is a lesson for those who hoist objections only for depriving the legitimate rights of deserving employees. It is an additional cover to set right the anomaly. CS Punjab has already taken up case with CO/RO for correct fixation of pay under Rule 11 (i) of CCS (RP) Rules 2008. Punjab blog has received queries from Mr. Raj of Maharashtra and Mr. Chandar of MP. The  option mentioned in the letter was given to them through blog and now below letter is supportive to them.

BE POSITIVE! Now  IPs will definitely get GP of Rs.4600/= for which I am very much confident. This I am saying after a brief talk with our General Secretary who was very enthusiastic from the response he is receiving from other quarters.     

No. 1-9/2010-PCC

Government of India

Ministry of Communications & IT

Department of Posts

Pay Commission Cell

Dated 05.01.2011

To

 All Heads of the Circles

Subject: - Stepping up of pay of the promotee senior with direct recruited junior appointed on or after 01.01.2006

            This is regarding stepping of pay of promote senior with reference to direct recruit junior appointed after 01.01.2006.

2.         The issue was examined in this office and referred to Ministry of Finance for clarification. Ministry of Finance Department of Expenditure Legal Cell vide U.O. No. 18/28/2010-Legal dated 29.12.2010 has clarified that the stepping up of pay of the promote senior with direct recruited junior appointed on or after 01.01.2006 may be agreed to subject to fulfillment of the following conditions: -

(a)       Stepping up of the basic pay of seniors can be claimed only in the case of those cadres which have an element of direct recruitment and in cases where a directly recruited junior is actually drawing more basic pay than the seniors. In such cases, the basic pay of the seniors will be stepped up with reference to the basic pay of the directly recruited junior provided they belong to the same seniority list for all purposes.

(b)       Further, government servants cannot claim stepping up of their revised basic pay with reference to entry pay in the revised pay structure for direct recruits appointed on or after 01.01.2006 as laid down in Section II of part A of First Schedule to the CCS (RP) Rules, 2008, if their cadre does not have an element of direct recruitment or in cases where no junior is drawing basic pay higher than them.

(c)        Stepping up of pay of the seniors in accordance with the present advice of this Department shall not be applicable in cases where direct recruits have been granted advance increment at the time of recruitment.

3.       The issues prevailing in the Circle may be decided as per above clarifications.

Sd/-

(Surender Kumr)

Assistant Director General (GDS/PCC)

INDUCTION TRAINING FOR IPs

The induction training for 2009 batch Insepctor Posts will be commenced from 07-02-2011 to 07-05-2011 for a period of thirteen weeks at a stretch. The field training for one week is to be conducted by concerned circle after institutional training. The candidates will have to report at PTC Saharanpur on 06-02-2011. Four seats have been allotted to Punjab Circle. Following candidates are in waiting.

1. Sh. Rajesh Sethi of Ludhiana
2. Ms Neetu of Ludhiana
3. Sh.Tajinder Pal Singh of Ludhiana
4. Sh.Alok Kumar of Ludhiana

CWC NOTIFICATION

NOTIFICATION

No. AIAIPASP/CWC/2010 Dated 30.12 .2010

Under the provisions of article 30 of the Constitution of All India Association of Inspectors and Asst. Superintendents Posts, it is hereby notified that a meeting of the Circle Working Committee of the Association will be held on Sunday, the 30th January 2011 at 11.00 hrs in the Head Post Office building Amritsar.

The agenda for the meeting are as under:

1. Confirmation of the proceedings of the last CWC.

2. IPs Grade Pay issue.

3. Restructuring of IP cadre

4. Postmaster Cadre Issue.

5. Review of internal activities of the Circle Branch Association.

6. Chalking out agitational programme in view of CHQ decision to do so.

7. Any other item with permission of the Chair

All office-bearers and CWC members of the Association are requested to attend the said meeting in time. Members of AIAIASP who are neither office-bearers nor CWC members but willing to join the CWC meeting (without the provision of special CL) are also welcome to attend the CWC meeting as invitees. All such members are requested to inform Sh. Vikas Sharma IP Amritsar or Sh. Nitish Kumar Manager NSPC Amritsar so that proper arrangement to avoid last time rush could be ensured.

