Flash News!!! Directorate detailed reply to AIAPS regarding Postmaster cadre restructure!

Dear Postmasters,

         To the earliest completion of Postmaster Cadre restructure, necessary action were mounted by our All India Association of Postal Supervisors and in this regard, following detailed reply was submitted to our association by the postal directorate.

Directorate detailed reply to AIAPS regarding Group C cadre restructuring!!!

Dear Supervisors,

        To the earliest completion of Group C cadre restructure, demand was placed by AIAPS association with directorate on 25.05.2017 and detailed meeting was held with Secretary Posts on 25.07.2017 and in this regard, honorable CAT chennai bench verdicts also directed to settle the demand to the earliest. In this regard, Department had submitted the detailed reply to our All India Association of Postal Supervisors association.

        It is pertinent to mention here that for one time relaxation proposal was taken with staff branch, and the promoted officials may get one time relaxation to next higher stage shortly.

 AIAPS Demand:

Directorate reply:

Supreme Court to revisit its ruling on SC/ST quota in promotions

A five-judge Constitution bench will examine the limited issue as to whether the 2006 verdict delivered in M Nagaraj and other versus Union of India was required to be re-looked at or not.

The Supreme Court on Wednesday agreed to consider whether its 11-year-old judgement dealing with the issue of application of the ‘creamy layer’ for reservation to SC and ST categories in promotion in government jobs needs to be revisited.

The top court said that a five-judge Constitution bench will examine the limited issue as to whether the 2006 verdict delivered in M Nagaraj and other versus Union of India was required to be re-looked at or not.

SC/ST promotion quota verdict under Supreme Court lens

The Supreme Court on Wednesday decided to examine if there was a need to reconsider its decade-old constitution bench judgment making it virtually impossible for the Centre and states to provide reservation in promotion for SCs and STs in government employment.

Within 24 hours of a two-judge bench making a reference on the need for reconsideration of the 2006 judgment in M Nagaraj case to Chief Justice Dipak Misra under Article 145(3) of the Constitution, a three-judge bench of the CJI and Justices A K Sikri and Ashok Bhushan agreed to place the matter before a five-judge bench to examine the bunch of petitions filed by some states and SC/ST employees' associations.

IMPORTANT CAT JUDGEMENT ON 6th CPC RECOMMENDATION REGARDING GRANT OF HIGHER INITIAL PAY FOR DIRECT RECRUITS.

Click here to view - CAT  Judgement

PM Grade Petitioners will do the needful to re-present the case again at Supreme court if not allowed them in the upcoming PSS Group B exams!!!

Dear Postmasters,

           Because of the learned counsel's defects, supreme court case was dismissed against the plea of Postmaster Grade officials to allow them in PSS Group B exams.

            How ever petitioners will represent the case again, with another counsel soon.

Case history:

Hon'ble Madras CAT had given the verdicts favorable to the Postmaster Grade Officials to allow them to appear in PSS Group B during 2012

Hon'ble Madras High Court had given the verdicts favorable to the Department in the appeal suit during 2014.

The Case was again appealed to the Supreme court during the period of 2015, and that was not properly put forth to the supreme court by the learned counsel.

Supreme court order copy is furnished below:

Hon'ble CAT Ernakulam Bench directed Department to hold examination separately for each vacancy year

Judgement by Supreme court for payment of “EQUAL PAY FOR EQUAL WORK” to Daily/Casual/ Adhoc employees

The Hon’ble Supreme Court in its Historical 102 pages Judgment in Civil Appeal No. 2013 of 2013 dated 26.10.2016 has directed that Temporary Employees, Adhoc Appointees, employees appointed on Casual basis, contractual employees and the like, if the concerned employees are rendering similar duties and responsibilities as were being discharged by regular employees holding the same/corresponding posts are entitled “for equal pay for equal work” such employees are entitled for draw wages at the minimum of the pay scale extended to regular employees holding the same posts. 

Click here to view the Copy of Supreme court Judgement.

Position of Tamilnadu regarding the legal battle to appear in PSS Group B exams

Dear Postmasters,

          We are receiving various queries from our members regarding the position of Tamilnadu for appearing in the PSS Group B exams. We are bounded to clarify the following things for the members.

1. During 2011 itself CAT case was filed by the Tamilnadu Postmasters at Chennai CAT for appearing in PSS Group B exams and that was won by the Postmasters during 2012.

