GDS Committee Report submitted to Dept on 24-11-16. Details will be published soon

work out quota remitted to all higher ups and discrepancy/outstanding quota to all higher ups as on 30-09-16

All divisional Secretaries should send their calculation sheet for 2013-14, 14-15 and 15-16. showing details of subscriptions received from Postmasters (DDOs), work out quota remitted to all higher ups and discrepancy/outstanding quota to all higher ups as on 30-09-16.

1.No.of members
2.Fee received
3.Quota remitted to circle
4.-do- CHQ
5.-do- NFPE
6.Division's accounts approved in div conference for last 3 biennial conferences.
7. Account number and bank  details in which union amounts are deposited.

Dnl Secretaries who are probably not using smartphomes and not in our what's app group must start using it and constantly be in touch.They are Surendranagar, Gondal, Sabarkantha, Mahesana. DS who are normally remaining inactive/non responding must be live in whatsapp. Porbandar, Jamnagar, Bharuch, Vadodara east, Vadodara west.

DEMONETIZATION SCHEME OF GOVERNMENT OF INDIA. PROBLEMS BEING FACED BY THE STAFF IN POs-REG.

National Federation of Postal Employees

1^st Floor North Avenue Post Office Building, New Delhi-110 001

Phone: 011.23092771                                             e-mail: nfpehq@gmail.com

       Mob: 9868819295/9810853981              website: http://www.nfpe.blogspot.com

     No. PF-66 /2016                                                                Dated : 12^th November,2016

To

            Shri B.V. Sudhakar,

            Secretary,

            Department of Posts,

            Dak Bhawan,

            New Delhi-110 001

Sub:    Demonetization Scheme of Government of India. Problems being faced         by the Staff in POs-Reg.

Sir,

            Under demonetization scheme, Post Offices have also been entrusted work of deposit and exchange of withdrawn old series currency notes of Denomination of Rs. 500/- and 1000/- on par with Banks. There is vast difference in the infrastructure and facilities between Banks and Post Officers.

2          The problems being faced by the staff are mentioned below:

            (i)         There is no note counting machines in most of the Sub Post Offices. As the cash is coming for deposit in huge quantity so the counting machines are required in each Sub Post Office. This process will continue upto 30th December, 2016 and there is possibility that the Government may extend the date, so the counting machines should be supplied as early as possible.

            (ii)        Fake currency detecting machines are  also  required to detect the fake currency notes  because  due to heavy rush it will be very difficult for staff  working on counters to identify the notes so the poor postal employees may be safe  guarded to become victim of loss.

            (iii)       The working hours of Post Offices have been fixed from 8 a.m. to 8 p.m. This is totally impractical and harassment of staff particularly for those who are working in SOs .As in SOs there is no cash remitting facilities. Cash to SOs is supplied from HOs. No where cash reaches at 8 A.M. For remittance of cash to and from SOs, no proper arrangement has been made by the local authorities. Remittance of cash by the staff working in SOs to HO in late hours is very risky as there are no safety arrangements. Necessary instructions in this regard may be issued to all concerned.

            (iv)       All single handed sub post offices should be provided one additional hand till the finalization of this demonetization scheme so that other works of Pos may also run smoothly.

            (v)        Orders should be issued to accept WOS notes for other Government deposits like PLI/RPLI and other SB Schemes etc because when one person in single handed  SO is giving WOS notes to deposit or exchange in one side and if it is refused to deposit in PLI/RPLI and other SB Schemes , it is accepted  this becomes cause of quarrel. So necessary orders may be issued in this regard.

            (vi)       Proper security arrangements should be made in all Pos and particularly, for lady employees working in SOs at far off places should be provided conveyance facility with security in late hours.

            (vii)      For extra working hours and for holidays and Sundays remuneration at par with Banks should be paid to the all postal employees deployed in this work. It has come to our notice that Banks are paying award @ Rs.3000/- per day to officers and @ Rs.2000/- per day to subordinate staff and lunch & dinner allowance @ Rs.500/- per day.  Same may be paid to Postal Employees.

