Important Points Regarding Service Rules

Important Points Regarding Service Rules

Compendium of rules on Advances to CG employees & IPO Examination

Compendium of rules on Advances to CG employees & IPO Examination

ALL CENTRAL GOVERNMENT EMPLOYEES WILL HAVE TO COMPULSORILY SUBMIT THEIR ASSETS AND LIABILITIES

ALL CENTRAL GOVERNMENT EMPLOYEES WILL HAVE TO COMPULSORILY SUBMIT THEIR ASSETS AND LIABILITIES

All Central Government employees will now have to compulsorily submit a detailed report on their properties and debt owed by them…

Already, each year, the Group-A officials are required to submit information about the immovable properties owned by them. Now All categories of Central Government employees too have been asked to submit these details. The DOPT has issued relevant orders to this effect.

The Government has issued this order in accordance with the Lokpal rules. According to this rule, Central Government employees will now have to submit all details regarding the cash-in-hand, bank investments, share certificates, stocks and bonds, mutual fund investments, insurance policies, P.F. details, loans, motor vehicles, gold and silver ornaments, and precious metals, to the Government.

The employees have to also submit details of movable and immovable properties owned by their spouses and children. Application forms will be given to all the employees, to be filled up and submitted before the 31st of July for each financial year.

There are more than 50 lakh Central Government employees, including IAS, IPS and IFS officers, all over the country. All of them will have to henceforth submit details of their properties. If the total property owned by the employee is less than his/her four months’ basic salary, or if the total amount is less than Rs. 2 lakhs, then he/she could be considered for exemption from submitting the information.

Those who have already submitted the details will have to re-submit the form for the current financial year on or before September 15, 2014. Information also has to be furnished about the properties owned by the spouse and children.

On January 1, President Pranab Mukherjee gave his approval for the Lokpal Act and regulations. Following this, amendments were made to the Lokpal Act to make it compulsory for all Central Government employees to furnish their property details.

Source: CGEN.in

[http://centralgovernmentemployeesnews.in/2014/07/all-central-government-employees-will-have-to-compulsorily-submit-their-assets-and-liabilities/]

Revised Rules for Declaration of Assets by Public Servants Under Provisions of the Lokpal Act

Press Information Bureau

Government of India

Ministry of Personnel, Public Grievances & Pensions 

22-July-2014 11:19 IST 

The Central Government has notified fresh rules for the public servants to furnish information and annual return containing declaration of assets and liabilities. Under the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Rules, 2014 every public servant shall made a declaration of his/her assets and liabilities in the specified formats as on the 31st day of March every year to the competent authority on or before of 31st day of July of that year.

Making an exception for the current year the notification stipulates that public servants who have filed declarations, information and annual return of property under the prevailing rules shall file the revised declaration, information or annual returns as on August 1, 2014 on or before September 15, 2014. However, employees may be exempted by the competent authority for reasons recorded in writing from declaring assets if its value does not exceed 4 months basic pay or rupees two lakhs, whichever is higher.

Detailed notification dated July 14, 2014 and formats are available on the website of the Department of Personnel & Training with the link: - http://persmin.nic.in/Lokpal_HomePage_New.asp.

   :

Dopt Orders on Consolidated Instructions on Forwarding of Applications of Government Servants for Outside Employment-regarding.

Dopt Orders on Consolidated Instructions on Forwarding of Applications of Government Servants for Outside Employment-regarding.

No.28011/1/2013-Estt(C)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

North Block, New Delhi

Dated the 23rd, December, 2013

OFFICE MEMORANDUM

Subject: Consolidated Instructions on Forwarding of Applications of Government Servants for Outside Employment-regarding.

The undersigned is directed to refer to the subject mentioned above and to say that various instructions/guidelines have been issued by the Government from time to time regarding forwarding of applications of Government Servants for posts outside their own Cadre. All such instructions issued till date have been consolidated under easily comprehensible headings for the facility of reference and placed as Annexure to this O.M. All Ministries/Departments are requested to bring the above guidelines to the notice of all concerned.

2. Hindi version wIll follow. 

sd/-

(J.A.Vaidyanathan)

Director (Establishment)

Annexure to DOPT O. M.No.28020/1/2010-Estt(C) dated December, 2013.

FORWARDING OF APPLICATIONS

GENERAL GUIDELINES

These guidelines relate to forwarding of applications of Government servants as direct recruit for posts within the Central Government, State Governments, Autonomous / Statutory Bodies, CPSEs etc. It may be noted that in a case in which a particular employee cannot be spared without serious detriment to important work in hand, public interest would justify withholding of his application even if otherwise the application would have been forwarded. It may be added for information that where for good and sufficient reasons an application is withheld no infringement of any Constitutional right is involved.

[O.M. No. 170/51-Ests., dated the 21.10.1952)

2. INTERPRETING THE TERM ‘PUBLIC INTEREST

a. The Heads of Departments should interpret the term ‘public interest’ strictly and subject to that consideration, the forwarding of applicatior should be the rule rather than an exception. Ordinarily, every employee (whether scientific and technical or non-scientific and non-technical personnel) should be permitted to apply for an outside post even though he may be holding a permanent post.

b. No distinction need be made between applications made for posts in a Department under the Central government, Autonomous Bodies or sub-ordinate offices, posts under the State Governments, posts in Public Sector Undertakings owned wholly or partly by the Central Government or a State Government and posts in quasi-Government organizations. They should all be treated alIke so far as the forwarding of applications is concerned. If, however, a Government servant desires to apply for a post in a private concern, he should submit his resignation or notice of retirement, as the case may be, before applying for private employment.

c. For this purpose, “scientific and technical personnel”, may be interpreted to mean persons holding posts or belonging to services which have been declared to be scientific or technical posts or scientific or technical service.

(OM. No. 70/10/60-Estt, (A), dated 09.05.1960 and O.M. No. 8/7/69-Ests(C) dated the 01.11.1970

3. GENERAL PRINCIPLES FOR DEALING WITH SUCH APPLICATIONS

The general principles to be observed in dealing with such applications are as under:

a. Applications from purely temporary Government Servants - Applications from such 

Government servants should be readily forwarded unless there are compelling grounds of public interest for withholding them.

b. Applications from permanent Government servants - Both permanent non-scientific and non-technical employees as well as permanent scientific and technical employees could be given four opportunities in a year to apply for outside posts, except where withholding of any application is considered by the competent authority to be justified in the public interest. A permanent Government servant cannot justly complain of hardship or harsh treatment if his application for any other post or employment is withheld.

c. Applications of Government servants who have been given some technical training at Government expenses after commencement of service - Such Government servant cannot justifiably complain of hardship if he is not allowed to capitalize the special qualifications so gained by seeking other better employment. Withholding of application in such a case is therefore justifiable.

d. Applications of Government servants belonging to Scheduled Castes and Scheduled Tribes, other than ‘scientific and technical personnel — Applications for employment of temporary or permanent Central Government servants belonging to Scheduled Castes andScheduled Tribes should be readily forwarded except in very rare cases where there may be compelling grounds of public interest for withholding such application. The withholding of application should be the exception rather than the nile in the case of employees belonging to Scheduled Castes and Scheduled Tribes who should be afforded every facility to improve their prospects.

e. Application of Government servants for employment in private business and industrial firm. etc. - Where a Government servant (including a temporary Government servant) seeks permission, to apply for such employment, he should submit his resignation or notice of retirement, as the case may be, before applying for private employment. He cannot complain of hardship if his application is withheld. While a person remains in Government service, the State can legitimately refuse to surrender its claim on his services in favour of a private employer.

[O.M. NO. 170/51-ESTS., DATED ThE 21.10.1952; OM NO. 70/10/60-ESTS(A) DATED 09.03.1960. OM No.1/6/64-SCT.I DATED 19.03.1964; O.M NO, 5/2/68-ESTT.(C) DATED 06.O5.1968. OM No.8/7/69-ESTS(C)DATED 01.II.1970; OM No. 8/15/71-ESTS(C) DATED 16.09.1971, OM No. 8/22/71-ESTS(C) DATED16.10.1971]

4. PROCEDURE TO BE FOLLOWED IN THE CASE OF THOSE WHO APPLY FOR POSTS IN THE SAME/ OTHER CENTRAL GOVERNMENT DEPARTMENTS/STATE GOVERNMENT/ AUTONOMOUS BODY / CENTRAL PUBLIC SECTOR ENTERPRISES ETC.

a) Applications from Government servants for employment elsewhere, submitted otherwise than in response to advertisement or circulars inviting applications, should not be forwarded.

