Friday, April 13, 2012

TRANSFER FACILITY TO G D S – CLARIFICATION


GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & IT
DEPARTMENT OF POST:: (GDS Section)
Dak Bhawan, Sansad Marg,
New Dehil – 110 001
No.19-10/2004-GDS (Part) Dated:10 April, 2012
To
Chief Postmaster General
Kerala Circle
Thiruvananthapuram – 695 033
LIMITED TRANSFER FACILITY TO GAMIN DAK SEVAKS – CLARIFICATION THEREOF.
This has a reference to your office letter No.CO/LC/21/OA/12 dated 27th Mar 2012 received only on 29.03.2012 seeking advice if the various categories of the GDS Posts as prescribed in Rule 3 (d) of GDS (Conduct & Engagement) Rules, 2011 could be classified based on the skills or hierarchy or TRCA slabs within these categories.
2. The issue has been examined in this Directorate and I am directed to clarify the position as under;-
(a) Rule 3 (d) the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 currently recognizes only the five categories of Gramin Dak Sevaks i.e. GDS BPM, GDS MD, GDS MC, GDS Mail Packer and GDS Stamp Vendor.
(b) With the issue and implementation of orders relating to downgrading the EDSO's to EDBO's the category of GDS SPM is not in vogue. For the purposes of TRCA, Gramin Dak Sevaks are closed as three categories i.e. GDS BPM, GDSMD/SV & GDS MC/Packer, Their TRCA has been fixed based on pre-revised scales of pay of the corresponding categories of regular Government employees on pro-rata bases. Their TRCA is further based on workload assessed as per laid down norms and slabs.
(c) There is no concept of higher or lower post or skilled within a category and /or amongst various approved categories as recognized from time to time.For the purpose of direct recruitment to MTS Group C post, their seniority is reckoned with reference to date of entry in any GDS post based on seniority in the concerned division as a whole. There is no categorization of various GDS posts into 'White Collar' or 'Blue Collar' and such a classification is not also defined anywhere.
(d) The 'Recruiting Authority' mentioned in Rule 4 and further defined in the Scheduled annexed to the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 is based on working arrangement and for administrative convenience only. As the Gramin Dak Sevaks are entitled to protection under Article 311 (2) of the Constitution as held by Apex Court, the concerned authority will exercise his disciplinary jurisdiction as per the categories of GDS, for which one is designated as recruiting authority.
(e) The existing provisions governing Limited Transfer Facility do not prescribe any restriction for allowing transfer form one category to another and amongst the various categories of Posts irrespective of TRCA slabs prescribed for these categories and even from one wing to another i.e., RMS to Postal or vice versa. The requirement is fulfilled of required qualification and other conditions for limited transfer facility.
(f) While circulating the Department of Posts, Gramin Dak Sevaks (Conduct and Employment) Rules. 2001 vide DG letter No. 22-1/2000-ED & Trg dated 24.04.2001, it was clearly provided in Para 4(ix) of letter dated 24.04.2001 that "executive instructions issued and published below the respective rules as also those brought out in other sections such as method of recruitment, etc of Swamy's Compilation of Service Rules for the Postal ED Staff shall also stand revised / amended mutandis in keeping with the amended / revised rules. Thus, the executive instructions providing for method of recruitment issued prior to circulation of the 2001 rules was provided by amending the Note II (iv) of Rule 3 of Rules and in accordance with the amended provision, limited Transfer Facility was provided under this Directorate letter No. 19-10/2004- GDS dated 17.07.2006 subject to terms and conditions mentioned therein.
(g) Hon'ble Supreme Court in the case of UOI Others vs. Kameshwar Prasad 1998 SCC (L&S) page 447 wherein the system and object of engaging EDA's and their status was considered and adjudicated upon, Held that P&T Extra Department Agent (C&S)Rules, 1964 are a complete code governing service, conduct and disciplinary proceedings against EDA's P&T EDA's Rules, 1964 were repealed and a fresh set of rules replacing the earlier rules was issued under GDS (Conduct & Employment) Rules, 2001 and thereafter 2001 rules have also been replaced by GDS (Conduct & Engagement) Rules, 2011.
(h) So far protection of TRCA is concerned, this Directorate letter No. 14-16/2001-PAP(Pt.) dated 11.10.2004 issued in supersession to all previous provisions provided for protection of TRCA on reduction of workload and redeployment of staff on abolition of post and not in cases where redeployment was made on request. These provisions were not applicable under transfers which have occurred under Limited Transfer Facility extended to GDS under this Directorate letter No. 19-10/2004-GDS dated 17.07.2006. Para 3 (iii) of this Directorate letter dated 17.07.2006 prescribed that TRCA of the new post shall be fixed after assessment of actual workload of the post measured with respect to the cycle beat in respect of GDS MD/MC/Packer/Mail Messenger in this Directorate letter No. 14-11/97-PAP dated 1.10.1987. Based on this analogy, the incumbents of GDS BPM post in terms of points. This Directorate vide letter No. 19-10/2004-GDS (part) dated 21.07.2010 prescribed further that on transfer to a new post, the GDS cannot have any claim for protection of their TRCA drawn in the old post and his/her TRCA will be fixed at the minimum of the TRCA slab of the transferred post depending upon the workload of the said post.
(i) The power to allow transfer under the Limited Transfer Facility is vested only with the Head of the Circle and not with any other lower functionary. The position on this has recently been clarified under No.19-10/2004-GDS (part) dated 19.03.2012.
3. In view of the foregoing, immediate action may please be taken to get rectified the stand in conformity with the above. In order to avoid controversies and different stands before the Court of Law in future, prior consultation/approval of the Head of the Circle in each court case is prescribed to the mandatory required before taking a stand before the Court of Law.
Sd/-
(Surender Kumar)
Assistant Director General GDS/PCC
Copy to:-
All Heads of Postal Circles except Kerala Circle- for information & disseminating the contenets to the notice of all concerned for strict compliance.

