Thursday, March 31, 2011

Pension is deferred wages

PENSION IS NOT A BOUNTY NOR A MATTER OF GRACE

PENSION IS STATUTORY, INALIENABLE AND LEGALLY

ENFORCIBLE RIGHT.

The Full Constitution Bench of the Supreme Court of India headed by Chief Justice Y.B. Chandrachud and comprising Justice V.D. Tulsapurkar, Justice D.A. Desai, Justice O. Chinuappa Reddy and Justice Bhaharul Islam delivered a historic Judgement on 17.12.1982 on Pension. The Judgement is known as Magnacarta of the Pensioners. December 17 is celebrated as "Pension Day" all over India by Pensioners Organizations. The following are the excerpts from the Judgement.

"As per Indias Constitution, Government is obliged to provide social and economic security to Pensioners and that Govt. Retirees (Pensioners) had the Fundamental rights to Pension"

"States obligation to provide security in old age is recognized. As a first, Pension is treated not only as a reward for past service but with a view of helping the employee to avoid destitution in old age. When the employee is physically and mentally alert, he rendered the best unto the master expecting the master to look after him in the evening of his life. A pension is not in the nature of alms being rolled to beggars".

"Pension is not a bounty nor a matter of grace depending upon the sweet will of the employer. It is not an exgratia payment, but a payment for past service rendered. It is a social welfare measure rendering Socio-economic justice to those who in the hey days of their life, ceaselessly toiled for their employers on assurance that in their old age, they would not be left in lurch."

"Pension is therefore deferred wages. Pension is their statutory, inalienable and legally enforcible right and it had been earned by the sweat of their brow. The Senior Citizen need to be treated with dignity, courtesy befitting their age. A pension scheme consistent with available resources should therefore provide pension so that the pensioner should able to live (i) free from want, with decency, independence and self respect and (ii) at a standard living equivalent at pre-retirement level.

DEFEAT THE NEW PENSION BILL

The UPA-II Government has presented the New Pension Bill in the Parliament. CPI (M) Lok Sabha Leader, Com. Basudev Acharya, MP demanded voting. Both UPA and NDA MPs Voted in favour of introduction of the bill in Parliament. Only left party MPs opposed. Thus it is once again made clear that when it comes to economic policies there is no difference between NDA and UPA.

Even before passing the bill in Parliament the New Pension Scheme called "Contributory Pension Scheme" has already been made applicable to those employees who joined Central Govt. Services on or after 01.01.2004, through an executive order by the NDA Government. 10% of the pay and DA is being recovered from every employee who joined service on or after 01.01.2004, in each month towards Contributory Pension Scheme. On passing the bill by Parliament Pension Fund Managers will be appointed. Multi –national Corporate houses are waiting for their chance to become Fund Managers so that the accumulated huge amount in the Pension Scheme is share market oriented the Pension Fund will flow to the share market. If share market booms, the Pension Fund Managers can accumulate huge profit. If share market crashes, the Pension Fund will collapsed and the entire savings of the employees will be lost. The recent world economic crises has witnessed many such Pension Fund collapses and lacs and lacs of workers are deprived of their Social Security at old age.

The New Pension Scheme is a product of the globalization policy pursued by both NDA and UPA Government. UPA-I Government could not pass the bill as the

Supporting left parties had made it clear that they will withdraw support to the Government and vote against the bill. Government tried to make consensus by convening a meeting of all Chief Ministers. Out of 22 Chief Ministers only three Left Front Chief Ministers viz. West Bengal, Kerala and Tripura, opposed the New Pension Scheme. Now as UPA and NDA have joined together, the bill is likely to be passed in this Session of the Parliament. The New Pension Scheme can be made applicable to all including public and private sector employees.

There is a perception that the New Pension Scheme can be made applicable to the new entrants only. This is not correct. The Work Study Group appointed by Sixth Central Pay Commission has been asked to examine and submit report on the following terms of reference:

(i) to workout the existing and future pension liability of the Central Govt. Employees who are in service prior to 1.1.2004.

(ii) to work out the pension liability of those Central Government Employees appointed prior 1.1.2004 and whose age profile is between 30 years and 40 years.

(iii) to examine the feasibility of establishing a self –reliant Pension Fund with initial corpus fund provided by Government for the employees who are in service prior to 1.1.2004 and thus reduce the expenditure on pension.

The Sixth CPC has already made some observations regarding introduction of Contributory Pension Scheme to the employees who are in service prior to 1.1.2004.

