Saturday, 12 October 2019

RESOLUTION NO.1

RESOLUTION NO.1


To

The Secretary Posts,
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001
No. POA/CWC/ Resolution-1/2019                  dated 11-10-2019    

Subject:    Regarding issue of common orders for extending the benefit of bunching consequent upon placing IP and ASPs in the same GP w.e.f 1.1.2006

Respected Sir,

                Circle Working Committee meeting of the Postal officers Association was held on 7th and 8th September 2019 at Faizabad Ayodhya U.P. to discuss various issues pertaining to the cadre and one of the above long pending demands of the officers was discussed in detail. After discussion, following resolution was passed unanimously.

                “Postal officers Association unanimously resolve to urge Secretary (P) to issue common orders for the settlement of bunching issue by extending benefit to Sr. Officers in the manner already explained to the department vide letter dated 15-10-2018, copy of which is attached as Annex-I".

                It is therefore requested to kindly consider the resolution in the interest of service. Association hope that an early and favourable action will be taken by the department.

Yours sincerely,


(R N YADAV)
GENERAL SECRETARY
Postal Officer Association
Copy to:
1.    Sh. P.K.Bisoi, The Member (Personnel) Postal Services Board, Postal Directorate, New Delhi-110001
2.    The DDG (Establishment ) Dak Bhawan New Delhi-110001
3.    The ADG(PPC), Dak Bhawan New Delhi-110001
4.   The Director (SR) Dak Bhawan New Delhi-110001

Annex-I
POSTAL OFFICERS ASSOCIATION (INDIA)
Central Headquater : 17/3 B, Kali Bari Marg, New Delhi 110001
 To

Sh. A.N.Nanda,
The Secretary (Post)
          Department of Post
          Dak Bhawan, Sansad Marg
          New Delhi-100001

No.     CHQ/POA/1-30/2017-18                            Dated 15.10.18

Sub:  Request for redefining the financial benefits in term of 2nd ACP and 3rd MACP at appropriate GP to senior IPs/ASPs , consequent upon placing IPs & ASPs in the same GP of  4600/- w.e.f 1-1-2006 and extending benefit of bunching.

Respected Sir,

          Your kind attention is invited to a letter written by Postal officer association (Copy enclosed as Annex-I) to remove the anomaly occurred due to placing IPs and ASPs at the identical level of 4600/- w.e.f 1-1-2006. These orders nullified the promotion of ASPs (Gazetted) and placed ASPs now working as PS Group B officer in a detrimental and disadvantageous position.

Though briefed in earlier letters, it is again detailed that on the recommendation of 6th pay commission, the pay scale of ASPs was upgraded to 7450-225-10500 from 6500-200-10500. At that time pay of the ASPs were fixed with the multiple of 1.86 with addition of GP of 4600 with reference to what ASPs were drawing in the old scale of 6500-200-10500. This was done without extending benefit of bunching. Thus Department of Expenditure OM No.1/1/2008-IC dated 30.08.2008 given under Rule 7(1) (a)(i) & (ii) of CCS (RP) Rules-2008 was completely ignored which otherwise clearly envisages that whose scale has been upgraded from 6500-10500/- to 7450-11500/- in the pre-revised scale and placed in the pay band Rs.9300-34800/- in such cases bunching benefit should be extended in the following manner.

Stage
Basic Pay in the pre-revised pay scale of 6500-200-10500 with multiple factor of 1.86
Revised initial Pay in pay band PB-2  of Rs. 9300-34800/- without addition of GP of Rs.4600/-
Pay in pay band PB-2  of Rs. 9300-34800/- after including benefit of bunching in the pre revised scale 6500-10500
1.
6500*1.86=12090
Rs.13860
Rs.13860/-
2.
6700*1.86=12090
Rs.13860
3.
6900*1.86=12834
Rs.13860
Rs.14280/-
4.
7100*1.86=13206
Rs.13860
5.
7300*1.86=13578
Rs.13860
Rs. 14710/-
6.
7500*1.86=13950
Rs.13950
7.
7700*1.86=14322
Rs.14322
Rs. 15160/-
8.
7900*1.86=14700
Rs.14700
9.
8100*1.86=15066
Rs.15066
Rs.15620/-
10.
8300*1.86=15438
Rs.15438
   
          Furthermore, consequent upon placing ASPs and IPs in the same GP of 4600/- corresponding to the old pay scale of 7450-225-10500 that ASPs never enjoyed even prior to 1-1-2006, the promotion already given to ASPs in the lower scale of 6500-200-10500 has become redundant and need to be discarded. As clarified in DoPT OM No. 35034/1/97-Estt (D) (Vol. IV) dated 12.02.2000 and 18.7.2001, the ASPs are apparently eligible for 2nd ACP in the scale of 7500-250-12000 (GP of 4800/-) on completion of 24 years service.On introduction of MACP, the ASPs become eligible for 3rd MACP on completion of 30 years of service in the GP of Rs.5400/-.