(O.M. No. 5/3/65-Ests(C) dated the 21.12.1965]

b) The applications may be forwarded in accordance with the general principles given inpreceding paragraphs. irrespective of whether the post applied for in the other department/offices permanent or temporary.

c) As for temporary Government servants they should, as a matter of rule, be asked to resign from the parent department/office at the time of release from the parent department/office. An undertaking to the effect that he/she will resign from the parent department/office in the event of his/her selection and appointment to the post applied for may be taken from his/her at the time of forwarding the application. This procedure is to be followed even in case of a temporary Government servant applying as a direct recruit for a post in the same organisation.

d) In the case of permanent Government servants, their lien may be retained in the parent department/office for a period of two years incase of the new post being in the Central/state Government. They should either revert to the parent department/office within that period or resign from the parent department/office at the end of that period. An undertaking to abide by these conditions may be taken from them at the time of forwarding the applications to other departments/office. In exceptional cases where it would take some time for the other department/office to confirm such Government servants due to the delay in converting temporary posts into permanent ones, or due to some other administrative reasons, the permanent Government servants may be permitted to retain their lien in the parent department/office for one more year. While granting such permission, a fresh undertaking similar to the one indicated above may be taken from the permanent Government servants by the parent department.

e) Permanent Government servants on their being selected for appointment in an autonomous Body / CPSE will have to resign before they are penitent to join the new organization. In their case no lien shall be retained and they will be governed by the orders issued by Department of Pensions & Pensioners’ Welfare regulating mobility of personnel between Central Govt and Autonomous Bodies / CPSEs etc.

f) The Terms of the bond need not be enforced in the cases of those who apply for appointment elsewhere, other than private employment, through proper channel. However, the obligations under the bond would be carried forward to the new employment. An undertaking to this effect may be obtained from the Govt. servant before he is relieved.

(OM. No. 60/37/63.Ests(A) dated 14.07.1967; OM No. 8/4/70-Ests(C) dated 06.03.1974; O.M.

No. 28016/5/85-Estt(C) dated 31.01.1986]

5. POSTS ADVERTISED BY UNION PUBLIC SERVICE COMMISSION (UPSC/STAFF SELECTION COMMISSION(SSC) 

a) Where Government servants apply directly to UPSC/SSC as in the case of direct recruit, they must immediately inform the head of their Office/Department giving details of the amination/post for which they have applied, requesting him to communicate his permission to the Commission directly. If. however, the Head of the Office/Department considers it necessary to withhold the requisite permission, he should inform the Commission accordingly within thirty days of the date of closing for receipt of applications. In case any situation mentioned in para 6 below is existing, the requisite permission should not be granted and UPSC/SSC should be

immediately informed of this fact as also the nature of allegations against the Government servant. It should also be made clear that in the event of actual selection of Government servant, he would not be relieved for taking up the appointment, if the charge-sheet / prosecution sanction is issued or a charge-sheet is filed in a court for criminal prosecution, or if the Government servant is placed under suspension.

b) It may be noted that in case of direct recruitment by selection, i.e., “selection by interview”, it is the responsibility of the requisitioning Ministry/Department to bring to the notice of the Commission any point regarding unsuitability of the candidate (Government servant) from the vigilance angle and that the appropriate stage for doing so would be the consultation at the time of preliminary scrutiny, i.e., when the case is referred by the Commission to the Ministry/Departments for the comments of the Ministry’s representatives on the provisional selection of the candidate for interview by the Commission.

[OM. No. 14017/01/91-Estt.(RR) dated the 14th July, 1993 & O.M.No.20016/1/88-Estt.(C)

dated 18/07/1980)

c) When once the Administrative Authority has forwarded an application, it is mandatory that the Government employee concerned should be released to take up the new appointment. However, where subsequent to the forwarding of the application, but before selection if exceptional circumstances arise in which it may not be possible to release the official, the fact should be communicated to the Commission as well as to the official concerned. The decision not to release an official should be taken only where the circumstances referred to above arereally exceptional.

[OM. No. 60/43/64-Ests(A) dated the 24.08.1965)

6. CIRCUMSTANCES IN WHICH APPLICATION SHOULD NOT BE FORWARDED

Application of a Government servant for appointment, whether by direct recruitment, transfer on deputation or transfer, to any other post should not be considered/ forwarded., if-

(a) (i) he is under suspension; or

(ii) disciplinary proceedings are pending against him and a charge sheet has been issued; or

(iii) sanction for prosecution, where necessary has been accorded by the competent authority; or

(iv) where a prosecution sanction is not necessary, a charge-sheet has been filed in a Court of law against him for criminal prosecution.

(v) where he is undergoing a penalty — no application should be forwarded during the currency of such penalty.

(b) When the conduct of a Government servant is under investigation (by the CBI or by the Controlling Department) but the investigation has not reached the stage of issue of charge-sheet or prosecution sanction or filing of charge-sheet for criminal prosecution in a court, the application of such a Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event of actual selection of the Government servant, he would not be released for taking up the appointment, if by that time any of the situations in (a) above arises.

[O.M. No. 14017/101/91-Estt.(RR) dated the 14th July 1993]

7. FORWARDING OF APPLICATIONS FOR POSTS ADVERTISED BY CENTRAL / PUBLIC SECTOR UNDERTAKINGS/ CENTRAL AUTONOMOUS BODIES

Applications of Central Government Servants in response to press advertisement for posts in Central Public Enterprises / Autonomous Bodies may be forwarded with a clear understanding with the employee that in the event of their selection for the post applied for they will sever their connections with the Government before joining the Public Sector Undertakings/Autonomous Bodies. No lien shall be retained in ch cases. The relieving order should indicate the period within which the official should join the Public Sector Undertaking / Autonomous Body. Normally this period should not be more than 15 days. This period may be extended by the competent authority for reasons beyond the control of the official. Necessary notification/orders accepting the resignation of the Govt. servant from Govt. service should be issued from the actual date of his/her joining the Public Sector Undertaking/Autonomous Body. The period between the date of relieving and the date of joining Public Sector Undertaking!/ Autonomous Body can be regulated as leave of the kind due and admissible and if no leave is due, by grant of extra ordinary leave. In case he/she is not able to join the Public Sector Undertaking/Autonomous Body within the period allowed by the competent authority, he/she should report back to the paient office forthwith.

[Department of Pension & Pensioner’s Welfare OM No. 4/15/88-P&PW(D) dated 13.11.1991]

Source: www.persmin.gov.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28011_1_2013-Estt-C.pdf]

Courtesy : http://90paisa.blogspot.in/

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Special CL - Rulings

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Postal/Sorting Assistant (PA/SA) Recruitment (Amendment) Rules, 2014

Friends...  Happy News for all Postal/Sorting Assistant Aspirants. Department of Posts has amended the Postal Assistants and Sorting Assistants(PA/SA) (Group C non- Gazetted), Recruitment Rules, 2011.

Earlier to be eligible for applying to the post of PA/SA:

1) General Candidates had to secure at least 60% marks in their 10+2 exam

2) Other Backward Classes (OBC) candidates had to secure at least 55% marks in their 10+2 exam

3) Schedule Castes/ Scheduled Tribes (SC/ST) candidates had to secure at least 45% marks in their 10+2 exam

But as per the new amendment, a pass in 10+2 or 12th class will be sufficient to be eligible for applying for the post. The official extraordinary gazette in this regard has been published by Government of India on 27 January 2014.

Click Here to see the official gazette.

The above amendment has also been made in respect of Postal Assistant in Savings Bank Control and Internal Check Organisations, (PA SBCO) Group C non-Gazetted posts Recruitment Rules, 2012 also.

Click Here to see the official gazette.

Further new recruitment rules for Postal Assistants in Circle/Regional Offices - PA(CO/RO) have been published & will be known as Department of Posts, Circle and Regional Offices, Postal Assistant, Group ‘C’ Post Recruitment Rules, 2014. Click Here for details.

So with these amendments published we can expect PA/SA recruitment for filling the vacancies of the year 2013 & 2014 very soon. As per the Calendar of Exams published by DoP, recruitment for PA/SA is tentatively scheduled for March 2014. Whether it happens as per the schedule is a big question...we can expect another recruitment soon. Keep visiting this blog... we will be updating you the latest status!!!

