Non-Filling up of Reserved quota for Gr-D cadre is illegal

Non-Filling up of Reserved quota for Gr-D cadre is illegal

CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH

O.A 469 OF 2010

Monday, this the 6th day of December, 2010.
CORAM:

HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER

D.K. Mohanan, S/o. Kumaran,
Fulltime temporary status casual labourer,
RMS 'CT' Division, Kannur,
Residing at Pushpa Nivas,
Kannothumchal, Chovva (P.O.),
Kannur - 6.
... Applicant

(By Advocate Mr. T.A. Rajan )

Versus

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

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

3. The Post Master General,
Northern Region, Kozhikode.

4. The Senior Superintendent of Post Officers,
RMS CT Division, Kozhikode. ... Respondents

(By Advocate Mr. Millu Dandapani, ACGSC)

The application having been heard on 30.11.2010, the Tribunal on 6.12.2010 delivered the following:


O R D E R

HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER


This O.A. has been filed by the applicant for the following reliefs :
i) to declare that the non filling up of Group D post under the 25% quota reserved for casual labourers is arbitrary and illegal.

ii) to declare that the applicant is eligible and entitled to be considered for appointment to Group D post under the 25% quota based on his seniority.

iii) to direct the respondents to consider the applicant for appointment to Group D post against the 25% quota reserved for casual labourers.

iv) In alternative direct the 4th respondent to consider and dispose of Annexure A4 presentation without further delay.

v) Award costs of and incidental to this application. vi) Grant such other relief, which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.


2. The applicant who was initially appointed as part time casual labourer on 04.02.1981 became a full time casual labourer on 01.10.1983 was granted temporary status with effect from 01.10.1994 in the office of the Inspector, RMS CT-1 Sub Division, Kannur. The applicant's contention was that the respondents were not filling up the vacancies under 25% quota for casual labourers with temporary status in Group-D post. Being at serial No. 2 in the seniority list of full time temporary status casual labourers, the applicant is eligible to be considered for appointment against the 25% quota. The representation submitted by the applicant in this regard has not been considered by the 4th respondent. Being aggrieved, the applicant has filed this O.A.
3. Respondents have contested the O.A. In the reply statement filed by the respondents, it was pointed out that the applicant was made a full time casual labourer with effect from 01.10.1993 and not from 01.10.1983. It was further submitted that 20% of unfilled Group-D vacancies in the Department
of Posts are set apart for casual labourers. The respondents have considered the case of the applicant in accordance with the provisions in the recruitment rules and his seniority position and he has been ordered to be appointed as Group-D, Ottapalam H.O. In Ottapalam Postal Division for a vacancy occurred in the year 2006 with notional service from 2006, vide Memo No. B2/4/Group D/Rectt dated 16.07.2010. However, the applicant is yet to assume the charge of the post. Further, it was submitted that there was no vacancy approved by the competent authority remaining unfilled in RMS CT-1 Division, when the representation was received. In view of the above, the applicant is not entitled to any reliefs as prayed for in the O.A.
4. In the rejoinder, the applicant admitted that he was made a full time casual labourer as on 01.10.1993 and the same was correctly stated in para 2 of the O.A. and that the typographical error in the date mentioned in synopsis may be excused. It was further submitted that the applicant is

working in Railway Mail Service (RMS). The Postal Division and the RMS are entirely two different seniority units and the employees in RMS will be considered for appointment in the Postal Division, only if there is no vacancy in the RMS and vice versa. In spite of having several vacancies in the RMS, the applicant was appointed in the Postal Division , which is arbitrary and illegal. At the same time, several juniors of the applicant were given appointment in the RMS as can be seen from the Annexure A-7 memo dated 16.07.2010. The representations submitted by the applicant dated 19.07.2010 and 04.08.2010 have not been considered by the respondents till now. Therefore, the O.A. Should be allowed as prayed for.

