Tuesday, 30 September 2014
Monday, 29 September 2014
Friday, 26 September 2014
Thursday, 25 September 2014
Mass gathering at Yogayog Bhawan on 25-09-2014
Congratulation to all of our union members for participating the Demonstration programme at Yogayog Bhawan on 25-09-2014 to make it's grand success.
Monday, 22 September 2014
Jointly (NUR Gr-C & D) demonstration programme at Yogayog Bhawan on 25-09-2014
A jointly (NUR Gr-C & D) demonstration programme will be held at Yogayog Bhawan on 25-09-2014 at tiffin hours under the banner of FNPO. All members of this union are earnestly requested to attend the demonstration programme at 13:00 hours at Yogayog Bhawan and to make it grand success.
Jointly (NUR Gr-C & D) Demonstration at Divisional Level
Tiffin hour demonstration programme of Gr-C, MG & MTS was held at Divisional Level (RMS 'H' Division, Kolkata RMS, Kolkata AP Stg. Dn, RMS 'WB' Division, RMS 'SB' Dn and MMS, Kolkata) on 22-09-2014 as per direction of Circle Union.
Saturday, 20 September 2014
Wednesday, 17 September 2014
Monday, 15 September 2014
Sunday, 14 September 2014
India Post launches a workbook on National Cleanliness Drive for staff and officers
To view presentation, please Click Here
Saturday, 13 September 2014
Circle Meeting
The Circle Working Committee meeting was held on 12/09/2014 at GPO Building with all CWC members and Divisional Secretaries of WB Circle to discuss the burning problems. It has been enormously decided in the meeting that one informal meeting will be held on 16-09-2014 (Tuesday) at 04:00 hrs at GPO regarding preparation of trade union movement at different Division including Circle Office.
Thursday, 11 September 2014
Conducting of Limited Departmental Competitive Examination for promotion to the cadre of Inspector Posts (66.66%) Departmental Quota for the year 2014 proposed to be held on 20th and 21stSeptember , 2014 and LGO Exam 2014 proposed to be held on 21st September,2014
The
undersigned has been directed by the competent authority to refer this office
letter No. Rectt/X-14/IOP Exam /2014 dated 11-06-2014 and letter No.
Rectt/X-13/LGO Exam /2014 dated 11-06-2014 wherein notification for holding
Limited Departmental Competitive Examination for promotion to the cadre of
Inspector Posts (66.66%) Departmental Quota for the year 2014 proposed to be
held on 20th and 21st September , 2014 and Limited
Departmental Competitive Exam for promotion of LGO to the cadre of PA / SA for
the year 2014 proposed to be held on 21st Septemberwere issued .
2. As per the Dte’s communication No. A-34012/04/2014-DE dated 09-09-2014 the
undersigned has been directed by the competent authority to
intimate that Outsourcing Agency , M/s CMC Ltd has intimated that
holding of the above mentioned
examinations on the scheduled dates is not feasible and Dte’s has also ordered
to postpone both the Departmental Examinations . The revised dates would be
intimated shortly.
3. This
should be widely circulated among all the candidates .
(K.
K. Rana)
Asstt.Director of Postal
Services (Rectt)
1)Amendment to CCS (Pension) Rules, 1972 – Notification regarding. 2) Consultation for Senior Citizens of general Public at CGHS Wellness Centres on Pilot basis . 3)Execution of Bond for availing Study Leave.
Click here to view
Click here to view
Saturday, 6 September 2014
Demonstration programme at RMS 'H' Dn.
A demonstration programme was held on 05-09-2014 jointly ( Gr-D & Gr-C) at Lunch hour in front of the SRM Chamber at RMS 'H' Division, Kol-4 i/c/w shortage of staffs at Sealdah RMS and to transfer staffs from Muffasil Unit ( Ranaghat RMS, Bh(B) RMS, Sainthia RMS) to HQ (Sealdah RMS) as per request register. The Circle Secretary,NURMS Gr-C was present and delivered his speech regarding this issue.
Rule about appeal for union activity
Government
of India’s Instructions
( 1)
Disciplinary
action against office bearers of staff Associations/Unions – The staff side in
the National Council (JCM) in its meeting held on 28/4/1990, has raised a point
that the administrative authorities in some cases take disciplinary action
against the representatives of the Staff for some minor lapses of technical
nature in their day-to-day work so as to victimize them for their activities as
the office-bearers of the staff Associations/Unions.
( 2)
The
Government servants who are office-bearers of the staff Associations are
subject to the provisions of conduct and disciplinary rules like all other
Government servants. However, if a Government servant feels that he is being
penalized for any act done by him which is directly or indirectly connected
with his position as an officer-bearer of an association, he can prefer an
appeal against such action directly to the president in terms of Rule 24(3) of
the CCS (CCA) Rules, 1965, bringing forth the reasons which may establish the
nexus between the disciplinary action taken against him and his activities as
office-bearer of an association. If the contention of an officer-bearer of an
association that his case is covered under the provisions of Rule 24 (3) ibid
is not accepted and his appeal is decided by some lower appellate authority, it
would still be open for the government servant concerned to seek revision of
his case by the President in terms of Rule 29 ibid.
(G.I.Dept of
Per.&Trg.O.M.No.35014/2/89-Estt. (A), dated the 10th October,
1990)
Service Union Ruling
No.
13026/4/2012-Estt.(L) the 18th February, 2014
OFFICE MEMORANDUM
Subject: Execution of
Bond for availing Study Leave under rule 53(4) of the CCS(Leave) Rules, 1972
-regarding
The undersigned is directed to state that
Government servants are allowed to avail "Study Leave" in terms of
the provisions of rules 50-63 of the CCS (Leave) Rules, 1972. The provisions of
rule 53(4) mandates for execution of a bond by the Government Servant who is
granted such leave in the relevant format prescribed for the said purpose i.e.
Forms 7-10 of the CCS (Leave) Rules, 1972.
2. The said Bond executed by the Government
servant requires putting in specified period of service after expiry of the
Study Leave as prescribed by provisions of rule 50(5) of the said rules.
3.
. It has come to the notice of this Department that the provisions of the
aforesaid bond are being circumvented and officers who have availed Study Leave
proceed on prolonged spells of leave due and admissible to them and thus do not
put in active service for the requisite period as indicates; in the bond
executed by them.
4.
In view of the above position, the provisions of the prescribed format of the
Bond have been reviewed in consultation with the Department of Legal Affairs
and it has been decided that the prescribed forms 7, 8. 9 and 10 of the CSS
(Leave) Rules, 1972 may be revised by incorporating a specific clause
confirming commitment of the Government servant to put in requisite active service
after expiry of the Study Leave. The copies of the revised formats are enclosed
herewith. The grant of Study Leave shall continue to be regulated in terms of
the relevant provisions of the rules as indicated in para 1 above. Ministry of
Home Affairs, etc are requested to ensure that the necessary Bond in respect of
grant of Study Leave under the CCS (Leave) Rules, 1972 may henceforth be
obtained in the revised formats.
5.
These orders are being issued after consultation with the C&AG of India in respect
of persons serving in the Indian Audit & Accounts Department.
6.
Formal amendments to CCS (Leave) Rules, 1972 are being issued separately
Sd/-
(Mukul Ratra)
Director (L&A)
Department of
Personnel &Training
F No.
42011/2/2014-Estt.(Res) dated the 13" February, 2014
OFFICE MEMORANDUM
Subject:
Representation of SC, ST, OBC, Minorities and the Women on Selection
Board/Committees.
The undersigned is directed to draw attention
of the Ministries/Departments to this Department's O.M. No.4201111511995-Estt(SCT)
dated 1lthhly, 1995. Para 2 provided as follows:-
“Para 2: In partial modification of the
above instructions it has now been decided that wherever a Selection Committee
Board exists or has to be constituted for making recruitment to ten or more
vacancies in Group 'C' or Group 'D' posts or services it shall be mandatory to
have one Member belonging to SCISTIORC and one Member belonging to Minority
Community in such Committees/Boards. Further, one of the Members of the
Selection Committees/Boards whether from the general category or from the
minority community or from SC, ST,OBC should be a lady failing which a lady
member should be co opted on the Committee/Board. It may please be ensured that
where the number of vacancies against which the selection is to be made is less
than ten no effort should be spared in finding SCISTIOBC officer, minority
community officer and a lady officer as explained in para (2) for inclusion in
such Comrnittees/Boards. "
2. The matter has been reviewed and in partial
modification of above instructions, it has now been decided that wherever a
Selection Committee/Board exist or has to be constituted for making recruitment
to 10 01. more vacancies in any level of posts or services, it shall be
mandatory to have one Member belonging to SCIST, one Member belonging to OBC
category and one Member belonging to Minority Community in such Committees/
Boards. Further, one of the members of the Selection Comrnittee /Board, whether
from the general category or from the minority community or from the SCISTIOBC
community should be a lady failing which a lady member should be co-opted on
the Committee Board. It may also be ensured that where the number of vacancies
against which selection is to be made is less than ten, no effort should be
spared in finding the SCIST, OBC officer and the Minority Committee Officer and
a lady officer, for inclusion in such Comrnittees/ Boards. -,
3. Similar instructions in Public Sector
Undertakings and Financial Institutions including Public Sector Banks will be
issued by Department of Public Enterprises and Ministry of Finance
respectively.