Sd/-

(Hari Mohan)
Circle Secretary

Copy to:

1. The Chief Postmaster General, Punjab Circle, Chandigarh for kind information. Necessary orders may kindly be issued to all concerned for grant of special casual leave to office bearers and CWC members as per the enclosed list.

2. Sri Roop Chand, General Secretary, All India Association of Inspectors & ASPs, CHQ, New Delhi for kind information.

3. Sh. S.K Sharma President of the Association.

4. All office-bearers and CWC members.

5.Sr.Supdt. of Post Offices Amritsar Dn. Amritsar for information.

5.The Sr. Postmaster, Amritsar  for kind information. He is requested to spare the accommodation in the HPO building for CWC meeting on 30.01.2011

VOICE OF IPs REACHED DTE.

To
Ms. Radhika Doraiswamy

Director General

Department of Posts

Dak Bhawan

New Delhi 110001

No.CHQ/IPASP/SCPC dated 23-12-2010

Sub: Protest against the indifferent attitude of the Department towards upgradation of Grade Pay from Rs 4200/- to Rs 4600/- for Inspector, Posts.

Ref:- Postal Directorate No. 4-12/2009-PCC dated 22-03-2010

Respected Madam,

The Central Working Committee meeting of the Association was held at Ambaji (Gujarat) on 16th and 17th December 2010. During the meeting, the CWC registered its concern towards to the inordinate delay in processing the demand of the Association for higher grade pay to IP on par with inspector cadre in other Central Government departments/ministries. While all other Departments/Ministries show positive action towards their inspectors, the DOP is alone showing a negative approach on our cadre. All Inspectors and Assistant Superintendents Posts are very much aggrieved and frustrated due to the inaction and indifferent attitude of the Department of Posts towards this cadre

2. The department kept on telling the phrase “maintaining parity with other inspectorial cadre” whenever we demanded justified higher grade pay for IP & ASP. Now Inspectors and analogous cadres in other departments/ministries have been granted the higher grade pay of Rs 4600/- unilaterally after implementation of VI CPC. Such type of unilateral increase in pay scale was noticed in other departments/ministries in respect of their Inspectors after implementation of the past many CPCs. When we demand parity, the department in collusion with MOF is speaking entirely a different version. During discussion with DOP on this issue, we were informed that the cadre of ASP (Which is not in existence in other departments/ministries) is an impediment to implementing higher grade to IP. If that is the case, this Association is ready to go for merger of both the posts IP and ASP. The issue of merger of posts of IP and ASP with single Grade Pay of Rs.4600/- was discussed at a length during the course of General Body meeting in the All India Conference of the Association held at New Delhi on 03.04.2010 and 04.04.2010. The Association had come out with a proposal of merger of the posts IP and ASP and detailed discussions took place between the representatives of the Association and DDG (Estt.) on 05.04.2010. The department was convinced about the justified GP of Rs 4600/- on the merged post. Reminders were given to the DOP on 24-06-2010, 09-08-2010 & 07-09-2010 but no action has been taken by the Department till now and it has become the prime grievance of the Association. We also took up this issue in the agenda for periodical meeting on 27.08.2010 but DOP has not fixed date and time for holding of the same so far.

3. Association gave its proposal in writing for merger of the posts of Inspector, Posts & Assistant Superintendent, Posts and designating the merged posts as Inspector, Posts or Assistant Superintendent, Posts as may be decided by the Department but retaining the Gazetted status to the existing incumbents in Assistant Superintendent, Posts grade till their promotion / retirement.

4. If the DOP felt problem in merger of the posts IP and ASP, the CWC was agreed unanimously and came out with an alternative proposal of merger of the post ASP with PS Group B with a Grade Pay of Rs.4800/- with effect from 01.01.2006. As both the posts are Gazetted Group B & difference of Grade Pay is only Rs.200/-. This Association urges upon the DOP to consider merger of the post of ASP with the post of PS Group B with a Grade Pay of Rs.4800/- and in that case the senior will be holding the charge of Division/Office.