Thus a serious threat looms large over the head of the entire Central and State Government Employees and section of the workers. Nationwide sustained campaign and united action by the entire working class is the need of the hour. The Confederation of Central Government Employees & Workers and the All India State Government Employees Federations has already given a call for nationwide campaign and protest demonstration. The question of organizing higher forum of trade union action including strike in under serious considerations.

NFPE calls upon the entirety of the Postal and RMS Employeesto organize effective campaign against the ill effects of the New Pension Bill and be ready for direct action if situation warrants.


Posted By: Abdul Rahiman TP, Secretary, PIII.

Wednesday, March 30, 2011

EVENING DHARNA ON 02-04-2011

A DHARNA Will be held at OTTAPALAM Open Auditorium on 2nd April 2011 as part of the Circle Agitation against the PFRDA Bill, Closure of Post Offices, Introduction of Speed Post "HUB", Delivery Hub, GDS New Norms, Revision of wages of Part Time Staff etc.etc.
ATTEND ENMASS IN THE DHARNA
Com. S.Ajayakumar, (EX-MP, Ottapalam) Will inaugurate the Dharna.




HIKE IN SOME ALLOWANCES AFTER DA CROSSED 50%

The following allowances are to be increased with effect from 01.01.2011.


1. Children Education Assistance & Reimbursement of Tuition Fee
Rs.12,000 (Per Year - Per Child) - Rs.15,000 (Per Year - Per Child)
DOPT 12011/03/2008-Estt.(Allowance) 2.9.2008
2. Advances for purchase of Bicycle Advacne, Warm clothing Advance, Festival Advance, Natural Calamity Advance
Rs.3,000 - Rs.3,750
Fin.Min. No.12(1)E.II(A)/2008 7.10.2008
3. Special Compensatory Hill Area Allowance
Rs.600 / Rs.480 - Rs.750 / Rs.600
Fin.Min.4(2)/2008-E.II (B) 29.8.2008
4. Special CompensatoryScheduled / Tribal Area Allowance
Rs.400 / Rs.240- Rs.500 / Rs.300
Fin.Min. 17(1)/2008-E.II (B) 29.8.2008
5. Project Allowance
Rs.1,500 / Rs.1,000 - Rs.1,875 / Rs.1,250
Fin.Min. 29.8.2008
6. Special Compensatory (Remote Locality) Allowance
Rs.2,600 / Rs.2,100/ Rs.1,500 / Rs.400 -- Rs.3,250 / Rs.2,625/ Rs.1,875 / Rs.500
Fin.Min. 3(1)/2008-E.II(B) 29.8.2008
7. Cycle Maintenance Allowance
Rs.60 (Per month) - Rs.75 (Per month)
Fin.Min. 19039/3/2008-E.IV 29.8.2008
8. Mileage for road journey all components of daily allowance on tour, rate of transportation of personal effects.
Rs.500 / Rs.300 / Rs.200 / Rs.150 / Rs.100 - Rs.625 / Rs.375 / Rs.250 / Rs.190 / Rs.125
Fin.Min.19030/3/2008-E.V 23.9.2008
9. Rates of Conveyance Allowance under SR-25
Rs.370 / Rs.480 / Rs.640 / Rs.750 / Rs.850 - Rs.470 / Rs.600 / Rs.800 / Rs.940 / Rs.1,070
Fin.Min.19039/2/2008-E.IV 23.9.2008
10. Washing Allowance
Rs.60 - Rs.75
Fin.Min.14/3/2008-JCA 11.9.2008
11. Split Duty Allowance
Rs.200 - Rs.250
Fin.Min.9(11)/2008-E.II (B) 29.8.2008
12. Spl. Allowance for Child Care for Women with Disabilities and Education Allowance for disabled children
Rs.1,000 per month- Rs.1,250 per month
DOPT12011/04/2008-Estt.(Allowance) 11.9.2008
13. Cash Handling Allowance
Rs.600 / Rs.500 / Rs.400 / Rs.300 / Rs.150 - Rs.750 / Rs.625 / Rs.500 / Rs.375 / Rs.190
DOPT4/6/2008-Estt.(Pay.II) 1.10.2008
14. Risk Allowance
DOPT21012/1/2008-Estt.(Allowance) 12.3.2009
15. Postgraduate Allowance
Rs.1,000 / Rs.600- Rs.1,250 / Rs.750
Min.of HohfwA.45012/4/2008-CHS.V 16.4.2009
16. Desk Allowance
Rs.600 - Rs.750
DOPT 1/10/2009-PIC 17.4.2009
17. Bad Climate Allowance
Rs.400 / Rs.240 - Rs.500 / Rs.300
Fin.Min.1/10/2008-E.II(B) 29.8.2008
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Sunday, March 27, 2011

