Voluntary retirement under Rule 48 of CCS (Pension) Rules.

When the Govt. servant is not under suspension, and serves notice for voluntary retirement under rule 48 of CCS(Pension)Rules it cannot be denied by the competent authority.

CENTRAL ADMINISTRATVIVE TRIBUNAL, PRINCIPAL BENCH

OA 1098/2010

New Delhi this the 21st day of July, 2010

Hon ble Shri Shanker Raju, Member (J)
Hon ble Dr. Veena Chhotray, Member (A)


Ved Prakash Sharma,
S/o Shri Shiv Lal Sharma,
Retired Assistant Postmaster (BCR),
Narnaul Head Post Office,
Gurgaon Division,
R/o 270, Baba Haridas Nagar,Tikri Border,Delhi Applicant.
(By Advocate Shri Sant Lal )

VERSUS

1. The Union of India
Through the Secretary,
M.O. Communications & I.T.,
Department of Posts,
Dak Bhawan, New Delhi-110001.

2. The Chief Postmaster General,
Haryana Circle, Ambala Cantt-133001.

3. The Director Postal Services,
Gurgaon Division,
Gurgaon 122001. Respondents.

(By Advocate Shri K.R. Sachdeva )

O R D E R

Shri Shanker Raju, Member (J):

Letter dated 14.10.2009, Memo dated 18.02.2010 and letter dated 08.03.2010 which relates to a show cause notice issued to the applicant to join duty and to be proceeded against him departmentally and also rejection of his request for voluntary retirement, are being challenged. Applicant, who had not only crossed the age of 55 years but had also completed more than 30 years qualifying service, had served a notice of three months for voluntary retirement under FR 56 (K) (1) on the respondents, on 06.06.2009. However, as the notice had not referred to the correct rule, a communication was sent to the applicant, on 03.07.2009, which resulted in letter dated 17.07.2009 to the respondents whereby Rule 48 of the CCS (Pension) Rules, 1972 was referred to. However, on 14.09.2009, request for voluntary retirement was turned down due to a contemplated disciplinary case.

2. Learned counsel for the applicant states that under FR 56 (K) (1) on three months notice for Group `A and `B posts, it is not open to the appropriate authority to withhold permission unless the applicant is under suspension. He has relied upon the decision of the Tribunal in Krishan Pal Vs. Union of India & Ors. (OA 1510/89), to buttress his plea. Leaned counsel has also relied upon the decision of the Apex Court in Dinesh Chandra Sangma Vs. State of Assam (1977 (4) SCC 441). He submits that in D.N. Madan Vs. Union of India & Ors. (OA 87/2004), decided on 15.07.2004, it has been held that under Rule 48 of the CCS (Pension) Rules, 1972 on completion of thirty years qualifying service, acceptance of notice is not required. In this background, it is stated that as the notice under Rule 48 of the Pension Rules was given by the applicant on 17.07.2009, he is deemed to have retired on 18.10.2009 and is entitled to the benefits as admissible to a retiree.

3. On the other hand, respondents counsel Shri K.R. Sachdeva, vehemently opposed the contentions. According to him, the earlier notice under FR 56 (K)(1) was not in accordance with the rules and as the second notice under Rule 48 the Pension Rules was issued, a contemplated disciplinary proceeding on account of absence of the applicant was in vogue, as such the permission to retire him has been withheld which does not suffer from any infirmity.

4. We have carefully considered the rival contentions of the parties and perused the material on record.

5. Rule 48 of the CCS (Pension) Rules ibid clearly provides, on completion of thirty years of service on notice of three months, an automatic voluntary retirement and the only impediment is that one should not be under suspension which is not in the present case. A Division Bench of the Tribunal in Thakur Ajeet Singh Vs. Union of India & Ors. (2004 (1) ATJ 440) ruled that three months notice under Rule 48 of the Pension Rules does not require any permission. Moreover, the issue has been led to rest by the Apex Court in Tek Chand Vs. Dile Ram (2001 SCC (L&S) 555) by making the following observations:
35. In our view, this judgment fully supports the contention urged on behalf of the appellant in this regard. In this judgment, it is observed that there are three categories of Rules relating to seeking of voluntary retirement after notice. In first category, voluntary retirement automatically comes into force on expiry of notice period. In second category also, retirement comes into force unless an order is passed during notice period withholding permission to retire and in third category, voluntary retirement does not come into force unless permission to this effect is granted by the competent authority. In such a case, refusal of permission can be communicated even after the expiry of the notice period. It all depends upon the relevant Rules. In the case decided, the relevant Rule required acceptance of notice by appointing authority and the proviso to the Rule further laid down that retirement shall come into force automatically if appointing authority did not refuse permission during the notice period. Refusal was not communicated to the respondent during the notice period and the court held that voluntary retirement came into force on expiry of the notice period and subsequent order conveyed to him that he could not be deemed to have voluntarily retired had no effect. The present case is almost identical to the one decided by this Court in the aforesaid decision.

36. This Court in B.J. Shelat v. State of Gujarat & Ors. [(1978) 2 SCC 201] while dealing with a case of voluntary retirement, referring to Bombay Civil Service Rules, Rule 161(2)(ii) proviso and Rule 56(k) of the Fundamental Rules, in similar situation, held that a positive action by the appointing authority was required and it was open to the appointing authority to withhold permission indicating the same and communicating its intention to the Government servant withholding permission for voluntary retirement and that no action can be taken once the Government servant has effectively retired. Paras 9 and 10 of the said judgment read thus :

"9. Mr. Patel next referred us to the meaning of the word 'withhold' in Webster's Third New International Dictionary which is given as 'hold back' and submitted that the permission should be deemed to have been withheld if it is not communicated. We are not able to read the meaning of the word 'withhold' as indicating that in the absence of a communication, it must be understood as the permission having been withheld.

10. It will be useful to refer to the analogous provision in the Fundamental Rules issued by the Government of India applicable to the Central Government servants. Fundamental Rule 56(a) provides that except as otherwise provided in this Rule, every Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty-eight years. Fundamental Rule 56(j) is similar to Rule 161(aa)(1) of the Bombay Civil Services Rules conferring an absolute right on the appropriate authority to retire a Government servant by giving not less than three months' notice. Under Fundamental Rule 56(k), the Government servant is entitled to retire from service after he has attained the age of fifty-five years by giving notice of not less than three months in writing to the appropriate authority on attaining the age specified. But proviso (b) to Sub-rule 56(k) states that it is open to the appropriate authority to withhold permission to a Government servant under suspension who seeks to retire under this Clause. Thus, under the Fundamental Rules issued by the Government of India also the right of the Government servant to retire is not an absolute right but is subject to the proviso whereunder the appropriate authority may withhold permission to a Government servant under suspension. On a consideration of Rule 161(2)(ii) and the proviso, we are satisfied that it is incumbent on the Government to communicate to the Government servant its decision to withhold permission to retire on one of the grounds specified in the proviso." In this decision, effect of Rule 56(k) of Fundamental Rules is also considered which answers the argument of the learned Counsel for the respondent on this aspect. It may also be noticed that under Rule 48A in Government of India's decision giving instructions to regulate voluntary retirement it is stated, "Even where the notice of voluntary retirement given by a Government servant requires acceptance by the appointing authority, the Government servant giving notice may presume acceptance and the retirement shall be effective in terms of the notice unless the competent authority issues an order to the contrary before the expiry of the period of notice".