            (viii)     The huge amount of WOS notes is being accumulated in the Treasuries of HPOs with whom remitting is made and the SBI is refusing to accept the same Therefore, it is requested that the higher authorities of RBI and SBI should be contacted to cause the orders for their branches  to accept the WOS Cash from HOs so that surplus cash may be cleared from the treasuries of HPOs.

            It is therefore, requested to kindly cause suitable action on all above mentioned problems so that the aggrieved Postal Staff may get some relief.

            With regards,

Yours Sincerely,

            (R.N. Parashar)

                                                                                                                    Secretary General

Let us make dedicated endeavors for diverting masses for opening new Post SB accounts.

Obviously, all Postal employees are working hard for exchanging of withdrawn currency notes and transactions. We are placing all points relating to problems or requirements and administration is quite positively responding to the essential issues. 

WE ALL MUST OPEN MAXIMUM POSSIBLE NEW SB ACCOUNTS BY DIVERTING MASSES FROM QUEUES FOR EXCHANGE OF CURRENCY.   WE MUST DISPLAY BANNERS, DISTRIBUTE PAMPHLETS, EXPLAIN BENEFITS OF HAVING ACCOUNT AND ATM IN PO, PERSONALLY ADVISE PO VISITORS TO OPEN NEW ACCOUNTS AND TAKE THIS GOLDEN OPPORTUNITY OF OPENING REAL ACCOUNTS.

THERE IS HEAVY BURDEN BESIDES STAFF SHORTAGE IN OPERATIVE OFFICES BUT WE SHOULD PUT 100% BEST POSSIBLE EFFORTS WITHOUT MAKING SMALL POINTS A BIG ISSUE. I ALSO REQUEST DO AND OTHER ADMINISTRATIVE STAFF TO EXTEND THEIR MAXIMUM HELP BY SPARING SOME TIME FOR THIS JOINT VENTURE.

Supply of Fake Detecting Machine to all Post Offices in Gujarat circle, and supply of 3 machines at each big offices or HOs.

AIPE UNION Group 'C'

Gujarat Circle

................. . ..  .     .......

No.CPMG/urgent/2016   Dated: 10-11-2016

To

CPMG

Gujarat circle, Ahmedabad-380 001

Sub:   Supply of Fake  Detecting Machine to all Post Offices in Gujarat circle, and supply of 3 machines at each big offices or HOs.

Sir,

Namaskar. You are aware that the Government of India  has stopped transaction of Denomination of Rs.500 and Rs.1000 Currency Notes and ordered to deposit  these in the Banks and Post Offices .There is every possibility that fake currency may be deposited in Post Offices  and due to heavy rush it will not be possible to detect the same by employees.It is therefore, requested to kindly cause suitable action to provide Fake Currency detecting Machines to Post Offices so that the poor Postal Employees may be safeguarded from the loss.

With regards

Yours Sincerely,

(Rashmin Purohit)

Circle Secretary 

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This is cause of our sufferings

From a young member:

Thank you so much sir to raise and forward our voice to the authority.  When department or higher authority understand or agree with second last passage of this letter, surely problems will solve permanently.

My reply:

Until and unless our staff shows unity and readiness for not doing flattering or get afraid of rejecting illegal work like  splitting of accounts or opening fake APY accounts, there can be no improvement. We can give notice for agitation and strike against victimization & non supply of adequate manpower/ computer related equipments but how much of us would follow our call in one voice and one direction?

Many of divisional leaders of various unions need to introspect and access whether they are performing their real role by strong leaderships? Whether each and every act of irregularly, injustice and discrimination is opposed? Whether main leaders work in main office and be in touch with majority of staff? Whether all required items regarding staff problems are taken in writing on letters or agenda in monthly meetings? I am not criticising any individual but we all leaders and members also need a sincere introspection and take corrective measurers. None of us, belonging to any Union, should waste energy in confronting, competing or complaining only. We must build up rock like strong unity, Friends. We must be able to procure 'Trust' of our membership in us. 