KUDUMBA SANGAMAM ON 27TH MARCH-2011













































Photos of "Kudumba Sangamam & Yatra Ayappu" held at SHORNUR on 27th March-2011












Friday, March 25, 2011

DEMONSTRATION AGANST PFRDA BILL


A View of Demonstration held in front of HPO, Ottapalam on 26-03-2011
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NFPE CALLS UPON THE ENTIRE RANK AND FILE TO ORGANIZE DEMONSTRATION IN THE FRONT OF ALL GOVERNMENT OFFICES BETWEEN 12 AND 2 PM TO REGISTER STRONG PROTEST AGAINST PFRDA BILL INTRODUCED BY UPA GOVERNMENT IN LOK SABHA AND MOBILIZE MEMBERS FOR SUSTAINED SERIOUS PROGRAMMES OF ACTION IN THE DAYS TO COME.

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AN IMPORTANT MEETING OF POSTAL JCA CONSISTING NFPE & FNPO WILL BE ORGANIZED AT NFPE OFFICE NEW DELHI AT 1730 HRS ON 30.03.2011 TO CHALK OUT STRATEGY AND LAUNCHING AGITATIONAL PROGRAMME AGAINST RESTOGRADE ORDERS OF THE DEPARTMENT AND ON INTRODUCTION OF PFRDA BILL IN LOK SABHA BY THE GOVERNMENT OF INDIA. ALL GENERAL SECRETARIES OF NFPE UNIONS ARE REQUESTED TO ATTEND THE MEETING.

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Tuesday, March 22, 2011

FLASH NEWS

============

CABINET APPROVED 6% DA TO

CENTRAL GOVERNMENT EMPLOYEES

FROM JAN-2011

CALENDAR OF DEPARTMENTAL EXAMINATIONS -2011

Directorate vide memo No. A-34012/02/2010-DE dated 16.03.2011 has notified Calendar of Departmental Examination for 2011 in supersession of its earlier letter dated 29.12.2010.
I. Centralized Examinations:
1). LGOs exam for promotion to PAs / SAs : 01.05.2011
2.) PSS Gr. B examination 2010 :15.05.2011
3.)PAs / SAs Direct Recruit 2011 :10.07.2011
4.) Inspector of Posts :06 & 07.08.2011
5.) Postmaster Grade I :15 & 16.10.2011
6.) Senior Postmaster :16.10.2011
II. De-centralized Examinations:
1). Confirmation exam for DR Jr. Account in PAOs :12 & 13.11.2011
2). Postman/Mailguard Exam for Direct Recruit and Departmental Promotion : 27.11.2011
3). Direct Recruit Exam for appointment as Multi Tasking Staff : 11.12.2011

Monday, March 21, 2011

ITEMS OF NEXT MONTHLY MEETING TO BE HELD ON 23-03-2011.

PIII UNION ITEMS:

09/ 2011: Non reply to Union letters –reg.

This Union views with great concern that the Divisional Administration has not given any reply to our letters written to the Dnl. administration on several occasions pointing out some serious irregularities with a request to examine such cases. Details of such letters are noted below:

1) Letter No. PIII/Gnl/2010 dt 14-12-2010 regarding misappropriation of Govt. Fund.

2) Letter No. PIII/Gnl/2010 dt 14-12-2010 regarding unauthorized access server data base.

3) Letter No. PIII/Gnl/2011 dt 20-01-201 regarding leakage of revenue.

4) Letter No. GDS/Gnl/ 2011 dt 20-01-2011 regarding harassment by SPM, Perimbadari.

5) Letter No.PIII/GL/2011 dated 11-03-2011 regarding transfer and posting

No reply has so far been received by this Union. The progress of action taken in each case may be intimated.

10 /11: Non Posting of Dy. Postmaster, Ottapalam HO-reg

The post of Dy. Postmaster (HSG-1), Ottapalam HO is vacant since long. Since Ottapalam HO is one of the biggest HO in our Circle and have 55 Sub Offices in account with , the presence of Dy. PM, is essential at Ottapalam HO to Supervise the Office in the absence of PM and to manage the Treasury and Sub Accounts. Therefore, it is requested to fill up the post of Dy. PM on adhoc basis with eligible officials in the Division.

11/ 11: Training to the newly selected PA Candidates-delay reg

1) It is learnt that a session of training to the newly selected candidates is to commence at Trivandrum from 21st March-11 and no candidates from our Division could depute for that training. The reason for the non- sending of candidates to the training may please be informed.

2) It is also learnt that DG Posts have given directions to post these candidates in regular vacancies after completing 15 days preliminary training, in Divisions. So, it is requested to post these candidates giving the 15 days training, in the vacant posts available, without waiting for the general training, immediately.