LIST OF ALL ACTS IN INDIA

Additional Duties of Excise (Goods of Special Importance) Act, 1957
Administrative Tribunals Act, 1985
Advocates Act, 1961
Agricultural Refinance & Dev. Corpn.Act, 1963
Air (Prev. and Control of Pollution) Act,1981
Apprentices Act, 1961, 1962,
Arbitration & Conciliation Act, 1996
Arbitration Act, 1940 alongwith Arbitration (Protocol and Convention) Act, 1937;
Architects Act, 1972 with Council of Archi. Rules, 1973

Banking, Public Financial Institutions & Negotiable Instruments Laws (Amend.)Act, 1988
Banking Regulation Act, 1949
Beedi Workers Welfare Cess Act, 1976
Beedi Workers Welfare Fund Act, 1976
Beedi and Cigar Workers (Conditions of Employment) Act, 1966
Benami Transactions (Prohibition) Act,1988
Boilers Act, 1923
Bombay Labour Welfare Fund Act, 1953
Bonded Labour System (Abolition) Act,1976
Building & Other Construction Workers’ Welfare Cess Act, 1996 Child Labour (Prohibition & Regul.) Act,1986
Building & Other Construction Workers’(Regulation of Employment &Conditions of Service) Act, 1996
Bureau of Indian Standards Act, 1986

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Cable Television Networks (Regul.) Act,1995
Carriage by Air Act, 1972
Carriers Act, 1865
Central Agricultural University Act, 1992
Central Apprent. Council Rules, 1961
Central Excise Tariff Act, 1985
Central Excises Act, 1944
Central Motor Vehicles Rules, 1989
Central Sales Tax Act, 1956
Chit Funds Act, 1982
Christian Marriage Act, 1872
Cine Workers and Cinema Theatre Workers (Regulation of Employment)Act, 1981
Cinematograph Act, 1952
Citizenship Act, 1955, 1956
Code of Civil Procedure, 1908
Code of Criminal Procedure, 1973
Commission of Sati (Prevention) Act, 1987
Commissions of Inquiry Act, 1952
Companies Act, 1956
Company Secretaries Act, 1980
Competition Act, 2002
Consumer Protection Act, 1986
Consumer Protection Act, 1986
Contempt of Court Act, 1971
Contract Act, 1872
Contract Labour (Regulation and Abolition) Act, 1970
Copyright Act, 1957
Court Fees Act, 1870
Customs Act, 1962
Dangerous Machines (Regul.) Act, 1983
Delhi Apartment Ownership Act, 1986
Delhi C.P. Rules, 1987
Delhi Co-operative Societies Act, 1972
Delhi Development Act, 1957
Delhi Fire Prevention and Fire Safety Act, 1986
Delhi Juvenile Justice Rules, 1987
Delhi Municipal Corporation Act, 1957
Delhi Police Act, 1978
Delhi Rent Act, 1995
Delhi Sales Tax Act, 1991
Deposit Insurance & Credit Guarantee Corpn. Act, 1961
Depositories Act, 1996
Designs Act, 2000
Dissolution of Muslim Marriages Act,1939
Divorce Act, 1869
Dock Workers (Safety, Health & Welfare)Act, 1986
Dowry Prohibition Act, 1961
Drugs (Prices Control) Order, 1995
Drugs and Cosmetics Act, 1940
Easements Act, 1882
Electricity Act, 2003
Electricity Rules, 1956
Electricity (Supply) Act, 1948
Emigration Act, 2003
Employees Pension Scheme, 1995
Employees’ Provident Funds & Miscellaneous Provisions Act, 1952
Employees State Insurance Act, 1948
Employment Exchanges (Compulsory Noti.of Vacancies) Act, 1959
Employment of Children Act, 1938
Environment (Protection) Act, 1986
Equal Remuneration Act, 1976
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Evidence Act, 1872
Expenditure Tax Act, 1987
Export-Import Bank of India Act, 1981

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Factories Act, 1948
Family Courts Act, 1984
Fertiliser (Control) Order, 1985
Fixation of Rates Act, 1958
Foreign Awards (Recognition and Enforcement) Act, 1961 and Arbitration and Conciliation Act, 1996
Foreign Contribution (Regulation) Act,1976
Foreign Exchange Management Act, 1999
Foreign Exchange Regul. Act, 1973
Foreign Marriage Act, 1969
Foreign Trade (Development & Regul.)Act, 1992
Freedom of Information Act, 2002
General Clauses Act, 1897
Geographical Indications of Goods (Registration and Protection) Act, 1999
Government Grants Act, 1895
Government of National Capital Territory of Delhi Act, 1991
Government of National Capital Territory of Delhi Act, 1992
Guardians and Wards Act, 1890
Hindu Adoptions and Maintenance Act,1956
Hindu Marriage Act, 1955
Hindu Minority & Guardianship Act, 1956
Hindu Succession Act, 1956
Hire Purchase Act, 1972
Hotel Receipts Tax Act, 1980
Immoral Traffic (Prevention) Act, 1956
Income Tax Act, 1961
Indecent Representation of Women (Prohibition) Act, 1986
Industrial Development Bank of India Act, 1964
Industrial Disputes Act, 1947
Industrial Employment (Standing Orders)Act, 1946
Industrial Finance Corporation Act,1948
Industries (Development & Regul.) Act,1951
Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply & Distribution)Act, 1992
Information Technology Act, 2000
Insecticides Act, 1968
Insurance Act, 1938
Insurance Regulatory and Development Authority Act, 1999
Insurance Rules, 1939
Inter-State Migrant Workmen Regulation of Employment and Conditions of Service Act, 1979
Interest on Delayed Payments to Small Scale & Ancillary Industrial Undertakings Act, 1993
Intermediate Education Act, 1921

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Jute Packing Materials (Compulsory use in Packing Commodities) Act, 1987
Juvenile Justice Act, 1986
Juvenile Justice (Care and Protection of Children) Act, 2000
Juvenile Justice (Delhi) Rules, 1987
Labour Laws (Exemption from furnishing Returns & Maintaining Registers by certain Establishments) Act, 1988
Land Acquisition Act, 1894
Legal Services Authorities Act, 1987
Life Insurance Corporation Act, 1956
Limitation Act, 1963
Lotteries (Regulation) Act, 1998
Maternity Benefit Act, 1961
Maternity Benefits (Mines and Circus)Rules 1963
Medical Profession under Consumer Protection Act, 1986
Medical Termination of Pregnancy Act,1971,
Medicinal and Toilet Preparations (Excise Duties) Act, 1975
Mental Health Act, 1987
Milk and Milk Product Order, 1992
Mines Act, 1952
Minimum Wages Act, 1948
Monopolies & Restrictive Trade Practices Act, 1969
Motor Transport Workers Act, 1961
Motor Vehicles Act, 1988
Multimodal Transportation of Goods Act, 1993
Muslim Women (Prot. of Rights on Div.)Act, 1986
Narcotic Drugs and Psychotropic Substances Act, 1985
National Bank for Agriculture & Rural Development Act, 1981
National Highway Authority of India Act,1988
National Housing Bank Act, 1987
National Human Rights Commission (Procedure) Regulation Provincial Insolvency Act, 1920
National Security Act, 1980
National Trust for Welfare of Persons with Austim, Cerebral, Palsy, Mental Retardation and Multiple Disabilities Act, 1999
Negotiable Instruments Act, 1881
Notaries Act, 1952
Official Secrets Act, 1923

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Parsi Marriage and Divorce Act, 1936
Partnership Act, 1932
Passports Act, 1967, 1980
Patents Act, 1970
Payment of Bonus Act, 1965
Payment of Gratuity Act, 1972
Payment of Wages Act, 1936
Personal Injuries (Emergency Provisions)Act, 1962
Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995
Pharmacy Act, 1948
Plantations Labour Act, 1951
Post Office Act, 1898
Prasar Bharti (Broadcasting Corporation of India) Act, 1990
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)Act, 1994
Press and Registration of Books Act, 1867
Prevention of Blackmarketing & Maintenance of Supplies of Essential Commodities Act, 1980
Prevention of Corruption Act, 1988
Prevention of Food Adulteration Act, 1954
Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988
Prevention of Money-Laundering Act, 2002
Prevention of Terrorism Act, 2002
Prisoners (Attendance in Courts) Act, 1955 Prize Chits and Money Circulation Schemes (Banning) Act, 1978
Probation of Offenders Act, 1958
Protection of Civil Rights Act, 1955
Protection of Human Rights Act, 1993 with
Provident Funds Act, 1925
Public Liability Insurance Act, 1991
Public Premises (Eviction of Unauthorised Occupants) Act, 1991, 1971
Railway Claims Tribunal Act, 1987
Railway Property (Unlawful Possession)Act, 1966
Railway Protection Force Act, 1957
Railways Act, 1989
Recovery of Debts due to Banks & Financial Institutions Act, 1993
Regional Rural Banks Act, 1976
Registration Act, 1908
Representation of the People Act, 1950
Representation of the People Act, 1951
Reserve Bank of India Act, 1934

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Sale of Goods Act, 1930
Sales Promotion Employees (Conditions of Service) Act, 1976
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act 1989
Securities & Exchange Board of India Act,1992
Sick Industrial Companies (Special Provisions) Act, 1985
Small Industries Development Bank of India Act, 1989
Special Courts Act, 1979
Special Marriage Act, 1954
Special Provisions Act
Specific Relief Act, 1963
Spices Board Act, 1986
Spices Cess Act, 1986
Stamp Act, 1899
Standards of Weights and Measures Act,1976
State Financial Corporations Act, 1951
Succession Act, 1925
Supreme Court Rules, 1966
Telecom Regulatory Authority of India Act, 1997
Telegraph Act, 1885
Terrorist and Disruptive Activities (Prevention) Act, 1987
Trade Marks Act, 1999
Trade Unions Act, 1926
Trade and Merchandise Marks Act, 1958
Transfer of Property Act, 1882
Transplantation of Human Organs Act,1994
Trusts Act, 1882

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Unlawful Activities (Prevention) Act, 1967
Urban Land (Ceiling and Regulation) Act,1976
Wakf Act, 1995
Weekly Holidays Act, 1942
Wild Life (Protection) Act, 1972
Working Journalists and other Newspaper Employees (Conditions of Service) & Misc. Provisions Act, 1955
Workmens’ Compensation Act, 1923

Courty : http://akulapraveen.blogspot.in/

IMPORTANT STAFF RULING REGARDING POSTING OF OA IN DIVISIONAL OFFICE

Dte's no-SPB/ 20-14/50 dated new delhi, the 31st March, 1950 communicated vide CO(WB) letter no- SFA /R-771 dated calcutta, the 10th April, 1950.