Sd/-
(Sandeep Mukherjee)
Under Secretary to FOI
Department of
Personnel and Training)
D
N0.41034/1/2014-Estt(D) dated-30.01.2014
OFFICE
MEMORANDUM
Subject:-
Action Taken on 62nd Report of the Department Related Parliamentary Standing
Committee on Personnel, Public Grievances, Law and Justice on the Status of
Women Government Employees, Service Conditions, Protection against
exploitation, Incentives and other related issues -regarding. ***
The undersigned is directed to refer to Para
20.1 and Para 20.2 of the 62nd Report of the Department Related Parliamentary
Standing Committee on Personnel, Public Grievances, Law and Justice wherein,
the Committee has drawn attention to extant instructions of the Government on
age relaxation for appointment of widows, divorced woman and woman judicially
separated from their husbands and who were not remarried allowing age
concession up to the age of 35 years (40 years for member of SCs/STs) for the
post of Group 'C' and erstwhile Group 'D' filled through SC/ Employment
Exchange and has directed scrupulous compliance of these instructions by all
administrative authorities.
2. The Department of Personnel and Training's O.M.
No. 15012/13/79- Estt.(D) dated 19.1.1980 provides that for purposes of
appointment to Group C and D posts under the Central Govt. filled through the
SSC and the Employment Exchange, the upper age limit in the case of widows,
divorced women and women judicially separated from their husbands who are not
remarried shall be relaxed upto the age of 35 years (upto 40 years for members
of Scheduled Castes/Schedules Tribes) by invoking the provisions in
the relevant recruitment rules, subject to
production of a certified copy of the judgment/ decree of the appropriate court
to prove the fact of divorce or the judicial separation, as the case may be
(provided through DoP&T O.M. No. 15012/1/82-Estt.(D) dated 06.09.1983) .
Further, this relaxation has been extended to Group 'A' & '0' posts except
where recruitment is made through open competitive examination vide DoP&T
O.M. No. 15012/1/87-Estt.(D) dated 05.10.1990. 3. All Ministries/Departments
are requested to bring these instructions to the notice of all concerned
including attached and subordinate offices for strict compliance.
- (Arunoday Goswami)
Under Secretary to the
Govt. of lndia
Min of Finance (deprtment of Economic Affairs)
No. 5(2)-B(PD)/2013 dated 12th nov, 2013
(Circulated vide DG Post No. 9-1/2008-F(Posts) dated 6-2-2014)
The undersigned is directed o state that the rates of interest
for advances sanctioned to the Government Servants for purchase of conveyance
during 2013-2014 i.e. from 02 April, 2013 to 31st March, 2014 are revised as under;
(i) Advance for
purchase of conveyance other than motor car (viz. Motor Cycle, Scooter
etc.) - 9% per
annum
(ii) Advance for
purchase of motor car - 11.5%
per annum
(AK Bhatnagar)
Under Secretary
(Budgets)
Subject:
membership of Association / Unions – regarding
I
am directed refer to this departments letter of even number dated 10th January, 2014 on the above mentioned
subject and to say that the instructions vide the above said letter relating to
change of their options by employees for membership once every April in each
year on a simple application stands withdrawn. In this connection, it is
reiterated that earlier instructions circulated by the Directorate on the
subject may be followed till fresh instructions are issued.
COMPILATION OFF INSTRUCTIONS ON TRADE UNION FACILITIES ADMISSIBLE
TO UNIONS/ASSOCIATION, RECEIVED FROM DEPARTMENT OF POSTS FROM TIME TO TIME FOR
THE INFORMATION OF MEMBERS OF UNION.
DG Post No. 10-1/2004-SR Dated 25 Jun 2004
Sub: Compilation of instructions on trade union facilities
admissible to unions/associations recognized by the department of Posts under
CCS(RSA), Rules, 1993.
I am directed to invite your kind attention to the Department’s
letter No. 10-9(A)/98-SR dated the 5th November, 99 vide which a
Compilation of instructions relating to union matters was forwarded.
2.
Some of the important instructions like treatment of the period of strike and
bandh etc. Were not included in the said compilation and it was felt that
inclusion of such like information in the compilation would make it more useful
and convenient for the users. Besides, in the wake of CS (RSA) Rules, 1993,
some developments took place in regard to recognition of Federations and in the
matter of switching over of members from one union to another and it was
considered essential to bring these instructions also in the compilation.
Efforts have been made to correlate the instructions having a bearing on the
same subject, which were earlier scattered.
3.
It is hoped that this compilation would serve as a useful hand-book for dealing
with Unions matters at different levels. Any error / omission noted in the
compilation may please be brought to the notice of the undersigned for taking remedial
course of action.
Sd/-
(Subhash Chander)
Director(SR)
COMPILATION OFF
INSTRUCTIONS ON MATTERS CONCERNING SERVICE SSOCIATIONS, DEPRTMENT OFF POSTS
I.
RECOGNITION
1.
Recognition to Service Associations representing Departmental Employees in the
Department of posts is granted under the CCS (RSA) Rules, 1993.
2.
The verification process for the purpose of recognition is conducted through a
check-off system which is carried out in the Department once every two years in
terms of Department of personnel & Training (DOP&T) OM No. 2-10/80-JCA
dated 31stJanuary, 1994. Consequently recognition granted to all
eligible associations is also valid for 2 years, after which
re-verification process determines their future status. All Service
Associations recognized or otherwise, have to apply afresh for participation
after every 2 years, for the purpose of seeking recognition. Each Service
Association in the Department has to operate under one of the 15 distinct
categories of Departmental Employees enlisted at Annexure – I and as specified
by the Department vide letter No. 13-1/93-SR dated 10.8.94, OM No. 13-1/93-SR
(Volume II) dated 29.11.95, No. 13-14/96-SR dated 15.10.96, No. 13-22/98-SR
dated 19.02.99, No. 13-30/98-SR dated 28.06.99.
Note:
As per instructions issued vide DOP&T’s OM No. 2/13/98-JCA dated 11th February, 2002, the periodicity of
re-verification process for the purpose of Recognition has been increased from
2 to 5 years. Since the matter of verification process in the Department of
Posts is subjudice, the above instructions have not yet been brought into
effect.
3.
As a general rule, the Service Associations are granted Recognition on All
India Basis i.e. All India bodies are recognized. The All India Associations so
recognized may form branches at Circle, Divisional and local levels subject to
grant off permission by this Department and as provided in their constitutions,
which have to be duly approved by the Government. The branches so formed are
entitled to get union facilities s per instructions on the subject from time to
time. No separate orders extending union facilities are required to be issued
from this Department for each newly opened branch at lower level.
4.
The union facilities herein mentioned are admissible to the recognized Service
Associations only, unless specifically relaxed in favour of the non-recognized
Service Associations.
5.
The terms and conditions under which the Service Associations re recognized are
enumerated at Annexure-II.
6.
A uptodate list of the recognized Service Associations is appended at
Annexure-III. Another list of Associations, affiliated to Bhartiya Postal
Employees Federation, though unrecognized but are being extended limited trade
union facilities is at Annexure-IV.
II. CHANNEL OF
COMMUNICATION
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No. 13-2/68-SR dated 16.3.68
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1. While Government Servants are
free to join any Association, subject to the conditions laid down in the CS
(Conduct) Rules – 1964, the Government does not enter into correspondence
with any Association unless it has been grante
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The aspiring candidates are requested to
access the website: wwwpasadrexam2014.in for further details like vacancies,
eligibility, criteria, details of fee etc. The Applications are to be submitted
on line and the last date for registration of applications on line is 23:59
hours of 27th March, 2014.
Sd/-
(V.Santhanaraman)
Director (VP & DE)
I.
CHANNEL OF COMMUNICATION
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No. 13-2/68-SR dated 16.3.68
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1. While Government Servants are free to join
any Association, subject to the conditions laid down in the CS (Conduct)
Rules – 1964, the Government does not enter into correspondence with any
Association unless it has been granted Recognition by the Government for such
purpose. Therefore, as a rule no correspondence should be entered into with
any unrecognized Service Associations nor copies of their letters etc. be
forwarded to any subordinate union for action.
Note: With the promulgation off CS (RSA),
Rules, 1993, the membership is restricted to a particular category to which
the employee belongs, as identified by the Department (Annexure I)
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No. STB/100-19/52-STA dated 28.10.52
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2. The All India Service Associations
have their branches at Circle, Divisional and local levels. The Central
Association and their branches should correspond directly only with the
authorities in charge of the unit they represent i.e. local level
Service Associations should correspond directly only with local authority,
and Divisional Association with Divisional authority, the Circle-level
Service Association with the head of the Circle and the Central unit of the
Service Associations with the Secretary (Posts) or the Government through the
Secretary (Posts).