RETIRED OFFICERS OF CENTRAL CIVIL SERVICES CAN NOW GET THEIR ANNUAL CONFIDENTIAL PERFORMANCE REPORT AFTER RETIREMENT. THE GOVERNMENT HAS DECIDED TO HAND OVER ANNUAL CONFIDENTIAL REPORT (ACR)/ANNUAL PERFORMANCE ASSESSMENT REPORT (APAR) TO RETIRED PERSONS ON COMPLETION OF RETENTION PERIOD OF TWO YEARS, IF IT GETS WRITTEN REQUEST FOR THE SAME.



No.21011/1/2005 – Estt.(A) (Part 111) 
Government of India, 
Ministry of Personnel, Public Grievances & Pension 
Department of Personnel and Training
North Block, New Delhi 
April 2,2012
OFFICE MEMORANDUM
Sub: Providing copies of ACRs/APARs to retired officers of Central Civil Services/Posts.
The undersigned is directed to say that as per instructions contained in this Department’s OM No.51/5/72-Estt.(A) dated 20.5.1972,the ACRs in respect of officers may be destroyed 5 years after his/her date of retirement. The new rules adopted from the reporting year2008-09 provide that the whole contents of the APAR including the overall grading shall be communicated to the officer concerned for information/making a representation, if any, to the Competent Authority.
2. The questions of handing over the ACR dossier to the officer concerned after his/her retirement from service has been considered in this Department. It has been decided that after a period of retention of the ACR/APAR dossier for two years, if a specific written request is received from the concerned retired officer to this effect, the CR dossier may be provided to him. Before any ACR dossier is weeded out on completion the normal retention period, it may be certified by the concerned section that no request for handing over the ACR dossier has been received from that retired officer. However, if any disciplinary proceedings were pending finalization in respect of the officer at the time of his retirement, the period of two years shall count from the date of issue of final orders in the disciplinary proceedings.
(Prem Chand) 
Under Secretary to the Government of India

CLOSED HOLIDAY ON 14TH APRIL 2012 ON ACCOUNT OF BIRTHDAY OF DR. B.R. AMBEDKAR-REG.