The director general has decided that only those clerks who have put in at least five years service as such and are suitable should be selected for working in Offices of Suptd of Post Offices and RMS. This condition of five years service limit may be relaxed only in the case of a time scale clerk who is to be employed as a typist in the Divisional Office.

sd-

A.R.Chatterjee

ADDG(SP)

All India Services (Commutation of Pensions) Amendment Regulations, 2013

To view please Click Here.

CAT Eranakulam O R D E R- Counting of service rendered by the applicants under theRTP for the purpose of seniority, benefits relating to financial upgradations and other consequential benefits is 1984 onwards

               CENTRAL ADMINISTRATIVE TRIBUNAL
                            ERNAKULAM BENCH

       O.A. NO. 79 OF 2011, O.A. NO. 119 OF 2011,
       O.A. NO. 988 OF 2011, O.A. NO. 31 OF 2012,
       O.A. NO. 1150 OF 2012, O.A. NO. 1151 OF 2012
                                      &
                       O.A. NO. 1014 OF 2010

               Tuesday, this the 1st day of October, 2013

CORAM:

         HON'BLE Dr.K.B.S.RAJAN, JUDICIAL MEMBER
         HON'BLE Mr. K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER

1.       O.A. NO. 79 OF 2011
         K.S.Beena
         Sub Postmaster
         Malayattoor PO
         Residing at Pattathil House
         Manickamangalam PO
         Kalady, Ernakulam District - 683 574    ...   Applicant

(By Advocate Ms.Rekha Vasudevan)

                               versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi

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

3.       The Director of Postal Services (HQ)
         Office of the Chief Postmaster General
         Kerala Circle, Thiruvananthapuram, Kerala

4.       The Superintendent of Post Offices
         Aluva Division
         Aluva, Kerala - 683 101

5.       The Director (Staff)
         Department of Posts
         Ministry of Communications & IT
         New Delhi - 110 001                     ...   Respondents

(By Advocate Mr.S.Jamal, ACGSC)

2    O.A. NO. 119 OF 2011

1.    G. Rajmohan, TC 25/1548,
      West Thampanoor, Trivandrum 695001
      (Office Assistant, Office of the SSPOs, Trivandrum 695001).

2.    S. Viswanathan Nair, Chaarvakom, Vellayani,
      Nemom P.O., Trivandrum - 695020
      (Postal Assistant, Trivandrum GPO 695001)

3.    R. Hemalatha, Lekshmi Mandiram,
      Chennakkod Perinad 691603
      (SPM, East Kallada P.O.)

4.    J. Girija Kumari, Sankarathil, Pottur West,
      Mavadi P.O. 691507 (SPM, Nilamel P.O.)

5.    V. Ganaselvam TC 40/946 (3), Saras 55C,
      Sreevaraham, Manacaud P.O. 695009
      (Postal Assistant, Trivandrum GPO 695001 ).

6.    T. Muthaiyan, TC 40/946 (3) Saras 55C
      Sreevaraham, Manacaud P.O. 695009
      (Postal Assistant, Vallakadavoo P.O. 695008).

7.    S. Udayakumar, Souparnika KRIPA 77,
      Mankulam Lane, Pappanamcode,
      Trivandrum 695018
      (Postal Assistant, Trivandrum GPO 695001).

8.    M. Suresh Kumar, Padmasree TC 9/2392 ANRA 136-c,
      Edavacode, Trivandrum 695017
      (Postal Assistant, Trivandrum GPO 695001).

9.    L. Sheela, Nandanam, TC 4/460-3, Ambalamukku,
      Kaudiar, Trivandrum 695003
      (Accountant, Trivandrum GPO 695001)

10.   M.P. Chandramohan,
      Arun Nivas, Chettipurakal, Near Edaicode,
      Kanyakumari 629152
      (Postal Assistant, Trivandrum GPO 695001).

11.   R. Bhageerathi, TC 37/1901-1,
      Karikattumadam, West Fort, Trivandrum 695023
      (Postal Assistant, Trivandrum GPO 695001)

12.   Rema Paul, TC 7/1129-2 Vettamukku,
      Trivandrum 695013
      (Accountant, 0/0. SSPOs, Trivandrum 695001 ).

13.   B.Sudharma, TC 11/966-1,
      Thattinakam Nalanchira
      (Postal Assistant, Trivandrum GPO 695001)

14.   Prabha J. Poovattil, House No. 65 Puliyur Gardens
      Nalanchira P.O. (Sub Postmaster, Vattapara P.O. 695028).

15.   M.A. Mary, TC 13/770/1 KVRA 322 Vanchiyur
      Trivandrum 695035 (Postal Assistant, Tv. University P.O. 695034).

16.   K. Vasuki, TC 13/416, Ambadi, Moolavilakam
      Kunnukuzhy, Vanchiyoor P.O.
      (Postal Assistant, Vanchiyur P.O. 695034).

17.   V. Kasthuri Bai, 19/400, Chettiyarmadam,
      Neyyur P.O. (Postal Assistant, Trivandrum AG's P.O. 695001).

18.   S. Sulochana, KRA 99, Kedaram Nagar, Pattom Palace,
      Trivandrum 695004
      (Postal Assistant, Trivandrum GPO 695001).

19.   L. Rema, Postal Assistant, Deepasree
      Sagara 92/2 Kudappanakunnu P.O. 695043
      (Trivandrum AG's P.O. 695001).

20.   G. Jayalakshmi, 10, Gayatri Gardens, Kaimanam
      Trivandrum 695040 (Postal Assistant, Trivandrum GPO 695001 ).

21.   Rajalekshmi Antherjanam, VP/2/959 Nandanam, Ranni Lane,
      Perorkada. (Postal Assistant, Trivandrum GPO 695001).

22.   A. Radha, TC 28/1935 Kizhakke Madam, Tv Fort P.O. 695023
      (Postal Assistant, Trivandrum GPO 695001)

23.   S. Sreelatha, Sivoham Ottukal Street, Kaithamukku,
      Tv Pettah P.O. 695024
      (Postal Assistant, Trivandrum GPO 695001)

24.    S. Suma, Sumam TC 3/1280-1, KPRA 181,
       Mankulam Lane, Pattom Palace P.O.
       (Postal Assistant, Trivandrum GPO 695001)

25.   S. Usha Devi, Sreerangam Jyothi Nagar 81,
      Kesavadasapuram, Trivandrum 695004.
      (Sub Postmaster, Palkulangara P.O. Tv. Pettah 695024.)

26.   T.P. Sreebhavani, Postal Assistant
      Trivandrum GPO 695001

27.   R. Krishna Kumari, 10 VKK Nagar, Vallakadavoo P.O
      Trivandrum 695004 (Office Assistant, PSD, Trivandrum 695023.)

28.   B. Vikraman Achary, Rajendra Sadanam
      Kizhavoor, Mukhathala P.O. (SPM, Thekkevila P.O.)

29.   S. Sairakumary, Gopa Kripa, Asramom Garden 75
      Asramom P.O. 695002 (SPM, Eravipuram P.O.)

30.    G. Ushakumary, Madhava Vilasom, Melode, Adur
      (APM Adur Kerala HO.)

31.   V. Aji, Vathiyarvila Veedu, Edakida, Ezhukone
      (SPM Odanavattom P.O.)

32.    P .S. Letha, Swathi, Bhoothakulam P.O
      (SPM, Bhoothakulam P.O.)

33.   Leena Bhasker, Manohara, Kottapuram, Paravur P.O
      (Postal Assistant, Bhoothakulam P.O.)

34.   N. Sheela, Santhram, Ayirakuzhy, Chithara P.O
      (SPM, Chithara P.O.)

35.   J.R. Mallika Devi, Sreedarshan, Palace Nagar 12A
      Thevally P.O. (SPM, Thirumullavaram 691012)

36.   S. Remadevi, Kalpakom, Kulangara bhagom
      Chavara P.O. (SPM Neendakara P.O.)

37.   A. Vijayalekshmi Amma, Neduvathuvila Veedu
      Cheriyela, Alammoodu, Mukhathala P.O.
      (Office Assistant, SSPOs, Kollam 691001.)