37. If we accept the argument of the learned senior Counsel for the respondent, even if the refusal of voluntary retirement is not communicated within the period specified in the notice, the voluntary retirement cannot be effective unless it is accepted by the appointing authority, no meaning and effect can be given to the proviso to Sub-rule (2) to Rule 48A. It is cardinal rule of construction that no word or provision should be considered redundant or superfluous in interpreting the provisions of a statute or a Rule.
6. In the light of the above, as the applicant has served a proper notice under Rule 48 of the Pension Rules and being eligible on 17.07.2009, the same attains finality and does not require any permission and as the applicant was not under suspension, he is deemed to have retired on 18.10.2009. Rejecting his request on account of disciplinary case is not in accordance with the rules.
7. Resultantly, O.A. is allowed. Impugned orders are set aside. Respondents are directed to deem the applicant retired voluntarily w.e.f. 18.10.2009 and he shall be entitled to all pensionary benefits, which are as per rules. The same may be released to him within a period of two months from the date of receipt of a copy of this order. No costs.



( Dr. Veena Chhoray) (Shanker Raju)
Member (A) Member (J)

Protection of Pay in new post after abolition of post of GDS

Protection of Pay in new post after abolition of post of GDS

CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH

O.A. NO.388/2010 Dated this the 21st day of July, 2010
C O R A M

HON'BLE MR.JUSTICE K. THANKAPPAN, JUDICIAL MEMBER
HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER

R. Sajeendran
BPM Irinchayam
Poovathur PO ..Applicant
By Advocate Mr. Vishnu S. Chempazhanthiyil

Vs
1 The Superintendent of Post Offices
Thiruvananthapuram South Postal Division
Thiruvananthapuram-14

2 Union of India represented by the
Chief Postmaster General
Kerala Circle
Thiruvananthapuram. ..Respondents

By Advocte Mr.A.D. Raveendra Prasad, ACGSC

The Application having been heard on 8.7.2010 the Tribunal
delivered the following:

O R D E R
HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER

The applicant, a GDS, seeks protection of pay in the new post to which he is appointed consequent in abolition of his original GDS post.
2 The applicant entered in service on 16.6.1995 as ED Messenger and later as GDS Mail Man at Nedumangad Sub Office, under the 1st respondent and was drawing pay of Rs. 1620 plus DA. When the post of GDS Mail Man was abolished in January, 2006, he was posted asGDS BPM, at Irinchayam, initially on provisional basis (A-1) and later on permanent basis (A-2). However, while fixing his pay, it was fixed at Rs.1280 plus DA without protecting the pay drawn by him. Aggrieved, he filed this O.A to direct the respondents for protection of pay consequent on his posting as GDS BPM, Irinchayam. He has relied on
the various orders of this Tribunal in O.A. 220/2007, 270/2006 , etc. in support of his case.

3 This O.A was admitted on 20.5.2010 and the Tribunal directed the respondents to file reply statement within six weeks. On 8.7.2010 when the matter was taken up for further orders, the respondents did not file reply statement. However, the learned counsel for the applicant submitted that identical matters have been considered and allowed by this Tribunal.

4 The question that comes up for consideration is whether a GDS when he is shifted from one post to another post consequent on abolition of the post, is entitled to protection of pay or not. The claim
of the applicant is that under provisions of extant rules his emoluments should be protected. We find that in a series of cases in O.A. 941/2001, 704/2004, 220/2007 and 148/2009 the Trilbunal has held
that when a GDS is transferred to another GDS post in the same recruiting unit on account of abolition of the post or on request, protection of the allowances drawn by him is to be permitted.
5 Further, a Full Bench of the Tribunal in O.A. 594/06 dealing with identical cases answered the reference as follows:
49. Now, the entire situation would be summarised and references duly answered as under:-

(a) As per the rules themselves, in so far as transfer within recruitment unit and in the same post with identical TRCA, there shall be no depletion in the quantum of TRCA drawn by the transferred individual.

(b) In so far as transfer from one post to the same Post with Diff. TRCA and within the Same Recruitment Unit, administrative instructions provide for protection of the same vide order dated 11th October, 2004, subject only to the maximum of the TRCA in the transferred unit (i.e. maximum in the lower TRCA).

(c) In so far as transfer from one post to a Different Post but with same TRCA and within the same Recruitment Unit, as in the case of (a) above, protection of TRCA is admissible.

(d) In respect of transfer from one post to another within the same recruitment unit but with different TRCA (i.e. from higher to lower), pay protection on the same lines as in respect of (b) above would be available.

(e) In so far as transfer from a post carrying lower TRCA to the same category or another category, but carrying higher TRCA, the very transfer itself is not permissible as held by the High Court in the case of Senior Superintendent of Post Offices vs. Raji Mol, 2004 (1) KLT 183. Such induction should be as a fresh recruitment. For, in so far as appoinment to the post of GDS is concerned, the practice is that it is a sort of local recruitment with certain conditions of being in a position to arrange for some accommodation to run the office and with certain income from other sources and if an individual from one recruitment unit to another is shifted his move would result in a vacancy in his parent Recruitment Unit and the beneficiary of that vacancy would be only a local person of that area
and not any one who is in the other recruitment unit. Thus, when one individual seeks transfer from one post to another (in the same category or other category) from one Recruitment Unit to another, he has to compete with others who apply for the same and in case of selection, he shall have to be treated as a fresh hand and the price he pays for the same would be to lose protection of his TRCA.

50. Reference made before us having been answered as above, it is felt appropriate that instead of referring the O.As to be disposed of , to Division Bench, the same may also be disposed of through this order.

6 In view of the above, we are of the view that this O.A can be finally disposed of following the orders of the Tribunal referred to above, without waiting for a formal reply of the respondents. Accordingly, we allow the O.A. The first respondent is directed to refix the TRCA of the applicant in the scale of Rs. 1280-35-1980, protecting Rs. 1620 drawn by the applicant in the scale of GDS Mail Man w.e.f the appointment of the applicant as GDS BPM Irinchayam with attendant annual increments. This shall be done within a period of two months from the date of receipt of a copy of this order. There shall be no
order as to costs.

Dated 21st July, 2010.