PIV UNION ITEMS

04/2011 : Supply Delivery Bags to Postmen and Delivery Staff-reg

It is reported that the supply of Bags to Delivery staff are delayed long. It is requested to supply the bags to all eligible delivery staff including GDS without further delay as the supply is to be arranged at Divisional level, as per the latest instructions.

05/2011: Creation of GDS Packer post at HO in lieu of abolished Group D post:

This was an item discussed in the monthly meeting last year. Till now no creation of the post has been made so far. Action may please be taken to create the post without further delay.

ED UNION ITEMS

05/2011: Introduction of Excl. MMS at Nellaya-reg

It is noticed that the Divisional Administration is planning to introduce one Excl. MMS at Nellaya SO linking all its BOs. The details of that proposal may please be discussed.

06/11: Creation of one more delivery staff at Nellaya-reg

It is reported that the Beat No. 2 of Nellaya SO is very vast and heavy. It is requested to take action to create one more delivery staff at Nellaya SO, early.

07/11: Electricity charges of Branch Offices-re

It is noticed that the Electricity charges of Branch Post Offices are being remitted by the BPMs from their pockets and is levied under LT VI-C by the KSEB, which is generally not affordable to the GDS BPMs. If the charge is levied under Domestic rate, some relief is expected. Hence, it is requested to take up the matter with appropriate level for charging the rate under Domestic.

08/11: Confirmation of GDS postings-reg

The following posting are still remaining as provisional though the postings are in clear vacancies. Hence, it is requested that confirmation to these posts may be issued early.

1) GDS BPM, Kappur in account with Kumaranallur

2) GDS MD, Pattithara in account with Trithala

3) GDS BPM, Kolikkottiri in account with Pattambi

09/11: Working hours of Karumanamkurssi BO in a/c with Vellinali SO:

It is noticed that the working hours of the BO is revised as 0930 to 1330 hrs from 1000 to 1300 hrs with receipt of mail at 0930 hrs and dispatch at 1330 hrs. The BPM is conveying mails from SO and the dispatch time of BO bag from SO is 0930 hrs. In the present set up, the receipt of mails at SO is at 0845 hrs. It is requested to rearrange the working hours of the BO suitably without much inconvenience to the staff and public, early.


Posted By: Abdul Rahiman TP, Secretary PIII.

Combined Working Committee held





A Combined Working Committee held at Ottapalam HO premises on 20th.

Combined

Training to PA Candidates

It is known that 5 (Five) seats were alloted to Ottapalam Division at PTC Mysore. First 5 (five) candidates will be deputed to start training from 28-03-2011. Further details will follow


DECLARATION OF HOLIDAY ON 14TH APRIL, 2011- BIRTHDAY OF DR.B.R. AMBEDKAR.

F. N0.12/2/2011-JCA-2

Government of India

Ministry of Personnel, Public Grievances & Pensions

(Department of Personnel & Training)

*****

North Block, New Delhi

Dated the 21st March, 2011.

OFFICE MEMORANDUM

Subject: Declaration of Holiday on 14th April, 2011- Birthday of Dr.

B.R. Ambedkar.

It has been decided to declare Thursday, the 14th April 2011, 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/-

(Dinesh Kapila)

Director to the Government of India

Tele:23092589


Friday, March 18, 2011

GDS Bonus Recovery

Copy of the letter given by the Divisional Secretary,GDS Union to the SPOs, Ottapalam in connection with the illegal recovery order of PLB-2006-07 and 2007-08:
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GDS/ BONUS/2007-2008 14-03-2011


To

The Superintendent of Post Offices,

Ottapalam Division,

Ottapalam-679101.

Sub:- Irregular order for crediting arrears of PLB for 2006-07 and 2007-08 or

illegitimate recovery from Pay and allowances for March-2011, reg

Sir,

Ref:- PM, Ottapalam letter No. Ag-6/ICIR/2010 dt 22-02-2011.

The Postmaster, Ottapalam in his letter cited under reference has directed the GDS of this Division to credit the arrears paid as PLB 2006-07 and 2007-08 which was paid to the GDS employees of this Division consequent on revision of ceiling of PLB limit upto Rs. 3500/-.