38.   K. Vijalekshmi, Sreelekshmi, MNRA 108
      Ramankulangara, Kavanad P.O
      (Office Assistant, SSPOs Kollam 691001.)

39.   K. Syamala, Amaravathy, Mampallikunnam,
      Chathannoor P.O. (Postal Assistant Kottiyam P.O.)

40.   L.S. Sylvia, Soma Bhavan, Mayyanad P.O.
      (Postal Assistant, Kollam HO.)

41.   T. Girija, Ayaira, CKP Perinad
      Postal Assistant, Kollam HO.)

42.   S. Sunila. Kollasseril. Prayar P.O. 690547
      (SPM. Athinad North P.O.)

43.   Lekha Ravindran, Sreevalsam, Padasouth,
      Karunagappally P.O. (SPM, Kulasekharapuram P.O.)

44.   P. Unnikrishnan Nair, Krishna Vilasam,
      Mavarakonam, Kalluvathukkal
      (SPM, Thekkumbhagam P.O.)

45.   T.Mathews Mathew, Thayyil Kizhakkedathil
      Perumpuzha PO 691 504
      (Postal Assistant, Kollam HO)

46.   R. Renuka Devi, Sreevignesh, MCRA 103
      Thirumullavaram P.O. (Postal Assistant, Kollam Civil Station).

47.   C. Lilly, Layam, Gandhi Mukku, Kottarakara P.O
      (Postal Assistant, Kollam HO.)

48.   L. Anantharamalekshmi, Vasantham, Devi Nagar 342
      Thirumullavaram P.O. 691012 (SPM, Thevally P.O.)

49.   J. R. Padmaja Devi, Aramom, Shoba, Thirumullavaram P.O.
      ( Postal Assistant, Kollam Cutchery P.O.)

50.       R. Sureshkumar, Suranya, Thazham North, Chathannoor P.O.
          (Postal Assistant, Thangassery P.O.)

51.       P. Sheeba, Rohini, Thottumkara, Mayyanad P.O
         (SPM, Pullichira P.O.)

52.       P.J. George Kutty, Parasseril House, Melkavu, Kottayam H.O.
          Postal Assistant, Kottayam H.O.)

53.      S. Alex, Junior Accountant, Velliavilai (Aruganthottu Vilai)
         Palappallam P.O. 629159, Kanyakumari District
          (Office of the Director of Postal Accounts, Trivandrum).

54.       A. Meetheen Pillay, 9/1, Sabnam, Near Govt. Higher
          Secondary School, Thiruvithamcode P.O.
          (Senior Accountant, Office of the DAP, Trivandrum).

55.      S. Lakshmi, TC 20/2876, Hari Saras, SRA 193,
         Karamana P.O. 695002
         (Sub Postmaster, Tv Govt. Press P.O
         Trivandrum 695001)                          ...       Applicants

(By Advocate Ms.Laila Sunil)

                               versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram - 695 001

3.       The Director of Postal Services (HQ)
         Office of the Chief Post Master General, Kerala Circle,
         Thiruvananthapuram.

4.       The Superintendent of Post Offices,
          Thiruvananthapuram Division
         Thiruvananthapuram.

5.       The Superintendent of Post Offices
         Kollam Division, Kollam

6.       The Superintendent of Post Offices
         Pathanamthitta Division, Pathanamthitta

7.       The Superintendent of Post Offices
         Kolttayam Division, Kottayam

8.       The Director (Staff)
         Department of Posts
         Ministry of Communications & IT
         New Delhi - 110 001                         ...       Respondents

(By Advocate Mr.Thomas Mathew Nellimoottil, ACGSC)

3.       O.A. NO. 988 OF 2011

1.        D. Sheela
         Jaya Bhavan, Agarathuvila, Kadavattaraam
         Neyyattinkara 695121 (Accountant, MACP II, HRO RMS,
         Trivandrum Division, Trivandrum 695001).

2.       T.S. Jayalekshmi
         5-A, Sun Elegance, Kesavan Nair Road, Poojapura P.O.,
         Thiruvananthapuram 695012.
         (OA MACP II, HRO RMS, Trivandrum Division
         Trivandrum 695001).

3.        V.S. Kumari Sudha
         Ashtamy, College Road, Dhanuvachapuram 695503
         (OA MACP II, HRO RMS, Trivandrum Division
         Trivandrum 695001).

4.        P. Padmavathy, TC 58/963,
         Chithirai, Padassery Lane, Attukal, Manacaud P.O
         Thiruvananthapuram - 695009
         (OA MACP II, HRO RMS, Trivandrum Division,
         Trivandrum 695001).

5.       S. Jalajambika , Shanmugha Vilasam
          Theviyode, Vithura P.O. 695551
          (OA, MACP II, HRO RMS, Trivandrum Division
         Trivandrum 695001).

6.       L. Usha Devi, TC4/935,
         Sree Chitira Nagar, Kurisuvilakathu Veedu,
          Kowdiar P.O., Thiruvananthapuram 695003
         (OA MACP II, HRO RMS, Trivandrum Division,
         Trivandrum 695001).

7.       L. Seethalekshmi Amma, Anjanam, TC-6/281 (23)
         Nethaji Road, Prasanthi Gardens, Vattiyurkavu P.O.,
         Thiruvananthapuram 695013
         (OA MACP II, HRO RMS, Trivandrum Division
         Trivandrum 695001).

8.       S. Vijayakumari
         Thulaseedharan, V.T. Bhavan, Dhanuvachapuram P.O. 695503
          (SA MACP II, HRO RMS, Trivandrum Division
          Trivandrum 695001).

9.       M. Spain Rose, Thoufeek, House No. 15,
         Vikhas Nagar, Ambalathara, Poonthura P.O
         Thiruvananthapuram 695026
         (Accountant MACP II, BPC, Trivandrum 695023).

10.      V. Vanajakumari,
         Devika, TC 22/583 (3) Konchira Vila, Manacaud P.O
         Thiruvananthapuram 695009
         (SA MACP II, BPC, Trivandrum 695023). ...          Applicants

(By Advocate Ms.Laila Sunil)
                                        versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi.

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram - 695 001

3.       The Director of Postal Services (HQ)
         Office of the Chief Post Master General, Kerala Circle,
         Thiruvananthapuram.

4.       The Senior Superintendent, R.M.S.
         Thiruvananthapuram Division,
         Thiruvananthapuram 695036.

5.       The Director (Staff),
          Department of Posts, Ministry of Communications & IT
         New Delhi 110001.                         ...        Respondents

(By Advocate Mrs.Deepthi Mary Varghese, ACGSC)

4.       O.A. NO. 31 OF 2012

1.       Jose Mathew
          Sorting Assistant MACP II, Sub Record Office,
          RMS TV Division, Kottayam
         Residing at Chennathu House, Chengalam P.O.
          Kottayam District- 686 585

2    .   P.R Sureshkumar,
         Sorting Assistant MACP II, Sub Record Office,
         RMS TV Division, Kottayam
         Residing at Pullatu, S H Mount P.O., Kottayam_ 686 006

3.        K.P.Sulochana Devi,
         Sorting Assistant MACP II, Sub Record Office
         RMS TV Division, Kottayam
         Residing at C-1I1-3, P & T Quarters, I
         Muttambalam, Kottayam-4

4.       V.Anjanakumari,
         Sorting Assistant MACP II, Sub Record Office,
          RMS TV Division, Kottayam
         Residing at Sreevilasam, Kumaranalloor P.O
         Kottayam-686 016

5.       R Sobhakumari, D
         Sorting    Assistant MACP II, Sub Record Office
         RMS TV Division, Kottayam
         Residing at Kolamkuzhiyil, Anicad East P.O., Kottayam

6.        Kuruvilla Varghese,
         Sorting Assistant    MACP II, Sub Record Office,
          RMS TV Division, Kottayam
         Residing at Vattamala (H), Velloor P.O, Pampady, Kottayam

7.       P.K.Geetha Devi,
         Sorting    Assistant MACP II, Sub Record Office,
         RMS TV Division, Kottayam
         Residing at Karipal House, Vadavathoor, Kottayam

8.       K.K.Ramani,
         Sorting Assistant MACP II, Sub Record Office,
         RMS TV Division, Kollam,
         Residing at Krishnakripa, FFRA-85, Mundakkal East, KolIam-1

9.        G.Hariprakash,
         Sorting Assistant MACP II
         Sub Record Office, RMS TV Division, Kollam
         Residing at Palvila Puthenveedu, Near BHS, Attingal.