5. Arguments were heard and documents perused.

6. As per column 11 (ii) (PART-II - Post of Subordinate Offices) of Department of Posts (Group D Posts) Recruitment Rules, 2002, 25% of the vacancies are to be filled up by part time casual labourers recruiting division or unit, the relevant portion of which is reproduced below:

"(ii) 25% of the vacancies remaining unfilled after
recruitment of employees mentioned at Sl. No.2, such
vacancies shall be filled up by selection-cum-seniority in the
following order:

(a) by casual labourers with temporary status of the recruiting division or unit failing which,

(b) by full-time casual labourers of the recruiting division or unit failing which,

(c) by full-time casual labourers of the neighbouring division or unit failing which,

(d) by part-time casual labourers of the recruiting division or unit failing which,

(iii) by direct recruitment.

Explanation : 1. For Postal Division or Unit, the neighbouring Division or Unit, as the case may be, shall be the Railway Mail Service Sub-Division and vice-versa."
7. As per explanation No. 1 above, in the case of the applicant who is in the RMS, Postal Division is a neighbouring Division. The applicant has given an appointment in the Postal Division instead of RMS Division as per order dated 16.07.2010. The contention of the respondents is that he could
not be given a posting in the RMS, because, in compliance of the orders of Hon'ble High Court of Kerala and this Tribunal, they had filled up the vacant Group-D posts in Kerala Circle and no vacancy approved by the competent authority for filling up, was remaining unfilled in the RMS Division when the
applicant's representation was received. The respondents would have appointed the applicant in the RMS if there was a vacancy approved by the competent authority. It has been made clear in the judgement in W.P.(C) No. 28574/2009 and connected Writ Petitions that any clearance by the
screening committee to fill up the vacancies in the promotion quota is not required at all and there is no question of abolition of posts to be filled up for the promotion quota. This position was clearly brought out while allowing the O.A. No. 628/2010 and connected cases on 27.10.2010. The relevant part of the order is reproduced as under :
" With regard to the first question of abolition of the posts, as per the finding entered by the Hon'ble High Court of Kerala in Writ Petition No. 28574 of 2009 and connected Writ Petitions, it is categorically held that there shall not be any question of abolition of posts to be filled up for the promotion quota as the abolition question comes only to the direct recruitment quota. Further the Hon'ble High Court has held that there is no question of any clearance by the screening committee to fill up the vacancies. It is also found by the Hon'ble High Court that there is no records to show that these posts were abolished on the basis of any order given by the competent authority and even if any abolition has been now ordered, it is only applicable to the direct recruitment quota.
With the above finding entered by the Hon'ble High Court of Kerala, the vacancy position existed from 2000 to 2009 are 431 vacancies including 286 vacancies alleged to have been abolished. If the Department wants to comply with the order passed by this Tribunal the Department shall
take either to revive all the vacancies abolished without permission of law or without an order passed by the competent authority with regard to the promotion quota. Further it is also held that if they are not in a position to fill up the vacancies already existed they should adjust the vacancies now arisen during the year 2009 i.e. 97 vacancies. "

8. In view of the above decisions, clearance by the competent authority for appointment and abolition of posts in the promotion quota are out of question. Therefore, the respondents should reassess the number of vacancies available in the promotion quota. If there is any vacancy available in the RMS CT Division, Kannur / Kozhikode, the applicant should be accommodated. This exercise should be carried out within a period of 2 months from the date of this order.

9. The O.A. is allowed to the extent indicated above. No order as to costs.

(Dated, the 6th day of December, 2010.)

K. GEORGE JOSEPH
ADMINISTRATIVE MEMBER

Bi-Ennial Conference of National Union of Aska Division

The open Session of Bi-enniel Conference of NAPE Gr-C NUPE PM and MTS and NUGDS was held at MAA KHSMBESWARI PEETH,Aska on 19-12-2010.

Honourable MP Shri Nityananda Pradhan,Hon'nble MLA ,Chairaman of South Orissa Vikash Parishad, Shri Prafulla Rao Advocate had joined the Conference.