 This is cause of our sufferings.

-rashmin purohit.

We demand total closure of offices on Diwali. We oppose illusive achievement of business.

NATIONAL FEDERATION OF POSTAL EMPLOYEES

ALL INDIA POSTAL EMPLOYEES UNION GROUP 'C'

GUJARAT CIRCLE

..........................................................

NO. CPMG/Targets/Victimization/16. Dated October 27th, 2016

To,

Chief PMG

Gujarat circle, Ahmedabad

Respected sir,

Namaskar. I convey that staff from different corners are complaining that our Circle didn't declare Diwali as Holiday on 29th and on other hand it will be a matter of "families' resentment" because Diwali is the top:1 festival in Gujarat, waited by families for whole year. No customers are used to come to POs on Diwali. No banks are opened for same work of Gold bond. We will definitely work like volunteered team for real business but in any case, please withdraw instructions and convey to all DHs not to keep any PO open on Diwali.

Staff side also urges for direction to heads of units not to do illusive business and force only own staff under hidden threats for purchadiy gold bond or opening accounts in violation of Dte instructions dated 19-8-15 & 14-3-16 and CO Ahd dated 18-4-16. Huge number of accounts in Rajkot Division and whole region are opened @Rs.20 denominations by staff only. Huge number of passbooks with one entry with hundreds of staff including GDS gives safe passage to commit fraud. Recently one fraud came to light in Rajkot region in which, as heard, such number of passbooks for only one account holder on same date has facilitated fraud. Last year lacs of accounts were opened by splitting and this year such accounts will be closed. Please see how much loss of stationary, manpower and other cost our department will suffer on account of thrust for illusive achievement of targets and also fix responsibility. Last year also such pressure was created by local officers and in Ahmedabad GPO, APY accounts of ineligible postmen staff were forcefully opened by showing their wrong DOB as 18 years age, though they were above 55 years age. We had submitted complaints to Hon. Minister as well as PMO regarding mischievous achievement.No action has been taken against such officer so far. In Gondal dn there are 60 applications for Gold bond..!! But all applications are from staff! Even SSP Rajkot had to open 250 accounts @Rs.20 though he knows that splitting of accounts is not permissible. How sad and ridiculous that we are doing business to our own staff, who under emotional black mailing and fear of victimization by local administration, becomes volunteer to be victim. SP/SSP prays staff that they are forced by their higher officers, so help...help..help. This happens from top to bottom. We are also collecting figures of such splitted accounts and business in staff only and will send it to higher ups and our Hon. minister also for causing a ban on illegal opening of accounts and making our own staff as buyers instead of sellers.

Please cause immediate ban on this type of business.

At this juncture, we suggest to hold meeting with staff side and form unique strategic plan for realistic business in our circle. we promise to extend complete support to administration for climbing new hights in upgradation of public services and generating revenue for department

Please consider, like Assam, for declaration of Diwali as Closed holiday in Gujarat on 29th October as already requedted earlier by us.

With regards,

Yours sincerely

Rashmin Purohit

CS P3 Gujarat

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7th CPC HRA – Allowance Committee Meeting Proposal for House Rent Allowance

Sources said that the Allowance Committee Meeting has finalized a proposal on HRA. It will be finalized in the Meeting held on 25th October 2016. It is said that the proposed Meeting under the Chairmanship of DOPT Secretary (P) with the Secretary Staff Side, NC (JCM) is to firm up the view on various allowances pertaining to Department of Personnel & Training.

This Meeting is conducted as per the decision of Allowance Committee Meeting held on 1-9-2016. The meeting to finalize the allowances pertaining to DOPT has been scheduled to be held on 25th October 2016.

The Reliable Sources said that the Official Side are in the view of increasing HRA by 1 Stage to reach 30% , 20% and 10% .

The pay Commission recommended HRA at the rates initially from 24%, 16%, and 8 % and whenever DA reaches 50% it will be increased to 27%, 18% and 9% and Finally after DA reaches 100% the HRA will be revised to 30% , 20% and 10% for X,Y and Z cities respectively.