10.       V.Rajkumar,
         Sorting Assistant MACP II, Sub Record Office,
         RMS TV Division, Kollam,
         Residing at Muruga Bhavan, Surianalle P.O.
         Munnar(via), Idukki District 685 618

11.      V.P. Sujeendra Babu
         Sorting    Assistant MACP II, Sub Record Office,
         RMS TV Division, Thiruvalla,
         Residing at Valavunkal House, Kunthrickal P.O.
         Thalavady, Thiruvalla, Alappuzha -689 572

12.       Roy T Eapen,
         Sorting Assistant MACP II, Sub Record Office
         RMS TV Division, Thiruvalla,
         Residing at Thayyil house, Velliara P.O.,
          Ayroor North, Pathanamthitta- 689 612

13.       K.Ponraj,
`        Sorting Assistant MACP II, Sub Record Office,
          RMS TV Division, Thiruvalla,
         Residing at Rajbhavan, Melady, Marayur P.O
         Idukki District - 685 620

14.      P.Gireesh Kumar,
         Sorting Assistant MACP II, Sub Record Office,
         RMS TV Division, Alappuzha,
         Residing at Krishnapuri, North Aryad,
         Mannancherry P.O., Alappuzha- 688538

15.       P.J.Aleykutty,
         TBOP Sorting Assistant, Sub Record Office
          RMS TV Division, Thiruvalla, residing at CA II,
          P& T Quarters, Alappuzha

16.      M.V.Jayasree,
         Sorting Assistant MACP II, Sub Record Office,
          RMS TV Division, Alappuzha,
         Residing at Ambady, Varanad P.O., Cherthala,
          Alappuzha.                               ...      Applicants

(By Advocate Ms.Rekha Vasudevan)

                                         versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi.

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram - 695 001

3.       The Director of Postal Services (HQ)
         Office of the Chief Post Master General, Kerala Circle,
         Thiruvananthapuram.

4.       The Superintendent of Post Offices,
         R.M.S. T.V Division,
         Thiruvananthapuram, Kerala

5.       The Director (Staff),
          Department of Posts, Ministry of Communications & IT
         New Delhi 110001.                         ...        Respondents

(By Advocate Mr.Millu Dandapani, ACGSC (R1-4)

5.       O.A. NO. 1150 OF 2012

1.        M. J. Leela,
          Sorting Assistant, Sub Record Office,
          Railway Mail Service, Ernakulam Division,
         Residing at Thadavanal House,
         Arakulam P.O., Idukki- 685 591

2.        P.D.Philip,
          Sorting Assistant, Sub Record Office
          Railway Mail Service, Ernakulam Division
         residing at Pazhoor House, Puthenchira,
          Muthalakodam P.O., Idukki-685 505

3.        T.K.Rajeev,
         Sorting Assistant, Sub Record Office,
          Railway Mail Service, Ernakulam Division
          residing at Thekkemoozhickal, Kurumpalamattom
          Karimannoor P.O., Idukki-685 581

4.       I. Indira,
         Sorting Assistant, Sub Record Office,
         Railway Mail Service, Ernakulam Division,
         Residing at Narayana Mangalam, Muvattupuzha- 686 661

5.        Baby Joseph
         Sorting Assistant, Sub Record Office, Railway Mail Service,
         Ernakulam Division,
         Residing at Palekudiyil, Ayavana P.O., Idukki- 686 668

6        Jessy Augustine
         Sorting    Assistant, Sub Record Office,
         Railway Mail Service, Ernakulam Division

         Residing at Padinjarekara, Puthepura, Karimpana P.O.,
         Koothattukulam 686662

7.        P. Letchmanan,
         Sorting Assistant, Sub Record Office, Railway Mail Service,
         Ernakulam Division,
         Residing at Augraham House,
         Marayur P.O., Idukki-686 520

8.       M.B.Karunakaran,
         Sorting    Assistant, Sub Record Office, Railway Mail Service,
         Ernakulam Division,
         Residing at Madapparayil House,
         Muvattupuzha P.O.- 686 661                ...        Applicants

(By Advocate Ms.Rekha Vasudevan)
                                           versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi- 110 001

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram, Kerala - 695 033

3.       The Director of Postal Services (HQ)
         Office of the Chief Post Master General, Kerala Circle,
         Thiruvananthapuram., Kerala - 695 033

4.       The Superintendent of Post Offices,
         Railway Mail Service, Ernakulam Division,
         Ernakulam - 682 011

5.       The Director (Staff),
          Department of Posts, Ministry of Communications & IT
         New Delhi 110001.                         ...        Respondents

(By Advocate Mr.Millu Dandapani, ACGSC )

6.       O.A. NO. 1151 OF 2012

1        R. Girija,
         Office Assistant, Divisional Office,
         Department of Post, Idukki Division,
         Residing at Puramadathil House, Edamuruku,
         Cheenikuzhi P.O., Udumbanoor - 685595

2.       B. Vijayakumar,
         Office Assistant, Divisional Office,
         Department of Post, Idukki Division,
         Residing at Souparnika, Chittoor, Puthuperiyaram P.O.,
         Vengallur- 685608

3.       O. R. Girija,
         Postal Assistant, Thodupuzha Head Office
         Department of Post, Idukki Division,
         Residing at Thekkanathu House,

          Thodupuzha East     P.O., Kanjiramattom,
           Idukki 685 585

4.       Santhy Jose,
         Postal Assistant, Thodupuzha East
         Department of Post, Idukki Division
         Residing at Elavunkal House, Thodupuzha East P.O.
         Idukki 685 585

5.       M.S.Lathika Devi
         Postal Assistant, Thodupuzha Head Office
         Department of Post, Idukki Division,
         Residing at Mangalamundakal
         Thodupuzha East, Idukki 685 585.

6        Anitha T.R.
         Postal Assistant, Karimanur,
         Department of Post, Idukki Division,
         Residing at Kunnumpurath, Thodupuzha, Idukki

7.       N. Harikumar,
         Postal Assistant, Muthalakodam Sub Office,
         Thodupuzha, Department of Post,
         Idukki Division,
         Residing at Puthenveedu, Kolani P.O
         Thodupuzha, Idukki

8        Nixon John,
         Sub Postmaster, Thodupuzha East,
         Department of Post, Idukki Division,
         Residing at Palammattam House,
         Chittoor, Puthupariyaram P.O
         Vengalloor, Idukki-  685 608              ...        Applicants

(By Advocate Ms.Rekha Vasudevan)
                                         versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi- 110 001

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram, Kerala - 695 033

3.       The Director of Postal Services (HQ)
         Office of the Chief Post Master General, Kerala Circle,
         Thiruvananthapuram., Kerala - 695 033

4.       The Superintendent of Post Offices,
         Idukki Division, Thodupuzha, Kerala - 685 584

5.       The Director (Staff),
          Department of Posts, Ministry of Communications & IT
         New Delhi 110001.                         ...        Respondents

(By Advocate Ms.Deepthi Mary Varghese, ACGSC)

7.        O.A. NO. 1014 OF 2010

          P.Premalatha
          Sub Postmaster, Angamali South
          Ernakulam District
          Residing at Latha Vilas House
          Manickamangalam P.O
           Kalady - 683 574                       ...       Applicant

(By Advocate Mr.TCG Swamy)
                                         versus

1.        Union of India represented by Secretary
          to Government of India
          Ministry of Communications & IT
          (Department of Posts), Dak Bhavan
          New Delhi- 110 116

2.        The Chief Postmaster General
          Kerala Postal Circle, Thiruvananthapuram

3.        The Post Master General
          Central Region, Kochi

4.        The Senior Superintendent of Post Offices,
          Aluva Postal Division, Aluva
          Ernakulam District                      ...       Respondents

(By Advocate Mr.Sunil Jacob Jose, SCGSC)

These applications having been heard on          22.08.2013, the Tribunal on
01.10.2013 delivered the following order:

                                   O R D E R

HON'BLE Dr.K.B.S.RAJAN, JUDICIAL MEMBER


          As the issue involved in the above cases is one and the same, the

same are dealt with in this common order. However, as a leading case,

facts as well as reference as contained in OA No. 79 of 2011 have been

taken for the purpose of discussion.



2.        Counting of service rendered by the applicants under the Reserve

Trained Pool system for the purpose of seniority, benefits relating to financial

upgradations and other consequential benefits is the issue involved in these

cases.

3.        Sometimes in the eighties, the respondents had introduced a

system called Reserve Trained Pool (RTP for short) vide order dated 30-10-

1980, at Annexure A-1. The salient feature of this system includes that

when posts of Postal Assistants and Sorting Assistants were filled in each

recruitment unit, while drawing a list of selected candidates equivalent to the

number of vacancies to be filled up, an additional list upto 50% of the

vacancies would be prepared and these would also be imparted training and

categorized as trained reserve candidates and kept in reserve, to meet the

future regular and current emergent needs of manpower in the Post and

RMS Offices. In other words, these RTP candidates could be compared to

wait-listed candidates with an assurance of regularization against future

vacancies.



4.        Such a list was prepared in which all the applicants in the above

O.As figured and their services were utilized for emergent needs. In view of

the imposition of ban on direct recruitment from 1984 to 1990, these RTP

were not regularized against any of the vacancies that arose during the

above period. It was only in 1990 that such vacancies were filled up by

absorption of the aforesaid RTP candidates.