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No. 31-3/81-SR dated 17.8.81 & No.
10-3/84-SR dated 15.6.84
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3. Representations from the Service
Associations are limited to the matters concerning the unit they represent
i.e. a Divisional Service Associations is to take up the matters concerning
the Divisions as a whole, the Circle Service Associations to take up matters
concerning the circle as a whole and the Central Associations to pursue
matters of all India interest. If a local unit of Service Associations is not
satisfied with the decision or reply given by its accredited authority, the
next higher level of the Service Associations may take up such matters with
its accredited authority and while doing so, the Association should clearly
state that the matter was taken up initially with the lower authorities
concerned by without any satisfaction. If the Central level of he Association
intends to take up the matter concerning a particular circle, it may submit a
representation to the Secretary (Posts), but should clearly indicate in the
representation the fact that the circle level of the Association had taken up
the matter with the head of the Circle, specifying the reference of the same
and the reply thereto received from him. NO complaint/correspondence will be
entertained by the Administration if these are not addressed to the
accredited authority.
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No. 16-2/65-SR dated 3.8.66
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4. No action is to be taken on direct
references from local Service Associations except when specifically ordered
by minister / Minister of State / Secretary (P) / Members of the postal
Services Board. On behalf of Service Associations their General Secretaries
or President should address the Administration. The Assistant General
Secretaries or The Deputy General Secretaries whenever specifically
authorized by their General Secretaries may also address communication
to the Administration but the reference made by them should contain a clear
communication that the same are being made under the authority of General
Secretary concerned.
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No. 31-3/66-SR dated 24.11.66
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5. The Administration will address
replies to communications from the Service Associations to the General
Secretaries and to the Headquarters address of the local Associations
concerned with the only exception of DO letters from the President. Replies
to such DO letters may be sent to the Presidents but this will also be invariably
addressed to the Headquarters address of the Service Associations unless the
sender of the reply is of the opinion that there re special reasons or
circumstances for sending a reply direct to the address of the presidents.
6. The Service Associations hall not
espouse or support the cause of individual Government Servants relating to
service matters . When such references are received, the Service Associations
may be informed that they are precluded from taking up individual cases with
the administration and s such, their references are being filed.
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No. 16-6/65-SR dated 31.3.65
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7. Creation and abolition of posts is
purely an administration matter and it is not a subject which the Service
Associations can discuss with the Administration. It is for the Department to
decide whether particular post is justified or not and it is not the function
of the Associations to determine the justification or otherwise of the post.
Views of the Service Associations may, however, be considered when will be
entertained with the Service Associations regarding creation of individual
posts. The questions of fixation of standards for creation of posts is a
difference issue and does not fall in the above category.
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No. iR No. 1591-SR/79-SR dated 12.7.79
|
8. Wherever standards of creation of
posts have to be examined, Service Associations can take these up for
implementation even if these justify only a solitary post in regard to any
particular office. However, no correspondence from Service Associations on
the merit of creation/abolition/conversion of individual posts, standards for
which have not been determined will be entertained, though their views may be
taken into account when the matter is considered in normal course.
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No. 31-2/83-SR dated 5.6.84 & No.
31-2/85-SR dated 29.10.86
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9. The Service Associations are not
authorized to form regional branches for meetings (formal or informal) with
regional head. The circle units of the Service Associations representing the
Postal Accounts Employees are permitted to form branches (local units in the
offices of Director of Accounts (Postal).
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III.
OFFICE BEARERS
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No. 15-4/90-SR dated 5.1.93
|
1. Government Employees who are in
service shall be members and, therefore, office bearers of the Service
Associations. The executives of the Service Associations are to be elected
from among its members only.
2. Membership of he Service
Associations has been restricted to a distinct category of Government
Servants having common interest, all such Government Servants being eligible
for membership to the Association.
3. prescribed facilities should not be
extended to branches of Service Associations at circle or levels blow if any
of the office bearers of such Associations are not serving employees
belonging to that distinct category which the Service Associations is
representing.
4. The number of office bearers at
Circle/ Divisional level of each Association should not exceed 15 and it does
not include the members of the Executive Committee.
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IV. MEMBERSHIP
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1. membership of he Service
Associations is restricted to a distinct category of Government Servants
having common service interest, all such Government Servants being eligible
for membership of the Service Associations and no person who is not a
Government Servant belonging to that distinct category which the Service
Associations is representing, is permitted to be connected with the affairs
of the Service Associations. The membership of Government Servant shall be
automatically discontinued on his ceasing to belong to such a category. For
membership of canteen Employees, refer to Annexure V.
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No. 32-3/78-SR dated 11.10.79
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2. It is for the Government Servant to
decide which Association to join and no directive be issued by the
Administration in this regard. (to be red in conjunction with the provisions
contained in Communication No. 15-4/90-SR dated 5.1.93 referred to above.
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No. 32-1/64-SR dated 11.8.64
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3. The right of the union to represent
casual labour has not been conceded but if any grievances of casual labour
covered by the recommendations of he Pay Commission be examined. However, no
reply in respect of such grievances would be sent to the representing
Associations.
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No. 14-6/67-SR dated 5.1.67 & 21.7.67
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4. The trainees, who have been
recruited directly and re yet to be absorbed in the Department, will not
join/form/organize any Service Association. The Departmental trainees may
continue their membership of Service associations at places from where they
have been deputed for training. Such Departmental trainees as may be office
bearers of any branch of unions may continue to function as office
bearers of any branch of unions my continue to function as office
bearers of their branches but they will not be granted any special casual
leave for attending to Association’s affairs. Here is, however, no objection
to the grant of normal casual leave for such purpose if applied for. The
regular staff of he training centers are at liberty to join Service
Associations exactly in the same manner as the staff in the divisions and the
circles. The grievances of trainees arising out of heir being trainees at a
particular training center can be effectively looked into with the help of
the channel of representation and redressed of grievances by way of system of
class monitors.
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V
FOREIGN SERVICE
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No. SPB-150/1/50 dated 31.10.50
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1. The permanent postal employees my
be permitted to accept employment as full time paid office bearers of
recognized All India Service Associations and that they should be treated as
on deputation on foreign service germ, during the period they serve the
Association. The usual contribution towards leave, pension, etc, should be
paid promptly and regularly to the Department of Posts by the Service
Associations concerned. No Government official should remain a whole time
office bearer of a Service Associations on foreign service term for a period
exceeding three years t a time.
2. The Head of a Circle is
competent as per FRSR to sanction the deputation subject to the
conditions regarding fixation of pay as laid down there in. In issuing the
sanction the principle outlined in the Government order reproduced in
Annexure II of FRSR Vol. II should be followed. Contribution taken on account
of cost of leave salary and pension of the official have to be borne by the
Service Associations concerned if any. The amount of joining time admissible
to the officials and their pay during joining time will have to be fixed in
consultation with the foreign employer vide FR 114. Substitutes may be
appointed temporarily in the vacancies created by the deputation of
officials. The Service Associations should accept the full liability for pay
and allowances of the official concerned and also agree to the regular
payment of leave, salary and pension contributions s may be fixed and claimed
by the audit authority concerned and disability leave and leave salary
granted on account of disability incurred and through foreign service even
though the disability manifests itself after the termination of foreign
service, any compensatory allowance for period of leave in or at the end of
the foreign service granted to the office and payment of T.A. journeys on
transfer to the unions Headquarters and on reversion thereof to the
official’s Headquarters.
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No. SPN-86-6/57 dated 2.11.57 & 15.2.58
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3. Permanent postal employees may be
permitted to accept employment as full time paid office bearers of circle
branches of recognized All India Service Associations also.
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No. 54-7/69-SPB-II dated 30.12.69 & No.
86-6/75-SPB-II dated 6.8.76
|
4. The head of Circles and
administrative offices would take prior approval of the Secretary (P) in
extending the period of transfer on foreign service of non-gazetted employees
under their control to the Service associations beyond the period of
three years. The period between two spells of deputation of foreign service
with Service Associations as office bearers should be at least three years,
which can be relaxed only in consultation with Secretary (P).
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No. 86-4/75-SPB-II dated 22.11.75
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5. Pension contribution to be made by
recognized Service Associations in respect of serving Government employees on
foreign service with them may be waived. It may be noted, however, that the
concession is limited to not more than two serving employees at a time. As
regards leave salary contributions, there is no objection to waive it if the
Service Associations agrees to bear the eve salary and if the employees
concerned agree to forego their claim for a foreign service period.
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(VI) MEMBERSHIP
SUBSCRIPTION OF ALL ASSOCIATIONS RECOGNIZED OR OTHERWISE
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No. 13-14/96-SR (Vol. III) dated 5.1.98
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It shall be made on a monthly basis by the
DDO.
Postal employees will be given the chance to
change their options for membership once every April.
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No. 13-10/96-SR dated 14.10.96
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On transfer of an employee to another office
involving the change off DDO, the DDO in the first office will forward the
authorization of he official to the new DDO along with last pay certificate
after making suitable entry in the register. The new DDO will on receipt of
the authorization enter it in his register and make deductions from the
salary of the official.