The NCJCM has demanded in its Memorandum submitted to the 7th Pay Commission that 60%, 40% and 20% HRA to be recommended for X,Y and Z cities.

The Pay Commission totally ignored this demand and recommended reduction of rates from Sixth CPC. Since it is Co related with DA , it will be increased after two stages to 30%, 20% and 10% after DA reaches 50% and 100%.

The sources said that now it is proposed to start the HRA rates initially from 27%, 18% and 9% and after DA reaches 50% the House Rent Allowance will be revised to 30%, 20% and 10% for X,Y and Z cities respectively.

Source : govtstaffnews.in

Urgent Attention: ALL DIVISIONAL SECRETARIES AND CIRCLE OFFICE BEARERS OF AIPE UNION GROUP "C" OF R A J K O T R E G I O N

Urgent Attention:

ALL DIVISIONAL SECRETARIES
AND
CIRCLE OFFICE BEARERS OF AIPE UNION GROUP "C"
OF
R A J K O T   R E G I O N
~~~~~~~~~~~~~~~~~

URGENT CIRCLE WORKING COMMITTEE OF RAJKOT REGION
AT RAJKOT HO
TOMORROW AT RAJKOT HO AT 4:00 PM ONWARDS.
÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷
ALL DS & CIRCLE OFFICE BEARERS OF P3 RAJKOT REGION MUST ATTEND WITHOUT FAIL.
÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷

SUBJECT:
EXCESSIVE AND INTOLERABLE PRESSURE OF UNREALISTIC TARGETS AND EXPLOITATION OF POSTAL EMPLOYEES.
&
ALL MAJOR ISSUES OF DIVISIONS

If we don't come forward and resist undue pressure, who else will do it? Where our members will complain?

Pl come and share voice of staff of your divisions.

Rashmin Purohit
CS P3 Gujarat Circle

Increase in 7th CPC Minimum Pay and Fitment Formula: SERIOUS PREPARATIONS FOR PARLIAMENT MARCH SHOULD BEGIN NOW ITSELF

IMPORTANT/URGENT CIRCULAR Dated 14th October 2016 CHALO DELHI – CHALO PARLIAMENT 15TH DECEMBER 2016 CONFEDERATION PARLIAMENT MARCH 20000 CENTRAL GOVT. EMPLOYEES WILL PARTICIPATE ENSURE PARTICIPATION FROM EACH AFFILIATED ORGANIZATION AND STATE/DISTRICT/REGIONAL C-O-Cs COME ONE, COME ALL, COME IN HUNDREDS AND THOUSANDS WHEN INJUSTICE IS CONTINUED AND JUSTICE DELAYED INDEFINITELY, PROTEST AND STRIKE BECOME INEVITABLE To, 1. All National Secretariat Members (CHQ Office Bearers) 2. Chief Executive of Affiliated organisations 3. General Secretaries of all C-O-Cs Dear Comrades, As you are aware, the National Secretariat of the Confederation has decided to organize three-phase agitational programmes protesting against the totally negative attitude of the Government against the Central Government employees and pensioners and also demanding immediate settlement of their legitimate demands, including increase in minimum pay and fitment formula as assured by three Cabinet Ministers including Home Minster, Finance Minister and Railway Minister. 1st Phase – 20.10.2016 – Protest demonstration and gate meetings. Adopting and sending resolution to Government. 2nd Phase – 07.11.2016 – Mass Dharna 3rd Phase – 15.12.2016 – Massive Parliament March It is also decided that the agitational programmes shall culminate in strike, jointly with all like minded organisations. SERIOUS PREPARATIONS FOR PARLIAMENT MARCH SHOULD BEGIN NOW ITSELF The National Secretariat has decided to ensure participation of not less than 20000 central Govt. Employees in the Parliament March on 15.12.2016. The following quota has been fixed to each affiliated organization and C-O-Cs. Only two months are left now. It is needless to say that the participation of 20000 employees can be ensured only if each affiliated organization and COC make sincere and conscious effort to ensure the participation of maximum employees from their organization/C-O-C as per quota fixed. Employees are ready, only thing is that leaders should take the initiative to mobilise them. Each affiliated organisation should fix quota to their state/District/Divisional units. Similarly each C-O-C should fix quota to each affiliated organization at state/District level. This work should be done in a serious and systematic manner on top priority basis. Continuous follow up action on day-to day basis is also required. Travel tickets, special vehicles etc. should be booked well in advance. Waiting upto the last minute