K. NOORJEHAN JUSTICE K. THANKAPPAN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER

Grant of full pension to Government servants who retired on or after 01.01.2006

Recovery of excess payment of Gratuity from Railway Pensiners

(Voluntary Retired) - Clarification

RBE No. 95/2010PC-VI No. 212

GOVERNMENT OF INDIAMINISTRY OF RAILWAYS(RAILWAY BOARD)
No. F(E)III/2008/PN1/13
New Delhi, dated: 06.07.2010.
The GMs/FA&CAOs,All Indian Railways & Production Units.(As per Mailing List)

Subject: Grant of full pension to Government servants who retired on or after 01.01.2006 – recovery of excess payment of Retirement Gratuity from the employees who retired voluntarily after getting the benefit of adding years of service – Clarification reg.
*******

The Department of Pension & Pensioners’ Welfare (DOP&PW) vide their O.M. No.38/37/08-P&PW(A) dated 10.12.2009, circulated vide this Ministry’s letter of even number dated 15.12.2009, have dispensed with the provision relating to linkage of full pension with 33 years of qualifying service, with effect from 01.01.2006 instead of 02.09.2008. These instructions, inter-alia, provide that the benefit of adding years of qualifying service for the purpose of computation of pension and gratuity shall stand withdrawn w.e.f. 01.01.2006. Simultaneously, para 4 of the said O.M. also provides that the overall calculation, may take into account revised gratuity and revised pension, including arrears up to the date of revision based on these instructions and that no recoveries would be made in the cases already settled

2. In this connection, clarification has been sought from this office as to whether in the case of employees who retired voluntarily during the period from 01.01.2006 to 01.09.2008, after getting the benefit of adding years of service, the excess payment of gratuity is to be recovered or adjusted from the arrears of pension and commuted value of additional pension arising out of implementation of the instructions contained in DOP&PW’s O.M. dated 10.12.2009 ibid. The matter has, therefore, been examined by this Ministry in consultation with DOP&PW and it is clarified that the recovery of excess payment of gratuity on the above account, shall be regulated as under:

S.No Point Clarification
1
In cases where the employees , retired voluntarily after 1.1.2006 with pro-rata pension calculated for the qualifying service Less than 33 years, pension will under go upward revision and additional amount of pension will also be commutable

Excess payment of gratuity on account of withdrawal of weightage w.e.f. 01.01.2006 will be adjusted against arrears of pension (and not commuted value of pension). However, this adjustment will be restricted to the amount of arrears of pension. If the recovery of gratuity is more than the amount of arrears of pension, no recovery in excess of arrears of pension will be made.
2
In cases where employees retired voluntarily after 1.1.2006 after getting the benefit of adding years of qualifying service and were granted pension @ 50% of emoluments/average emoluments, as the case may be, due to their qualifying service having reached 33 years, there will be no revision in the amount of pension but the amount of retirement gratuity will undergo a change due to exclusion of the benefit of adding years of service, already extended to them.
Where there is no increase of pension, no recovery of gratuity will be made.

3. All Zonal Railways etc., are, therefore, advised to settle the cases of the employees who retired voluntarily after 01.01.2006 but before 02.09.2008, in accordance with the above clarification.

(Sunil Bhardwaj)Deputy Director Finance (Estt.)III,Railway Board.

Retirement Benefits TO GDS

Retirement Benefits TO GDS

The proposal for the introduction of Annuity scheme in lieu of pension for the GDS employees has been cleared by the Ministry of Finance on 15.7.2010. The Postal Board has also approved the same. The next process for the implementation of the scheme is to get approval from PFRDA. Thereafter the scheme will be notified. Option will be called for among the existing GDS employee whether he/she is willing to switch over to the new Annuity scheme or to continue in the present severance amount scheme.