5.        A number of Original Applications were filed by the RTP

candidates including some of the applicants in these O.As, during 1990 and

1991 praying for a declaration that the applicants were entitled to get the

benefit of their services commencing from the date of their initial

engagement as RTP PAs for the purpose of annual increment, bonus, length

of service for the purpose of departmental examination and for seniority and

other purposes and for a direction to the respondents to afford the applicants

the consequential benefits arising from such declaration. These O.As, with

814 of 90 as the main case were decided vide         Annexure A-6 order dated

21-04-1992 whereby the Tribunal directed the respondents to afford such of

the RTP candidates who had rendered continuous service of over one year

at 8 hours a day, temporary status and count half such service as qualifying

service for pension and all the benefits available to casual mazdoors having

been granted temporary status would also percolate upon such RTP

candidates from the date of their temporary status. This order was followed

in subsequent applications as well, vide orders at Annexures A-9 and A-10.

The decision in OA No. 814 of 1990 was under challenge before the Apex

Court and the same was then pending.



6.     Four individuals similarly circumscribed as the applicants in these

O.As, filed a case before the Tribunal and the Tribunal, after referring the

matter to the Industrial Tribunal for fact finding purposes, held that such

persons be granted seniority        with reference to the initial date of their

appointment. Annexure A-11 order dated 8th February, 1996 refers. The

order was implemented, whereby these individuals were accordingly granted

seniority from the date of their initial appointment.



7.     The   challenge against        decision in OA No. 814 of 1990 and

connected cases (vide Annexure A-6) which was challenged by the

respondents herein before the Apex Court, was decided and the Apex Court

vide judgment reported in Union of India vs K.N. Sivadas (1997) 7 SCC 30

held that there is no comparison between the RTP and casual labourers as

these two are under two different schemes. The Apex court has thus held in

that judgment as under:-

         "The position of these two categories of employees is very
         different as we have already set out. The Tribunal has also
         erred in assuming that casual labourers are getting these
         benefits during the period for which the RTPs are claiming
         these benefits. RTPs have already obtained the benefit of
         absorption in regular service because of their own scheme.
         They, therefore, cannot, on the one hand, avail of their own
         special scheme and at        the same time, claim additional
         benefits on the basis of what has been given to the casual
         labourers. This is unwarranted, especially as the period for
         which they claim these benefits is the period during which
         such benefits were not available to casual labourers."



8.        OA 1178 of 1996 was filed by a number of such RTP candidates,

seeking the benefit of regularization from retrospective effect but the same

was rejected by the Tribunal and the matter was taken up with the High

Court, which too, after detailed discussion rejected the writ petition No.

21249 of 2000 vide Annexure A-12.



9.        Well before the above order was passed, the Jabalpur Bench of

the Tribunal dealt with identical case and passed Annexure A-7 order dated

16th December, 1986 whereby the following directions were given:-

        "10. Under the circumstances, to end the unreasonable and
        unjust classification that had been introduced as the result of
        dual policy of the Government as reflected in the issue of the
        circular (Annexure R1) and the stopping of further
        recruitment and absorption to the cadre of posts of Postal
        Assistants, as affirmed in para 8 of the Respondent's return
        dated 24.6.1985, we direct that:-

           a. Government shall review their policy to stop
               recruitment/absorption of persons against regular
               Postal Assistants.

           b. No persons shall be inducted              from other
               Departments like Railway Mail Service and
               Telecommunication Department to man posts of
               Postal assistants until the petitioners are absorbed
               against regular posts.

           c. No fresh persons be taken and recruited against
               the R.T.P. (Reserve Trained Pool) until the
               Government reviews their policy as under (a)
               above. The operation of the circular dated

               31.10.1980 (Annexure R1) in regard to recruitment
               of fresh persons to R.T.P. other than petitioners is
               struck down in exercise of this Tribunal's writ
               jurisdiction.

             d. The absorption of the petitioners against regular
               posts will be so phased on the basis of para 2 of
               circular dated 30.10.1980, as if no restriction had
               been        imposed        on        their     regular
               recruitment/absorption     earlier   and    shall   be
               completed within a reasonable period from the date
               of    this   order,   if  necessary      by   creating
               supernumerary posts, and subject to screening of
               the unfit by a specially constituted screening
               committee      to   examine      their   record    and
               performance. The Screening Committee shall also
               keep in view their seniority in the R.T.P.

           11. x x x x

       12.   Under the circumstances, for reasons stated in the
       preceding paragraph, we find the provisions of the circular
       dated   30.10.1980 (Annexure R1) in so far they relate to
       payment of hourly rates of wages to employees in the R.T.P.
       discriminatory and violative of Article 14 and 16 of the
       Constitution and are struck down. We direct respondents that
       the R.T.P. Employees performing the same duties as Postal
       Assistants shall be paid the same salary and emoluments per
       mensem as are being received by Postal Assistants with effect
       from the date of their appointment. As regards other conditions
       of service and facilities demanded by the petitioners this is
       subject to their regular absorption as directed in para 10."

10.        The above decision of Jabalpur Bench was challenged before the

Apex Court in SLP (C) No. 11313 of 1997 which was however, dismissed.

This decision was followed in a subsequent decision by the Bombay Bench

in OA No. 719 of 1996 and 8 other connected cases, vide order dated 31st

August, 2010 at Annexure A-30.



11.        Similarly, the Madras Bench of the Tribunal had also dealt with

identical issue and by its order dated 25-02-1988, direction was given for

absorption of the RTP candidates against regular vacancies in the order of

merit in the Reserved Trained Pool from the date next regular vacancies in

their turn materialized. Annexure A-8 refers.

12.          When a scheme called Time Bound One Promotion (TBOP for

short) was introduced in 1983, the same provided for automatic promotion

on completion of 16 years of service as Postal Assistant or Sorting Assistant.

The stipulation of 16 years of service was interpreted by the respondents as

16 years of regular service and a case was filed by one Mathivanan who was

an RTP candidate, selected for the Army Postal Service and his appointment

prior to his entry in the Army Postal Service was purely ad hoc. The matter

reached upto the Apex court and the Apex Court had held that since the

term 'regular' was not figuring with the term "sixteen years of service"

notwithstanding the fact there was no regular service but the individual

completed 16 years of service, he was granted the benefit of the TBOP

Scheme. Judgment of the Apex Court - Union of India vs M. Mathivanan

(2006) 6 SCC 57 refers. This decision was uniformly applied to all similarly

situated till 31-08-2008 after which the TBOP Scheme was replaced by

MACP Scheme, vide Annexure A-15.



13.          The applicant in OA No. 79 of 2011              had moved two

representations, vide Annexure A-13 and A-17, inviting the attention of the

respondents to the decision vide Annexure A-11 which was implemented by

the respondents and sought similar relief. The two representations have not

been responded to by the respondents.



14.          The respondent No. 1 had, vide Annexure A-29 passed an order,

referring to various decisions, to the effect that while TBOP scheme did not

specifically refer to regular service, the subsequent MACP scheme having

specifically utilized the term "regular service", the services rendered prior to

regularization of the RTP candidates be not reckoned while considering the

eligibility for grant of MACP.

15.    The above order of the respondents is under challenge and           the

applicants   in all these O.As have claimed almost identical reliefs. The

reliefs sought in the main OA 79/11 are reproduced hereunder:-


          (a)        Declare that the applicant is entitled to be
          accommodated against the regular vacancy which arose in
          the year 1984, i.e. the next recruiting year subsequent to
          her selection as Short Duty Postal Assistant in 1983, as
          directed by the Jabalpur Bench of this Hon'ble Tribunal in
          Annexure A-7 final order and to direct the respondents to
          grant her regular absorption with effect from the date if the
          regular vacancy which arose in the year 1984, .e the next
          recruiting year subsequent to her selection as Short Duty
          Postal Assistant in 1983 and to refix her seniority and other
          consequential service benefits accordingly.

          (b)        Direct the respondents to count her service
          rendered as     Reserve Trained Pool for the purpose of
          granting the financial upgradation under the Time Bound
          One Promotion Scheme and the Modified Assured Career
          Progression Scheme.

          (c)        Quash Annexures A-29 letter dated 12.04.2012
          issued by the Director (Staff), Ministry of Communications &
          IT.

16.       Respondents have contested the O.A. They have highlighted the

aspect of limitation on the one hand and laid stress that the decision in

Mathivanan would apply to those who were similarly situated as the said

Mathivanan (APS).



17.       Counsel for the applicants argued that the respondents had

eclipsed the existence of the decision by the Jabalpur Bench when the case

of Sivadas was considered by the Tribunal as well as the Apex Court. The

decision in Sivadas in fact only compared the status of the RTP and casual

labourers with temporary status. The benefit of service prior to regularization

had been granted for the purpose of TBOP as per the information gathered

under RTI. The applicants are entitled to the reliefs sought for, on the

strength of Annexure A-7 order of the Jabalpur Bench as well as Annexure

A-11 order of this Bench. Restricting the benefit of Annexure A-11 order to

the applicants therein alone is illegal as the decision in that case has to be

taken as applicable for all similarly situated.



