NFPE SOUVENIR

Monday 1 November 2010
Dear Comrade Digamberji - The enclosed advertisements are for the SOUVENIR to be printed. Kindly page make up these advertisements. Articles from leaders are to be placed in between the advertisements as noted. The Articles are in a separate document enclosed in a separate email. Two Articles [KKN Kutty and M.Krishnan] will be sent shortly. Please make up the pages and send back by email for proof reading. Multi Colour; Full Page; Half Page; Quarter Page are all clearly noted for your convenience. Any doubt you may call Mahaveer Prasad in NFPE. I am shortly coming to Delhi and will come to Progressive Printers for final OK to printing - Before that all work we have to conclude - For the front cover page, India Gate Photo and our 8th Federal Council Banner can be clubbed, with the addition " SOUVENIR" ON TOP RIGHT CORNER - Regards - K.Ragavendran [09444919295]-- M.KrishnanSecretary General NFPE

EXTENSION OF ADHOC ARRANGEMENTS IN HSG-I

EXTENSION OF ADHOC ARRANGEMENTS IN HSG-I

Postal Directorate vide letter No.4-16/2002 SPB-II dated 29/10/2010 has intimated to all the Circle Heads that the matter for extending the Adhoc arrangements for a further period of six months has already been taken up with the Department of Personnel &Training and further orders in this regard may be awaited.

In view of the above all the circle heads are ordering further extension of adhoc arrangements in HSG-I until further orders subjected to the conditions prescribed in the earlier memos. This is for the information of the members.

Circular No 20/2010 Dated: 30th Oct. 2010

Dear Comrade,

The National Secretariat of the Confederation met today as per the notice issued. The following agenda items were discussed. The decisions taken on each item are as under

Item No.1. Review of participation of CGE in 7th September, Strike. Detailed reports on the participation of employees in the strike action were presented to the house by the representatives of various affiliates and State Committees of the Confederation. Reports received at the CHQ were also gone through. It was apparent from the reports that the participation in the strike action could have been much better had certain steps been taken at the appropriate time by the affiliates and the State Committees. It was also noted that wherever the State Committees of the Confederation were in existence and had taken initiative to mobilise the employees, the strike had been very successful. It was also evident from the discussion that wherever the affiliates had taken serious steps ,the strike participation had been very good. The best performance was reported by the Income tax Employees Federation, All India RMS and MMS employees Union and the All India Groundwater Board Employees Association. It was therefore decided that the State Committees must convene a meeting in which the leaders of all affiliates unions of that State (up to the Branch/Unit level) and the strike participation discussed in the presence of the National leadership. The Sectt. (CHQ) will indicate the schedule for such meetings.

Item No.2 Finalisation of the dharna programme at different State Capitals to protest
against the victimisations of employees of the IA & AD. Wherever it was not implemented.At the instance of the Secretary General All India Audit and Accounts Association, it was decided to defer the implementation of this programme for some time.

Item No.3. Finalisation of charter of demands (common to CGEs) and progamme of actions thereon.
Various issues were discussed which have arisen from the very retrograde recommendations and objectionable implementation of them by the Government. Though the issues have been taken up in the National Anomaly committee and at the National Counil, the meeting felt that no positive outcome should be expected thereof. The house also felt that the large number of anomalies created by the 6th CPC can only be rectified by a total wage revision. Taking this view into account, it was proposed that we should demand a fresh revision of wage structure with effect from 1.1.2011 for the 6th CPC tenure would complete the 5 year period on that date. Since the Government has conceded to effect wage revision in the case of PSU employees after every five years, the meeting felt that this demand is appropriate. The meeting also noted that by 1.1.2011, the D.A component in the wages would exceed 50%. The meeting therefore decided that a comprehensive charter should be adopted at the next meeting of the National Council of the Confederation.

Item No. 4 and 5 were deferred for discussion at the National Council.(Subscription from affiliates and adhoc bonus)

6. Affiliation application: In the case of Bureau of Mines Safety, Dhanbad, the meeting asked the Sectt. to depute a representative to go to Dharnbad and hold discussions with all concerned and submit a report to the Sectt. for taking further decision in the matter In respect of Survey of India, Com. President informed the house that he along with the Secretary General had been to Dehradun sometime back and it was decided that all organisations in the Survey of India including the newly formed Topographical employees association will form a Co-ordination Committee and the same will seek affiliation with the confederation. The meeting decided to request all organisations in the Survey of India to constitute the Co-ordination Committee. The meeting decided to grant affiliation to the Association of Lakshadweep employees. The meeting also decided to depute one of the Sectt. members to go over to A&N Islands with a view to revive the functioning of the State Committee of the Confederation.

Item No. 7. Venue and date of next Council meeting. It was decided to hold the National Council at Mumbai on Ist December, 2010 for which a separate notice is being issued.

Item No.8. Any other matter with the permission of the Chair. At the request of Com. P.V. Ramachandran, the house decided that the Confederation should demand that those cadres which were included in the JCM scheme at the inception (Since they were Group C employees then)should continue to be the categories eligible to participate in the JCM irrespective of the new classification ordered by the Department of Personnel from time to time.
The house also decided to take up the matter of inclusion of all Audit employees including Railway Audit employees to be covered by the CGHS scheme as before.

With greetings,
Yours fraternally,
K.K.N. Kutty
Secretary General.