Minutes of the Strike Call Meeting held on 12-07-2010

Minutes of the Meeting held on 12.07.2010 to consider Charter of Demands given by the Staff side along with their notice of indefinite strike w.e.f. 13.07.2010.
Meeting was held under the chairpersonship of Secretary (P), in which the following were present:
Official Side1. Shri P.K. Gopinath, Member Postal Services Board2. Ms. Kalpana Tiwari, CGM (MB&O)3. Ms. Suneeta Trivedi, CGM(BD &M)5. Shri A.K. Sharma, DDG (Estt)6. Shri Shri Salim Haque, DDG (P)7. Shri Y.P. Rai, DDG (RB)8. Shri P.K. Sinha, DDG (PAF)9. Shri N.K. Tyagi, CE (Civil)10. Shri Subhash Chander, Director (SR & Legal)
Staff Side1. Shri D. Theagarajan, Secretary General, FNPO.2. Shri R.N. Parashar, Asstt. Secretary General, NFPE.3. Shri K.V. Sridharan, General Secretary, AIPE Union Class. III4. Shri D. Kishan Rao, General Secretary, NAPE Group ‘C’.7. Shri Giri Raj Singh, General Secretary, AI RMS&MMS EU Group ‘C’. 5. Shri Ishwar Singh Dabas, General Secretary, AIPEU Postmen & MSE/Group ‘D’6. Shri T.N. Rahate, General Secretary, NUPE Postmen & Gr ‘D’8. Shri P Suresh, General Secretary, AIRMS & MMS Employees Union, Mailguard and Multi Skilled employees9. Shri A. H. Siddique, General Secretary, NU RMS & MMS Employees, Mail Guards and Multi-skilled Employees.10. Shri Pranab Bhattacharjee, General Secretary, Admn (NFPE).11. Shri O.P. Khanna, General Secretary, Admn (FNPO)12. Shri P. Rajanayagam, General Secretary, AIPAEA.13. Shri S.S. Mahadevaiah, General Secretary, AIPEDEU14. Shri P.U. Muralidharan, General Secretary, NUGDS.
Item No. 1(a) Roll back steps of privatization of Speed Post processing, mail conveyance and data entry work.The Chairperson made it clear that in case of bulk Speed Post articles and where there is shortage of staff, outsourcing is being done so as to ensure fast movement of articles. However, there is no such policy of the Government either in case of Speed Post articles or for other accountable articles. In the context of Staff Side reference about anti-social elements dealing with the Speed Post articles, an enquiry will be made in this regard.
(b) Cancel the order for downgradation of EDSOs to EDBOs and closure of EDBOs.Necessary clarification on the demand of the Staff Side about drawal of increments in case of downgradation of EDSOs to EDBOs will be issued. A presentation will be arranged by Technology Branch for the Staff side to demonstrate all the technological developments that are taking place especially in the context of functioning of EDSOS/EDBOS.
(c) Cancel the decision to close down “C” Class Post Offices.The Staff Side was informed that no such order has been issued by the Department. They were further explained that the policy of the Department was to relocate Post Offices to new areas/townships which are growing. The idea is to rationalize to meet emerging needs. Suitable instructions, in this regard, will be issued to all Heads of Circles.(d) Outsourcing of mail conveyance.Purchase of departmental vehicles for conveyance of mail will be pursued.
Item No. 2(a) Stop violations in the agreements on Status quo of RMS & MMS as well as merger of RMS with less than 10,000 mails.Reports will be called for from the Circles against the order of status quo.
(b) Create scientific norms for the work in CRC, Speed Post, Logistics and EPP.This item will be discussed with the Staff Side in a separate meeting to be taken up by CGM (MB & O). Date and time of the meeting will be intimated by Director (SR & Legal), after consultation with CGM (MB & O).
Item No.3(a) Holding of JCM Departmental Council Meetings and periodical meetings with Federations/Associations.Departmental Council (JCM) Meetings and periodical meetings will be held at regular intervals.
(b) Referring the issue of discrimination of pay scales between the Telecom TBOP/BCR and Postal TBOP/BCR w.e.f. 1.1.1996 to Board of Arbitration.This Item will be considered as a part of cadre restructuring of Group “C” employees in PA/SA cadre. In the context of cadre restructuring, the Chairperson gave direction for expeditious consideration so as to complete the process before the close of this year.
(c) Holding of GDS Committee Meetings periodically with GDS Unions.Periodical meetings as prescribed will be held at regular intervals.
Item No.4Stop harassment of staff under Project Arrow.Data sent by various Circles will be subject to proper scrutiny. Heads of Circles will also be addressed to furnish correct information.
Item No.5(a) Undertake reassessment of vacancies in PA/SA cadre (including Circle Offices) to rectify mistaken calculation of vacancies in all circles.The position will be reviewed Circle wise for necessary follow up action to be completed before 15th August 2010. For expeditious disposal, video conferencing will be done with the concerned Heads of Circles.
(b) Fill up all vacant posts in all cadres in Department of Posts as on 31.12.2009.Information in regard to residual vacancies remaining unfilled will be called for from all the Circles for necessary follow up action in this regard.(c) Allow local recruitment as one time measure in Postal Accounts similar to 1997 Sundernagar.DDG (PAF) will examine the matter in accordance with the existing rules and instructions on the subject.
Item No.6(a) Cadre Restructuring of Group C employees (other than accounts cadre).A Committee comprising DDG (Estt), DDG (P) and Director (SPN) and three members from Staff Side, to be nominated by them, will be constituted to examine the proposals in detail and submit recommendations. The entire process is to be completed before the close of the year.
(b) Withdrawal of order regarding cadre restructuring of Postmasters cadre until comprehensive cadre restructuring of PA/SA cadre is completed.The Staff Side will be apprised of the details of the new Cadre.(c) Cadre Restructuring of LDC, Sorters & DEOs in PAOs..Necessary action to be taken by DDG (PAF).
Item No.7(a) Grant of Pension, Departmental status to Gramin Dak Sevaks, grant of HRA/CCA, ACP including trade union rights and welfare measures.Welfare measures in favour of Gramin Dak Sevaks viz relief in case of prolonged illness, relaxation of education assistance schemes will be placed before Postal Staff Welfare Board in its next meeting. The issues of annuity and Health Scheme have been taken up with the Nodal Ministries.
(b) Remove discrimination on bonus ceiling.Matter is subjudice.
(c) Modify the Rs.20,000 cash handling work points for GDS BPMs – withdraw orders denying revised TRCA wef 1.1.2006 in respect of BPMs.Matter is subjudice.
(d) Compute work norms for all types of work performed including NREGS, PLI, RPLI, Pension Payments etc to GDS.The issue will be examined.
(e) Implement enhanced Social Security to GDS like Ex-Gratia Gratuity and Severance Amount w.e.f 1.1.2006.The benefits were extended as per past practice.
Item No.8(a) Grant of parity in pay Scale (PB-1 with 2400/-) for MMS Drivers on par with Drivers of Parliament Secretariat.Staff Side was apprised that the matter was taken up with the Ministry of Finance but did not find favour.(b) Recruitment of adequate number of drivers.To be considered along with the issue of filling up of vacancies.
(c) Sanction of OSA for the long distance logistics van drivers of MMS.Mail Branch will look into it. Action to be completed expeditiously.
(d) Technology training to Work Shop staff and grant of Data Entry Operator’s scale of pay to Work Shop Staff.DDG (Trg) to take necessary action for providing technical training to Work Shop Staff.
Item No.9(a) Revision of wages from 1.1.2006 in respect of RRR Candidates, Casual Labourers, Contingent Staff.Issue of RRR Candidates being sub judice, no action. The case of Casual Labourers is being examined. To be followed up vigorously.
(b) Grant of temporary status to eligible full time status casual labourers, convert part time into full time, absorb full time, part time, contingent in vacant GDS Posts.The entire issue of Casual Labourers will be looked into with the objective of liquidating their number as per policy of the Government.
Item No.10(a) Fill up all vacancies of Postmen and Mail guardsTo be considered along with filling up of all vacancies in the Department.
(b) Modify certain unscientific work norms of Postmen/MTS finalized by Work Study Unit.The existing norms will be reviewed after six months from the date of its issue. The Circles have been addressed to give their feed back in the matter and the review process will be completed by October 2010.
(c) Enhance the Postman Double duty Allowance as per the recommendations of 6th CPC.The entire issue of double duty allowance will be reviewed by October 2010 by a Committee. The Chairperson directed that all issue relating to Postmen will be discussed separately.
Item No.11Remove all local anomalies in MACP Scheme like application of benchmark of the period prior to introduction of MACP Scheme; grant MACP on Average benchmark like Department of Railways; denial of regular promotion earlier to introduction of MACP.In the context of bench mark for grant of MACP within PB-1, it was desired to issue order on the pattern of the order having been issued by Ministry of Railways, immediately. The matter will be pursued.
Item No.12Creation of System Administrators Cadre and financial compensation for special work performed by System Administrators.A Committee consisting of DDG (Estt), DDG (P) and DDG (Technology) will be formed to consider this aspect along with cadre restructuring of PAs/SAs. As regards grant of Road Mileage Allowance, mater is under examination.
Item No.13Recruitment Rules for Multi Tasking StaffThe draft rules to be referred to Department of Personnel for their approval. As regards educational qualifications of existing Gramin Dak Sevaks and Casual Labourers for appointment as multitasking staff, status quo will continue.
Item No.14Amalgamation of Group C Accounts Cadre.No action.
Item No.15Roll back of the decentralization of PLI/RPLI – Augment required staff strength and filling up of vacant posts.The proposal to be considered by PLI Directorate and any problem in this regard to be reported to Secretary (P) within a week.
Item No.16Parity of scale of pay of Ministerial Cadre in Postal Civil Wing on part with the Postal Assistants and upgradation of posts of Works Clerk Grade – II/head Clerk – Filling up of all vacant posts of technical as well as ministerial posts – Creation of one Civil Wing Circle for each Postal Circle.The Staff Side will take up this issue separately.
Item No.17Regularize the HSG-I, HSG-II, LSG arrangements and grant Officiating Pay and Allowances to all Officials holding the posts.The issue will be looked into afresh in view of the provision made in Postal Manual Volume IV, as stated by the Staff Side, as also in the light of prevailing instructions of the Government of India on the subject.
Item No.18Enhance OTA and OSA rates in tune with the 6th Central Pay Commission.The question of enhancing OTA rates stands referred to the Committee of Secretaries by the Nodal Department. The enhancement of OSA rates will be examined by Mail Branch and is to be completed within one month.

Ratha Jatra Abhinandan

Ratha Jatra Abhinandana

Outcome of Postal Strike Call

The Out Come of Strike call by Postal JCA

from 13-07-2010

The Secretary, Posts had taken a meeting with staff side on 12.07.2010 to discuss the charter of demands at 11 am and the following are the outcome on the charter of demands.
1. There will be no closure of single handed post offices.
2. The demand of the staff side that the annual increments to the erstwhile GDS SPMs should be continued will be considered positively.
3. There is no policy decision of the department to outsource the postal services.
4. A separate meeting will be held on 15.07.2010 to discuss about the Mckinsey and the object of restructuring the services.
5. Another separate meeting with the staff side will be held about the technology proposals shortly to discuss the future expansion of technology.
6. There will be no violation of earlier agreement on status quo of RMS & MMS with 10000 mails. Any violation if brought to the Directorate’s notice it will be set aside.
7. The Departmental council & periodical meetings will be held regularly hereafter. Next meeting will be held in next month August 2010.
8. The demand of higher pay to TBOP &BCR for the earlier period will be considered along with the cadre review proposals.
9. There will be no harassment in Project Arrow offices. Furnishing wrong data’s and showing as delivered or redirected will not be allowed hereafter.
10. The demand of the staff side to assess the vacancies as per establishment strength and actual strength in all cadres will be considered and all Chief PMGs will be addressed and appraised to fill up all the vacant posts forthwith during video conferences personally by the Secretary (P).
11. A committee consisting four staff side representatives with DDG(P) & DDG (Est) will be constituted and the process of the proposals of cadre review for all cadres will be completed before the end of 2010.
12. Separate discussions will be made on the proposal of creation of Postmasters cadre also.
13. The welfare schemes to GDS like grant of pension, medical, the proposals were already submitted to nodal ministries for approval. It will be expedited.
14. It was assured to reconsider the norms for cash handling to BPMs and also fix fresh norms to RPLI and NREGIS scheme shortly.
15. The proposal for higher pay to Driver with Grade pay of 2400 has been rejected by the Ministry of Finance.
16. The revision of O.S.A rates will be made within one month.
17. Technology training to workshop staff will be provided.
18. The proposals for the grant of minimum pay as per the Sixth CPC to casual labourers have been submitted to Ministry of Finance for approval. It will be expedited. The demand of the staff side to grant revised GDS pay to GDS substitutes will be considered.
19. The issues related to postmen norms, delivery, beat etc will be discussed shortly and final decision will be taken before the end of October 2010. One committee will be constituted to sort out the issues.
20. The plea of the staff side to ignore benchmark for MACP has been accepted and the Secretary told the DDG to cause orders today itself. Another request to ignore the earlier declining of LSG promotions prior to the receipt of MACP orders will also be considered.
21. The proposal of the staff side to create System asst instead of System administrator will be considered along with the cadre review proposals. The orders relating to road mileage allowance will be released shortly. The distribution of work & responsibility etc will be looked into along with the cadre review proposals.
22. The Recruitment Rules for Multi tasked staff will be finalized shortly. Our request to finalise the rules with no educational qualifications as if available to erstwhile Group D has been accepted.
23 The issues relating to Postal accounts like filling up of posts, amalgamation of Group C etc will be discussed further with DDG (PAF).
24. The suggestions of the Admin union about centralization of PLI claim at RO & CO will be considered. Further a separate meeting will be organized with their union to discuss further about their issues.
25. Clarificatory orders will be issued soon providing officiating pay to the officials holding higher posts like HSG II & HSG I.
After the meeting, the JCA met and decided to defer the proposed strike duly considering the positive approach of the Secretary in settlement of our genuine demands.

Indefinite Strike call by Postal JCA from 13-07-2010 deferred

The Indefinite Strike Call by Postal JCA from 13-07-2010 deferred. Details will be posted later on.

Postal Strike

Postal staff of India Post going on Indefnite strike from 13-07-2010 with 18 points of demands.

The Secretary, Dept. of Posts has called for meeting on 12-7-2010.

Savings Benefit Exemption for more Rs 20,000/-

Avail Savings Benefit in Income Tax for exemption of Rs.20,000/- more

Investment in Bonds of IFCI, IDFC, LIC and NBFCs (Classified as Infra Finance Company) Eligible for Tax Exemption under Section 80CCF The Central Government have specified bonds to be issued by (i) Industrial Finance Corporation of India; (ii) Life Insurance Corporation of India; (iii) Infrastructure Development Finance Company Limited; and (iv) a Non-Banking Finance Company classified as an infrastructure finance company by the Reserve Bank of India; as “Long-term Infrastructure Bond” for the purpose of section 80CCF of the Income Tax Act, 1961. Investment in these bonds up to rupees twenty thousand will be eligible for deduction from the total income of the assessee. The deduction will be in addition to the deduction of rupees one lakh allowed under sections 80C, 80CCC and 80CCD of the Act. The tenure of the Bonds shall be a minimum of ten years with a lock-in period of five years for an investor. It will be mandatory for the subscriber to furnish permanent account number to the issuer for investment in the bonds.

Postage Stamp on Ratha Yatra to be released

It has been decided to release a commemorative postage stamp on the world-famous Rath Yatra of Sri Jagannath in Puri on 12-07-2010.

Posts cannot be manned indefinitely on temporary basis.

Posts cannot be manned indefinitely on temporary basis.

If the regular recruitment is delayed,

prejudice is caused to the employee

working on temporary basis.

CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH

O.A. NO. 347/2010 Dated this the 7th day of July, 2010

C O R A M

HON'BLE MR.JUSTICE K. THANKAPPAN, JUDICIAL MEMBER
HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER

K. Ravi S/o Kutty
GDSMP,Mavelikkara Cutcheri
presently working as Group-D Chowkidar
Head Post Office, Mavelikkara
residing at Harijan Colony, Block-V
Thekkekara Village, Mavelikara
Alappuzha Applicant

By Advocate Mr. M.R. Hariraj

Vs

1 Union of India represented by the Secretary
to Government of India
Department of Posts
New Delhi.

2 Chief Post Master General
Kerala Circle, Trivandrum

3 Superintendent of Post Offices,
Alappuzha Division
Mvelikara

4 Post Master,
Mavelikara Head Post Office
Mavelikara. Respondents

By Advocate Mr. Thomas Mathew Nellimoottil

The Application having been heard on 23.6.2010 the Tribunal delivered the following:
O R D E R
HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER

The applicant commenced service as Gramin Dak Sevak in 1979 and is presently working as Chowkidar, Head Post Office, Mavelikkara. The grievance of the applicant is that, out of the 16 sanctioned posts of Group-D, only 6 vacancies were filled up, he has not been promoted on regular basis. He is at Sl. N0. 36 in the Gradation List of GDS of the Mavelikara Division as on 1.7.2007 (A-1). Many of the juniors are working as Group-D on regular basis. He is entitled to be considered for regular appointment by promotion to the post of Group-D based on his seniority in preference to the juniors/outsiders. Aggrieved by the inaction of the respondents to promote him despite availability of vacancy, he filed this
O.A for a direction to regularly promote him as Group-D from the date of occurrence of vacancy in preference to juniors and outsiders.

2 The respondents in their reply statement submitted that Group-D posts in the Department are filled up in accordance with the Recruitment Rules 2002 (Annexure R-1). Promotion of GDS to Group-D post is based on the total number of Group-D vacancies in a Division. Approval of the Screening Committee is mandatory for appointment of
GDSs to Group-D posts. They further submitted that when senior GDS are not available, juniors are also considered for ad hoc arrangements to man Gr. D posts. The persons shown at Sl. Nos. 100, 108, 178, 203 and 242 in A-1 Gradation list are working as Group-D on a temporary basis only, similar to the applicant. The promotion of GDS to Group-D are
under active consideration of the department in the light of judgment of the High Court in WP(C) 32491/2009. They denied any deliberate inaction on their part.

3 We have learned counsel for the parties and gone through the pleadings.

4 The respondents have relied on the judgment of the Apex Court in P.U. Joshi and Others Vs. AG,Ahmedabad and Others (Civil Appeal Nos. 4679-80 of 1996 with Union of India and Others Vs. Basudeba Dora and Others (Civil Appeal No. 10983/96) (2003 SCC (L&S) 191) to the effect that the Tribunal cannot direct them to fill up a post
before a policy decision is formulated.

5 The grievance of the applicant is that he is not regularly promoted to Group-D despite occurrence of vacancy. The contention of the respondents is that the recruitment to Group-D is made as per the Recruitment Rules in force and the first category eligible for
consideration belong to GDS of the Recruiting Division. All the juniors pointed out by the applicant are appointed on temporary basis like the applicant. Therefore, the applicant could not say that his juniors are appointed on regular basis ahead of him. However, we notice that the applicant who entered service as GDS in 1979 has not been promoted to
a Group- D post on regular basis and that he is engaged as a Group-D Chowkidar by order dated 18.3.2009. He is now aged 54. The contention of the applicant is that if the temporary engagement is regularised, he would be able to get increment, the salary of Group-D, leave etc. There is force in the contention of the applicant. It is settled law that no Court can direct promotion of an employee. But, when there is vacancy and an employee is working on the post, he is entitled to be considered for the post on regular basis. The respondents cannot keep the post manned indefinitely on temporary basis. If the regular recruitment is delayed, prejudice is caused to the employee working on
temporary basis. As long as the Recruitment Rules 2002 are in force, and there is a regular vacancy, there is no reason to deny consideration of the applicant for regular appointment.

6 In this view of the matter, we hold that the applicant is entitled to be considered for regular appointment to the post of Group- D, as per the rules in force and that the inaction on the part of the respondents will prejudicely affect the career prospects of the
applicant. Therefore, it would be just and proper if the O.A is disposed of directing the respondents to consider the applicant for regular appointment to Group-D post as per the rules in force, in his turn. It is ordered accordingly. No costs.
Dated 7th July, 2010


K. NOORJEHAN JUSTICE K. THANKAPPAN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER

Jugal Bhaina retired on superannuation

(Jugal Bhaina felicitated in a big gathering at Maa Karanjeyee Peeth near Pitala)

Jugal K Acharya popularly known as JUGAL BHAINA an FNPO activist retired from services on the 30th June,2010 as BCR PA, ASKA Division. A felicitation meeting had been organised by the staff Aska Postal Division on 04-07-2010 at Maa Karanjeyee Peeth, near Pitala.

Promotion of GDS to Postman Cadre

Promotion of GDS to Postmen cadre may be considered on seniority basis

CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH
O.A. NO.391/2009 Dated this the 29th day of June, 2010
C O R A M
HON'BLE MR.GEORGE PARACKEN, JUDICIAL MEMBER
HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER
Radha V.K. W/o Prakashdas
Gramin Dak Sevak Sub Post Master
Vaaranad residing at Geevans Bhavan
Cheruvaranam, Varanam PO
Cherthala,Alappuzha District. Applicant

By Advocate Mr. P.K. Madhusoodhanan
Vs.
1 The Superintendent of Post Offices
Alappuzha Postal Division
Alappuzha-688 012
2 The Chief Postmaster General
Kerala Circle
Trivandrum-695 033
3 Union of India represented by
represented by its Secretary
Government of India
Ministry of Posts, New Delhi. Respondents

By Advocate Mr. Sunil Jcob Jose, SCGSC
The Application having been heard on 11.6.2010 the Tribunal delivered the following:
O R D E R
HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER
The applicant joined service as Extra Departmental Subostmaster (EDSPM -redesignated as Gramina dak Sevak Sub PostMaster (GDSPM)), at Sub Post Office Varanam on 3.6.1980, latertransferred to Varanad Sub Post Office on 4.5.1995. She passed SSLC and belongs to SC Community. According to her, she is eligible to be considered for promotion to Group-D post on the basis of her seniority. As per the extant rules, select list is to be prepared every year in January, strictly on the basis of seniority, depending on the vacancies occurring in a calender year and appointments made. The upper age limit
for SC/ST is 55 years as on 1st July of the year in which the recruitment is made. The applicant is the next GDS of Cherthala Sub Division of Alappuzha Division eligible for consideration(A-2 and A-3).Though there are 2 vacancies in the Cherthala Sub Division in the year 2008, the respondents have not conducted selection. As the representation submitted by the applicant failed to yield any result, she filed this O.A for a direction to the 1st respondent to convene the DPC for promotion to Group-D post in the year 2008 in the Cherthala Sub Division and Alappuzha Division without any further delay, on the grounds that the inaction, indifference and latches on the part of the respondents prejudicially affected the applicant and she is discriminated against by not considering her for promotion.
2 The respondents filed reply statement. They submitted that the number of posts to be filled up each year has to be decided as per the norms, work load, etc. Recruitment since 2003 in Group-D cadre is pending due to non-availability of vacancies. They further submitted that the quota earmarked for SC already stands filled up and that out of a total of 18 Gr. D officials in Chertala Sub Division, there are 8 SC officials. Hence, there are no Group-D posts approved for filling up and here are other GDSs senior to the applicant to be considered for selection. They have also submitted that a few Group-D posts stand were abolished.
3 The applicant filed rejoinder contesting the statement of the respondents that there are no vacancies and produced copy of letter dated 20.10.2009 (Annexure A-5) showing that there are 5 GDSs including the applicant, who were directed to furnish certain documents but no action was taken by the respondents thereafter.. The applicant asserted that there are vacancies yet to be filled up under the SC quota.
4 The respondents filed additional reply statement stating that there were two vacancies of Postmen in Group-C under seniority quota for the year 2007, which were filled up, by her seniors and the applicant lost out as she was placed at Sl. No. 4 in the zone of consideration. There is no averment that her junior has been promoted under the seniority quota. As far as merit quota is concerned, many GDS have been selected as Postmen based on their merit in the departmental examination. They further submitted that as per G.I. MF No. 1/1/2008-IC dated 29.8.2008 all the Group-D employees have been ugraded as Multi Skilled Employees and placed in Group-C cadre. Therefore, the Recruitment Rules of Group-D post have become redundant and that necessary action for framing of Recruitment Rules is already on the anvil.
5 We have heard learned counsel for the parties and have carefully gone through the pleadings.
6 The contention of the applicant is that she is at Sl. No. 1 in the seniority list of Cherthala Sub Division. The applicant has alleged that the respondents do not conduct selection every year in Group-D cadre which is mandatory according to the Recruitment Rules. The submission of the respondents is that selection is based on divisional seniority. There are no vacancies in Group-D cadre to be filled up and that there is over representation of SC quota and that whenever vacancies were there, they conducted selection in accordance with the rules but the applicant could not be selected because of her lower seniority.
7 We have perused the DOPT OM dated 30.4.2010 produced by the respondents showing the Model Recruitment Rules for Group-C posts in Pay Band with Grade Pay of Rs. 1800 (pre-revised Group-D posts) issued on the basis of the recommendations of the Sixth CPC. According to the Model Recruitment Rules, erstwhile Group-D posts of Peon, Daftary, Jamadar,Junior Gestetner Operator, Farash, Chowkidar, Safaiwala, Mali etc. were grouped together in to the new Multi Tasking staff. The relevant portions are extracted below:
"The Sixth CPC recommended that all Group-D posts in the Government will stand upgraded to Group-C, Pay Band-1 with grade Pay of Rs. 1800, along with the incumbents (after suitable training wherever required). The other recommendations of the Commission, in this regard include:-
(i) There will be no further recruitment in Group-D
(ii) The existing Group-D posts will be placed in Group-C Pay Band-1 with Grade Pay of Rs. 1800
(iii) The minimum qualification for appointment to this level will be either 10th pass or ITI equivalent.
(iv) Multi skilling with one employee performing jobs hither to performed by different Group-D employees
(v) Common Designation for these posts
x x x x x
4 Ministries/Departments may adopt the designation of MULTITASKING STAFF for some common categories of posts in the Secretariat offices. Annexure II indicates the categories of erstwhile Group-D posts which may be given this designation and illustrative list of duties attached to these posts. For other categories of posts, Ministries/Departments may adopt single designation for posts whose duties are similar in nature and where the officials can easily be switched from one task to another. In all cases, it may be ensured that:-
(a) The posts are classified as Group-C
x x x x
(c) The minimum qualification for appointment is prescribed as 10th pass. Where technical qualifications are considered necessary, ITI in the relevant subject may be prescribed as the minimum qualification.
x x x x x
11 Method of recruitment, whether by direct recruitment direct recruitment or by promotion or by deputation/absorption and percentage of the vacancies to be filled by various methods
12 In case of recruitment by promotion / Not applicable deputation/absorption, grades from which promotion /deputation/absorption to be made
13 If DPC exists,what is its composition Group-C Departmental Promotion; Committee for considering confirmation(specific composition to be indicated) " The vacancies of Group-D cadre now upgraded as Grade-C will be filled up as per fresh Recruitment Rules as and when notified in
consultation with the Ministry of Law. The Ministries stand instructed, to adopt the model recruitment rules with the approval of the competent authority as per the rules/statutes.
8 Therefore, there is no Group-D cadre as such in the Department. All Group-D employees have been upgraded to Group-C cadre. In view of the new development, the avenue of promotion of GDS to Group D cadre has to be done based on model recruitment rules suggested by DOPT and to be notified by the Ministry of Communication in accordance with the prescribed procedure.

9 In this view of the matter, the interest of justice will be met if in the O.A is disposed of with the direction to the respondents to finalise the Recruitment Rules as early as possible for Group-D cadre. In the meanwhile, the case of the applicant for promotion shall be considered for Postman vacancies in Group-C cadre in her turn. We order accordingly. No costs.
Dated 29th June, 2010


K. NOORJEHAN GEORGE PARACKEN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER

Family Planning Allowance

"Incentive Incremenet is allowed for adopting small family norms even before regular appointment in the Central Govt.service."

Hon' CAT, Ernakulam Bench

CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
Original Application No. 408 of 2010
Wednesday, this the 16th day of June, 2010
CORAM:
Hon'ble Mr. Justice K. Thankappan, Judicial Member
Hon'ble Mr. K. George Joseph, Administrative Member
T. Manoharan, aged 52 years, S/o. P. Thankappan,
LDC Pension section, Office of the Director of Accounts (Postal),
Kerala Circle, Thiruvananthapuram-695001, residing at "Keezhekattu
Veedu", Kannanmoola, Medical College P.O.,
Thiruvananthapuram-11. ..... Applicant

(By Advocate - Mr. Shafik M.A.)
V e r s u s
1. Union of India, Rep. by the Director General,
Department of Posts, Postal Accounts Wing,
Sansad Marg, New Delhi-1.
2. The Director of Accounts (Postal), Kerala Circle,
Thiruvananthapuram-1.
3. The Assistant Director General (P.A.Admn),
Departments of Posts, Ministry of Communication,
New Delhi. ..... Respondents

(By Advocate - Mr. Varghese John for Mr. Thomas Mathew
Nellimootil)
This application having been heard on 9.6.2010, the Tribunal on 16.06.10 delivered the following:
O R D E R

By Hon'ble Mr. K. George Joseph, Administrative Member - The applicant in this O.A. prays for a direction to the respondent to grant him the incentive increment, with effect from 16.07.1999, in the form of a personal pay for promoting the small family norms.
2. The wife of the applicant had undergone sterilization operation on 25.04.1989 when he was working as Mazdoor in the Postal Department.He was granted temporary status with effect from 29.11.1989. He was appointed as Group-D on regular basis with effect from 16.07.1999 in the office of the Director of Accounts (Postal), Kerala Circle, Thiruvananthapuram. He was promoted to the cadre of Lower Division Clerk on 15.07.2008. He represented to the Director, office of the Director of Accounts (postal), Thiruvananthapuram, on 06.11.2008 for grant of personal pay under small family norms, which was rejected by the impugned order dated 24.07.2009 and 12.11.2009. Hence this O.A.
3. The applicant submits that the date of undergoing sterilization operation is immaterial for the purpose of granting the incentive for promoting the small family norms, if the conditions laid down in Annexures A-4 and A-5 are satisfied. The applicant was not a regular employee when the incentive increment for promoting the small faily norms was introduced on 04.12.1979. He was a regular employee with effect from 16.07.1999. In terms of Annexure A-5 even employees having temporary status are eligible to receive the incentive increment from the day they were made regular employees subject to the condition in Annexure A-4. The object of Annexure A-4 is to promote small family norms among Central Government employees by providing incentive to them. The denial of the same to the
applicant on technical ground is not justified.
4. On behalf of the respondents, it was submitted that the applicant has submitted his representation for grant of incentive after a lapse of 9 years from the date of his regular appointment in the department. Therefore, his representation dated 06.11.2008 was forwarded to the Director General
(Posts), New Delhi. The DG (Posts) vide his letter dated 27.07.2009 communicated that as per F.R. 27(11)(u) the benefit of special increment on adoption of small family norms, is admissible to regular employees only. As to the letter dated 08.05.1995, it was submitted that "it was also clarified
in the said letter that the official working in the temporary capacity is not entitled to get the benefit of special increment. Therefore, the O.A. is liable to be dismissed on the ground that at the time when the applicant's wife underwent the sterilization operation, the applicant was not conferred with
temporary status casual labourer.
5. Arguments were heard and documents perused.
6. The Office Memorandum No. 7(39)-E.III/79 dated the 4th December,1979, from the Ministry of Finance (Department of Expenditure) on introduction of incentives among Central Government employees for promoting the small family norms, is reproduced as under :
"The undersigned is directed to say that the question of providing incentive to promote the small family norms among the Central Government servants has been under the consideration of the Government for some time past. The President is pleased to decide that the Central Government employees who undergo sterilization after having two or three surviving children may be granted a special increment in the form of personal pay not to be absorbed in future increases in pay either in the same post or on promotion to higher posts. The rate of personal pay would be equal to the amount of next increment............... The grant of the concessions will be subject to the following conditions:
i. The employee must be within the reproduction age, in the case of a male Central Government Employees, he should not be over 50 years and his wife should be between 20 to 45 years of age. In the case of a female employee she must not be above 45 years of age and her husband should not be over 50 years of age.
ii. The employee should have two or three living children.
iii.The sterilization operation must be conducted and sterilization certificate must be issued by a Central Government hospital or under the auspices of the Central Government Scheme. Where his is not possible the sterilization certificate issued by a State Government hospital or an institution recognized by the Central Government for the purpose will suffice.
iv.The sterilization operation can be undergone either by the Central Government employee or his/her spouse provided the conditions at sl. No. (i) to (iii) above are fulfilled.
v. The concession will be admissible only to the employees who undergo sterilization operation on or after the date of issue of these orders.
2. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India."
7. All the Central Government employees who satisfy the conditions listed above are eligible to get the incentive increment. The sterilization operation was conducted on the wife of the applicant after the issue of the above order. He was not a regular employee nor an employee with temporary status at that point of time but later he became an employee with temporary status and thereafter a regular employee. Vide letter No. 14-11/95 dated 08.05.1995 of the D.G., Department of Posts, New Delhi,
the employees of temporary status were also made eligible for incentive increment with effect from the date when they were made regular employees subject to other conditions being fulfilled. The said letter is reproduced as under :
"Sub: Special increment under family welfare scheme - Clarification reg. Reference to your office No. WLF/3/20/94 dated 6/7.03.95 on the subject noted above and to say that the benefit of special increment (in form of personal pay) may be given to the employees of temporary status with effect from the date when they were made regular employees subject to the conditions noted in Ministry of Finance (Department of Expenditure) O.M. No. 7(39)-E.III/79 dated the 4th December, 1979. The officials working in the temporary capacity are not entitled to get the benefit of special increment."
8. The applicant fulfills all the conditions for grant of incentive increment as per memorandum dated 04.12.1979 except that he was not a regular Central Government employee when his wife underwent sterilization operation on 25.04.1989 i.e. before the applicant was appointed on temporary status on 29.11.1989. Vide letter dated 08.05.1995, the benefit of special increment for promoting small family norms is made available to the employees of temporary status with effect
from the date when they were made regular employees. It is further stated that officials working in temporary capacity are not entitled to get the benefit of special increment. It means that so long as an official is in temporary capacity he will not get the special increment but he will get it when he is made regular. The crucial factor is being a regular employee. Any regular employee, irrespective of whether he was once a temporary employee or not, who satisfies the condition in paragraph 6 above is eligible to get the incentive. If he happened to be a temporary employee , he would get it only from the date when he was made a regular employee. The condition regarding the date of sterilization operation is that it should have been undergone on 4.12.1979 or after. It does not say that the sterilization operation should have been undergone when the employee was regular or temporary. If that is so, it does not matter even if the operation was done when the employee was a casual worker who in due
course became a regular employee passing through the temporary status. In fact, that the applicant even as a casual worker had adopted small family norms, is an act that should be appreciated. Had he not done so, and had one more child, the expenses to be incurred on account of that, in the form
of LTC and medical expenses, would have been much more than the expenses Government would have to bear by way of giving the incentive increment. The purpose of this incentive is to promote small family norms especially among Government employees. That purpose having been achieved as far as the applicant is concerned, Government should not be mean or miserly relying on technical points but should be generous enough to grant the incentive to the applicant with effect from the date when he
was made a regular employee.
9. Accordingly, the OA Is allowed. The respondents are directed to grant the applicant incentive increment with effect from 16.7.1999 for adopting small family norms.
10. No order as to costs.

(K. GEORGE JOSEPH) (JUSTICE K. THANKAPPAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER

Extension of tenure of National Anomaly Committee

Extension of tenure of

National Anomaly Committee

As per Government of lndia,Ministry of Personnel, PG & Pensions,Department of Personnel & TrainingNew Delhi OFFICE MEMORANDUM N0.11/2/2008-JCA dated, the 1st July, 2010 the tenure of the National Anomaly Committee (6 CPC) was extended up to 31-03-2011.