2. During 2013, Department is appealed in Chennai high court and that was won by the department during 2015.

3. During 2016, set of Tamilnadu Postmasters are filed the SLP petition at Supreme court and that is yet to be numbered.

4. Once getting the SLP number at Supreme Court, Tamilnadu Postmasters will fight back with proper legal way to get the legitimate rights at Supreme court where as some circles are already filed the CAT to appear in PSS Group B exams.

5. AIAPS team is in full swing to file the case at various CATs to the fair conduction of PSS Group B exam with equal opportunities among all of our beloved colleagues like IPs, LSG officials and as well as Postmasters.

Note :

Bangalore CAT admitted our case to allow PM cadre employees to write PSS Group B exam

CAT Bangalore admitted our case and issued emergency  notice to dop for allowing PM cadre officials to writing group b exam

Convert NPS to Old Pension Scheme - O.A. allowed - applicant deemed to have been appointed from the date of vacancy arosed

In the OA No. 180/00020/2015 filed before hon. CAT Ernakulam Bench (Kerala Circle) , Applicants are directly recruited Postal Assistants, appointed in the year 2005 against the vacancies arose in the year 2002. They are aggrieved by not including them in the statutory pension scheme under the CCS (Pension)

Hon. CAT, Ernakulam Bench (Kerala Circle) in OA No. 180/00020/2015 dated 15.02.2016, allowed the O.A as no other third party interest is put in jeopardy and as the applicants will not be eligible for other benefits like pay for the aforesaid period. Hence it is declared that the applicants are deemed to have been appointed from the date the vacancy arose and that they shall be included in the CCS (Pension) Rules 1972. Respondents are directed to collect necessary subscription under the Provident Fund Rules and the contributions collected from the applicants under the new pension scheme shall be credited to their general provident fund account. It is made clear that no other financial benefits including increments and backwages have been granted to the applicants for the aforesaid period.

One day paid weekly off for casual workers-implementation of the Order of Hon ble CAT, Ahmedabad bench in the OA No. 214 of 2003 filed by Smt. Bhikaben Pratapbhai Prajapati

It has been decided that casual workers working in offices having a five day week may be allowed one day paid weekly off provided they have worked for a minimum of 40 hours during the said week. The relevant provisions of the Department of Personnel and Training OM No.49014/2/86-Estt (C) 7th June, 1988 are amended to this extent.

Usage of Aadhar: Guidance on the interim orders of the Hon’ble Supreme Court dated 11.08.2015 and 15.10.2015 -

File No. 10(36)/2015-EG-II(Part-IV)

Government of India

Department of Electronics & Information Technology

(E-Governance Division)

Electronics Niketan

6, CGO Complex

New Delhi-110003

Dated: 01 Dec 2015

OFFICE MEMORANDUM

Sub: Guidance on the interim orders of the Hon’ble Supreme Court dated 11.08.2015 and 15.10.2015 in WP. 494 of 2012 and other related matters.

I am directed to refer to the orders of the Hon’ble Supreme Court dated 11/08/2015 and 15/1or2015 in WP. 494 of 2012. UIDAI had sought the advice and opinion of the Attorney General (AG) on the usage of Aadhaar by CentrallState Governments. The advice} clarification received from Attorney General is as under:-

HISTORICAL JUDGEMENT - EMPLOYEES REGULARIZED AFTER 01.01.2004 WILL COMES UNDER OLD PENSION

Employees regularized after 01.01.2004 will be covered under Old Pension Scheme – Supreme Court

Please read this news paper report published in Tribune:-

All is Well today in our Writ Petition No. CW 6895/2015

Proceedings held today in brief

Today’s proceeding remains successful for us. Our advocate narrated the full facts and circumstances of our case and the Hon’ble Justice shows agreement. The Asstt Solicitor General of India who stood as the advocate of the respondents has admitted the genuine ground of our Writ Petition with the documents which we submitted in support of our rejoinder against the reply of the respondents. However, he informs the Hon’ble High Court that he doesn’t have any knowledge about the genuineness of the documents submitted by us and prays before the Hon’ble Court to allow him one more opportunity to come up with one Departmental Officer. His prayer has been granted with direction to list the case after Diwali for issue of appropriate Order.

!! All is well !!