TIMELY CONFIRMATION IN VARIOUS CENTRAL CIVIL SERVICES - ISSUE OF GUIDELINES - DOPT ORDER

No.1801/1/12010-Estt. (C)
Government of India
Ministry of Personnel. Public Grievances & Pensions
(Department of Personnel & Training)
*************
New Delhi 110001
Dated: August 30,2010

OFFICE MEMORANDUM

SUBJECT: Timely confirmation in various Central Civil Services- issue of guidelines.

The undersigned is directed to say that the Supreme Court in its judgement on 8.7.2010 in civil appeal No.596 of 2007 (appeal of Khazia Mohameed Muzammil v/s State of Karnataka & Anr.) examined the contention of automatic/deemed confirmation after the expiry of the probation period. After examining the various judgements, the Apex Court were of the considered opinion as to what view has to be taken would depend upon the facts of a given case and the relevant ruler in force.

2. In para 22 of the judgement, the Apex Court observed as follows:-

"Before we part with this file, it is required of this Court to notice and declare that the concerned authorities have failed to act expeditiously and in accordance with the spirit of the relevant rules. Rule 5(2)of 1977 Rules has used the expression 'as soon as possible' which clearly shows the intent of the rule framers explicitly implying urgency and in any case applicability of the concept of reasonable time which would help in minimizing the litigation arising from such similar cases. May be, strictly speaking, this may not be true in the case of the appellant but generally every step should be taken which would avoid bias or arbitrariness in administrative matters. no matter, which is the authority concerned including the High Court itself. Long back in the case of Shiv Kumar Sharma v/s Haryana State Electricity Board (1988) Supp. SCC 669] this Court had the occasion to notice that due to delay in recording satisfactory completion of probation period where juniors were promoted, the action of the authority was arbitrary and it resulted in infliction of even double punishment. The Court held as under:

'While there is some necessity for appointing a person in government service on probation for a particular period, there may not be any need for confirmation of that officer after the completion of the probation period. If during the period a government servant is found to be unsuitable, his services may be terminated. On the other hand. if he is found to be suitable, he would be allowed to continue in service. The archaic rule of confirmation, still in force, gives a scope to the executive authorities to act arbitrarily or malafide giving rise to unnecessary litigations. It is high time that the Government and other authorities should think over the matter and relieve the government servants of becoming victims of arbitrary actions.'

We reiterate this principle with respect and approval and hope that all the authorities concerned should take care that timely actions are taken in comity to the Rules governing the service and every attempt is made to avoid prejudicial results against the employee/probationer. It is expected of the Courts to pass orders which would help in minimizing the litigation arising from such similar cases. Timely action by the authority concerned would ensure implementation of rule of fair play on the one hand and serve greater ends of justice on the other. It would also boost the element of greater understanding and improving the employer employee relationship in all branches of the States and its instrumentalities."

3. In this Ministry's O.M.No.I8011/186-Estt(D) dated 28.3.1988 (copy enclosed), instructions have already been issued to the effect that confirmation will be made only once in service in the entry grade, but for some exceptions specified therein. Instructions on timely action to confirm or extend the probation have also been issued vide O.M. No.18011/2/98-Estt.(C) dated 28.8.1998. Seniority has also been delinked from confirmation in the O.M.No.20011/5/90-Estt.(D) dated 4.11.92.

4. The above directions of the Apex Court are brought to the notice of all Ministries/Departments for ensuring compliance of the above instructions.

s/d
(Mamta Kundra)
Joint Secretary to the Govt. of India

WORKERS ELIGIBLE FOR INTEREST ON GRATUITY, RULES MADURAI BENCH OF HC

An employee becomes eligible for gratuity on the termination of his employment after he has rendered continuous service for not less than five years, according to Section 4(1) of the Payment of Gratuity Act, 1972.

He is also entitled for interest on the gratuity in terms of Section 7(3) and 7(3A). Making these clear, the Madurai Bench of the Madras High Court directed the Arumuganeri Salt Workers Co-operative Production and Sale Society Ltd, Thoothukkudi district, to pay the amount to its worker, Mr A. Rajan, within 30 days from date of receipt of a copy of this order without further driving him to any other forum.

Mr Justice K. Chandru, hearing a writ petition from the Society challenging the order dated January 27, 2009 of the Appellate Authority under the Act, Madurai (R-2), directing it to make interest payment if gratuity was not paid within 30 days from the date of his order, noted that from the beginning, it was the stand of the petitioner Society that R-1 (Mr A. Rajan) was not eligible for gratuity. If Sections 7(3) and 7(3A) were read together, then there was no difficulty in understanding the eligibility for receiving interest. In the present case, the Appellate Authority had correctly construed the legal provisions and there was no case made out to interfere with the interpretation placed by the Authority.

The petitioner contended that payment of interest would arise only when there was delayed payment, and in this case, there was no delay since they had paid gratuity as ordered by R-2, and hence the question of payment of interest would not arise. This Court was unable to accept the said statement, since the entire controversy was with regard to the legal provision.

Reading Section 4(1) of the Act it would be clear that the date relevant for determination of interest was the date on which gratuity became payable, which in the present case was when R-1 resigned his job on 1-6-2003. When R-1 issued notice for payment of gratuity, petitioner employer did not honour the notice. On the contrary, it was only when R-1 instituted a claim before the Controlling Authority, the petitioner contended about the irregular nature of his employment and his alleged disqualification from receiving gratuity.

In the light of these, the writ petition stood dismissed, the Judge held.

Source: The Hindu