        It is pertinent to mention here that Postal Directorate while circulating salient features of MACP has also clearly mentioned in para 5 (a) & (b) of the MACP scheme circulated from file number 4-7(MACPS) 2009-PCC dated 18-9-2009 that:
(a)                A Government servant who was recruited in the pre-revised pay scale 5000-8000 and who did not get a promotion even after 25 years of service prior to 1-1-2006 in his case as on 1-1-2006 he would have got two financial up-gradations under ACP to the next grades in the hierarchy of his organisation to the pre-revised scales 5500-9000, 6500-10500.
(b)               Another Government recruited in the same hierarchy in the pre-revised scale of Rs.5000-8000 has also completed 25 years of service but not got two promotions to the next higher grades of Rs.5500-9000 and Rs. 6500-10500 during his period.
Thus in both the cases, since GP of Rs. 4200/- will be granted so the promotion/Financial up-gradations given under ACP Scheme to the pre-revised scales of Rs. 5000-8000, 5500-9000 and Rs.6500-10500 so financial up-gradation will be granted both in the case of (a) and (b) above to the next higher grade pay of Rs. 4600/- and Rs.4800/- in the pay band PB-2.

             Besides, DG (P) in letter number 4-7/(MACPS)2009-PCC dated 11-1-2013 after taking clearance from DoPT has further clarified that prior to introduction of MACPS, promotion/financial up-gradation in Posts which carry the same GP due to merger of pay scales/up-gradation recommended by the CPC are to be ignored in terms of clarification given on point of doubt 1 of ACP dated 10-2-2000 for the purpose of ACP. Accordingly all promotions/ financial up-gradations in Posts which carry the same grade pay due to merger of Pay scales/ up-gradation under the MACPs provided the posts carry the same grade pay have been merged. In view of this, ASPs should be given GP of Rs.4800/- from 1-1-2006 i.e two promotion upto 1-1-2006 who completed 24 years of service. Thereafter 3rd MACP on completion of 30 years of continuous service from the date of joining in PA cadre in the GP of Rs. 5400/-.

          In view of the clarifications issued by Directorate and DoPT, It is requested that suitable orders may kindly be issued to circles to conduct review DPC for grant of ACP-II in the GP of Rs. 4800/- from 1-1-2006 for those who completed 24 years of service as on 1-1-2006 and 3rd MACP in the GP Rs.5400/- on completion of 30 years of service with all consequential benefits. Also as per Department of Expenditure OM No.1/1/2008-IC dated 30.08.2008 given under Rule 7(1) (a)(i) & (ii) of CCS (RP) Rules-2008 bunching benefit as required under the rules may kindly be ordered to extend.

           Thanking you and remains.

Yours sincerely,


(R N YADAV)
GENERAL SECRETARY
Postal Officer Association

To
Sh. A.N.Nanda,
The Secretary (Post)
                        Department of Post
                        DakBhawan, Sansad Marg
                        New Delhi-100001

No.     CHQ/POA/1-1/2019-20                                   Dated                    2.09.2019

Sub:    Request for issue of orders to grant financial benefits on 01/01/2006 to senior IPs, ASPs and Group B officers consequent upon placing IPs & ASPs in the same scale.
Respected Sir,

            Members of the Postal Officer Association (India) have been raising their concern for not settling the issue regarding grant of financial benefit to senior ASPs w.e.f 1-1-2006 but our Directorate is silent despite several requests from the staff side.  Consequent upon court verdict various orders like (i) placing of Inspector of Posts ( IP) in the Grade Pay of Rs 4,600/- from Rs 4,200/- w.e.f.  01-01-2006 on par with next hierarchical promotional Gazetted Post i.e. Assistant Superintendent of Posts (ASP) and (ii) grand of one increment in the same scale on promotion to next hierarchical Post of ASP cadre have been issued by the department for those who joined the department just after 2006 with all consequential benefits including arrears. These beneficiaries are being allowed the provisions of MACP at the upgraded level. Whereas far-far seniors who were working as ASPs on 1-1-2006, now Postal Service Group B officer have been placed in a detrimental and disadvantageous position. It is pertinent to mention here that many of our senior members are still working at level 8 whereas the juniors have been placed at level 9 on allowing benefit of 3rd MACP. It is a clear cut case of discrimination.

