Thursday, January 19, 2012

MINUTES OF STRIKE SETTLEMENT DATED 12.01.12



Copy of Department of Posts circular No. 8/15/2011-SR dated 16-01-2012

Subject: Notice of indefinite strike w.e.f. 17-1-2012 served by Postal joint Council of
              Action – Minutes of the meetings taken by Secretary (Posts) / Postal Services
              Board with the Postal Joint Council of Action on  10-01-2012 and 12-01-2012 in
              Dak Bhawan.

            Pease find enclosed minutes of the meetings taken by Secretary (Posts) / postal Services Board with Postal Joint Council of Action on 10-01-2012 and 12-01-2012  for information and necessary action.

2.         It is requested to take necessary follow up action urgently under intimation to SR Section.

Encls: As above

Sd/-
(Subhash Chander)
Director (SR & Legal)


Minutes of the meetings taken by Secretary (Posts) with Postal Joint Council of Action (PJCA) on 10-01-2012 on the charter of demands served with notice of indefinite strike with effect from 17-01-2011.

            building, as pointed out by the staff side.

(g)        Non supply of balance statement every year to officials covered under In continuation of the meetings taken by respective Members of the Postal Services Board on 27-01-2012 with the Postal Joint Council of Action (PJCA) and in review of the follow up action taken on various issues raised in the charter of demands, Secretary(posts) took a meeting on 10-01-2012 starting at 11.00 hrs in Dak Bhawan. A list of officers and office bearers/members of PJCA  who attended the meeting may be seen at Annexure-I. The meeting started with welcome address of Secretary (Posts) and thereafter the issues raised in the charter of demands were taken up and the jist of discussions held during the course of the meetings is as follows:-

1(a) Mail Network optimization project

.           Attention of the staff side was drawn to the relevant part of the minutes of the meeting taken with PJCA on 27-122011. Besides with reference to the concern expressed by the staff side in the matter of high percentage of “Returned to Sender” (RTS) mail under Speed Post BNPL Scheme, the staff side was informed that th4 existing provisions of the IPO Act do not confer any authority on the Department to charge from the customer in RTS cases. However the new tool under the project has enabled the Department realize the high instances of RTS mail and take up the issue with such customers. It was also informed that in order to address the problems relating to back routing of Speed Post, recently 21 new intra-Circle hubs have been created.

            With respect to the proposed network redesign for the first class mail in terms of L1 and L2 mail offices, the Chairperson informed that the Project seeks to streamline core mail operations, expedite processing of mail and increase mail and parcel traffic. The Chairperson assured that L2 mail offices will not be closed for the next three years. The present status of L2 mail offices in metro cities (other than those in Delhi & Kolkata where AMPCs are under installation), will not change for the next two years. When AMPCs will be installed in these cities, the matter relating to consolidation of mail offices will be discussed with the staff side. The staff side expressed their reservations about the proposed implementation plan for First Class mail and also the installation of AMPCs in terms of its impact on closure of mail offices and transfer of staff and also declining mail traffic in future. It is assured that a review will be undertaken after two years.

            On the issue of change of administrative jurisdiction over Speed Post Centres / Sorting Hubs, the staff side was informed that instructions were issued , it is ascertained that 53 out of 87 Sorting Hubs are already functioning under the administrative control of an RMS Division. Proposal for change in administrative jurisdiction from Postal to RMS Division has been received from MP Circle in case of two Sorting Hubs, which will be examined. Heads of circles have already been addressed to decide the issue based on local operational requirements.

1(b) Closure /merger of post offices
           
The staff side drew attention of the Chairperson to the variance that existed between what was minuted as a result of discussions held in June/July 2011 and what has been circulated amongst the Heads of Circles vide letter  No. 40-6/2011-PLG (Pt) dated 25.8.2011. The contention of the staff side was closure of post offices to which they cannot agree. The matter regarding rationalization of postal network was discussed. Staff side agreed that post offices may be shifted  in cases of litigation and poor condition of buildings. Staff side also agreed that closure of post offices should be accompanied by simultaneous relocation of the same to other areas. However, the staff side state that there should not be temporary merger of post office. The matter was discussed and it was agreed that there was a need  for rationalization of postal network. Instead of resorting to temporary merger of post offices, Circles will identify areas where new post offices are required and relocate. As for those post offices that do not meet the norms and do not have sufficient work and cannot be relocated, Circles will submit a report to the Directorate for examination.

1(c)      Norms for CRC, EPP and Logistics will be examined separately.

2(a)      Grant of Central Civil Service Status to Gramin Dak Sevaks.

            Attention of the staff side was draw n to relevant portion of the minutes of the meeting held on 27-12-2011. Further as recorded in the minutes of the meetings held in June/July 2011, it is not within the competence of the Department of Posts to take a view in the matter. In the matter of scrapping the new recruitment rules for promotion of Postmen, the staff side was explained the view point of Department of personnel and Training regarding prescribing some minimum quota of direct recruitment element, all recruitments to be made at the level of either MTS  or Postmen, and was asked to give suggestions in the light of the above for further consideration by the Department.

2(b)      In the matter of enhancement of bonus ceiling of Gramin Dak Sevaks to Rs 3500/- the staff side was apprised of the position as reflected in the minutes of the meeting held on 27-12-2011. it was further made clear that as per decision taken in the meeting held with the staff side earlier , the matter was examined in consultation with Integrated Finance Wing where it failed to find favour. However, another attempt will be made to send the case for approval of Finance Ministry.

2(c )     The issue of withdrawal of upward change in norms for cash handling etc. was decide to be relooked into, as per minutes of the meeting held on 27-2-2011. Further the issue of stopping reduction of TRCA in case of reduction of work load will be reviewed in the light of decision taken on the issue of norms for cash handling.

2(d)     Compassionate appointment of GDS

            The system of awarding marks for making compassionate appointment in case of GDS will be examined in the light of the proposal given by the staff side.       

2 (e)     Filling up of GDS Mail Men posts in RMS

            As recorded in the minutes of the meeting held on 27-12-2011 the feasibility off redeployment of mail men posts in new areas eg. Employment ion IAP areas will be examined.

            The staff side desired the following issues to be examined:

(a)        Supply off chappal (b) repairs/replacement of fans  (c) review of cash conveyance allowance. (d) providing norms for RPLI. It was agreed to look into these.

3.         Revision of wages of casual laborers etc.

The staff side is apprised that a committed had been constituted under the Chairpersonship of CPMG Assam Circle to look into all the issues pertaining to casual labourers, and it is likely to submit its report shortly. The staff side was advised to give additional inputs, if any, to the Committee which would be taken into account whil4 finalizing the recommendations. The staff side expressed its concern over the delay in decision regarding the union’s request for revised minimum wages w.e.f. 01-01-2006. The matter will be examined on priority.

4.         Revision of OTA rates


As recorded in the minutes of the meeting held on 27-112-2011, it was decided to examine the proposal keeping in view the OTA rates that are being observed in the Ministry of Railways and Ministry of Defence. The operational requirements of the Department were highlighted by the staff side which were duly appreciated during the discussions. In the matter of punishment of officials due to non performance of OTA duty, earlier instructions of the Department were reiterated on 09-01-2012 and the staff side was supplied a copy off it. Regarding waiver of recovery of OTA already paid, it was agreed to re-examine the same.

5.         Implementation of assurances made on 12-07-2011

            The following issues were discussed in the meeting:

(a)        Counting of special pay to PO and RMS accountants by implementation of judgment of High Court of Karnataka.

            The judgment of High Court of Karnataka in the matter of treating special allowance for fixation of pay etc. was quoted by the staff side with a requester not to file an SLP in the matter particularly when the Ministry of Law and Justice opined against it. The staff side was informed of the action taken in the matter in the form of calling for relevant information from the circles to be examined in consultation with the Integrated Finance Wing.

(b)        Restriction on tenure postings in single/double handed Post Offices

            The staff side was informed that an order relaxing the restrictions in the matter
referred to above is under issue.

©         Grant of special allowance to unqualified Accountants;

            It was informed that instructions already exist on the subject which would be got reiterated.

(d)       Protection of pay of defunct PO and RMS Accountants

            The staff side requested for extension of benefits as decided in the case of Natha Singh Punjab circle. It was agreed to circulate the clarification given to Punjab Circle to the remaining circles also.

(e)        Discontinue the fidelity Bond to SPM/Treasurers

            The matter be looked into.

(f)        Arbitrary and forcible allotment of staff quarters

            The view point of the staff side was well taken. It was informed that the information regarding vacant staff quarters lying in various circles had been called for in the light of which policy guidelines will be formulated covering interalia forcible allotment of quarter including post attached quarters especially where such post attached quarters is outside the premises of the post office NPS.

            The contention of the staff side was that the issuing of the balance statement to officials covered under New Pension Scheme was not being attended to with the result that they are not awar4e of details of their credits etc. The staff side also mentioned that in the earlier meeting, the Department made a commitment to start issuing balance sheet by 31-03-2011. In this context, the staff side was apprised of the issue of a password to the members of the scheme which would enable them to approach the main server for this purpose. Further instructions will also be issued for issue of balance statements to all members of the scheme.

(h)        Enhancement of financial powers LSG, HSG2 and HSG1.

``          The matter is under examination.

(i)         Recovery of over payment on account fixation of pay, and allowances to Postmen/bonus to GDSs.

            The view point of staff side was that recovery should not be made from the salary of APM Accounts/Accountants due to over payment made to Postmen in the process of implementation of Fifth Pay Commission recommendations. The staff side however contended that the Department should have filed an SLP against the judgment of high Court to avoid making recoveries from the salary of APM Accounts / Accountants. Stressing on the point of making recoveries from Postmen’s salary who got over paid, it was stated that in case it was not possible, the excess paid amount should be got written off.

            The staff side apprised the secretary that huge amounts are being recovered from Accountants/APM Accounts and , therefore, requested her to decide the cases from humanitarian angle. Secretary assured that the matter will e examined in Directorate.

(j)         Honorarium for invigilators engaged in Departmental Examinations.

            The matter is already under process for considering enhancing the honorarium.

(k)        Allowing the physically handicapped candidates for appearing in IPOs examination.

            The staff side was informed that the matter has been taken up with the Ministry of social Justice and Empowerment the nodal Ministry for the purpose. All information required by the nodal Ministry has been supplied and the matter is being favorably considered.

(l)         Grant of cash handling allowance to PO Treasurers at par with Cashiers and the grant of allowance to all irrespective of their position in MACP.

            The matter regarding bringing Treasurers at par with Cahiers will be examined. As regards payment of cash allowance to Treasurers irrespective of benefit extended under MACP, the issue has been the subject matter of a Committee appointed for examination of various allowances in the Department and report of the Committee is under examination.

(m)       Holding of Departmental Council (JCM) meetings.

            The staff side was a assured of holding of timely Departmental Council(JCM) and periodical meetings. It was decided that the meetings would be held regularly beginning Februar4y 2012. The staff side made a suggestion for having a standing committee meeting before holding of the Departmental Council meeting and the suggestion was agreed to. The meeting of the standing committee will be held prior to the Departmental Council meeting (JCM).

            It was agreed that a DO letter from Member (Personnel) will be sent to till Circles Heads to ensure prompt holding of JCM Regional  Council and other periodical meetings such as Four-monthly, bi-monthly and monthly meetings at Divisional level.

6.         Immediate finalization of cadre restructuring.

            As recorded in the minutes of he meeting held on 27-12-201 the proposal is under consideration of a Committee under the Chairmanship of DDG(P). The staff side expressed their concern about undue delay in finalization of the proposal on which the Chairperson desired finalization of this process by 31st March 2012. It was assured that the time lines would be adhered to. As regards restructuring of Postal Accounts officials, it was informed that the proposal was cleared by JS&FA and stands referred to Secretary (Posts). It was also decided to have a separate committee under the Chairpersonship of Ms. Sandhya Rani, PMG(BD), Andhra Pradesh Circle with Director (MV) as the other official member and S/Shri Giriraj Singh and D. Theagarajan as staff side members, to consider cadre restructuring of MMS Staff. The Committee will submit its report within three months from the date of formation.

7.         Decentralization of PLI/RPLI etc.

The staff side was explained in detail about the competition being faced by the Department in the field of PLI/RPLI and the benefits that will be derive by  decentralizing the functions. The staff side expressed their apprehension about relocation of staff due to the process of decentralization. Member (PLI) explained as to how the role of DPLI was going to be redefined by making the job more productive and the fact that job descriptions for each category of staff had been worked out and the staff of PLI will play an important rule in increasing the business and providing after sale service. The request of the staff side to permit the Circle/Regional office branch of PLI to accept, process and service the policies relating to their Headquarter cities where they were located was accepted to. .

            The issue relating to payment of incentive, instead of honorarium, will be examined by CGM PLI as it forms a part of Charter of Demands. It was assured that all the officials deputed for PLI/RPLI work to RO/CO from Divisions will be repatriated immediately.

8.         Filling up of all vacant posts including GDS Posts;

The staff side was informed of the mass scale recruitment of regular employees made in the year 2010-11. The staff side was further apprised of the suitable instructions regarding filling up of GDS posts issued by the Department vide letter No. 17-103/2007-GDA dated 17-02-2011. The instructions were reiterated vide letter of even number dated 06-01-2012. In regard to the proposal of the staff side to red employ of 2/3 post for the period up to 2008 kept in skeleton, it was informed that the posts were decided to be abolished by an Inter Ministerial Committee and hence it was not possible to redeploy the same.

9.         Ensure 100% filling up of LSG, HSG-2, HSG-I Promotional posts before implementation of Post Masters cadre. Eligibility of Post Masters cadre official for appearing in IPOs/PSS Group ‘B” examination as also the accounts line officials.

            The staff side was explained of the difficulty in filling up of HSGI posts on regular basis due to non finalization of revised rules of recruitment. It was also assured that the matter will be taken up with UPSC, to finalize the same on priority. As regards, filling up of LSG & HSG-II posts, the staff side was apprised that the instructions were issued to all the circles to fill up vacant post. This was subsequently followed up by a DO reminder from Member (Personnel) also. As regards, eligibility of officials for Postmaster cadre to appear in the IPOs/PSS Group ‘B” examination, it was decided to re examine the issue. The eligibility of Pos/RMS accounts officials for opting for Post Masters cadre will also be considered. As regards the eligibility of Postmaster Cadre Officers for officiating in HSG-I vacancies, it was agreed to examine the issue.

10.       Creation of a separate cadre for System Administrators.

The issue is a part of the subject matter being considered by cadre restructuring committee. The staff side explained in details the nature of duties of System Administrators which interalia include acting as a trainer and demanded for grant of travel allowance as per SR25 and Road Mileage in the event off their moving out of station and also trainers allowance. The committee has given its recommendations. Appropriate orders will be issued shortly. A separate cadre for System Administrators may not be viable. The Committee already set up for examining the cadre related issued will look into the demand for deciding their nature of duties.

11(a).   Combination of beats/double duty, stop harassment of staff by insisting on 100% delivery under Project Arrow etc.

            As a follow up of the minutes recorded for the meeting of 27-12-2011, the composition of the committee which was appointed to consider issues relating to Postmen was revised and an order to this effect was issued on 09-01-2012. The Committee has been given one month time to submit its recommendations. Next sitting of he Committee will be held on 16-01-2012 at 0300 PM..

            It is agreed that a DO letter will be sent by Member (P) to all Circle Heads to fill up all posts of Sorting Postmen, Mail overseer, Cash overseer and Head Postmen. Instructions will be issued to all Circles for timely payment of Speed Post incentive to Postmen staff.

11(b)    The staff side expressed their concern about supply of good quality uniforms and other kit items.

            The following decisions were taken in this regard:

(i)         A proposal will be sent to the Department of personnel & Training to revise the rates of uniforms, kit items etc, which were fixed in the year 2002.

(ii)        A clarification will be sought from the DOP&T on the rte of trouser cloth fixed at Rs 86 per metre and then linking it up with the DGS&D rate contract.

(iii)       Replacement of umbrella with rain coat for Postmen appeared to be justified and will be taken up with DO P&T.

12        Fixing norms for newly assigned work of Multi Tasking Scheme (MTS). Allow to decline Postmen promotion for MTS under seniority quota without loosing MACP promotion:

            The duties to be performed by MTS have been clearly defined by the Deptt. The issue of allowing MTS to decline promotion to Postmen cadre under seniority quota without loosing MACP promotion will be looked into.

13.       Grant of promotion to Drivers./Artisans at par with Railways/Defence.

The view point of the staff side was that MMS Drivers are plying heavy vehicles with more onerous responsibilities than staff car drivers and therefore they should be compared with drivers of the transport departments. The Chairperson agreed to examine the issue in details keeping in view the practice followed in. Ministry of Railways and Defence. State transport or any other Govt. department where drivers have to drive similar vehicles.

As regards artisans, the staff side was apprised of the sincere efforts already made by the Department in consultation with Ministry of Finance. The proposal did not find favour on the grounds that the cadre of charge had stands merged with that of Artisan Grad-I. However, it was agreed to have further relook into the issue relating to cadres of MMS within thre4 months.

14.       Declare SBCO staff as divisional cadre and stop harassment under contributory factors.

The existing system of transfer of SBCO staff for rotational transfer within the cluster of divisions will be reiterated. In exceptional circumstances Director HQrs, in consultation with AO/ICO(SB) may consider movement of officials outside the cluster. As regards the issue of recovery under contributory negligence factors such as SB minus balance, the proposal of the staff side to make efforts to recover the same from the defaulters in the first instance will be examined.

15.       Filling up[ of Civil Wing Posts.

            CE(Civil) was asked by the Chairperson to initiate urgent action to fill up all vacant posts. The staff side raised the question off lapse of a number of posts due to these remaining vacant for more than one year. CE(Civil) informed that the proposal for revival of all those posts was refereed to DDG(Establishment). As regards creation of new offices of  Civil Wing the staff side was informed that it would not be feasible.

            The demand for transfer of existing staff within the jurisdiction of the postal circle, the staff side was informed that there were very limited number of posts in Civil Wing and even out of these around 40% posts were lying vacant and therefore, it was not feasible to examine the proposal. However the position will be reviewed when all the administrative posts in the Civil Wing are filled up. The staff side brought to the notice of the Chairperson the need for restructuring of Civil Wing cadres and finalization of the pending rules of recruitment. It was agreed to pursue the same on priority.

16.       Functioning of Postal Accounts offices

The cadre restructuring proposal of the Postal Accounts Wing has already been submitted to JS&FA for further submission to by Secretary (Posts).

17.       Counting of past service as RTPs for promotion and MACP.

            It was explained to the staff side that DAP offices in Guwahati and Shilong, have been established. The question of providing facilities for the staff at Raipur will be looked into by DDG(PAF). As regards Uttarakhand an Jharkhand, the proposal will be examined after introduction of technology.

            The question of grant of Group ‘B’ Non-Gazetted  status to Senior Accountants will be considered as per the decision made by the other organized accounts cadres.

            It was agreed to take action on priority for filling up of posts in Postal Accounts Wing. The question of discrimination in promotion against the MTS officials to the cad rot LDCs after 2006 including the seniors in the Sorting cadre will be examined. The staff side was also apprised that at present there is no proposal to decentralize the Postal Accounts.

18.       Implementation of apex court judgment in case of relaxed Rules of Recruitment (RRR) candidates.

The judgment of the apex court has been implemented in letter and spirit which clearly stated that this should not be treated as precedent for the purpose of any other case or cases. In view of the above there is no further scope to reexamine the matter.

19        Stop victimizing under contributory negligence factor.

The Chairperson explained to the staff side that it would not be possible to issue any sweeping order in the matter as each and every case needs to be decided on its merits and the competent authority while disposing of the matter does take into account all the relevant factors including the involvement of the official and the appellate channels are available.

20.       Stop discrimination towards PO & RMS Accounts Cadre

It was decided to refer the matter to the committee constituted for cadre restructuring for examination. The issue of redistribution of LSG/HSG-II posts, taking date of passing the examination for seniority will be considered.

21.       Enhancement of LR strength.

It was not found possible to enhance the LR strength as demanded by the staff side as per the DOP&T instructions on the subject. The staff side pointed out that the existing 10% LR posts are remaining vacant in Postmen and MTS cadre. It is agreed to issue instructions to all Heads of Circles to ensure filling up of all sanctioned posts which are vacant.

22.       Ensure prompt grant off Child Care Leave.

Suitable instructions in this regard already stand issued. It was agreed to issue further instructions to all concerned.

23.       Review of MKACP clarificatory order and rectify the issues like non drawls of special allowance etc.

The issue was referred to the committee constituted on allowances. The committee has submitted its report which is under consideration in the Department. It was  agreed to issue the following clarifications;

(a)        Grant of MACP will not be deferred on the ground of contemplated disciplinary/vigilance proceedings.

(b)        Instructions on review of ACRs/APARs by screening committees will be reiterated.

©         Cases relating to declining promotion prior to issue of MACP order (prior to2009) would be examined and appropriate orders issued.

24.       Drop FR-17-D etc.

The staff side was apprised of liquidation of arrears in the matter of Rule 9 (Pension Rule) disciplinary cases with further clarification that all out efforts are being made to clear the pendancy. As regards imposing of FR 17A, the staff side was explained that the Departments instructions on the subject provide for invoking the said provision only in case of incitement, violence etc. The instructions were reiterated on 09-01-2012.

25.       Legitimate right to avail holidays etc.

            The staff side expressed their serious concern about deputing of officials at odd hours in the name of organizing melas etc. Instances were brought to the notice when officials were called as late as 8 to9 pm and 1.30 am for holding meetings/melas etc. special mention was made by the staff side about Karnataka Circle. It was agreed to call for a report from the Karnataka Circle based on which suitable action will be taken. The earlier Directorate order on this subject has been reiterated.

            In view of the detailed discussions held and decisions taken, the staff side was requested to call off the proposed strike.

            The meeting ended with a vote of thanks to the Chair.

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