5. In case no positive action is forthcoming, the CWC of the Association after a detailed deliberations and discussions has come out with the following proposal: 

“It is unanimously resolved that the Department must meet out the above demand within one month time frame. The CWC with one voice decided that, if no decision is taken by the Department, the Association has no other option except to proceed on with a direct action (Trade Union action) after 31.01.2011. In such circumstances, the responsibility of any adverse effect on services will rest with the Department”

An early result oriented action is requested.

Yours sincerely,

(Roop Chand)

General Secretary

PAY FIXATION CASE OF IPs TAKEN UP WITH CO/RO

To

Mrs. Ranju Prasad

Postmaster General

            Punjab Region,

            Chandigarh-160017

Sub:     Revised pay fixation under rule 6 of Central Civil Services (Revised Pay Rules, 2008)

Respected Sir,

1. I intend to bring to your kind attention one of the areas, where justice is denied while fixing the pay of Inspectors promoted after 1-1-2006. 

2. In this connection, attention is invited to Ministry of Finance as contained in OM No. 7/14/2010-E.III (A) dated 05.07.2010 which, interalia, provides that employee has the option of fixing their revised scale of pay on and or any date later than 01.01.2006 as beneficial to the individual. These instructions from Ministry of Finance says that if official opts to draw pre-revised pay until he earned his increment or subsequent increment, the pay of the official is to be revised from the later date and to be fixed under Rule 11 (i) of CCS (RP) Rules 2008.

3. In Punjab Circle IPs of 2006 batch have accordingly opted for the revised pay from the date later than 01.01.2006 by foregoing the arrears of difference of revised pay from 01.01.2006 to the date of fixation. As per decision of GOI, the employees have the option even to revise their initial option upto 31.12.2010. Since the effected official of Punjab Region were drawing the pay scale of Rs.5500-175-9000 on the date with basic pay as Rs.5500/- without earning any increment in the old scale official so they all opted to remain in the old scale as on 1.1.2006 and get fixation from the date beneficial to them. But unfortunately accounts line officers of Punjab circle are not adhering to these instructions resulting in peculiar and recurring loss to beneficiary.

4. Whereas, other circles like UP has also fixed the pay of similar category of posts after taking the option of the official to get their pay fixed at the later date than 01.01.2006 taking into consideration that they were having basic pay of Rs.5500/- on the day of option.

5. In this context, I would like to quote the example of Sh. Satinder Singh SDI Patti who as per Ministry of Finance instructions has exercised his option under the above provisions. Accordingly his pay should be fixed as 5500 X 1.86 = 10230 + 4200 = 14430 as on 16.01.2006 but instead his pay has been fixed at Rs. 9300+4200(G.P) =13500/- i.e at the minimum of pay band. 

6. In view of above, it is requested that his case may be got examined afresh and instructions may please be issued to concerned office to fix the pay of Inspector Post Cadre as per new instruction as contained in MOF OM No. 7/14/2010-E.III (A) dated 05.07.2010.

                        With Regards

Yours Sincerely,

(Hari Mohan)

CHQ TAKES UP POSTMASTER CADRE ISSUE

PUNJAB CIRCLE WAS GIVEN THE RESPONSIBILITY TO DRAFT PROTEST LETTER ON INTRODUCTION OF POSTMASTER CADRE. ACCORDINGLY DRAFT WAS FORWARDED TO OUR GS WHO HAS SUBMITTED IT TO DG(POST) AFTER SOME AMENDMENTS. THE SAME IS REPRODUCED AS UNDER:

To
Ms. Radhika Doraiswamy

Director General

Department of Posts

Dak Bhawan, Sansad Marg

New Delhi-110001

Sub: Introduction of Postmaster Cadre in Postal Wing.

Ref: Postal Directorate No. 4-17/2008-SPB-II dated 22nd November, 2010

Respected Madam,

The Department has issued the above notification introducing Postmaster cadre in Postal Wing. At the outset, we wish to place on record that we are not against to the introduction of Postmaster’s cadre but seek certain clarifications in the interest of our cadre and Department. The following are the few points which require immediate kind attention of the Department.It is perceived from the said notification that posts for different categories in the hierarchy are to be carved out only from the General Line posts and as such IP Line cadre should not have any cascading effect.

1. In view of para 5(VI) & 5(VII) of said notification, it is understood that all 116 posts of Sr. Postmaster grade presently held by IP Line officials are to be filled partly from HSG-I (General Line) and partly from IP Line officials. The officials in PS Gr. “B” & Sr. Postmaster grade would be eligible for induction in IPoS, Group “A” on the basis of a consolidated eligibility list. Both these paras of the notification are in gross violation of equality provided under Article 14 and 21 of the Constitution as different parameters have been adopted for promotion to Sr. Postmaster from HSG-I which is on the basis of promotion on the one side and IP Line which is through LDCE on the other side.

2. Furthermore, the demand of other trade unions to fill up 100% posts of Sr. Postmasters and Chief Postmasters only from officials of Postmaster cadre (HSG I General Line) is baseless and hence categorically refuted.

3. This Association would like to recall that hitherto also there were two separate cadres i.e., Postmaster Group B and Postal Superintendent Group B which were merged to form composite cadre called PSS Group “B”. Due to unification of two cadres, the General Line officials were allowed to share 6% of the total posts worked out after merger. In this regard, Gazette notification was issued codifying the recruitment rules and subsequently LDCE was introduced for 25% of the vacancies out of which General Line officials still enjoying the share of 6%.

4. Apparently the new proposal is only attempt to revive old pattern viz. Postmaster Group B and Postal Superintendent Group ‘B’ as two independent cadres. This whole process of notifying the introduction of separate cadre of Postmaster has been done by the Department without consulting our Association. Resultantly, there is resentment and confusion in the Inspector, Posts cadre which is otherwise also directly or indirectly affecting the efficiency of the Department.
5. Now, since Directorate has issued notification so it would be only fit and proper if no further share from 649 posts presently held for promotion by non selection against 75% quota is allowed. However, Department may fill up 75% Sr. Postmaster posts from 165 (19% of total 866 PSS Group "B") posts presently allotted for promotion by LDCE for IPs and 25% of 52 (6% of 866) posts presently kept reserved for promotion for General Line officials. In this event, even Department will not have to call for options from IP Line officials working in PS Group "B" cadre and they can be easily adjusted and posted as Sr. Postmaster on 116 posts for which Department is also very much inclined.
6. 25% of vacancies in Senor Postmaster grade have been earmarked for HSG I (General Line) officials through promotion. Hence, recruitment rules of PS Group B cadre may be modified and provision may be made in the recruitment rules of PS Group B that 6% of total posts to be filled on the basis of same Departmental examination from General Line officials with 5 years regular service in LSG and above shall be reduced to the extent of number of posts occupied by the General Line officials in Senior Postmaster grade in Postmaster cadre.
7. In some Circles, Chief PMsG have identified posts of HSG I of IP Line for Postmaster Grade III which is in violation of the instructions contained in notification ibid. For the present 141 posts of HSG I Postmasters are earmarked for the IP Line officials which are part of promotional avenue for the Inspector, Posts. Order issued by the Department on formulation of Postmaster cadre is silent on the issue as to how these 141 posts will be retained for IP Line. The Association urges the Department to consider this issue and issue orders immediately that these 141 posts of IP Line remain in subordinate capacity in HSG I for IP Line officials.
8. It will be in the betterment of things if a meeting is arranged to discuss the issues concerning Inspector, Posts cadre. Until and unless this is done, the effects will lead to confusion resulting in resentment, frustration in the already depressed and ignored Inspector, Posts cadre.

Yours Sincerely,

(Roop Chand)

General Secretary