Our then Circle Secretary, Sri. D.Sankarankutty and others filed a writ petition at Hon’ble CAT, Ernakulam Bench on behalf of the members of the Union seeking relief from the order of the Chief Postmaster General, Kerala Circle, Thiruvananthapuram under No. EST/31-4/2006-07 dtd 24/20-2-2009. The OA No. 204 of 2009 admitted on 5-1-2010. according to the verdict of the Hon’ble CAT, Ernakulam Bench, the maximum ceiling limit of PLB is Rs. 3500/-and payment should be made accordingly. The relevant portion of the judgment reads as follows:

“We therefore, allow this OA. Consequently, the impugned Annexure A-7 letter dated 20/24-2-2009 is quashed and set aside. It is declared that the applicants are entitled to the maximum ceiling limit of Rs.3500/- with effect from 1-4-2006. The respondents are directed to pay them accordingly. As regards recovery from the applicants in the name of excess/ over payment of Bonus for the year 2006-07 and 2007-08 this has already been stayed by this Tribunal vide its order dated 1st April 2009. The aforesaid interim order is made absolute. If any recovery was made earlier the amount shall be refunded to the applicants forthwith”

The direction of the Hon’ble CAT is crystal clear. Hence any action against this order is amounts to clear violation of the Court of Law. Copy of the above said judgment in OA No. 204 of 2009 promulgated on 5th January, 2010 is enclosed for ready reference.

The members of the AIPEDEU of this Division has already submitted letter of authorization thro the Divisional Secretary of AIPEDEU, Ottapalam Divisional branch under check off system under EDA (RA) Rules 1995 and the letters of authorization is approved by the Department. As such, they are under the purview of the direction of the

-2-

Hon’ble CAT. Therefore, directing them to credit the so called arrears of PLB for 2006-07 and 2007-08 is illegitimate. More over, recovery of the said amount from the Pay and allowances of March 2011 amounts to violation of the verdict of the Hon’ble CAT.

In these circumstances, I humbly request that the PM, Ottapalam may please be directed to withdraw its order No. Ag6/ICIR/2010 dt 22-02-2011. If the proposed action for recovery is not desisted/ stayed, this Union will be forced to approach Hon’ble Court of Law against the violation of its direction / verdict.

A line reply is much appreciated.

Thanking You

Yours faithfully

(M.C.Velayudhan )

Secretary

GDS Bonus Recovery

A specimen of the representation to be submitted to SPOs by all GDS ( NFPE Members only)

From

To

The Superintendent of Post Offices,

Ottapalam Division,

Ottapalam-679101.

Through: The Postmaster, Ottapalam-679101

Sub:-Illegitimate recovery of PLB for 2006-2007 and 2007-2008 already paid-reg

Sir,

Ref:- PM, Ottapalam letter No. AG-6/ICIR/2010 dated 22-02-2011.

I humbly submit the following for your kind perusal and request to render justice.

The PM, Ottapalam has ordered to credit a sum of Rs……………..which was paid to me as arrears of PLB for 2006-07 and 2007-08, within 15 days of receipt of the letter cited above. It was also informed that the said amount will be recovered from my Pay and allowances for March-2011, if the said amount has not credited by me within the stipulated period. Hence, this representation.

I am a member of the All India Postal Extra Departmental Employees Union (AIPEDEU). I have submitted the letter of authorization through my Divisional Secretary of AIPEDEU and subscription is being recovered by the Department under Check off System under EDA (RA) Rules, 1995.

My Circle Union (AIPEDEU, Kerala Circle, P&T House, Trivandrum ) through its then Circle Secretary Sri.D. Sankarankutty and others filed a writ petition at Hon’ble CAT, Ernakulam Bench seeking to be quashed and set aside the Order No. EST/31-04/2006-07 dated 24/20-02-2009. The OA No. 204 of 2009 has been admitted by the Hon’ble CAT, Ernakulam Bench on 5th day of January, 2010 and passed orders accordingly. The relevant portion of the verdict is as follows:

“It is declared that the applicants are entitled to the maximum ceiling limit of Rs.3500/- with effect from 01-04-2006. The respondents are directed to pay them accordingly. As regards recovery from the applicants in the name of excess/ over payment of Bonus for the year 2006-07 and 2007-08, this has already been stayed by this Tribunal vide its order 1st April 2009. The above said interim order is made absolute”

In the light of the verdict, the proposed recovery of PLB from my Pay and allowances for March 2011is illegal and amounts to clear violation of the direction of the Hon’ble CAT, Ernakulam Bench.

As I am the member of the AIPEDEU, and the then Circle Secretary, Sri. D. Sankarankutty represented on behalf of the members of the Union, including me, the direction of the Hon’ble CAT is applicable in my case also. As such, I humbly submit your good self to direct PM, Ottapalam not to recover the arrears of PLB consequent on application of ceiling limit Rs.3500/-from the year 2006-07 and 2007-08.

Thanking you,

Place: Yours faithfully,

Date: