This is an article published in NFPE site; considering the importance of the contents, the same is published here for you.
CASUAL, PART TIME, CONTINGENT EMPLOYEE'S CASE.
THE COMMITTEE HEADED BY CPMG ASSAM HAS SUBMITTED ITS REPORT TO POSTAL BOARD AND THE SAME IS UNDER EXAMINATION. STAFF SIDE HAS ALSO SUBMITTED ITS SUGGESTIONS TO THE POSTAL BOARD. WE ARE EXPECTING THE DECISION OF THE POSTAL BOARD SHORTLY. JOINT LETTER SUBMITTED BY NFPE AND FNPO IS REPRODUCED BELOW:
NATIONAL FRDERATION OF POSTAL EMPLOYEES
FEDERATION OF NATIONAL POSTAL ORGANISATIONS
NEW DELHI
Date- 6-02-2012
MEMORANDUM SUBMITTED TO SECRETARY, DEPARTMENT OF POST, NEW DELHI,ON THE PROBLEMS OF CASUAL,PART TIME, CONTINGENT & CONTRACT WORKERS IN THE DEPARTMENT FOR CONSIDERATION AND SETTLEMENT.
The system of engaging casual laborers is in existence in the Dept. of post even from undivided P&T Dept. In the year 1980 order was issued by the Dept. dividing them into different categories. They are....
1- Those who has not completed 720 days of service in a period of 3 years @ 240 days per year as on 1-4-1980
2- Those who are working from 1-4-77 or earlier and have completed 720 days as on 1- 4-80.
3- Those who are working from 1-4-75 or earlier and completed 1200 days service as on 1-4-80.
The wages were fixed as follows
First category they will be paid approved local rates.
Second category they will be paid 75% of the 1/30 of minimum of group D + DA.
Third category will be paid daily wage equal to 1/30 of minimum of group D + DA.2
Against this discrimination in payment of wages which is against fundamental rights NFPTE filed writ petition No302 of 1986 on 5-2-86 in the manner of MANDAMUS to the Union of India to direct it to pay to the petitioners same salary and allowances and other benefits as are being paid to the regular and permanent employees in the corresponding cadre and to direct the Union of India to regularizes the service of casual labor who had been continuous service more than 6 months.
The Apex Court delivered the Judgment on 27-7-1987 which directed the Government as follows:-
Direction (1). The petitioners are entitled for the wages rates equal to the minimum pay in the pay scale of the regular employees and workers in the corresponding cadre including DA & ADA if any and other benefits which are being enjoying on the date of the Judgment.
Direction (2). Directed the department to prepare scheme on a rational basis for absorbing as far as possible those who have been continuously working for more than one year within eight months of the date of Judgment.
Basing on these Judgments some orders were issued by the department.
They are-
(1) DOP no 14/8/88-PAP dated 15-6-1987.
This order allowed paid w/off if a casual labor performed duties for 6 days
2- DOP no 2-10/88-PE dated 19-2-88 directing the authorities to create posts wherever feasible and complete the process of absorption by 31-5-1988
3- DOP No 17-141/88-EDC & trg. Dated 6-6-88 in these orders instruction were issued for considering casual labors against group D/ EDA posts. In spite of all these orders same are not 3 being implemented at lower level and number of quires were raised
such as Who should be treated as casual labor? These were clarified by the department vide its order No 55-24/88 –SPB1 dated 17-3-89. This order clarified that all the casual workers working with different names in all the offices should be treated as casual labor only with two different names i.e. part time casual labor and full time casual labor.
Further clarification was issued on 16-9-92 vide lr. No.45- 14/92 –SPB 1-directing the authorities to consider the PTCLs part time casual labors] working for five hours and more should be made FTCL[full time casual labors] by re-adjusting on combination of duties wherever possible. In the same order it was clearly mentioned that in future no fresh CL should be engaged
Dept. of post issued orders called as grant of temporary status and regularization scheme w.e.f. 29-11-89 according to which CL[both ptcl&ftcl] on the roles of the Dept as on 29-11-89 and continued to be employed for 240 days in a year would be conferred by the temporary status. This was further extended up to 1-9-93.
In spite of various orders mentioned above lower level authorities did not concentrate on this issue and casual labor system was continued as it is and engagement of new CL and contingent was also continued without following the rules and orders.
Again in the years 2006 orders were issued by DOPT vide its memo no. 49019/1/2006-EStt.dated 11 Dec.2006 for regularization of casual labors who were recruited in irregular manner also basing on the Supreme Court Judgment in Civil Appeal No 3595, 3612/1999 dated 10-4-2006. But the same was neither circulated nor implemented by the dept. of posts.
Even CAT HYD. in OA no 388 of 1998 directed the Dept. to grant the temp. Status to PTCL also but the same was not implemented and opposed by the Dept. and filed WP No 17048 of 2000 in AP High Court. Hon'ble High Court dismissed the petition 4confirming the orders of the CAT on 7-9-2010. Again dept. approached Hon'ble Supreme Court by filing SLP which was dismissed by the Apex Court. After this much of long struggle for 15 years the Hon'ble CAT judgment was implemented for only those who approached the CAT that too particularly prospectively but not retrospectively.
This is the situation prevailing in the dept of post in respect of casual labors. Even today Number of casual laborsworking from 1980 is still waiting for their absorption.
After implementation of 6thC.P.C. to the regular employees they have been denied of revised wages till today on one plea or other. The benefits which have been enjoyed by the down trodden section which are given because of the Judgment given by Apex Court on 27-7-1987 were withdrawn one by one. They are
1. Paid w/o was withdrawn on the plea of Audit objection
2. They have been denied temporary status
3. They have been denied identity cards which are essential to them for performing duties.
4. They have been denied arrears of revised wages / DA from 1-1-2006
5. Wages were not revised on par with regular employees w. e.f. 1-1-2006
6. They are not being paid DA for the last three years.
7. Up to implementation of fifth C.P.C. recommendation payment of HRA & CCA was drawn with arrears but subsequently this was withdrawn against which Hon'ble CAT Chennai delivered Judgment to pay HRA&CCA, the same was ratified by Hon'ble High court also but by amending the rules dept. did not implement the Judgment and HRA&CCA was permanently withdrawn by issuing clarificatory order in December 2010.
Keeping in view all the above, your good self is requested to examine the situation
prevailing in respect of casual labor in the Dept. and ISSUE INSTRUCTIONS TO ISSUE ORDERS AND SETTLE THE ISSUES MENTIONED BELOW.
i. Immediate payment of revised wages from 1-1-2006 along with arrears irrespective of date of entry in the dept. which was quashed by the Apex Court in 1987
ii. All the CL either full time or part time may be granted paid W/OFF, POH including national holidays.
iii. All the part time contingent posts may be converted as GDS posts and the present incumbents working in that posts may be upgraded as GDS.
iv. All other PTCL may be regularized by issuing appointment orders so that they will get job security
v. All the PTCL may be absorbed against MTS/GDS vacancies by implementing AP High Court Judgment in W.P. no 17048 of 2000 dated 7-9-2010
vi. The following modifications may be made in the latest MTS recruitment rules
1. Against 25% out side quota priority may be given to eligible casual labors.
2. The condition of prior to 1993 in respect of PTCL may be removed keeping in view AP High Court Judgment in WP NO.17048 mentioned above.
vii. PTCL may be considered against GDS vacancies by reiterating the DG posts order no 17-141/88-EDC&TRG dated 6thJune 88.
viii. It may be recommended to issue identity cards to all CL irrespective of their working hours.
ix. All the CL may be included in provident fund, gratuity and pensioner benefits as granted to unorganized sector workers.
x. All the welfare measures granted to regular employees may be extended to casual labor also.
We hope that you will examine these issues with open mind keeping in view the natural justice and fundamental rights provided in the constitution to all the citizens of this country.
Thanking you Madam.
Yours faithfully,
(M. Krishnan) (D. Theagarajan)
Secretary General Secretary General
(NFPE) FNPOM.Krishnan Secretary General NFPE | |
Monday, September 16, 2013
CASUAL, PART TIME, CONTINGENT EMPLOYEE'S CASE
ANNOUNCEMENT OF DEARNESS ALLOWANCE (DA) JULY 2013
ANNOUNCEMENT OF DEARNESS ALLOWANCE (DA) JULY 2013
It is a known truth of the eager expectations of the central government employee for announcement of the Dearness Allowance every year in the month of January and July and presently of the announcement of DA JULY 2013 in a few days to come.We had already published that according to the computation of AICPIN (IW) there would be an increase to 10% accounting to 90% in the DA to be announced in September 2013.
Though while we think that this increase in DA is a rejoicing one,in second thoughts if we deeply ponder it not so in reality.We come to know that the increase should be above 100% accounting to the statistics given by the central government workers federations.Normally the price percentage rises to 60% in comparison of the retail commercial rate to the whole sale rate.But the 6th Pay Commission not taking in to account the true rise,took only 20% as the rise,based on which the minimum salary as determined resulting a great loss to the employees..The basic pay having been determined less the other allowances and increment which depend upon it also got meagre.. This has resulted in a huge loss for the central govt employees. It has been come to known that the central govt has decided for a new calculative procedure to get actual AICPIN(IW). We would wait and see whether at least this time the employees are given their true and due share.If a employee with his wife and two children bearing upon his shoulder the burden of the inflation of day to day price needs to lead a decent livelihood,the salary percentage should be resurrected once in five years like in public sector industries. As a fore runner to this all the employees federations and associations should insist on the govt for the formation of the 7th CENTRAL PAY COMMISSION at the foremost possible.Only through these measures the dream for a peaceful and contented life could be realised. | |
Pensioners Portal Orders - Action Taken Report (ATR) on the minutes of the 22nd meeting of Standing Committee of Voluntary Agencies (SCOVA)
Pensioners Portal Orders - Action Taken Report (ATR) on the minutes of the 22nd meeting of Standing Committee of Voluntary Agencies (SCOVA)
F. No. 42/6/2013-P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners' Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi - 110003
Date: 12th September, 2013
OFFICE MEMORANDUM
Subject: Action Taken Report (ATR) on the minutes of the 22nd meeting of Standing Committee of Voluntary Agencies (SCOVA).
Please find enclosed herewith a copy of Action Taken Report (ATR) on the decisions of the 22nd meeting of the Standing Committee of Voluntary Agencies (SCOVA) held on 19th February, 2013 in New Delhi under the Chairmanship of Hon'ble MOS(PP) for kind perusal.
sd/-
( Sujasha Choudhury )
Deputy Secretary (P)
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners' Welfare)
ACTION TAKEN REPORT ON THE DECISIONS OF THE 22nd MEETING OF STANDING
COMMITTEE OF VOLUNTARY AGENCIES (SCOVA) HELD ON 19.02.2013
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Re-engagement of retired staff on daily remuneration basis in exigencies of services
Eligibility of widowed/divorced daughters for grant of family pension
Eligibility of widowed/divorced daughters for grant of family pension
No.1/13/09-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners' Welfare
3rdFloor, Lok Nayak Bhawan,
Khan Market, New Delhi,
the 11thSeptember, 2013.
OFFICE MEMORANDUM
Sub: Eligibility of widowed/divorced daughters for grant of family pension - clarification regarding.
Provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide OM dated 30.08.2004. This provision has been included in clause (iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972. For settlement of old cases, it was clarified, vide OM dated 28.04.2011, that the family pension may be granted to eligible widowed/divorced daughters with effect from 30.08.2004, in case the death of the Govt. Servant/pensioner occurred before this date.
2. This Department has been receiving communications from various Ministries/Departments seeking clarification regarding eligibility of a daughter who became widowed/divorced after the death of the employee/pensioner.
3. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the turn of unmarried children below 25 years of age comes after the death or remarriage of their mother/father, i.e., the pensioner and his/her spouse. Thereafter, the family pension is payable to the disabled children for life and then to the unmarried/widowed/divorced daughters above the age of 25 years.
4. It is clarified that the family pension is payable to the children as they are considered to be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or hislher spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to
each child on hislher turn provided he/she is still eligible for family pension when the turn comes. Similarly, family pension to a widowed/divorced daughter is payable provided she fulfils all eligibility conditions at the time of death/ineligibility of her parents and on the date her turn to receive family pension comes.
5. As regards opening of old cases, a daughter if eligible, as explained in the preceding paragraph, may be granted family pension with effect from 30th August, 2004. The position is illustrated through an example. Shri A, a pensioner, died in 1986. He was survived by his wife, Smt. B, a son Shri C and a daughter, Kumari D, the daughter being the younger. Kumari D married in 1990 and got widowed in 1996. Smt. B died in 2001. Thereafter, Shri C was getting family pension, being disabled, and died in 2003. Thereafter, the family pension was stopped as Kumari D was not eligible for it at that time. She applied for family pension on the basis of O.M., dated 30th August, 2004. Since she was a widow and had no independent source of income at the time of death of her mother and on the date her turn came, she may be granted family pension. The family pension will continue only till she remarries or starts earning her livelihood equal to or more than the sum of minimum family pension and dearness relief thereon.
6. This is only a clarification and the entitlement of widowed/divorced daughters would continue to be determined in terms of O.M., dated 25/30th August, 2004, read with O.M., dated 28.4.2011.
sd/-
(D.K. Solanki)
Under Secretary to the Government of India
Source: http://ccis.nic.in/ | |
Thursday, September 12, 2013
How to log in to Gmail with your Google Account - Gmail Tutorials
How to log in to Gmail with your Google Account - Gmail Tutorials
Thursday, August 22, 2013
Prime Minister’s Shram Awards for the Year 2012 Announced
Prime Minister’s Shram Awards for the Year 2012 Announced
The Government today announced the Prime Minister’s Shram Awards for the year 2012 to be awarded to 70 workers employed in the Departmental Undertakings & Public Sector Undertakings of the Central and State Governments and Private Sector Units employing 500 or more workers in recognition of their distinguished performances, innovative abilities, outstanding contribution in the field of productivity and exhibition of exceptional courage and presence of mind.
This year, one nomination for the prestigious Shram Ratna Award, eight nominations for the Shram Bhushan Award, twenty nominations for Shram Vir/Shram Veerangana and forty one nominations for Shram Shree/Shram Devi Awards have been selected. Even though, the total number of Shram Awards is 33, the number of workers receiving the Awards is 70 (Including 3 women), as some of the Awards have been shared by workers and/or teams of workers consisting of more than one worker. These include 48 workers from the public sector and 22 workers from the private sector.
SHRAM RATNA
This is the highest Award (one in number) among the Shram Awards and carries a cash award of Rs.2,00,000/- along with a ‘Sanad’. For the year 2012, the prestigious Shram Ratna Award has been awarded to Shri Subrata Kumar from Tata Steel Ltd., Jameshedpur.
SHRAM BHUSHAN
Total number of Shram Bhushan Awardees are Eight. It carries a cash award of Rs. 1,00,000/- and a ‘Sanad’. Eight nominations were found suitable for the Shram Bhushan Award for the year 2012 in respect of Public Sector Undertaking and Private Sector are given to Shri Subhash Muralidhar Wadkar from Naval Dockyard, Mumbai, Shri Sanjay Kumar from DRDO, S/Shri Dewendra Kumar Dikshit, Abhijit Das Gupta, Pravas Chandra Panda, Yogesh Kumar Verma and Bijay Kishore Mishra (Jointly) all from Tata Steel Ltd., Jameshedpur and Smt Annie Antony from Tata Steel Ltd., Jameshedpur.
SHRAM VIR/VEERANGANA
Total number of Shram Vir/Shram Veerangana Awardees are twenty. It carries a cash award of Rs. 60,000/- and a ‘Sanad’. No female worker from Privte Sector, for the Shram Bhushan Award for the year 2012 The Shram Veer/Veerangana Shtam Awards in respect of Public Sector Undertaking and Private Sector are given to Smt. K. Uma from Bharat Heavy Electrical Ltd. Bangaluru Shri Shantanu Suresh Shinde from Rashtriya Chemicals and Fertilizers Ltd, S/Shri Guleshwar Prasad Sahu, Gulab Chaturvedi, Liladhar Prasad and Shri Anil Kumar (Jointly) all from Bhilai Steel Plant, Bhilai, Shri Gokada Udaya Bhaskar from Visakhapatnam Steel Plant, Shri B. Selvam from Southern Railway, Chennai, S/Shri Lallu Prasad, R. Vasudeo Rao, Mohammad Aftab Alam, Arun Kumar Soni and Krishna Kumar Deshmukh (Jointly) all from Bhilai Steel Plant, Shri Biju Mathew from Tata Steel Ltd., Jamshedpur, Shri Salat Ghanshyam Gopichand from Larsen & Toubro Ltd., Surat (Gujrat), Shri Vasant Gangadhar Bhandurge from Tata Motors Ltd., Pune, S/ Shri Malay kumar Pathak and Ramesh Chandra Jain (Jointly) both from Reliance Industries Ltd., Mumbai, Shri Shrinivas Kondiba Kalamkar from Bajaj Auto Ltd., Aurangabad and Shri Pramod Harichandra Nagdeve from Ashok Leyland Ltd., Godegaon (Maharashtra)
SHRAM SHREE/DEVI
Total number of Shram Shree/Shram Devi Awardees are forty one. It carries a cash award of Rs. 40,000/- and a ‘Sanad’. one female workers from Public sector have been selected for Shram Devi Awards for this year. The Shram Shree/Shram Devi awardees in respect of Public Sector Undertakings and Private Sector are Shri Ranjeet Singh Katiyar from Hindustan Aeronautics Ltd. Kanpur, S/Shri Ashok Kumar Dabas, Devraj and Lakshmi Chand (Jointly) all from NTPC, Badarpur, New Delhi, S/Shri Pushkar Singh Adhikari, Narayan Prasad Bajpai, Devinder Pal Singh Brar, Gopi Chand Barmate, Sanjay Kumar Tiwari, Murchanju and Roop Singh (Jointly) all from Bhilai Steel Plant, Smt. K. UdayaKumari from Bharat Heavy Electricals Ltd., Bangaluru, Shri Gajanan N. Malusare from Bharat Petroleum Corporation Ltd., Mumbai, S/Shri Bhagabata Pradhan, Prakash Kumar Nath, Ramesh Chandra Raula, Arakshita Adak, Chandra Bhanu Munda, Basanta Kumar Das, Bhabani Shankar Pati, Bidhan Chandra Naik and Ananta Kumar Sethi (Jointly) all from Rourkela Steel Plant, S/Shri Pramod Shrivastava, Liladhar Dadwe, Shailesh Kumar Chhandrakar, Bansilal and Kamal Tayade (Jointly) all from Bhilai Steel Plant, S/Shri Shivnandan Prasad Naik, Dibyendu Mitra, Ashok Kumar Soni, Bhupendra Kumar Dhruw and Sanju Lal Goel (Jointly) all from Bhilai Steel Plant, Shri Raja Ram Yadav from Hindalco Industries Ltd, Renukoot (UP), S/Shri Manoj Kumar Sahoo and Pradeep Kumar Pani (Jointly) from Tata Steel Ltd., Jamshedpur, Shri Dharmendra Nath Mishra from Hindalco Industres Ltd, Sonebhadhra (UP), Shri Ramesh Kishanprasad Tiwari from Bajaj Auto Ltd., Aurangabad, Shri Deshmukh Rakesh Bhaskar Rao from Tata Motors Ltd., Pune, Shri Harekrushna Kamila from Tata Steel Ltd., Jamshedpur, Shri Harindra Prasad Srivastava from Hindalco industries Ltd., Renukoot, Sonebhadra (UP) and Shri Erachari from L&T – Komatsu Ltd, Bangaluru.
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Source:pib | |
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Post Bank
Post Bank
Department of Posts has proposed to set up a Post Bank of India. This will be an independent entity, separate from the current operations of Small savings Schemes being carried out by the Department on behalf of Ministry of Finance. The Department of Posts has accordingly submitted an application to the RBI on 28.06.2013 seeking a banking license subject to necessary Cabinet approvals. The details of financial services offered by the Post offices at present are as below:- (1) Small Savings Schemes of Government of India (on behalf of Ministry of Finance) (i) Post Office Savings Account (ii) Post Office Time Deposit Account (iii) Post Office Recurring Deposit Account (iv) Post Office Monthly Income Account (v) Senior Citizens Savings Scheme Account (vi) Public Provident Fund Account (vii) National Savings Certificates (VIII) and (IX) issue (2) Money Remittances (i) Money Order-Domestic (ii) Instant Money Order- Domestic (through selected post offices) (iii) Western Union Money Remittances –International Inward (through selected post offices) (iv) MoneyGram Money Remittances –International Inward (through selected post offices) (v) Money Order Videsh- International Inward and Outward (through selected post offices) (vi) Electronic International Money Order Service-Inward (through selected post offices) This information was given by Dr. Smt. Killi Kruparani, Minister of State for Communications and Information Technology in a written reply to a question in the Lok Sabha today. | |
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