Sir, you will agree that consequent upon placing ASPs and IPs in the same GP of 4600/- corresponding to the old pay the scale of 7450-225-10500, the promotion already given to ASPs in the lower scale of 6500-200-10500 has become redundant and need to be discarded Hence, an anomaly occurred due to hierarchical problem. These orders nullified the promotion of ASPs (Gazetted). As a matter of justice, ASP should be allowed benefit of one increment as on 1-1-2006 as allowed to ASP promoted after 1-1-2006 in the same scale.

Reasons for Anomaly between IP & ASP on 1-1-2006. 

1.         Postal Directorate vide Memo No 2-12/2013-PCC dated 24.10.17 increased Grade pay of IP by Rs 400/- (from 4,200 to 4,600) from 1-1-2006.
2.         IP pay has been fixed minimum as Rs 17,140 ( Pay band Rs 12,540 + GP Rs 4,600) as on 1-1-2006 vide OM No. 8-23/2017-E.IIIA dated 28-09-2018 of Ministry of Finance  Department of Expenditure.
3.         Under the provision contained in OM No.10/02/2011-E.III/A of Ministry of Finance  Department of Expenditure dated 7-01-2013 one increment is given when IP promoted to ASP after 2006.
4.         Further, on 1-9-2008 after the introduction of MACP orders, a PA recruited after 1-9-1989 who is IP/ASP will get 4,800/-grade pay WITH INCREMENT in his 2nd MACP in just 20 years of service apparently earlier to Sr. ASP who got 4800 after 30 years.
In nutshell with all above orders/provisions some of the IP's pay either became equal or crossed the ASP after 1-1-2006 to 1-9-2008Reason for pay Anomaly between ASP & IP is due to placing/granting of 4,600 Grade Pay to IP on and after 1-1-2006 and ignoring the fundamental right of seniors.

Further calculation reveals that IPs as on 1-1-2006 are given Rs. 400/- increase in their Grade Pay and also will get one increment when they get ASP promotion after 1-1-2006 around Rs 600/-.  But contrary to this those who were ASPs as on 1-1-2006 and their pay was fixed after 6th pay commission was simply given multiple of 6500/- without even giving the benefit of fitment table. Now again on the promotion of these IPs to ASP will again get one increment + 4,800 GP under 2nd MACP around Rs 650 + 200 = Rs 850/-.

As explained above, after 1-1-2006 an IP by 1-9-2008 will get around Rs 400+600+850 = Rs 1,850/-.  While ASP has not given any benefit of creating an anomaly in the hierarchy.
ANOMALY is due to the WRONG decision of MoF/DoE/DoP as grade pay of ONLY IP was upgraded WITHOUT UPGRADING grade pay of ASP. Hence, Anomaly has to be set right.
.
Solution to set right Anomaly between IP and ASP

A.  Cadre of Inspector Post (Non-Gazetted) and ASP (Gazetted) have been placed in the identical GP of Rs. 4600/-. As provided in MOF OM No. 10/2/2011.E.III/A dated 7-1-2013, the fixation of pay on promotion from one post to another where promotional post carries the same GP as the feeder post, in such cases fixture of pay will be done in the manner as prescribed in Rule 13 (i) of CCS (RP) rules 2008.  Apparently, the officers who were working as ASPs as on 1-1-2006 are also eligible for the fixture of pay w.e.f 1-1-2006 in an identical scale for two different cadres after giving the benefit of increment.

B.        Since ASPs and IPs have been placed on the same scale so provision for grant of MACP or ACP will have to be redefined in view of the DoPT  clarification in its OM No. 35034/1/97-Estt (D) (Vol. IV) dated 12.02.2000 ( point of doubt No. 1)  and 18.7.2001, earlier promotion given is to be IGNORED COMPLETELY promotion earned /up-gradation granted under the ACP schemes in the past to those grades which now carry the same GP due to the merger of the scales/ up-gradation of posts recommended by the sixth pay commission shall be ignored for the purpose of up-gradation under MACPs.

 As such fixation is to be given afresh with increment on 1-9-2008 under MACP. As per VI pay Commission, change of grade pay should be accompanied by fixation only. Otherwise, Anomaly continues & hundreds of both serving & retired ASPs have to approach Court unnecessarily by spending thousands of rupees.

Association, therefore again urge your kind honour to issue orders with regard to extending benefits of Grade pay of 4800 and 5400 as on 01-01-2006 with increment in the same scale to all senior IPs/ASPs, who were promoted to ASP/PS group B cadre or had been granted 2nd financial up-gradation prior to 01/01/2006.

With profound regards

Yours Sincerely


R N Yadav
General Secretary
Postal Officer Association

Copy to:
1.    Sh. P.K.Bisoi, The Member (Personnel) Postal Services Board, Postal Directorate, New Delhi-110001
2.    The DDG (Establishment ) Dak Bhawan New Delhi-110001
3.    The ADG(PPC), Dak Bhawan New Delhi-110001

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