Sub: Closed Holiday on 14th April 2012 on account of birthday of Dr. B.R. Ambedkar-Reg.
D.G. Posts No. 21-01/2010-PE-II dated 11.04.2012.
I am directed to forward herewith a copy of O.M. No. 12/2/2012-JCA-2 dated 27.03.2012 received from Department of Personnel and Training, on the above subject mentioned above for information and necessary action.
2. HOC/Regions are requested to bring the above decision to the notice of all concerned.
Sd/-
(Kalpana Rajsinghot)
Director(Estt.)
Copy of Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) (Department of Personnel & Training) O.M. F. N0.12/2/2012-JCA-2Dated the 27th March, 2012.
OFFICE MEMORANDUM
Subject: Declaration of Holiday on 14th April, 2012 – Birthday of Dr. B.R. Ambedkar.
It has been decided to declare Saturday, the 14th April 2012, as a Closed Holiday on account of the birthday of Dr. B.R. Ambedkar, for all Central Government Offices including Industrial Establishments throughout India.
2. The above holiday is also being notified in exercise of the powers conferred by Section 25 of the Negotiable Instruments Act, 1881 (26 of 1881).
3. All Ministries/Departments of Government of India may bring the above decision to the notice of all concerned.
Sd/-(Ashok Kumar)

AWAKE! ARISE!! UNITE COMRADES!! RALLY ROUND NFPE



Dear Comrades,
History has its own course. Nobody can prevent it.
The Gramin Dak Sevaks (GDS) Union was formed in the year 1999 by NFPE with the guidance and blessings of Com. K.Adinarayana, the Legendary Leader who scarified his whole life for the emancipation of GDS. But the union was hijacked by a group of persons who are totally against NFPE and thus Com. Adi and NFPE was cheated. They even prevented the GDS employees from shouting the slogan - “NFPE ZINDABAD”. They looted the GDS money in lakhs and crores. They purchased flats and buildings. All the benefits achieved by the NFPE through continuous struggle was snatched away by the Government one by one during the period from 1999 to 2011. Sufferings of the GDS increased but the ‘anti-NFPE group” could not do anything. Neros were fiddling when the Rome was burning. They continued to blame NFPE for their inefficiency. They published open letters in their journal challenging the NFPE leadership.
Through money power and muscle power this “anti-NFPE group” tried to silence all those who questioned the leadership and those protested were sent out of the union in a most undemocratic manner and adhoc-committees were appointed dismissing the duly elected bodies. Even in the earlier All India Conference, GDS delegates who contested against the leadership were not allowed to contest and were brutally attacked and thrown out from the conference hall.
It is at this juncture, the majority of the GDS delegates who attended the All India Conference held at Amaravathi decided to shape their own destiny. The new union of the GDS called “All India Postal Employees Union GDS (NFPE)” was formed on 7th April 2012 by the majority of the delegates. Thus the broken link of GDS with NFPE is restored after a long gap of twelve (12) years. Those black days are over. Once again the GDS are going to march forward under the banner of NFPE. We shall fight together for the cause of GDS. We shall fight against the Govt. which is totally unsympathetic towards the three lakhs Gramin Dak Sevaks.
In this joint struggle we shall abide by the great traditions of Com. Tarapada Mukherjee, Dada Ghosh, K.G.Bose, N.J.Iyer and Com. Adinarayana. Com: Adi, who fought many a battle for the emancipation of GDS shall be our guiding spirit and the mighty National Federation of Postal Employees (NFPE) shall be our hope and inspiration.
We shall restore the pride and honour of three lakhs Gramin Dak Sevaks. We shall unleash series of struggle including strike exclusively for realisation of the GDS demands. We shall restore our past fighting tradition and the glory of GDS.
Comrades,
On this occasion of launching the new website for the GDS, NFPE extend its warm greetings to the three lakhs Gramin Dak Sevaks.
Let us march ahead with determination.
Victory shall be ours.
Yours sincerely,
M.KRISHNAN
Secretary General,
National Federation of Postal
New Delhi, Employees (NFPE)