TeamAIAPC

Stay Petition No. 4300 of 2015 against WP No. CW 6895/2015: A brief of proceedings today.

In today’s proceedings the Department has submitted reply against our Writ Petition No. 6895/2015. The Department also submits reply against our stay petition No. 4300/2015. As per opinion of the Hon’ble High Court, since an intermediate stay order has already been passed against the case which is in force, hence, further stay order is not necessary at this stage.

Further, the Hon’ble High Court is pleased to order for listing the case preferably in the next week for purpose of passing final order.

-TeamAIAPC

We have a little-bid set back this day: Preparing for tomorrow

In today’s Daily List of Hearing our case was at Sl No 58 out of total 116 cases. There was also a Supplementary List of Hearing of this day. It was our bad-luck that after hearing upto Sl No 30 of today’s Daily List of Hearing, the Hon’ble High Court has kindly heard the cases from Sl No 117 to 134 of the Supplementary List of Hearing. That means total 48 cases have been heard this day out of which one case took more than 2 hours.

However, after vigorous activity of our team led by our GS as well as our Advocate upto 7:00 pm this day, our case has been listed at Sl 153 of Supplementary List dtd 06/08/2015 which contains cases from Sl 140 to 157 under Court No 11. So we are hopeful that our case will definitely be heard tomorrow.

Hope for the best. Please bear with us. Please interpret Court No BS = 11.

TeamAIAPC

OA FILED BY IP/ASP ASSOCIATION TO FILLUP THE Sr.PM posts WAS DISMISSED

Filling of Sr Postmaster Cadre Posts - Judgement pronounced by CAT Bench CHANDIGARH on case filed by IP/ASP Association Haryana/Punjab Circles

CENTRAL ADMINISTRATIVE TRIBUNAL    CHANDIGARH BENCH 

ORIGINAL APPLICATION NO.1328/HR/2011

                                                              Order Reserved on 23.04.2015

                                                    Pronounced on       28.04.2015

CORAM:    HON'BLE MRS. RAJWANT SANDHU, MEMBER (A)

HON'BLE DR. BRAHM A. AGRAWAL, MEMBER (J) 

1. All India Association of IPASP, Haryana Circle through Circle Secretary Sh. Hira Lal son of Late Sh. Chandu Ram, age 47 years working as ASPO(HQ) Kurukshetra.

2. Subash Chander son of Sh. Ram Dia, aged 41 years, ASPO Yamunanagar Postal Sub Division, Yamunanagar.

3. All India Association of IPASP, Punjab Circle Headquarters, Chandigarh through Circle Secretary Hari Mohan son of Shri Kishan Pal, aged 50 years, officiating as Deputy Divisional Manager, PLI, office of Chief Post Master General, Punjab Circle, Chandigarh

4. Gopal Krishan son of Late Sh.S.Sharma Asstt. Supdt. Post Offices, East Sub Division, Chandigarh.

... Applicants

Versus

1. Union of India through the Secretary to Government of India, Ministry of Communications & Information Technology,  Department of Posts, New Delhi.

2. The Chief Postmaster General, Punjab Circle, Chandigarh. 

3. The Chief Postmaster General, Haryana Circle, Ambala.

Respondents

Present:               Sh. V.K. Sharma, counsel for the applicants.

Sh. Rohit Mittal, proxy for Sh. Rakesh Verma, counsel for the respondents.

O R D E R
 

BY HON'BLE MRS. RAJWANT SANDHU, MEMBER (A)
 

1. This O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

8(i) Quash the letter dated 3.10.2011 (Annexure A-1) by which Limited Departmental Examination for Promotion to the cadre of Sr. Postmaster (Gazetted) has been ordered to be held on 31.12.2011 which is against the Department of Posts, Postal Supdts/Postmaster Group B Recruitment Rules, 1987 as amended from time to time as there is no vacant post in the quota prescribed under the rules.

Refixing the Pay and Pension for HSG I Officiating staffs - Judgement Copy

Click to View the Judgement

HSG-I OFFICIATING PERIOD SHOULD BE COUNTED FOR PAY FIXATION & PENSIONARY BENEFITS

ONE MORE JUDGEMENT FROM CAT CHENNAI.. APPEAL FILED BY DEPARTMENT DISMISSED BY MADRAS HIGH COURT.

CLICK HERE