Shri Bishnu Charan Parida,Circle Secretary NAPE Gr-C had joined the meeting as the Chieg Guest. In his speech he enlightened the present political,economical,financial scenario of the nation and the role of National Union for the betterment of the common Employees.

Shri Bamadev Tripathy,C/S NUPE Postmen and MTS,Shri P K Prushty Divl.Secretary,NAPE Gr-C,Koraput Divn. had addressed the gathering.

Retired Officials were felicitated by the Chief Guest and other dignatories.

Syllabus for Examination of postmasters' Cadre

The syllabus for Postmasters' cadre has been issued as above.

Products Through Post Offices

Products Through Post Offices

The Department of Posts has signed agreements with financial institutions including many other organisations to sell their products through Post Offices in the country. List of products sold at national level is as given below.
Sl.No. Name of Company/Financial Institution Description of product/service
1 Western Union Money Transfer International money transfer to India
2 UTI Mutual Funds Sale of UTI Mutual Funds through post offices
3 Pension Fund Regulatory & Development Authority Point of Presence for National Pension Scheme Accounts
4 M/s Nirmal Packaging Systems Sale of Corrugated boxes and Paper board envelops.
5 M/s Narsingh Dass & Co. Sale of Tyvek Envelops
6 Ministry of Railways Booking/cancellation of Railway Reservation Tickets under PRS Scheme
7 CBOP( Now merged with HDFC Bank)Sale/Purchase of foreign exchange
8 Reliance Money Infrastructure Limited Sale of Gold Coins
9 BSNL Sale of recharge coupons Sancharnet Cards etc.
10. India Post SBI tie-up Department sells assets and liability products of SBI through identified postal outlets.
11. NABARD-SHG linkage scheme India Post has entered into a tie-up with NABARD to disburse micro credit to women self help groups (SHGs) on pilot basis.
The Central and State Governments take various measures from time to time to promote and popularize small saving schemes through print and electronic media as well as holding seminars, meetings and providing training to various agencies involved in mobilizing deposits under the schemes. As part of this ongoing exercise, Government has taken following steps to make the small savings schemes more attractive and investor friendly:- -Introduction of Bonus at the rate of 5% on the deposits made under Post Office Monthly Income Account (POMIA) Scheme on or after 8th December, 2007 upon the maturity of the deposit. -The benefit of Section 80C of the Income Tax Act, 1961 has been extended to the investments made under 5-Year Post Office Time Deposits Account and Senior Citizens Savings Scheme, with effect from 01.04.2007. -With effect from 1.8.2007, the maximum deposit ceilings of Rs.3.00 lakh and Rs.6.00 lakh under the Post Office Monthly Income Account (POMIA) Scheme has been raised to Rs.4.50 lakh and Rs.9.00 lakh in respect of single and joint accounts respectively. -The penalty on pre-mature withdrawal of deposits under the Post Office Monthly Income Account (POMIA) scheme has been rationalized from 3.5% to 2% on withdrawal on or before expiry of three years and 1% on withdrawal after expiry of three years. -All categories of pensioners have been allowed to open and maintain ‘Pension Account’ under Post Office Savings Account Rules, with effect from 11th July, 2007. -The restriction on opening of more than one account during a calendar month under the Senior Citizens Savings Scheme has been removed with effect from 24th May, 2007. -Opening of “Zero deposit/Zero Balance” accounts for workers employed under NREG Act, under Post Office Savings Account Rules, with effect from 26th August 2008. -Opening of “Zero deposit/Zero Balance” accounts for Old Age Pensioner Account under Indira Gandhi Old Age Pension Scheme, Widows Pensioner Account under Indira Gandhi National Widow Pension Scheme and Disabled Pensioner Account under Indira Gandhi National Disabled Pension Scheme with effect from 13th October 2009. -National Savings Institute, a subordinate organization under the Department of Economic Affairs (Budget Division) also maintains its web site i.e nsiindia.gov.in in collaboration with National Informatics Centre to facilitate interface with the public through wider dissemination of information on small savings and on-line registration and settlement of investor’s grievances. This information was given in written reply to a question in Lok Sabha today by Shri Gurudas K amat, the Minister of Communications and Information Technology.

No Distinction between Private Hospital,Nursing Home and Clinic

No Distinction between Private Hospital,

and Private Nursing Home/ Clinic

Government of IndiaMinistry of Communications & ITDepartment of PostsDak Bhavan, Sansad MargNew Delhi – 110116
No. 6-1/2006-Medical Dated – 27th October, 2010

To,All recognized Unions/Associations of Department of Posts

Sub: - CS (MA) Rules, 1944 – Reimbursement of expenditure involved in emergent cases for the treatment taken at private nursing home/clinic – Delegation of powers – reg. Sir,I am directed to forward herewith a copy of Ministry of Health and Family Welfare, New Delhi O.M. No. S-14025/46/92-MS dated 4-2-1993 on the above subject for your information/guidelines and necessary action.

(Mahendra Kumar)Assistant Director General (Medical)

No. S-14025/46/92-MSGovernment of IndiaMinistry of Health and Family WelfareNirman Bhawan, New Delhi – 110011
Dated the 4th February, 1993
Office Memorandum

Subject – CS (MA) Rules, 1944 – Reimbursement of expenditure involved on emergent cases for the treatment taken at private nursing home/clinic – Delegation of powers – Regarding. The undersigned is directed to say that under the CS (MA) Rules, 1944, vide Miscellaneous Important Decisions No. 5 under Section VII of the compilation of the CS (MA) Rules and further modified vide O.Ms. No. S-14012/9/75-MC (MS) dated 23.2.77, 7.5.79 and 18.6.82, powers have been delegated to the Heads of Departments to allow reimbursement of the medical claims in respect of the treatment obtained under emergency at private hospitals, as distinct from private nursing home/private clinic, subject to item-wise ceilings as per the rates prescribed in the Annexure to the O.Ms. referred to above without any financial limit on the total amount to be reimbursed.

2. However, although the broad guidelines provided in para 1 (iv) of the O.M. dated 18.6.82 referred to above are only indicative and not exhaustive, a large number of cases are being referred to this Ministry/Dte. G.H.S. for seeking relaxation of the rules stating that the hospital is not run on ‘No profit and No Loss Basis’, which otherwise could have been settled by the concerned Department under the delegated powers.

3. It has now been decided by the Government that in order to eliminate the confusion regarding distinction between the private hospital and a private nursing home Clinic, the delegated powers referred to above are applicable to all private medical institutions without making any distinction between a private hospital and a private nursing home/clinic.

4. the medical claims for specialized treatment for heart diseases, kidney transplantation, etc. may be settled as per the schedule of rates approved for the treatment of C.G.H.S beneficiaries from time to time at private recognized hospitals under that Scheme or the actual charges, whichever is less, and all other cases may be settled as per the item wise ceilings prescribed in the Annexure to the O.Ms. referred to above. No. references should be made to this Ministry/Dte. G.H.S. in the matter for further relaxation of the Rules and may be settled by the concerned Ministry/Department.

5. In this connection it may be reiterated that as already stated in para (iii) of the O.M. dated 18.6.82 referred to above, reimbursement of expenses incurred on treatment obtained in the private clinics/nursing homes of the Authorised Medical Attendants would not be admissible under the above provisions and also in relaxation of the CS(MA) Rules even in emergent cases.

6. All pending cases may be decided accordingly, However, the cases which are already settled or decided, may not be re-opened.

7. This issues with the concurrence of the Department of Pension and Pensioners’ Welfare vide their U.O. No. 272/92 P& PW (K) dated 19.10.1992 and the Ministry of Finance Deptt. Of Expenditure) vide their U.O. No. 1441/E.V/92 dated 17.11.1992. 8. In so far as persons serving in the Indian Audit and Accounts Deptts. are concerned, this issues with the concurrence of the office of the comptroller and Auditor General of India vide their U.O. No. 27-Audit-I/72-90, dated 25.1.1993.

Sd/-(Braham Dev)Under Secretary to the Govt. of India