18.     Counsel for the applicant in OA No. 1014 of 2010 submitted that the

case of the applicant in that OA is slightly different from the other cases in

that, in that case, the applicant filed OA No. 323 of 11 and the same was

disposed of by order dated 13 Feb. 2012 . The direction given to the

respondent in that order that the respondents would consider the case of the

applicant for financial upgradation under MACP duly taking into account the

services rendered as RTP candidate without the benefit of seniority and

would take appropriate decision and intimate the decision within a time of six

months. The respondents had accordingly, considered but the rejected the

case of the applicant by order dated 28-05-2012 stating that vide the

Directorate Instructions dated 12-04-2012 and in view of the judgment in the

case of K.N. Sivadas and provisions contained in the MACP scheme it was

concluded that the services rendered under RTP scheme by the personnel

prior to their regular appointment of PA/SA cannot be counted for promotion,

seniority and grant of MACP. Thus, the case of the applicant was rejected.

The counsel submitted that the direction as per A-6 order dated 13-02-2012

was to the first respondent viz., the Secretary, Ministry of Communications,

Dept of Posts, whereas the rejection letter came from the Chief Postmaster

General.     The rejection order is without application of mind as the

respondents had failed to take into account the factum of having conceded

before the Tribunal in OA No. 323 of 2011.

19.        Counsel for the respondents maintained the same contention of

limitation as well as non permissibility of counting of the services prior to

regularization in respect of grant of MACP.



20.        Arguments were heard and documents perused. Sivadas only

distinguished the cases covered by RTP scheme on the one hand and

Casual Labourers (Grant of Temporary Status) Scheme on the other and

held that the former, who is better placed, cannot claim any benefit available

to the latter in addition to the ones available under the RTP Scheme. The

Apex Court in that case did not examine the scope or extent of the benefits

available to the RTP, save stating that the benefits available under that

scheme alone would have to be afforded to RTP and not in addition thereto

the benefits available to the temporary status casual labourers. Mathivanan

held that for grant of TBOP regular service need not be insisted and thus

services rendered in the APS could be reckoned for the purpose of working

out the eligibility of grant of TBOP. In fact, order dated 21st July, 2010 vide

Annexure A-15 was passed in pursuance of the decision of the Apex Court

in Mathivanan. The contention of the respondents is that the said decision

would apply to cases where an RTP candidate, granted ad hoc status prior

to deputation to APS was later sent to APS and would not apply to those

who remained as RTP candidates throughout till their regularization in 1990.



21.         The claim of the applicants in these O.As is not related to any

such benefits as in the case of Sivadas. At the same time, the fact remains

that there is an observation by the Apex Court about the superior status of

the RTPs compared to that of casual labourers with temporary status. This

is evident from the observation of the High Court in para 3 of Annexure A-12,

wherein it has been observed, "The apex Court further held that R.T.Ps are

better placed...". This observation cannot be lost sight of.



22.         Mathivanan dealt with the entitlement of ad hoc services to be

reckoned for TBOP, which scheme did not stipulate 16 years of 'regular'

service but only insisted on 16 years of service in the grade.       The ratio in

that decision is that services rendered irrespective of whether the same were

regular or otherwise would count.



23.     Admittedly, from 1984 there had been a ban on direct recruitment on

account of which alone, it was not possible for the respondents to regularize

the services of a number of RTPs inducted in early 1980s. It is not the case

of the respondents that there arose no vacancies during the period of ban.

But for the clamping of the ban, many of the RTPs would have been

absorbed against regular vacancies in their turn. In fact, in another decision

in OA No. 323 of 2012 decided on 13trh February, 2012 (filed by the

applicant in OA No. 1014 of 2010), this Bench of the Tribunal had

considered an identical case and recorded vide para 16 thereof, "In view of

this fact, the respondents have fairly conceded that the issue of counting the

services of RTP candidate for financial upgrdation under MACP on purely

personal basis without any benefit of seniority is under active consideration

of the Respondents." Of course, the aforesaid consideration culminated in

the impugned order dated 12th April, 2012 vide Annexure A-29. Therein, the

decision was that there is a striking difference in respect of qualifying service

under TBOP and MACP Scheme, in that for the former, the requirement was

only 16 years of service, while in the latter the requirement is 'regular

service.' And in respect of TBOP, from the information received under RTI

by the applicants, some cases of RTP candidates were favourably

considered for grant of TBOP and some were under consideration etc., vide

Annexures A-21 to A-28. The decision in Mathivanan to reckon the service

prior to regular service was not on the specific reason that the individual

joined APS to confine the benefits to those who had joined APS. It only

considered whether service prior to regularization could be reckoned or not.

From this point of view, there cannot be an intelligible differentia between

those of the RTPs who had joined APS and who had not to deny the

benefits of the decision in Mathivanan to the applicants.        All the RTP

candidates should be considered at par.



24.        As regards challenge to order dated 28-5-2012 in OA NO. 1014 of

2010, the decision conveyed to the applicant was in the wake of

communication from the Directorate dated 12-04-2012 (Annexure A-29 in the

other OA No. 79 of 2011). As such, the same cannot be said to be the

decision of the Chief PMG. Further, the order dated 13-02-2012 referred to

the admission of the respondents only to the extent that the issue of counting

of service as RTP candidate for financial upgradation on purely personal

basis was only 'under consideration' of the respondents. It does not seem to

be an assurance to give any financial benefits under thereof, when the

conditions attached to the MACP scheme does not get fulfilled.



25.       In so far as the challenge to Annexure A29 order dated 12th April,

2012 is concerned, the challenge is not legally sustainable. In its decision in

the case of M.Mathivanan, the Apex Court has distinguished regular service

and service simplicitor. In so far as TBOP is concerned, the requirement was

not regular service and accordingly those who had put in 16 years of service

(need not one of regular) were also to be covered by the TBOP Scheme.

However, a specific stipulation of regular service has been provided for in

respect of MACP which substituted TBOP Scheme. As such, Para 7 of the

said order at Annexure A29 is legally sustainable. Thus the entire case could

be converged to the following extent:-



      (a)      In so far as reckoning of service for the purpose of

        grant of TBOP benefits there is no difference between a

        RTP candidate whose services were regularized later on

        and an RTP candidate who was sent to APS and was

        reverted after his deputation period, The decision of the

        Apex Court in M.Mathivanan is, therefore, applicable to all

        those RTPs irrespective of whether they were sent to APS

        or not.


      (b)      In so far as MACP is concerned, the period of service

        shall be reckoned only from the date of regular service

        disregarding the services rendered prior to regularization.


      (d)        For grant of 2nd financial up-gradation under the

        MACP Scheme, it shall be only the regular service that has

        to be counted and not 10 years after the grant of TBOP

        benefits, since TBOP benefits were granted without taking

        into account the regular service.


      (e)       There is no question of regularization from the date of

        initial appointment or from the date vacancy arose, much

        less seniority on the basis of such regularization as the

        same had been rejected by the High Court vide judgment at

        Annexure A-12 already referred to.



26.      In view of the above, the only benefit that could be available to the

applicants is that in so far as grant of TBOP is concerned, if the respondents

have taken into account only the regular service and not the service before

regularization    they should take into account such service as well. Since

vacancies of 1984 onwards could not be filled up due to ban on recruitment

and the applicants were serving as RTPs during these years, the services

rendered by them from 1984 to 1990 or thereafter till the date of

regularization should be considered as service that could be reckoned for

working out the eligibility for benefits of TBOP Scheme.



27.       In view of the above, all these Original Applications are disposed of

with direction to the respondents as under:-

          (a)    Respondents shall work out the vacancies that arose

          from 1984 onwards, which could not be filled up on on

          account of the ban on recruitment.


          (b)    RTP candidates on the basis of their year of

          recruitment, coupled with the order of merit, shall be

          accommodated notionally against such vacancies that

          were lying unfilled from 1984 onwards.


          (c)    It is from the date on which these applicants could be

          deemed to have been placed against such vacancies that

          the period of 16 years of service for grant of TBOP benefits

          shall be worked out.


           (d)    On completion of 16 years of such service, they

           would be deemed to have been granted TBOP benefits

           and the pay in the higher scale shall be fixed.


           (e)    Arrears shall be worked out in respect of these

           cases and the same shall be payable to the applicants

           concerned.

         (f)  In so far as MACP is concerned, the period of 20

         years for 2nd MACP shall be reckoned only from the date of

         regular appointment and those who are entitled to 2nd

         MACP financial benefits accordingly shall be afforded the

         same, if not already done.



28.      The above order shall be complied with, within a period of six

months from the date of communication of this order. No order as to costs.



         Dated, the 1st October, 2013.




K.GEORGE JOSEPH                                       Dr.K.B.S.RAJAN
ADMINISTARTIOVE MEMBER                                JUDICIAL MEMBER




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