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No. 10-44/95-SR dated 17.6.96
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The total amount recovered from members of
different Service Associations may be remitted to the central body of the Association
for further distribution provided such a provision is available in the
constitution of the Association to avoid compilations. Otherwise the total
amount recovered shall be remitted to Divisional Secretary of the concerned
Service Association who in turn will remit this amount to the circle/. All
India, CHQ etc. as per the quota fixed in their respective constitution.
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No. 13-1/2002-SR dated 24.03.2003
Some points of doubt were referred to the
DOP&T for their clarification. The point of doubt referred to by the
Department and clarification received from DOP&T thereon are reproduced
below.
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Sl No.
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Points of Doubt
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Clarification
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1.
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When an employee gives a revised option for
deduction off membership in the month off April, as per the existing
instructions the revised option will become applicable only from 1st July
of that yr. The doubt is as to what will be the status of the employee during
the months from April to June, i.e whether he will continue to be member of
the Association to which he was contributing prior to submitting his revised
option and whether during these three months he will have to complete the
membership fee to that association or whether with the revision of option, he
servers all his connections (including contribution of membership fee) with
the old association though his relationship with the new association will
take effect only from 1st July.
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With the revision of option in the month of
April by an employee, deduction in favour of the old association would stop
immediately.
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2.
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In case of n employee becoming member of an
association for the first time, the restrictions of April and July is not
applicable and it can start from any date. Further his membership fee will
also be deducted from the month he submits his option. This needs
confirmation of the DOP&T
|
This supposition is not correct. An employee
can exercise his option for the first time or revise his option in the month
of April only.
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3.
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As per Rule 5 (d) (ii) of CS(RSA) Rules,
1993, membership of the Government Servant shall be automatically
discontinued on his ceasing to belong to such category. As such, on promotion
to the higher grade, an employee will cease to belong to the earlier category
and consequently he will be ineligible for membership of the union to which
be belonged prior to his promotion . His membership subscription or that
union will also stop immediately on promotion. This needs confirmation
of the DOP&T. Further, in that case, whether deduction of his membership
subscription of the union he joins after promotion will start instantly or
from 1st July.
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The supposition is confirmed. It is
also clarified that an employee can give his option for the purpose of
deduction of membership fees in favour of a new association in the
month off April only.
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4.
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In case a member is expelled from one union
after the month of April and he joins the other union subsequently, whether
his membership subscription will continue to be deducted in favour of the
union to which he was a member before expulsion till the June of next year or
his subscription will stop immediately on expulsion and will start for the
union he joins after expulsion.
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With the expulsion from a union, the
membership subscription of the employees would stop immediately. He/She can
exercise option in favour of another association with effect from the month
of April.
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VII IMMUNITY FROM TRANSFER
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No. 69-18/70-SPB-I dated 7.12.70
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1. Concession f immunity from
transfer from the headquarters of recognized Service Association is
applicable o their office bearers during 1st year of their
elections to the office of Chief Executive or General Secretary, Asst.
Secretary and Financial Secretary or treasurer of Group ‘C’ and Group ‘D’
Associations whether they are all India, Circle or Divisional units, if the
constitution and bye-laws of the central Service Associations permit opening
of such branches.
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No. 71-14/82-SPB-I dated 22.5.82 & No.
7120/83-SPB-I dated 16.9.85
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2. if there are several
office bearers with same designation, the concession applies during the first
year of the office to only one of each category i.e. Chief Executive or
General Secretary, Assistant Secretary, and Financial Secretary for
Treasurer) as may be nominated by the Service Associations. The concession
ceases to be applicable to the above office bearers on promotion to higher
posts as then their membership to the given Service Associations also ceases.
3. With the mutual goodwill
between the Service Associations and the local office and subject to the
Administrative convenience, the office bearers elected to the above said
offices of the Service Associations may stay t the headquarters station even
longer than one year.
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No. 69-52/72-SPB-I dated 23.3.723
& dated 2.1.74
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4. If the office bearers working
at other stations are elected to these offices i.e. Chief Executive or
General Secretary, Assistant Secretary, Financial Secretary, or treasurer
they may be brought on temporary transfer to the headquarters of the Service
Associations during 1st year of election and may be retained
there even longer than one year but with the goodwill between the Service
Association and the local office and subject to the overall exigencies of
Administrative convenience. The above concessions will not be available below
divisional level. Bringing the Chief Executive of the Service Association to
their headquarters should be followed, if an appropriate post is available.
Where it is not possible to observe the general principles laid down in the
instructions on the concession of immunity on transfer, a report should be
sent to the Department indicting the circumstances under which it is not
possible to extend the facility even in the first year of the term of office
with the Service Associations.
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No. 69-45/73-SPB-I dated 8.2.74 & No.
69-7/77-SPB-I dated 20.4.77
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5. in RMS, where the divisional,
circle or all India secretaries cannot be posted at Headquarters, there is no
objection to grant request for posting of divisional circle and All India secretaries in RMS sections to enable them to come to
their Headquarters. This too is subject to Administrative convenience.
Subject to Administrative exigencies, this concession of immunity from
transfer may be granted for second year also to the office bearers of such
Associations whose constitution provides conferences/elections in second
year.
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VIII. SPECIAL CASUAL LEAVE
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No. 54-1/71-SPB-II dated 15.3.71
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1. Special Casual Leave up to maximum f 20
days in a year may be granted for the following purposes.
a) When the delegates to All India
Conferences and members of the executive committees are required to attend
such conferences and meetings.
b) When members from outstation are
required to attend periodical meetings with Heads of Circles.
c) When members from outstation
wait on deputation on the Minster/MOS and Secretary (P).
2. Special Casual Leave may be
allowed to members of Service Associations coming from outstations to attend
their monthly meeting with Departmental Officers at divisional level on the
following conditions:-
i) not more than two
members are allowed this concession during a year
ii) Special Casual Leave
is allowed only for a day/days of the meeting and the actual time taken in
the journey.
iii) Maximum limit of Special
Casual Leave allowed does not exceed 12 days in a year.
iv) The concession under this
item will not bring an additional benefit to the staff who under para 1 above
are allowed the concession of Special Casual leave to the extent of 20 days
in a year. If any official is required to meet the divisional head, the
Special Casual Leave granted to him for the purpose will be counted against
those 20 days Special Casual leave in a year.
v) The total members may
be given suitable off for the duration of the meetings.
3. Public holidays and weekly
offs to the extent admissible to the category of the officials to which the
office bearers of the Service Associations belong falling within the period
of Special Casual Leave granted to them or immediately preceding or following
should not be counted as part of Special Casual leave.
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No. 54-19-SPB dated 31.8.59 & no.
54-13/71-SPB-II dated 31.1.74
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4. Special Casual leave is
no allowed to be combined with regular leave/E,L. or half pay leave etc. An
understanding reached in the
|
|
No. 54-19-SPB dated 31.8.59 & no.
54-13/71-SPB-II dated 31.1.74
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4. Special Casual leave is
no allowed to be combined with regular leave/E,L. or half pay leave etc. An
understanding reached in the departmental council of JCM stipulates that as
far as possible the Divisional executive committee meetings of the Service
Associations will be held on holidays or outside office hours. As regards
number of members attending the committee meetings the same will be in
accordance with the constitution. Where there is reason to believe that more
members are asking for Special Casual leave then justified, the constitution
and the records of the Service Associations may be checked up to find out
whether facilities have been asked for more members than admissible under the
rules.
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No. 54-1/83-SPB-II dated 6.12.83
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5. The office bearers of
recognized Service Association may be granted Special Casual leave for
attending trade union seminars subject to the condition that maximum limit of
Special Casual leave does not exceed 20 days in a year.
6. Notices issued by the General
Secretaries of the Service Associations for All India Conferences working
committee or executive committee meeting of the Service Associations are not
being circulated by the Department. Instead the Circle Secretary concerned
should furnish an attested copy of the notice to the heads of circles and
other administrative offices requesting them to issue necessary instructions
to the concerned authorities for granting Special Casual leave to the
eligible officials, subject to the overall limits. The competent authority
will then sanction Special Casual leave to eligible officials provisionally
on receipt of applications from them. On completion of the
conferences/meetings the officials will be required to produce a certificated
from the General Secretary to the effect that they had actually attended the
conference/meeting for its full duration. Thereafter Special Casual leave
granted provisionally will be regularized.
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No. 16-38/82-SR (Pt.) dated 28.8.87
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7. The other facilities such as
deputation of official observer to the conferences, permission to conduct
conferences within the departmental premises outside working hours, grant of
Special Casual leave to the delegates to the circle conferences, should
continue to the extended at the time of the elections of the Service
Associations from which facilities had been withdrawn for not conducting the
prescribed elections in time. These facilities would not, however, be
available to the office bearers of the concerned branch which failed to hold
the elections in time.
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IX. INTERVIEWS:
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No.16-19-SR dated 16.10.63
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1. There is no objection to the
Service Associations meeting the local officers informally but such meetings
should not be held regularly or treated as formal meetings.
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No. 16-3/63-SR dated 7.12.63 & No.
10-29/58-Unions dated 4.11.58 & 23.2.59
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2. Regular formal meetings are
not to be held below the Divisional level. The Minister and also he Secretary
(P) may, at their discretion, received deputation of circle and branch
associations during their tours. These meetings will be treated as informal
and minutes will not be drawn up and supplied to the Association. Action
will, however, be taken to ensure that any important decision taken or
assurance given by the Minster or the Secretary (P) at such meetings is duly
pursued and the Association concerned will be informed of the results as soon
as practicable.
3. The instructions at 2 above
Mutatis Mutandis apply to the meetings of the Heads of Circle during their
tours with local branches of the Service Associations. Accordingly, any
interview, granted by the heads of Circle during their tours to the
Divisional branches will be treated as informal and no minutes shall be drawn
up or supplied to the Service Associations.
4. At the above mentioned informal
meetings , questions of local significance and not of All India or general importance will be discussed. Matters of
All India and general nature will have to be taken up through the
All India Service Associations as the case may be. Issues that are
peculiar to the various circles will be taken up only by the circle
Associations and not by the Divisional Associations.
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No. 23-24/59-SR dated 31.12.59, No.
23-99/77-SR dated 29.12.97, No. 33-7/77-SR dated 26.12.77, no. 31-3/79-SR
dated 18.7.79, 27.9.84 & 3.12.79
|
5. When branch
Associations seek interview during the course of tour of minister or
Secretary (P) they should confine the points for discussion to matters of
local significance. Matters of All India and general nature, should be taken
up only through the Central Associations.
6. At the All India level, meetings will be held once in four months, at the
circle level once in four months (except with Administrative offices/
Associations where it will be held bi-monthly with the heads of Circles), at
the Regional level once in two months and at the Divisional level monthly.
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No. 31-3/79-SR dated 3.12.79
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7. Director (Hqrs.) too shall
grant formal bi-monthly meetings to the concerned circle Branch Associations
in respect of the Postal/RMS units placed under their control.
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No. 16-9/61-SR dated 22.3.63 & No.
13-1/69-SR dated 9.3.72, No. 31-3/79-SR dated 28.12.75, No. 18-11/69-SR dated
9.3.72
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8. The duration of the
periodical meetings at central level shall not exceed five hours. The
duration of periodical meetings at circle level shall not exceed three hours.
The duration of periodical meetings at Divisional level shall not exceed two
hours.
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No. 3-10/69-SR dated 23.2.70, No.16-9/61-SR
dated 22.3.63
No. 31-3/79-SR dated 28.12.79
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9. The number of items to be
submitted by each Service Association at Central and Circle level shall be
three. The number of items to be submitted by each Association t Regional
level shall be three.
There shall be no limit as to the number of
items that may be discussed at the Divisional level at the same time.
However, the time limit of 2 hours shall be followed strictly.
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31-3/79-SR dated 26.10.83
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10. Any office bearer of the
Circle branch off Administrative offices Employees Association who is located
at the H.Q. Station of the Regional Director of postal Services and
authorized by the Circle Secretary may be allowed to informally met the
Regional Director bimonthly in addition to formal bimonthly meetings at the
level of heads of Circle.
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No. 3-18/72-SR dated 14.8.72
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11. items for discussion in the
agenda of the periodical meetings (at central level) should be submitted by
the Association within two months of the date of the last meeting. The
explanatory note should be sent in quadruplicate.
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No. 3-17/72-SR dated 11.8.72
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12. Associations should send
items for discussion in the next bimonthly meetings within period of one
month from the date of the last meeting. The explanatory notes of items
should be sent in sufficient detail. The explanatory note should be furnished
in quadruplicate.
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No. 16-9/61-SR dated 22.3.63 & No.
341-3/79-SR dated 28.12.79 & No. 31-1/74-SR dated 23.7.75
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13. The number of
representatives who will attend the meeting at the central level is
restricted to one per Association. The number of representatives at Circle
level is restricted to two per Association. The number of representatives at
Regional level is restricted to two per Association. The number of
representatives at the Divisional level is restricted to three per
Association.
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No. 31-2/85-SR dated 29.10.86
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14. in an exceptional case if
there is no office bearer on the Circle Association at the headquarter of the
RDPS or the office bearer located at the Regional headquarters is unable to
should the responsibility of maintaining correspondence and holding meetings
with the RSPS, it shall be open to the Circle Secretary to authorize a Circle
office bearer, who is not locate at the headquarter of the RDPS, but is
serving within the jurisdiction of the RDPS, to correspond and hold meetings
with the RDPS concerned.
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No. 31-2/83-SR dated 5.6.84
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15. Formation of Regional
branches by any Association has not been given cognizance by the Department
nor any amendment to their constitution providing for formation of branches
at Regional level has been accepted by the Department. Therefore, the
question of grant of any meeting or any other facilities to such office
bearers for the Regional branches as they call them, does not arise. If any
such office bearer also happens to be a circle Association office bearer and
happens to be eligible for grant of bimonthly meetings and exchange of
correspondence with the Regional Directors as per letter no. 31-3-79-SR dated
16.3.1981 and no. 21-1/75-Sr dated 3.7.1981, he will naturally be entitled
for the meetings and exchange of correspondence as a Circle Association
office bearer.
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No. 81-2/81-SR dated 5.6.81 & No.
33-4/67-SR dated 4.7.67 & No. 16-3/63-SR dated 6.7.63
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16. Subordinate officers may
also attend or participate in the interviews granted by a higher officer by
way of assistance to the senior officer.
17. There is no objection to a
non-office bearers being included within the permissible number of
representatives of the Unions at periodical meetings provided the former is a
Member of the Association and an employee of the Department.
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No. 33-2/68-SR dated 7.5.68
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18. The facility of holding
periodical meetings at various levels has been afforded for resolving through
discussions the grievances, problems etc., connected with the service
interest of the member of the Associations and for offering suggestions for
effecting improvement in the efficiency of service. Such meeting should
not be used forum for discussion of he acts of omission or commission
of an individual officer. Critical discussion against any individual whether
he is non-gazetted employee or gazetted employee is not permitted in formal
meetings. If the Associations have any complaint against any individual, it
can be brought to the notice of the administrative authorities through correspondence
or through informal discussions with the appropriate officers for necessary
action.
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No. 13-11/69-SR dated 9.9.70
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19. Separate interview may
be granted to the Unions affiliated to National Federation of Postal
Employees and Federation of national Postal Organizations. The Head of the
Circle should not only preside over Association meetings at circle level, but
also participate fully in discussions.
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No. 33-10/71-SR dated 23.7.71
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20. Items from administrative
side may also be included in the agenda for discussion in formal meetings
with Associations at all levels.
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No. 33-2/12-SR dated 18.7.73
|
21. The Circle branches of the
Association of Gazetted officers may also seek interviews with the head of
the Circle and in cases of formal meetings, the minutes of the meetings may
also be issued.
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No. 33-4/73-SR dated 15.1.74
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22. The Associations any meet
officers/other than Chairman, postal Services board and Minister. Such
interviews unless otherwise ordered by the Chairman are to be treated as purely
informal and no formal minutes therefore should be drawn up and circulated.
For official purposes and for follow up action, a note of the discussions is
kept and a copy of the note sent to SR Section. No officer below the rank off
DDG should grant any interview, if specifically authorized by the Chairman,
any such officer may meet the representatives of the Associations in
his behalf and such meetings will be treated as formal meetings and minutes
will be drawn up and circulated.
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No. 38-2/75-SRT dated 3.5.75
|
23. The minutes of the Services
Associations meetings at circle level will not be circulated to all Divisions
but only the relevant extracts will be furnished to the Divisions concerned.
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No. 3-13/71-SR (Pt.) dated 11.8.81
|
24. The matter discussed during
a periodical meeting will not be placed on the agenda of such meetings during
the following 12 months unless for any special reason, the Chairman direct
otherwise.
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No. 3-3/81-SR(pt.) dated 11.8.81
|
25. The General Secretaries of
the recognize Associations seeking a special interview with Chairman postal
Services Board for discussion on any urgent special problems should seek an
interview with the concerned Member of postal Services Board. The interview
would be granted by the members of Postal Services board if an appointment
for the same is got fixed up in advance.
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No. 33-2/78-SR(Pt.) dated 30.10.78
|
26. Whenever, the
Federations/Associations etc hold meetings with senior officers (Member/DDG)
concerned on issues arising out of the discussions in their meetings with the
Chairman, Postal Services board, the formal minutes of such meetings should
be duly drawn up by the concerned officers and issued to all concerned.
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XI Meetings
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No. 16-2/61-SR dated 31.8.61
|
1. The Association may, on
obtaining prior permission of the local head of office and after knowing the
agenda of the meeting, hold meeting in office premises. The grant of
permission will in all cases be subject to the conditions that the security
of the office premises is not interfered with, that the sanctity of the
office premises is maintained and that there is no disturbance to office
work. The recreation rooms, canteen open compounds etc., attached to the
departmental buildings are included in the terms in the office premises. The
office premises re not to be used as a platform for any political party
meetings. Requests for holding meeting from two or more recognized
Associations in the office premises shall be considered by the head of the
office concerned on their merits taking into consideration the space
available, the number of people likely to attend, matter to be discussed,
possibility of feelings to be roused among the participating Associations and
need for safeguarding the departmental property and installations.
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No. 33-8/84-SR dated 22.8.83
|
2. in addition to the above, he
grant of permission will in all cases be subject to the following conditions:
i) Meetings should be
attended only by those members of he Associations who are postal employees or
are office bearers;
ii) loud Speakers are not to be
used, since they cause disturbance to office work.
Further in case any damage is caused to
office property, or breakages caused to chairs, tables, etc. The Association
concerned will be liable to bear the costs of repairs or replacement of such
items of furniture or any other Government property.
In case of any violation by any Association
of any of the conditions under which the permission had been granted, no
permission should normally be granted for a minimum period of six months.
After the expiry of this period, the head of the concerned office will use
his judgment for granting permission for holding meetings. If any Association
comes with a request for holding meetings before the expiry of the stipulated
period of six months and with sufficient justifications, the head of the
office will send his recommendations to his next superior having regard to
all relevant considerations for decision. If, owing to commission of
any act of violence, permission has been refused for holding meetings in the
office premises, permission to hold meeting on subsequent dates should be
granted with the approval of the Department of Posts.
It is clarified that the term “Office
Premises” includes the recreation rooms, canteens, open compounds etc.
attached to he departmental buildings.
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No. 33-7/77-SR dated 26.12.77
|
3. permission to hold meetings
may also be given in such offices which work round the clock subject to
administrative convenience and other prescribed conditions and the official
on duty not leaving their work to attend such meetings.
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No. 16-1/59-SR dated 17.9.59
|
4. Requests for holding joint
meetings of two or more recognized Associations should be considered on their
merits in the light of space available, number of people likely to attend,
issues to be discussed, the possibility of feelings being roused among the
participating Associations and need for safeguarding the departmental
property and installations. The heads of offices may exercise their
discretion in granting permission and holding joint meetings in office
premises having regard to these considerations.
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XI. SUPPLY OFF
COPIES OF ORDERS
1.(a) The Government cannot
undertake invariably to supply copies of all orders or orders of any specified
category relating to conditions of service of employees. Copies of orders
containing decisions of general interest relating to service matters which re
not marked “Top Secret’, “Secret”, “Confidential” or ‘For official use only”
may be supplied to the recognized Associations who are likely to be interested
in such orders. Copies of general letters, orders, circulars, circle orders,
correction lists, etc. come within this category of document which can be
supplied.
1(b) As regards DG’s
Circulars, general letters and orders, etc., issued from the Department which
are not ‘Secret” or “Confidential” are supplied to the Central office of All
India Associations direct from the Department and copies of circulars, etc.,
issued by the heads of Circles as well as those issued buy DG”s office are to
be supplied by the circle office concerned to the central office of the
relevant recognized All India Associations irrespective of the fact that
their headquarters are not located in the circle and that supplies are to be made
as soon as circulars re issued or received from DG’s office. General circulars
both from the Department / Circle re to be supplied to the Associations of all
arms in the Department and all the other circulars are supplied to the Services
Associations of the appropriate arm only.
1(c ) As regards supply of
statistical information on various subjects such as departmental examinations,
building programmes, etc. statistical information as is readily available: or
can be conveniently collected and may be really useful for the Association and
which is not meant for administrative purposes only, may be supplied to them
provided its collection does not involve extra labour, time or special efforts.
The discretion in the matter of supplying such information, however, rests with
heads of the Circle concerned who may refuse to meet such requests if not found
to be acceptable. Information of the following kind is considered to be of an
administrative nature and is not meant to the supplied to the Association.
i) The actual number of
candidates who appear in a particular departmental examinations and the number
of those who qualify or any other statistics relating to such examination which
is meant for office use only.
(ii)
The number of vacancies in a circle office, etc., since a particular year or
during a particular period and number of officials taken against them.
(iii)
information in form Establishment-II.
(iv)
Standards evolved by the Administration as their rough guide for creation of
posts, Standards of the nature which have been approved by Government may,
however, be furnished.
1(d) information
collected by the employees in the course of their official duty and that
obtained by the Associations from Government should not be furnished tonon-government
bodies.
XII. USE OF NOTICE BOARD
|
DG’s Special General Circular no. 23 dated
19.11.59 & 16-12/71-SR dated 15.10.71
|
1. Associations may be allowed
to display notices relating to the following:-
i) The date, time , the place
and purpose of a meeting.
(ii) Statement of Accounts of Income
and Expenditure of the Associations
(iii) Announcements regarding
holding of elections excluding canvassing thereof and
result thereof.
(iv) Reminders to the members of
the Associations in a general way about the dues outstanding against them.
(v) Announcements relating to
matters of general interest to the members of the Associations provided:-
a) They are not in the nature of criticism:
b) They are not subversive of discipline:
c) They do not contain objectionable offensive language: and
d) They do not contain attacks on individuals directly or
indirectly. Notices relating to strike cannot be displayed on notice board
installed in office premises.
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|
No. 167-7/60-SR dated 8.7.60 & No.
16-17/81-SR dated 26.12.81
|
2. The recognized Associations
should ensure that their branch unions follow strictly the orders in the
matter of displaying their notices./ Circulars etc. on notice boards placed
in office premises and avoid the irregular practice of displaying their
posters etc. on the walls/doors etc., of the Government buildings/offices.
|
XIII. ELECTION AND DISPUTES.
|
No.69-60/71-SPB-II/SR dated 31.1.72
|
1. The Service Associations
should invariably endorse copy of the notice regarding convening of he
general body meeting of the Service Associations at different levels along
with a copy of the agenda for the meeting to the Head of administration
concerned at different levels. The list of newly elected office bearers re
also invariably to be furnished immediately after the meeting to the credited
authority concerned. The newly elected office bearers will not be afforded
the prescribed facilities and concession unless these formalities re complied
with.
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|
No. 19-1/73-SR dated 19.2.74 & No.
39-38/81-SR dated 13.1.82 &16-38/82-Sr dated 18.12.82
|
2. The Recognition of the
office-bearers and the facilities granted to them would be withdrawn
after the lapse of three months from the dates fresh elections fall due as
per constitutions of the respective Associations
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|
No. 16-12/73-SR dated 27.7.73
|
3. An elected Divisional
Secretary may be permitted to represent both the Divisions when a division is
bifurcated upto a period of here months from the date of bifurcations which
is considered adequate for establishing a new branch o electing new office
bearers. Similarly, n elected circle secretary may be permitted to represent
the bifurcated circles for a period of three months.
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|
No. 17-8/74-SR dated 8.7.75
|
4. When a new branch is formed,
it may not be possible for a variety of reasons to send notices, etc., in
advance to the administration or to publish any notice about the meeting. In
such cases even if a formal notice is not issued for convening a meeting of
the prospective members for forming a new branch and elections of office
bearers, the intention to hold such a meeting, should be communicated
confidentially, if necessary, to the head of he Circle/Division as the case
may be. This should be done by the circle secretary in the case of formation of
Divisional branch and by the General Secretary of the All India union
in case of Circle branch.
5(A) As soon as list of office
bearers is received, it should be verified by the accredited authority
whether the new office bearers have been elected after due notice in
accordance with the provisions contained in he constitution of the Union.
(B) if any Service Association
requests that n independent observe from the official side my be sent to
watch the elections, such an observer may be sent. It should be ensured that
he belongs to a Branch of the Department different from the Branch f which
the members f the Union concerned belong to.
(C ) Normally, after an election, the
outgoing president or the outgoing Secretary of the Branch concerned (or convener
in the case of new branch should communicate to Administration the names of
the new office bearers and such communications should normally be accepted.
In case, however, a parallel list is received from any person or persons
claiming to have been duly elected at the same meeting, a dispute should be
deemed to have arisen.
(D) once a dispute arises, he
normal facilities should be denied to both he groups.
(E) In case of dispute, a
report should be obtained from the observer, if any, and the matter decided
accordingly.
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No. 41-4/87-SR dated 17.2.87
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6. in addition to thee election
disputes below Circle level, the disputes in the election of office bearers
of the Unions at circle level may also be decided by the heads of
Circles on the basis of the material furnished by the unions and provisions
contained in he constitution of Association. If considered necessary, a
reference may be made to the General Secretary of the All India union
concerned for obtaining his views in the matter. If the circle Associations
are not satisfied with the decision of the head of the Circle, the matter can
be take up with the Department through their respective All India Association
in accordance with the prescribed channel of communications. (Also read the
following instructions).
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No. 16-25/2002-Sr dated 8th July,
2002
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7. While issuing revised
instructions regarding settlement of election disputes t circle level (vide
No. 41-4/87-SR dated 17.2.87, stated above), it was inter-alia made clear
that “if considered necessary, a reference may be made to the General
Secretary of the All India union concerned for obtaining his views in the
matter”. The matter has been reconsidered and it has been decided that
in case of election dispute at circle level” a reference should be made to
the General Secretary of he All India union concerned for obtaining his views
in the matter. To this extent, the instructions issued vide letter No.
41-4/87-SR dated 17th February, 1987 stand modified. It may
be further clarified that all other instructions contained in the above
referred letter of 17th February, 1987 remain unchanged.
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No. 19-1/73-SR dated 23.4.75
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8. in the case of postal circle, an
observer from RMS Branch should be sent where the Associations concerned
belongs to the postal branch or vice versa. In the case of Circle union, the
observer should invariably he a Gazetted Officer.
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No. 38-1/74-SR dated 28.9.74
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9. There is no necessity for All
India Association to send list of office bearers of their branches to the
Department for onward transmission to the heads of circles etc., for
necessary action excepting in cases where extraordinary situation has risen
requiring consideration of the lists in he Department. The Department when
addressed in special cases, it should be indicated why the Department is
being addressed.
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No. 19-1/89-SR dated 20.1.89
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10. he ad hoc committees formed
by Service Association at different levels will not be approved in a normal
course as the same are against the basic tenets of democracy. However, if it
becomes necessary for any Associations to appoint ad hoc committee of any
level in unavoidable circumstances, the same will be approved subject to the
following conditions:-
i) The constitution of the
concerned unions/associations contains a specific provision in this regard.
ii) No ad hoc committee will be
approved at any level for formation of a new branch.
iii) Ad hoc committed in
circle office / administrative offices will be approved by the Department of
Posts for a maximum period of three months on receipt, of a request from
General Secretary of the Union / Association explaining the necessity thereof
in detail along with a copy of the resolution passed by CWC etc., depending
upon the merits of each case.
iv) Ad hoc Committee for Divisions
will be approved by the heads of Circles for a maximum period of 3 months on
a receipt of request from the circle secretary of the concerned union /
association explaining the necessity thereof in detail along with a copy of
the resolution passed by the circle working committee etc., depending upon
the merits of each case.
v) Ad hoc Committees proposed to
be appointed at any level will not consist off more than 4 months out
of whom one member will be designated as Convener subject to condition that
they are otherwise also eligible to be elected as office bearers and no case
is pending in any court in this regard.
vi) in case of a dispute when
two parallel lists are received, whose name appears in either of the lists,
will be nominated as member in he proposed Ad hoc Committee to settle the
dispute.
vii) If the Ad hoc Committee fails to
hold the fresh elections within a period of 3 months, the union facilities
granted to its members would automatically stand withdrawn on expiry of the
stipulated period.
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XIV. JOURNALS
1.(a) The Union/Association
should get prior approval of the Government before publishing a journal or any
periodical.
1(b) While sending
application for permission to publish a journal /periodical, the following
information may be furnished:-
i) name of he
Journal/periodical
ii) Name of the Union/Association
publishing journal /periodical, including the name of the
circle/divisional/local branch, ( if a branch is publishing the same),
iii) Name of the editor
iv) Whether the editor is a
Government servant or an outsider.
v) Station from which the journal
/periodical will be published.
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No. 70-8/58-SPA dated 22.9.58
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The Service Associations should send copies
of journal invariably to the heads of Circles, etc, so that they may also be
aware of the general grievances of the employees.
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No. 70-62/58-SPA dated 30.10.58
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If wild allegations are published in
journals, publication of the unions or intemperate and offensive language is
used, the attention of the union should be drawn to it and they should be
asked to make amends. If this is not done, the question of withdrawal of the
permission given to the unions for publishing these journals would be
considered .
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No. 16-15/59-SR dated 20.8.59
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No person, who is not a member of the
union/association, is eligible to become an Editor of the journal/periodical
issued by the unions /Associations.
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No. 24-2/64-SR dated 23.9.66
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Unions/Associations and their duly
constituted branches may publish souvenirs on the eve of the annual conferences,
etc., without obtaining prior permission of the Government subject to the
condition that the contents of such publication do not in any way violate the
provisions of the Conduct Rules. Such publications should relate only to the
legitimate activities of the union/Associations and should not contain any
objectionable material or offensive language.
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No. 24-4/87-SR dated 15.12.87
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There is no objection, if the
union/Associations at different levels accept advertisement for he
publication of souvenirs to be brought out at the time of their annual
conference etc, subject to the following conditions:-
i) Procurement of advertisements
from private parties for publication in souvenirs /or simila
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No. 24-4/87-SR dated 15.12.87
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There is no objection, if the union/Associations
at different levels accept advertisement for he publication of souvenirs to
be brought out at the time of their annual conference etc, subject to the
following conditions:-
i) Procurement of advertisements
from private parties for publication in souvenirs /or similar publications
brought out by the Service Associations etc., will not henceforth be allowed:
and
ii) Procurement of advertisement
from Government Departments and public or Corporate bodies would, however,
continue to be permitted.
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No. 24-4/76-SR dated 29.5.76 & No.
25-3/82-SR dated 30.3.83
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The journals of the recognized unions /
associations would deal with service matters only and would not publish news
or comments not directly related to such matters. In addition, use off
intemperate language should also not be resorted to. Moreover, the permission
to publish journals is always subject to the following conditions:-
i) The journal deals with the
service matters and does not publish news or comments not directly related to
such matters.
ii) No material is published in
the journal in violation of the Central Civil Services (Conduct) Rules, 1964
as amended from time to time. In case, any objectionable material is
published by the unions/associations in their periodical journal, the
question of withdrawal of permission for publication of such journal and all
other appropriate disciplinary action can be taken against the author.
iii) The unions should not use
intemperate language in the journal.
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No. 26-1/98-SR dated 17.11.98 and No.
5-10/2001-SR dated 1.12.2001
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(I) Heads of Circles were delegated with the
powers in the matter of grant of permission unions/associations to publish
journals/periodicals subject to the following conditions:-
(i) The circulation of the
journal/periodical is restricted to members of the branch union only.
(ii) The journal deals with the
service matters and does not publish news or comments not directly related to
such matters.
(iii) No material is published in the
journal/periodical in violation of then provisions of the Central Civil
Services (conduct) Rules, 1964 as amended from time to time.
(iv) The Union should not use
intemperate language in the journal.
(2) While considering the
request, it would be ensured that applications are accompanied by a copy of
the letter from Registrar of newspaper accepting the title of the magazine
and clearance from local/district or State Authorities.
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XV. GUIDELINES FOR RECOGNITION OF FEDERATION
No. 2/14/98-JCA dated 3rd July,
02 circulated vide No. 6-2/2002-SR dated the 19th July, 2002
(I) The Administrative
ministries/Departments may consider granting Recognition to the Federation with
the approval of minister in charge subject to the condition that affiliated
unions/associations are recognized under CCS(RSA), Rules, 1993. For this
purpose following documents are required to be submitted by the Federation
Seeking Recognition.
(a) Constitution and bye-laws
(b) Authorization letters of the
unions/associations affiliated to the proposed Federation.
(c ) Membership of the
individual affiliated recognized unions / associations based on the
verification of membership under the check off system along with list of the
office bearers and the categories represented by them.
(d) Names of the office bearers of
the Federation
2. it will be open to the
Government to withdraw Recognition at any time after giving an opportunity to
the Federation to present its case, if they fail to comply with any of the
conditions prescribed under Rule 6 of CCS(RSA0, Rules 1993 or any other
conditions as may be prescribed in this regard.
3. It is also clarified that the
continued existence of a Federation depends on he status of its affiliated
unions/associations. The Recognition of the Federation shall stand withdrawn at
any time its affiliated associations/unions are either derecognized for any
reasons or its affiliated associations/unions withdraw their affiliation to the
said Federation.
4. If any a Ministry/Department
had granted recognition to any Federation the same may be withdrawn
immediately, if the above guidelines are not satisfied. The concerned
Federation, if they so desire, may submit a fresh application seeking
Recognition in accordance with these guidelines.
5. Before the proposal for grant
of Recognition to the Federation is processed, the ministries/Department may
refer one sample case to DOP&T for vetting the draft constitution or any
other relevant document submitted by the Federation.
XVI. MISCELLANEOUS
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No. SPA-78/54 dated 12.2.54 & No. SPA-70-69
dated 19.2.58
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1. The unions should not use
intemperate and objectionable language against officers in their
correspondence as well as journals.
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No. 70-62/58-SPA dated 20.12.58
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2. If a letter received from a
union by an officer contains intemperate and offensive language, no notice
would be taken until the defect is rectified.
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No. 21-4/70-SR dated 27.6.70 reiterated vide
letter No. 21-3/92-SR dated 22.6.92
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3. The Departmental officers
should not encourage any joint conference of two or more unions at circle or
divisional levels. Joint Conference means, the practice of holding Joint
Conferences at the circle/divisional level of more than two
unions/associations for the purpose of elections etc., at this level. It is,
therefore, reiterated that wherever such instances of holding joint
conferences come to the knowledge of the Department, the same may not be
encouraged.
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No. 16-4/83-SR dated 23.7.63 & no.
3-4/84-SR dated 15.10.84
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4. The suggestions received from
the Unions with a view to improving the efficiency of the services may be
discussed with the Unions at circle and central levels. If any suggestions
are received for discussion, they may be included in the agenda for
discussion in the prescribed periodical meetings at all levels including the
Postal Departmental Council and the Regional Councils of JCM.
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No. 10-17/77-SR dated 1.12.77
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5. one of the conditions of the
Recognition rules requires that a list of members, an up to date copy of the
constitution and an audited statement of accounts shall be furnished to the
Government annually through proper channel after the general annual meeting
is held. The union should ensure that (1) a list of membership (2) an audited
statement of accounts (3) an up to date copy of the constitution are invariably
furnished to the Director General annually in compliance with the conditions
of the Recognition rules.
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No. 38-4/74-NB dated 25.1.75
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6. Subject to availability,
minimum Government office accommodation may be allotted for office purpose to
recognized unions and Associations. The rent shall be charged on the basis of
standard rent under FR-45-A or pooled standard rent under FR-45-A where rents
have been pooled. In addition, service charges etc., shall also be recovered
from the unions and Associations.
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No. 23-21/66-SR dated 3.12.66
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7. It is not necessary for all
India unions to forward to the Directorate resolution passed by their Branch
unions at various annual conferences. The All India unions, if they like, may
send to the Administration, the resolutions passed at their All India
Conferences for information.
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No. 10-31/71-SR dated 30.8.71 & No.
10-3/0-SR dated 23.10.86
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8. The representatives of
recognized unions / Associations should be invited to attend all formal
functions of the Department as matter of courtesy and gesture of goodwill and
the following procedure may be adopted:
1) in respect of the functions,
where members of the public are not invited, only the presidents and the
Secretaries General of the Federations and General Secretary of the concerned
unions/associations are to be invited to attend such functions.
2) For functions like laying of
foundations, inauguration, opening ceremonies etc., of postal buildings and
installations, where members of the public are invited, the invitation is to
be extended to the Presidents and the Secretaries General of all the
recognized unions/associations.
3) on occasions like
inauguration of postal week celebrations etc. where public cooperation is
enlisted, the invitation shall be extended to the unions/associations
representatives as in (2) above.
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No. 31-1/81-GA/SR dated 29.12.81
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9. The Federations have been
informed that they have not been granted facilities for erecting flag mast
and flying unions / associations flags in office premises used either in
Departmental or rental buildings.
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No. 10-3/87-SR dated 21.7.87
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10. As per the prescribed
channel of communication, the all India unions/Associations can address DG
(Posts) on various subjects. They can correspond directly with the concerned
Deputy Director General also on any subject which they want to take up with
the DG (Posts). (A list of Dy. Directors Generals and the Sections working
under them along with the list off items of work dealt with by various
sections has already been forwarded tall recognized unions/associations).
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XVII. INSTRUCTIONS REGARDING NO WORK – NO PAY
Department of personnel & Training
F. No. 41016(S)/90/Estt.B Dated 1st may,
1991
XVII. INSTRUCTIONS REGARDING NO WORK – NO PAY
Department of personnel & Training
F. No. 41016(S)/90/Estt.B Dated 1st may,
1991
Subject: Treatment of period of strike by
Central Government Employees
Attention of the Ministry of Finance, etc., is
invited to the Department of personnel & Administrative Reforms OM No.
33011/1/77-Estt.B dated the 25th April, 1978 in which the
ministries/Departments were requested to ensure compliance of the following
directions of the Cabinet, namely:-
i)
all ministries/Departments must observe the principle of “no work-no pay” and
this should not be circumvented in any way including by grant of leave for the
period of a strike: and
ii)
on all important service matters which re likely to have repercussions on other
services (e.g. action taken against Government employees participating in
strikes, all ministries/Departments, including the Ministry off Railways,
should, with a view to ensuring the maximum possible uniformity in the general
approach, consult the Department of personnel & A.R. ( now Department of
personnel & Training) before taking/announcing any decision so that
embarrassment to the Government in dealing with the generality of civil
services is avoided.
2.
notwithstanding he above directions, the Department of personnel & Training
has been receiving several references from Central Government offices that in
the case of employees who had participated in a strike, the period of absence
may be treated as duty or leave instead of applying the principle of “no
work-no pay”. It has also come to notice that in some cases, the
Ministries/Departments and taken decisions on important service matters likely
to have repercussions on the services without consulting this Department and in
contravention of the said directions.
3.
The principle of “no work-no pay”, is laid down in proviso to Fundamental Rule
17 (I) which provides that any officer who is absent without any authority
shall not be entitled to any pay and allowances during the period of such
absence. The principle was examined in depth by the Supreme Court and upheld in
the Civil Appeal No. 2581 of 1986 – bank of India Vs T.S. kelawala & others
(1990 (3) SLJ). Though the issue did not pertain directly to applicability of
the principle to Government servants, the Court has analyzed the principle in
all its facets and its observations are relevant. Some relevant extracts of the
Supreme Court judgment delivered on 4th May, 1990 are as
under:-
Where the contract, Standing Orders or the
service rules /regulations are silent on the subject, the management has the
power to deduct wages for he absence from duty when the absence is a concerted
action on the part of the employees and the absence is not disputed. Whether
the deduction from wages will be pro rata for the period of absence only or
will be for a longer period will depend upon the facts of each case such as
whether there was any work to be done in the said period, whether the work was
in fact done and whether it was accepted and acquiesced in, etc.
It is not enough that the employees attend the
place of work. They must put in the work allotted to them. It is for the work
and not for the mere attendance that the wages/salaries are paid.
It is clear that wages are payable only if the
contract of employment is fulfilled and not otherwise. Hence, when the workers
do not put in the allotted work or refuse to do it, they would not be entitled
to the wages proportionately.
Whether the strike is legal or illegal, the
workers are liable to lose wages for the period of strike. The liability to
lose wages does not either make the strike illegal as a weapon or deprive the
workers of it. When workers resort to it, they do so knowing fully well its
consequences. During the period of strike, the workers withhold their labour.
Consequently, they cannot expect to be paid.
4.
in the light of the above, the Cabinet has now reviewed the general policy in
this regard and directed that all ministries/Departments must observe the
instructions contained in Department off personnel & Administrative Reforms
O.M. of 25th April, 1978 (reproduced in para 1 of this OM)
scrupulously.
5.
ministry of Finance etc., re accordingly requested to bring the directions f
the Cabinet to the notice of all concerned for strict compliance in future.
Sd/-
(M.S.Bali)
Dy. Secretary to the GOI
XVIII. INSTRUCTIONS REGARDING BANDH
DOP&T’s OM No. 27/6/71-Estt.(B) Cabinet
Sectt. Dated 1st Nov, 1971
The absence of Central Government employees on
a day or days of bandh may fall under one of the following categories.
i)
Where a Government servant had
applied or applies for leave for the day or days of the Bandh for genuine
reasons, e.g. medial grounds, of which the competent authority is satisfied:
ii)
Where the competent authority is satisfied that the absence of individual
concerned was entirely due to reasons beyond his control i.e. due to failure of
transport or disturbances or picketing or imposition of curfew, etc.,
iii)
Unauthorized absence, i.e. where conditions mentioned in (i) or (ii) above are
not satisfied.
2.
As regards the first category, leave of the kind due and
admissible, including casual leave, may be granted to the Government servants
concerned. As regards the second category, if the competent authority is
satisfied that the absence was due to failure of transport facilities, special
casual leave may be granted to such Government servants who had to come from a
distance of more than three miles to their place of duty. If the absence was
due to picketing or disturbances or curfew, then too special casual levee could
be granted to regularize the absence, without insisting on the condition that
the distance between their place of duty and their residence should be more
than three miles. Special casual leave in either of the cases mentioned above
may be granted with the concurrence of the Ministry/department concerned.
3.
As regards the third category mentioned above, under the proviso to Fundamental
Rule 17(I), an officer who is absent from duty without any authority, shall not
be entitled to any pay and allowances during the period of such absence.
Unauthorized absence of this kind, apart from resulting in loss of pay and
allowances for the period of such absence, would also constitute break in
service, entailing forfeiture of past service for all purposes, unless the
break itself is condoned and treated as dies-non. If the break is condoned and
treated as dies-non by the competent authority, the service rendered prior to
the break will be counted for all purpose, but the period f the break itself
will not count for any purpose.
4.
There might, however be a case in which a number off Government employee acting
in combination or in a concerted manner may absent themselves from duty for a
part of a day only. The provisions of ministry of home Affairs OM No.
60/17/64-Estt.(A0 dated the 4th August, 1965 shall not apply to
such a case. Their absence even for a part of a day in the above circumstances
shall be deemed to be unauthorized absence for a whole day, and action may be
taken in regard to the unauthorized absence as outlined in paragraph 2 and 3
above.
(D kishan Rao)
General
Secretary
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