and then stating non-availability of tickets as reason for non-participation or less participation should be avoided. Maximum flags and banners are also to be brought by each unit of organization/COCs. All affiliated organisations and C-O-Cs are requested to give wide publicity to the Parliament March through all means of Communications including print and electronic media, websites and social media. Let us all join together to make the Parliament March a historic event and grand success. Copy of the circulars fixing quota to each Unit/organization issued by all Affiliated of Confederation and C-O-Cs may be emailed to Confederation CHQ for publishing in the website. 15TH DECEMBER 2016 – PARLIAMENT MARCH 1. National Federation of Postal Employees (all affiliates) – 10000 2. Income Tax Employees Federation – 2500 3. Audit & Accounts Association – 1000 4. Civil Accounts Employees Association – 800 5. National Federation of Atomic Energy Employees – 300 6. Ground Water Board Employees Association – 300 7. Other Affiliates (Each) – 100 8. COC West Bengal – 1000 9. COC Tamilnadu – 1000 10. COC Kerala – 500 11. COC Uttar Pradesh – 1000 12. COC Mumbai – 500 13. COC Nagpur – 300 14. COC Andhra/Telangana – 1000 15. COC Karnataka – 500 16. All other COCs (Each) – 300 17. COC Delhi – 3000 Yours fraternally, (M. Krishnan) Secretary General Mob: – 09447068125 E-mail: mkrishnan6854@gmail.com Click here for Charter of Demands: https://drive.google.com/file/d/0B0rqvSYMJv2IbXZfMmstRGdwRTg/view?usp=sharing Source:http://confederationhq.blogspot.in FROM GUJARAT 300 DELIGATES MUST JOIN PARLIAMENT MARCH. EACH DIVISIONAL SECRETARY IS DIRECTED TO DECIDE 15 MEMBERS AND BOOK TICKETS WELL IN ADVANCE UNDER INTIMATION TO CURLE UNION

Grant of DA from July 2016 – NC JCM writes to Finance Secretary

Grant of Dearness Allowance With effect from 1.7.2016 — Reg

Shiva Gopal Mishra
Secretary

Ph.: 23382286
National Council(Staff Side)
13-C, Ferozshah Road, New Delhi -110001
E Mail : nc.jcrn.np@gmail.com

No.NC.JCM-2016/Fin.(DA)

The Secretary,
Govt of India
Ministry of Finance,
Department of Expenditure,
North Block, New Delhi 110001

October 18, 2016

Subject: Grant of Dearness Allowance With effect from 1.7.2016 — Reg.

We refer to our letter of evenNo.NC/JCM/2016 dated September 6, 2016 wherein we have requested for an amendment to the existing formula of DA computation, necessitated by the revision of Pay with effect from 01.01.2016. We hope that you must have caused the matter to be examined.

We are prepared to call on the officer concerned, if there is any ambiguity in our contention. Since the normal date for issuance of DA order was in September, we shall he grateful if a decision in the matter is taken urgently.

Thanking you,

Yours faithfully,
(Shiva Gopal Mishra)
Secretary

Source: Confederation

Uniquely marvelous price distribution ceremony at Bhavnagar division held on 16th October, 2016

Circle Union greets Com. Karan Chudasama and Team Bhavnagar division for holding a uniquely marvelous price distribution ceremony to children for their educational curriculum. 

Hereunder is copy of report submitted by Com.Karan Chudasama DS P3 Bhavnagar:

#Bhavnagar Division has its own tradition to felicitate children, employees and retired employees every year.. these year it was more exciting as many of children and members of women council  took active part to blossom the occasion. it was an honor to have Dr. I K Vijlivala as our chief guest whose valuable presence inspired all the children , employees and other guests. the president of All India Postal Employees Union Gujarat Circle Shri S K Vaishnav  felt really proud of this continuous activity. 

office Bearers of neighbor division   Rajkot Shri Vishalbhai Chavda and team , Shri Viral Chauhan (Bhuj) and All The SDI (p) Shri Vishal Jadav, Shri Prakash Jagatiya, Shri Montu Joshi, ASPOs of Bhavnagar Division shri Kanubhai pargi, shri Hardevsinh Chudasama graced the Occasion.President of Bhavanagar division shri Sukhdev Kalotara welcomed all. special thanks to #Dwija, #Devanshi and #ved

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.

In this connection RTI has been made for seeking status of the case. The reply received from the Regional office is attached herewith for information.

O.A.No. 180/00020/2015

CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH, ERNAKULAM

        O.A.No. 180/00020/2015

Monday this the 15th day of February, 2016

CORAM:

HON’BLE MR. U. SARATHCHANDRAN, JUDICIAL MEMBER

1. Sheeba B., Aged 32 years,
W/o Praveen K,
Postal Assistant, Karivallur P.O. 670 521
Residing at ‘Parvathi’, Karivellur,
Kannur District

2. Shinoy P. Aged 34 years,
S/o MukundanN.P.,
Postal Assistant,
Thalassery Head Post Ofice 670 691
Residing at Neelamparambil House,
Vellayil, Pathayakkunnu,
Thalassery, Kannur District. …. Applicant

(Applicant Mr. U. Balagangadharan, Advocate)

vs.

1. Union of India, represented by
the Secretary to the Government,
Ministry of Communication,
Department of Posts,
New Delhi 110 011.

2. The Chief Postmaster General,
Kerala Circle,
Thiruvananthapuram – 695033.

3. The Superintendent of Post Office,
Department of Posts,
Kannur 670 001,
Kannur District. . . . . Respondents

(Respondents by Mr. N. Anil Kumar, Sr.PCGC)

This Application having been finally heard and reserved for orders on 27.01.2016, the Tribunal on 15.02.2016 delivered the following:
ORDER

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) Scheme by notionally pre-dating their appointment from the date of occurrence of a vacancy. According to them, the delay occurred in finalising the recruitment process for the said posts was due to the fault of the respondents though the vacancies had arisen in the year 2002. Hence they pray for the relief as under:

‘8.i) Call for records leading to Annexure A6 and A7 and set aside the same as legally and factually unsustainable.

b” Direct the 3rd respondent to induct the applicants into statutory pension scheme under CCS pension Rules notionally treating them to have been appointed as Postal Assistants from the date of occurrence of vacancies in the year 2002 for the limited purpose of grant of pension under CCS (Pension) Rules only.

Iii) Direct the respondent Nos. 3 & 4 to stop all recoveries from the pay and allowances of the applicants towards New Pension Scheme and refund the entire amounts so far recovered from the applicants with immediate effect.

. Declare that applicants are deemed to have been appointed as Postal Assistant notionally and they are regulated by CCS pension Rules.

. Grant such other relief that the Court may feel fit in the facts and circumstances of the case.’

2. Respondents in their reply statement contend that the posts of Postal Assistants were notified vide Annexure R.3(a) (collectively) in March 2004, by publishing in news papers by fixing the last date for receiving application as 31.3.2004. The Applicants respondened to the aforesaid notificatiion and took part in the recruitment process. They were selected to the cadre of Postal Assistants and were appointed in the Vadakara Division with effect from 15.2.2005. As the new pension scheme came into force with effect from 1.1.2004, the applicants are to be considered only under the new pension scheme and they are not eligible for to be included in the statutory pension scheme under the CCS (Pension) Rules 1972. It is further submitted by the respondents that the O.A. is barred by limitation because the cause of action has arisen way back in 2005. It is further contended by the respondents that as the applicants took part in the recruitment process as outsiders their claim for inclusion in the statutory pension existed prior to their selection and  appointment in the department is not permissible.Respondents pray for  rejecting the O.A.

3. Heard learned counsel appearing on both sides. Perused record.

4. Applicants place reliance on Annexure A/8 order dated 28.06.2013 of this Tribunal in O.A. No.724/2012. According to the learned counsel for the applicant, the case of the applicant in Annexure A/8 case is akin to the case of the applicants in the O.A. on hand. The learned counsel relied on paras 7 and 9 of Annexure A/8 order. The aforesaid paragraphs are extracted below:

‘7. Admittedly the vacancies belong to 2002. Invariably examinations for promotion to Postman or Postal Assistants etc. Take place in the very same year and appointment made immediately. This is with a view to avoid any problems relating to seniority etc. Especially when there is more than one source of recruitment. The applicants belong to GDS quota while some other quotas are also available for promotion to the post of Postman (as for example promotion from group -D). In the instant case there has been a delay of two years in conducting the examination though the respondents have stated that the applicants on their own volition had taken up the examination n 2004, since that was the only examination conducted after the vacancies of 2002 have arisen they cannot be blamed for taking up the examination only in 2004. Had there been an examination n the year 2002 or 2003 for the said vacancies, the applicants would have certainly participated in that examination itself. The contention of the respondents hold good only if such an examination took place in 2002 and/or 2003 and the applicants did not participate therein. That is not the case here. As such, on account of the failure on the part of the Department in holding the examination the applicants should not be made to suffer. The Government cannot be permitted to take advantage of its own mistake. In this regard the following decision of the Apex Court are relevant:-

(a) A.K. Lakshmipathy v. Rai Saheb PannalalH. Lahoti Charitable Trust, (2010) 1 SCC 287

 ‘they cannot be allowed to take advantage of their own mistake and conveniently pass on the blame to the respondents.’

(b) Rekha Mukherjee v. Ashis Kumar Das, (2005) 3 SCC 427

36, The respondents herein cannot take advantage of their own mistake.
8. . . . . . . . . .

9. In view of the above the O.A. is allowed. It is declared that the applicants are deemed to have been promoted from the date the vacancy arose and thus notional date of promotions is only for the purpose of reckoning the qualifying
service for pension under the CCS (Pension) Rules 1972. The respondents are directed to pass suitable orders in this regard and make necessary entry in the service book of the applicants indicating clearly the date of notional
promotion and the purposes of reckoning the same.

10. Further, the respondents shall collect necessary subscription under the provident fund rules during the rest of their services and stop any recovery to the contributory provident fund.

11. There shall be o orders as to costs.’

5. This Tribunal is of the view that though the post to which the applicants  in Annexure A/8 order were different from the post for which the applicants in the present O.A. have applied, the reasonings stated in the afore-quoted paragraphs in Annexure A/8 are squarely applicable to the facts in this case also. It was submitted by the learned counsel for applicants that Annexure A/8 order has attained finality without interference from any other superior forum.

6. The learned counsel for the Central Government attempted to distinguish the case in Annexure A/8 order from the present case by contending that applicants in the former case were departmental candidates who were seeking promotion to their higher post whereas in the present case, applicants are totally outsiders who had taken part in an open competitive examination process knowing fully well that they will be appointed only after 2004.

7. After hearing both sides this Tribunal is of the view since the limited prayer of the applicant is to treat the date of arising of the vacancy of the posts retrospectively as their date of posting for the purpose of pension, it appears to this Tribunal that the O.A. can be allowed 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.

8. The O.A. is disposed of on the above terms. Parties are directed to suffer their own cost.

(U SARATHCHANDRAN)
JUDICIAL MEMBER

Information Shard by
Shri. Dhavan Sangani,
OADO, Rajkot DIvision, Rajkot - 360 001