Performance-based incentive for Central Govt staff

Performance-based incentive for Central Govt staff

Employees belonging to 62 of central government departments could may receive performance-based incentive, over and above their existing salaries, from as early as the next financial year. The incentive will be based on the department’s scorecard in meeting yearly targets committed by their respective secretaries and ministers as part of the results-framework documents (RFD) system. The committee of secretaries looking into performance-based incentive for government employees is said to have already zeroed in on a formula that offers a secretary-level officer an incentive up to 40% of the basic salary, provided his department has met 100% RFD targets. A scorecard of 70% and less in meeting RFD targets would however attract zero incentive. However, no penalty will be imposed on the non-performing officers. The secretaries’ panel, headed by the Cabinet secretary, has already completed three crucial meetings and is looking to finalise its recommendations in time to enable performance-linked salaries in the coming financial year. For a secretary-level officer, the incentive is proposed to be 15% of cost savings (budgeted expenditure minus actual expenditure) by the department multiplied by its composite score,less 70, divided by 30. The incentive will be higher with each passing year. In other words, secretary of a department that meets 100% RFD targets for a year would get 20% performance-based incentive in the first three years, 30% in the next three years and 40% between the sixth and ninth year. A 70% scorecard would however attract no incentive. For a joint secretary, the incentive will be sum of 30% of departmental composite score and 70% of divisional composite score. Since the incentive will be paid from cost savings of the department resulting from improved performance, there will be no extra burden on the exchequer. The government, incidentally, is not in favour of penalising the non-performing officers. The reasoning being that not getting any incentive, or absence of recognition, would be punishment enough for the under-performers. With the committee of secretaries also planning to lay down the condition that performance-linked incentive will accrue to only those departments that have submitted RFDs for two consecutive years, the key five departments of PMO , home, finance, defence, external affairs who are still not covered by the RFD system will not qualify for the incentive.

Source: Economic Times

Income Tax can be paid at AXIS bank ATMs

Income Tax can be paid at AXIS bank ATMs

Private sector Axis Bank today announced the launch of the facility to pay income tax at ATMs. This facility, initially, will be available at select ATMs in the major centres and will shortly be made available at all 5,600-plus ATMs across the country, the bank said in a press release issued.
Axis Bank customers holding ATM/debit cards can use this facility to pay income tax/other direct taxes using Axis Bank ATMs .
The Central Board of Direct Taxes (CBDT), as a part of its e-Governance initiative to provide more convenience to taxpayers, had advised authorised banks to roll-out the facility to pay tax using ATMs. Axis Bank is the first private sector bank to make this facility available for its large tax-paying customer base.
Axis Bank’s Executive Director-Corporate Banking, V Srinivasan, said, “there is a vast segment of retail tax- payers who do not have internet-enabled bank accounts and are thus unable to pay income tax on-line. Axis Bank with its vast ATM network will now be able to cater to these retail assesses who account for a substantial portion of all income tax payers.”
This provision will ensure immediate credit of taxes paid to the Government account and is expected to not only improve compliance on part of taxpayer but also substantially reduce paper handling of challans by the banks.
The facility will not only make income tax payment easier and simpler for the individual tax payers but also provide them the convenience of making the payment 24-hours a day–365 days a year, the release said.

LGO exam(10-10-2010) result declared

Result of LGO Examination

held on 10-10-2010 declared

Postalinfo congrates all the

candidates for their success

DEPARTMENT OF POSTS: INDIA

OFFICE OF THE CHIEF POSTMASTER GENERAL

ORISSA CERCLE, BHUBANESWAR -751001

Memo No. RE/30-23/09(Con) Dated at Bhubaneswar the 22.02.2011.

The following LGO officials who appeared the departmental examination for promotion to the cadre of PA/SA/PACO held on 10.10.2010 have come out successful. The particulars of the successful officials and Division to which they are allotted are as under. The surplus qualified candidates are allotted to the neighbouring Divisions.

This issue with the approval of the competent authority.

Sl. No. Name of Candidate Community Roll No. of the candidates Division to which belong Division to which allotted

1 Birabar Sahoo UR OR/PA-03/2010 Bhubaneswar Bhubaneswar

2 B.N.Dalai OBC OR/PA-02/2010 Bhubaneswar Bhubaneswar

3 Jakir Hossen Khan UR OR/PA-07/2010 Bhubaneswar Bhubaneswar

4 Baidyanath Behera OBC OR/PA-05/2010 Bhubaneswar Bhubaneswar

5 Arabinda Padhi UR OR/PA-72/2010 Balasore Balasore

6 Sashikanta Sahu OBC OR/PA-75/2010 Balasore Balasore

7 Ashok Kumar Sahu UR OR/PA-65/2010 Bhadrak Bhadrak

8 Byomokesh Barik UR OR/PA-64/2010 Bhadrak Bhadrak

9 Banamali Jena SC OR/PA-66/2010 Bhadrak Bhadrak

10 Sitanshu Sekhar Tripathy UR OR/PA-67/2010 Bhadrak Bhadrak

11 Suvendu Kumar Swain UR OR/PA-17/2010 Cuttack City Cuttack City

12 Debabrata Rout OBC OR/PA-19/2010 Cuttack City Cuttack City

13 Laxmidhar Behera UR OR/PA-20/2010 Cuttack City Cuttack City

14 Shiv Prasad Behera UR OR/PA-18/2010 Cuttack City Cuttack City

15 Ashok Kumar Barik OBC OR/PA-24/2010 Cuttack South Cuttack South

16 Satya Narayan Swain UR OR/PA-29/2010 Cuttack South Cuttack South

17 Pabitra Mohan Swain OBC OR/PA-27(Prov.)/2010 Cuttack South Cuttack South

18 Santosh Kumar Biswal UR OR/PA-41/2010 Cuttack North Cuttack North

19 Sushanta Kumar Sahoo OBC OR/PA-39/2010 Cuttack North Cuttack North

20 Trilochan Sahoo OBC OR/PA-44/2010 Cuttack North Cuttack North

21 Amiya Kumar Sahoo OBC OR/PA-45/2010 Cuttack North Cuttack North

22 Kartik Ch. Dash UR OR/PA-37/2010 Cuttack North Cuttack North

23 Alok Kumar Routray UR OR/PA-60/2010 Puri Puri

24 Umesh Chandra Mansingh UR OR/PA-51/2010 Puri Puri

25 Suresh Chandra Jena UR OR/PA-59/2010 Puri Puri

26 Raj Kumar Sah ST OR/PA-58/2010 Puri Puri

27 Bhabani Shankar Mohanto UR OR/PA-85/2010 Mayurbhanj Mayurbhanj

28 Bidhu Bhusan Behera UR OR/PA-78/2010 Mayurbhanj Mayurbhanj

29 Nayan Ranjan Sahoo UR OR/PA-81/2010 Mayurbhanj Mayurbhanj

30 Hirod Ch. Barik UR OR/PA(CO)-04/2010 Printing Press Circle Office

31 R. K. Satpathy UR ASK/LGO-06/2010 Aska Aska

32 B. N. Pattnaik UR ASK/LGO-03/2010 Aska Aska

33 S. N. Nayak UR ASK/LGO-04/2010 Aska Aska

34 B. Parida UR ASK/LGO-02/2010 Aska Aska

35 P. K. Padhy UR ASK/LGO-07/2010 Aska Phulbani

36 R. C. Panda UR ASK/LGO-01/2010 Aska Phulbani

37 R. S. Sahu UR BF/LGO-20/2010 Berhampur Berhampur

38 S. P. Maharana UR BF/LGO-10/2010 Berhampur Berhampur

39 A. K. Pattnaik UR BF/LGO-09/2010 Berhampur Berhampur

40 P. C. Moharana UR BF/LGO-23/2010 Berhampur Berhampur

41 Arakhita Behera UR BF/LGO-08/2010 Berhampur Berhampur

42 Bhimsen Sahu UR BF/LGO-13/2010 Berhampur Phulbani

43 H. K. Padhy UR BF/LGO-22/2010 Berhampur Kalahandi

44 B. D. Gouda UR BF/LGO-19/2010 Berhampur Kalahandi

45 Subash Muduli UR BF/LGO-14/2010 Berhampur Kalahandi

46 L. N. Pradhan UR BF/LGO-15/2010 Berhampur Kalahandi

47 N. Mahananda SC KLD/LGO-24/2010 Kalahandi Kalahandi

48 S. K. Pattnaik UR KPT/LGO-27/2010 Koraput Koraput

49 A. R. Potanuru UR KPT/LGO-26/2010 Koraput Koraput

50 Tigilal Rana OBC PHI/LGO-28/2010 Phulbani Phulbani

51 Sudhir Ranjan Patel OBC SMB/PA-05/2010 Sundargarh Sundargarh

52 Chaitanya Ch. Behera OBC SMB/PA-07/2010 Sundargarh Sundargarh

53 Bailochan Padhan OBC SMB/PA-03/2010 Sundargarh Sundargarh

54 John Minj ST SMB/PA-06/2010 Sundargarh Sundargarh

55 Jeebanlal Kar UR SMB/PA-04/2010 Sundargarh Sundargarh

56 Rabindra Kumar Nayak UR SMB/PA-09/2010 Sundargarh Sundargarh

57 Ananda Kumar Barai UR SMB/PA-15/2010 Sambalpur Sambalpur

58 Sushil Kumar Senapati UR SMB/PA-16/2010 Sambalpur Sambalpur

59 Anjan Ku. Hota UR SMB/PA-20/2010 Sambalpur Sambalpur

60 Gajendra Ku. Andaja ST SMB/PA-17/2010 Sambalpur Sambalpur

61 Jagdish Podh OBC SMB/PA-21/2010 Sambalpur Sambalpur

62 Akhshay Kumar Sha UR SMB/PA-35/2010 Keonjhar Keonjhar

63 Umakanta Sahoo UR SMB/PA-33/2010 Keonjhar Keonjhar

64 Govinda Ch. Sahoo OBC SMB/PA-36/2010 Dhenkanal Dhenkanal

65 Surendra Kumar Purohit UR SMB/PA-39/2010 Balangir Balangir

66 Gokul Mahananda SC SMB/PA-41/2010 Balangir Balangir

The result of one candidate of Puri Division is kept in sealed cover in obedience to the order issued by the Hon’ble

Central Administrative Tribunal, Cuttack Bench, Cuttack.

Asst. Director (Rect.)

For Chief Postmaster General

Orissa Circle, Bhubaneswar-751001.

Copy to :

1. The Postmaster General, Sambalpur/Berhampur Region.

2. All the SSPOs/SPOs/SSRM/SRMs of Orissa Circle.

3. The Asst. Director (Staff), Circle Office, Bhubaneswar.

4. The Sr. PS to CPMG, Orissa Circle, Bhubaneswar

5. The PA to DPS (HQ), Orissa Circle, Bhubaneswar

6. RE Section File No. 6-2/09 and 6-3/09.

Asst. Director (Rect.)

For Chief Postmaster General

Orissa Circle, Bhubaneswar-751001.

Once the process is considered to be under the 'Promotion' method, reservation for OBCs/Ex-servicemen are not to be followed

Once the process is considered to be under the 'Promotion' method, reservation for OBCs/Ex-servicemen are not to be followed

CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH
Original Application No. 436 of 2010
Monday , this the 14th day of February, 2011.
CORAM:
HON'BLE Mr. JUSTICE P.R. RAMAN, JUDICIAL MEMBER
HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER
1 Smt. Soumya S.D W/o. Remeshkumar GDS BPM P.O.
Vedarplavu (P.O.), Mavelikkara Residing at Kottarathil House
Keerikad South, Kayamkulam.

2 Smt. Sunithakumari K.S W/o. B Harikumar GDS MD, Kota (P.O)
Harihara Vilasom Ullannoor (P.O) Kulanada ..... Applicants
(By Advocate Mr. P.C. Sebastian)
Versus
1 The Postmaster General Central Region, Kochi - 682 018

2 The Superintendent of Post Offices Mavelikkara Division, Mavelikkara

3 The Union of India Represented by Secretary to Government of India
Ministry of Communications Department of Posts, New Delhi

4 Najithamol Y GDS MD, Thrikkunnapuzha (P.O) PIN - 690 515

5 P.O. Rajesh GDS MD Kodukulanji - 689 508

6 D. Vijayan GDS MD Vedarplave (P.O), Mavelikkara

7 V. Anilkumar GDS MD Olakettiambalam (P.O) - 690 510 ... Respondents

(By Advocate Mr. M.K. Aboobacker, ACGSC R1-3) (By Advocate Mr. R. Sreeraj R4-7)

The application having been heard on 18.1.2011, the Tribunal on 14.02.11 delivered the following:
O R D E R

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

The applicants in this O.A. challenge the appointment of private respondents as Postmen under OBC reservation which is not permissible in promotion.
2. The 11 vacancies of Postman/Mail Guard to be filled up in the year 2009 by the Postmaster General, Central Region, Kochi, were split up as under :
Departmental Quota GDS Quota
SC ST PH UR Total Seniority Merit Total
1 1 - 4 6 03 02 05

As there was no candidate for the 50% quota earmarked for promotion from Group-D, as per the Recruitment Rules, the same was added to the 50% GDS merit quota. The respondents selected 4 top scorers from the OBC quota to fill up 4 posts of Postman. Aggrieved by the promotions of the private respondents 4 to 7, who are OBC candidates appointed to the cadre of Postman overlooking the applicants' merit, they have filed this O.A for the following reliefs:
"i) To call for the records leading to the issue of Annexure A-3 and to quash the selection and appointment of respondents 4 to 7 as postmen.
ii) To declare that respondent 1 to 3 are not legally competent or empowered under the Recruitment Rules to fill up the unfilled vacancies in the departmental quota which are to be transferred to the GDS merit quota by way of reservation to the OBC and that the said vacancies are to be filled up by candidates on their merit in the examination.
iii) To issue appropriate direction or order directing the respondents to adhere to the order of merit of the candidate based on the marks obtained by them in the postman examination held on 20.12.2009 in the GDS merit quota and to appoint the applicants as postmen with effect from the dates of their entitlement with all consequential benefits including arrears of pay and allowances.
iv) To grant such other relief which may be prayed for and which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
v) To award costs in favour of the applicant."
2. The applicants submitted that the selection and appointment of respondents No. 4 to 7 as Postman under GDS merit quota overlooking the higher marks obtained by the applicants on the basis of the examination held on 20.12.2009 are illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India. The party respondents have been selected solely for the reason that they belong to the OBC category and have been extended the benefit of reservation. The settled position of law is that the OBC category has the benefit of reservation in direct recruitment only and not in promotion. The method of recruitment of GDS as Postman by departmental examination is by way of promotion only as held by this Tribunal in its order at Annexure A-6 dated 18.07.2007 in O.A. No. 858/2006. There is no justification in transferring the unreserved vacancy to the OBC category.
3. The respondents opposed the O.A. In their reply statement, they submitted that 6 vacancies of the departmental quota were transferred to the GDS merit quota treating the recruitment from GDS to Postman as direct recruitment as held by the Full Bench of this Tribunal in its order dated 21.03.2000 in O.A. No. 807/1999 and O.A.No. 1286/1997. The normal reservation rule would apply to the GDS merit quota. As there was shortfall in the OBC quota, 4 OBC candidates were selected and included in the Annexure A-3 select list. The last selected candidates from the UR and the OBC quota obtained 146.5 and 133 marks respectively. The applicants have scored only 146 marks each and they ranked below the candidate selected from the UR quota. The party respondents 4 to 7 were included in Annexure A-3 list for selection against the OBC vacancies as they were meritorious and thus more qualified, under the OBC category. The applicants cannot claim a post reserved for the OBC category. The selection and appointments of the party respondents 4 to 7 were done strictly in accordance with the Recruitment Rules. The Gramin Dak Sevaks are not regular departmental employees. The order of this Tribunal in O.A. No. 858/2006 at Annexure A-6 has been challenged by the Department in W.P.(C) No. 36443/2007, which is still pending before the Hon'ble High Court of Kerala. The reservation was given to the party respondents 4 to 7 on the basis of the existing rules as the unfilled vacancies in the departmental quota were transferred to the GDS quota. It is settled position of law that the OBC category has the benefit of reservation only in direct recruitment and not in promotion. The method of recruitment of GDS to Postman is by way of direct recruitment as per Annexure R-2 order.
4. We have heard Mr. P.C. Sebastian, learned counsel for the applicant and Mr. M.K. Aboobacker, learned ACGSC for official respondents 1 to 3 and Mr. R. Sreeraj, learned counsel appearing for the private respondents and perused the materials on record.
5. The point for adjudication in this O.A. is whether the method of recruitment of GDS to the cadre of Postman through departmental examination is merit based selection on promotion or not. This issue was dealt with at length by this Tribunal in its order dated 18.07.2007 in O.A. No. 858/2006. The relevant part of the said order is reproduced as under :
"14 The second point of law that has been taken is relating to the Full Bench decision of this Tribunal in O.A. 807/99 and 1286/97. In this Full Bench decision the Bench has considered the following points:
(i) Whether the appointment of extra Departmental Agents as Postman in the 25% seniority quota is by way of direct recruitment or promotion?
(ii) Whether the qualification prescribed for direct recruitment to the post of Postman is applicable to the appointment of Extra Departmental Agents on the cost of Postman in the 25% seniority quota?
(iii) Whether the letter dated 17.5.95 of the Director General (Posts) prescribing a minimum educational qualification of 8th standard pass for Extra Departmental Agents for appointment as Postman in the 25% seniority quota a is valid and enforceable?
15 Though there was dissent by one Member, as per the majority view, the points were settled as follows:
Point No. 1:- Appointment of ED Agents as Postmen in 25% seniority quota is by way of direct recruitment only
Point No. 2: The qualification prescribed for direct recruitment to the post of Postman is applicable to
the appointment of ED Agents on the post of Postmen in 25% seniority quota
Point No. 3: the letter dated 17.5.95 of the Director General of Posts prescribing a minimum educational qualification of 8th Standard pass for ED Agents for appointment as Postmen in 25% seniority quota is valid and enforceable.
16 With reference to the applicability of the decision the rule position extracted below has to be seen: Col. 11:- Method of recruitment-
(1) 50% by promotion failing which by ED Agents on the basis of their merit in the Departmental Examination
(2) 50% of ED Agents of the recruiting Division or unit in the following manner, namely:-
(i) 25% from among ED Agents on the basis of their seniority in service and subject to their passing
the Departmental examination, failing which by ED Agents on the basis of merit in the Departmental
examination. (ii) 25% from amongst ED Agents on the basis of their merit in the departmental examination.
(3) If the vacancies remained unfilled by EDAs of the recruiting Division, such vacancies may be filled by the EDAs of the Postal Division falling in the zone of Regional Directors.
(4) If the vacancies unfilled by EDAs remain unfilled by the EDAs of the recruiting units such vacancies may be filled by EDAs of the Postal Divisions located at the same station. Vacancies remaining unfilled will be thrown open to EDAs in the Region.
(5) Any vacancy remaining unfilled may be filled up by direct recruitment through the nominees of the
Employment Exchange. Col. 12:- In cases of promotion- (1) Promotion from Group-D officials who have put in three years of regular and satisfactory service on the closing date for receipt of applications through a Departmental Examination (2) EDAs through a departmental examination (3) Direct recruitment through a departmental examination.
7 It is evident that point No. 1 under consideration of the Full Bench related to appointment of ED Agents as Postman against 25% seniority quota. The question in this OA is regarding the remaining 25% of the GDS quota which is operated on the basis of merit in the departmental examination i.e. Col. 11(2)(ii) of the Rules and the decision of the Full Bench relates to the quota in Col. 11(2)(i). Therefore the Full Bench order cannot be said to have omnibus application to all the provisions of the Rules since it has decided only the question of filling up of the 25% seniority quota. It is a moot point that when the filling up of the seniority quota itself is held to be direct recruitment whether the filling up the balance 25% on merit can be viewed
as promotion. We are not going in to that aspect. For deciding the applicability of the Full Bench decision to this case, this distinction can certainly be drawn that the point now under challenge in this O.A. has not been covered by the Full Bench decision and hence is distinguishable.
18 The learned Senior Counsel drew our attention to the order of this Tribunal in O.A. 704/06 in which again the claim of the applicants was to the 25% seniority quota of GDS and the main question was whether the approval of the Screening Committee is required for filling up the vacancies and it was held that Screening Committee procedure was not applicable to the promotion quota. Hence, this order has also no relevance here.
19 Having dealt with the legal propositions advanced by the learned Senior counsel which are not directly applicable to the present case, we proceed to examine the Columns 11 and 12 of the Recruitment Rules for promotion to the Postman/Mail Guards as it stands now. The rules have been extracted above. A reading of Columns 11 and 12 put together is required to understand the proper spirit of the rule. To our mind Col. 11 which prescribes the method of recruitment sub clause (1) to (4) being the manner of filling up the vacancies by promotion and also by means of a selection on the basis of seniority and merit in a departmental examination. Sub clause (5) which provides for filling up of any vacancy remaining unfilled after going through all other processes mentioned above, would be by direct recruitment which has to be done purely by inviting applications from the Employment Exchange. Therefore in our view, it has to be construed that all selections made from within the department either from Group-D personnel or from the ED Agents who are also a class of servants under the Postal Department covered by sub clauses (1) to (4), would have to be construed as promotion and filling up of vacancies purely by outsiders through employment exchange can only be construed as direct recruitment. This view is further confirmed by the wordings in column 12 where the cases of promotion have been further categorized in three categories which include promotion from Group-D failing which from ED Agents through departmental examination by seniority as well as merit. Here the second category is relatable to sub clause 2(ii) of Col. 11 and the third category is relatable to sub clause 2(ii) of Col. 11 all of which are clubbed under the heading "promotion" only. We are also informed that the departmental examination referred to in the Col. 11 and 12 of the Rules is a common one. This is also supported by a reading of Rule 7 prescribing the age limit where again a higher age limit has been prescribed for ED Agents considering them as departmental personnel. In the light of such a reading of the Recruitment Rules keeping the entire scheme of promotion in view, we are inclined to hold that the method of recruitment of ED Agents through the departmental examination has to be construed as merit based selection on promotion only.
20 Having arrived at the above finding that the selection of ED Agents under merit quota is not by way of direct recruitment we come to the further interpretation of the 'Note' prescribed in Annexure A-4 viz. that the unfilled vacancies will be added to GDS merit quota and that quota will be increased to that extent and the implications thereof. The respondents had notified more than 6 vacancies under the departmental quota and 1 UR vacancy by Annexure A-5. Out of the 6 vacancies 1 was reserved for PH. When the unfilled vacancies are added to the GDS merit quota, the nature/category of the vacancies should not undergo a change if the method of recruitment remained the same. It is the contention of the respondents that when the recruitment to the post is from GDSs in the event of failure to fill up the vacancies by departmental candidates by promotion, the recruitment changes its nature and becomes direct recruitment, the decision in the Full Bench order and thereby fresh reservation points in the direct recruitment roster would become applicable for such recruitment. Therefore, they had added the 6 vacancies to the 1 vacancy already notified and the total quota of Direct Recruit vacancies were taken as 7, out of which 1 vacancy was for PH and another 1 for Ex-serviceman and the post under merit quota was filled up by unreserved candidate and out of the remaining 4, 2 were filled up by UR and 1 by OBC as there were backlog of OBC candidates in the direct recruitment quota.
21 If the method of recruitment is determined as not by direct recruitment there can be no reservation for OBCs as contended by the applicants. There is no reservation for Ex- servicemen also under promotion quota. We find that apart from stating that OBC candidates were appointed under the backlog quota, the respondents have not come out clearly on the issue of roster points and how they have distinguished the 7th Roster point which position should be available to them if they are maintaining separate rosters for the merit
quota of GDS under direct recruitment. According to their own instruction in Annexure A-5, if the vacancy reserved for PH in the Departmental quota remains unfilled, it should be transferred to GDS quota to be filled up by PH candidate only. By the same rationale the vacancies identified as unreserved when they are filled up by adding the GDS quota cannot be converted to any other category and the nature of the vacancies should remain the same as unreserved. Even if the respondents genuinely construed the filling up of the
unfilled vacancies as belonging to direct recruitment quota, this exercise could not have been done without notifying the revised vacancy position as per the points in the roster and Annexure A-5 should have been modified to that extent as otherwise it results in an imbalance in the rosters and all those who participated in the examination should have been made aware of the same.
22 Therefore considering the provisions of the Rules above position and the legal position as discussed earlier, we are of the view that the filling up of the unfilled vacancies the departmental quota cannot be termed to be direct recruitment and it should have been done against under the same categories as notified in Annexure A-5 and in accordance with the position in the rank list at Annexure A-9. Once the process is considered to be under the 'Promotion' method, reservation for OBCs/Ex-servicemen are not to be followed. Setting apart 1 vacancy for Ex-servicemen, we find is not in accordance with the rules. It is also not logical and practicable to implement the quota for the Ex-servicemen in the GDS quota unless it had been strictly implemented in the first instance at the time of recruitment as GDS. We do not find any provision in the GDS Rules prescribing any quota for Ex-servicemen at the time of recruitment except a general guideline that it if it is possible ex-servicemen may be preferred if other things are equal. When there is no reservation in the lower posts where direct recruitment take place, the probability of finding suitable of the ex-servicemen in the higher post is very unlikely. Therefore any direction as averred by the respondents that the vacancies should be reserved for ex-servicemen and further interpretation being given by the respondents that they should be kept unfilled is not in order. In fact we have already held that no reservation for ex-servicemen was provided for in promotion in the Recruitment Rules. Therefore, the respondents will have to release the 1 vacancy set apart for ex-servicemen quota also when finalising the selection. The respondents shall undertake a revised exercise on the above lines and notify the selection to the 6 unfilled vacancies carried over from the Departmental quota by modifying Annexure A-6 suitably. Unless this exercise is done we cannot come to any conclusion whether respondents 4 & 5 would come within the ambit of selection. Respondents shall complete this exercise within three weeks of date of receipt of this order. Till the selection process is completed and the modified order is issued all the appointments made in Annexure A-6 shall be continued.
23 The OA is disposed of as above. No costs." (emphasis supplied)

6. The decision of the Full Bench in O.A. Nos. 807/1999 and 1286/1997 has also been considered by this Tribunal in O.A. No.858/2006. In our considered view, the decision of this Tribunal in O.A. No.858/2006 squarely covers the instant O.A. The decision of the Full Bench is clearly distinguishable and the method of recruitment of GDS to the cadre of Postman on the basis of merit which is the crucial point in the instant O.A has not been covered by the Full Bench decision as was held in O.A. No. 858/2006. If the Recruitment Rules for Postman/Mail Guard are read keeping the entire scheme of promotion in view then the method of recruitment of GDS to the cadre of Postman through departmental examination is to be treated as merit based selection on promotion only. Admittedly, the reservation for the OBC category does not apply to promotion. Therefore, reservation for the OBC category will not apply to the recruitment of GDS to the cadre of Postman in the instant O.A. Consequently, the nature of the unfilled unreserved vacancies in the departmental quota when added to the merit quota of GDS will remain the same as unreserved. Therefore, there is no justification for transferring the unreserved vacancies to the OBC category. That being so, the appointment of the party respondents 4 to 7 is against unreserved vacancies. This appointment is legally untenable because the claim of the applicants for appointment against unreserved vacancies, on account of their having higher merit than the party respondents cannot be ignored.
7. Though the order of this Tribunal in O.A. No. 858/2006 is challenged before the Hon'ble High Court of Kerala that by itself is not a reason not to follow the same. As held by the Hon'ble Punjab and Haryana High Court in Roshan Jagdish Lal Duggal and Others vs. The Punjab State Electricity Board, Patiala and Others, 1984 (2) SLR 731, the admission of an appeal against the order of the High Court and the suspension of its operation during the pendency of the appeal does not have the effect of rendering it non est till the disposal of the appeal.
8. In the result, the O.A. is allowed. Annexure A-3 order dated 15.02.2010 issued by the 2nd respondent relating to selection and appointment of the party respondents 4 to 7 as Postmen is quashed and set aside. The respondents are directed to adhere to the order of merit of the candidates based on the marks obtained by them in the Postman examination held on 20.12.2009 in the GDS merit quota and to appoint them as Postmen with effect from the date of their entitlement with all consequential benefits including arrears of pay and allowances within a period of 3 months from the date of receipt of a copy of this order.
8. No order as to costs.
(K. GEORGE JOSEPH) (JUSTICE P.R. RAMAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER

POST BANK AND ATM

POST BANK AND ATM

Department of Posts is going to introduce Banking service through Post Offices. All post offices will also work as Post Banks. ATMs will also be introduced along with Postal Banks.

Department of Posts is going to launch Post Bank and prepaid card scheme very shortly. All the regional heads of all circles have been directed to personally identify and expedite the manner of installation of ATMs in Head Post Offices. RBI approval and License is awaited. As part of core banking process all existing accounts are now updated in computers. The circle heads are frequently stressed to complete the signature scanning of all A/c holders as early as possible. A centralized server possibly at Ghaziabad is proposed to be constituted which will automatically extract data from all HOs & SOs as and when the counter clerk enters a transaction. The role of SBCO will be minimized. The preservation of records at all HOs will be considerably reduced.

Under Prepaid card scheme which is to be launched in collaboration with Banks, all expenses are to be borne by Banks. Cards will be issued to customers who have Savings Accounts only and later be expanded to other customers. With help of card one can withdraw money in POs/ Any ATM/ make purchase in any merchant outlets. A minimum charge will be levied for each operation. Minimum load is Rs 1000 and maximum reload to card is Rs50000. Maximum withdrawal is Rs.10000 per day and only four times can a card be used in a single given day.

Earned Leave (E.L) and Half Pay Leave (HPL)

Earned Leave (E.L) and Half Pay Leave (HPL)

to be calculated up to the date of death of a Govt.servant

No.13026 /1/2010-Estt. ( Leave) Government of IndiaMinistry of Personnel, Public Grievances & PensionsDepartment of Personnel & Training***

New Dlehi, the 7th Februay, 2011

OFFICE MEMORANDUM

Sub: Rate of calculating entitlement to Earned Leave (E.L) and Half Pay Leave (HPL).

The undersigned is directed to say that matter regarding entitlement of a Government servant, who dies while in service, to Earned Leave under Rule 27(2)(b) and Half Pay Leave Rule 29 (2) (c) of the CCS (Leave) Rules 1972 has been under consideration of this Department. 2. At present rule 27 (2) (b) says ‘when a Government servant is removed or dismissed from service or dies while in service, credit is allowed at the rate of 2 ½ days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.’ Similarly Rule 29 (c) says ‘When a Government servant is removed or dismissed from service or dies while in service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.’

3. These rules adversely affect cases where the death of a serving Government Servant occurs on the last day of the month as the day of death is treated as his last working day. Clause (b) of sub rule (2) of rule 27 and clause (c) of sub-rule (2) of rule 29 of the CCS Leave Rules is modified as under :- Rule 27 (2) (b) ‘When a Government servant is removed or dismissed from service, credit is allowed at the rate of 2 ½ days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service. When a Government Servant dies, while in service, credit of Earned Leave shall be allowed at time rate of 2 ½ days per completed month of service up to the date of death of the Government Servant.’ Rule 29 (2) (c) ‘When a Government servant is removed or dismissed from service, credit of Hall Pay Leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service. When a Government Servant dies while in service, credit of Half Pay Leave shall be allowed at the rate of 5/3 days per completed month of service up to the date of death of the Government Servant.’

4. These orders take effect from the date of issue.
5. So far as persons serving in the Indian Audit & Accounts Departments are concerned, these orders are being issued after consultation with the C&AG of India.

s/d(Zoya C. B.) Under Secretary to the Government of India

Collaboration between Department of Posts & Unique Identification Authority of India

Press Brief
Collaboration between Department of Posts & Unique Identification Authority of India

Department of Posts is striving to provide complete solution for delivering the Unique Identification Number to all the residents in the country. A Statement of Intent is today being signed between Department of Posts and UIDAI in the presence of the Hon’able Minister of Communications and IT and the Hon’able Chairman of UIDAI.
2. The main purpose of this Statement is to forge strategic alliance to create value for both the Department of Posts and the UIDAI and for the residents of India.
Salient Features of Statement of Intent to being signed today, the 4th of February 2011
 UIDAI wishes to leverage the national network of the Department of Posts to provide Aadhaar and the accompany authentication services to all residents.

 Department of Posts and UIDAI wish to collaborate to provide state of art bio-metric and ID authentication services to the residents.

 Providing of enrolment and updation facility to the residents of India in identified post offices across the country subject to economic & operational viability.

 Facilitating continuing Aadhaar enrolment and provision of up-dation centres across the network of Post Offices subject to feasibility & on mutually agreed terms

 Transmission and delivery of UID letters to the residents of the country and providing proof of delivery of these letters through a service specially customized for UIDAI

 Use of Aadhaar and Aadhaar based authentication services in Postal business where deemed fit by Department of Posts;

 Sharing demographic and biometric data collected during enrolment for Aadhaar on mutually agreed terms & conditions;

 Utilizing Media Post and Direct Mail services of Department of Posts by the UIDAI to targeted group of residents across the country to promote Aadhar on mutually agreed terms & conditions.

 In a recognition of the fact that Aadhaar enablement may call for running Proof of Concept and Pilot projects both side agree to do so where deemed necessary and subject to mutual convenience. Such exercises as may be undertaken in pursuit of this understanding will endeavour to produce Detailed Project Reports which can be effectively used to scale up the projects on successful completion.
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3. The mandate of Unique Identification Authority of India (UIDAI) is to provide a Unique Identification Number to each and every resident of the country. This involves:-
a) Capture of demographic and bio-metric data of each and every resident.
b) Generating a Unique Identification Number for each resident of the country.
c) Printing a communication carrying the Unique Identification Number addressed to each resident.
d) Delivery of this communication to the resident.
e) Updation of resident’s data on a periodic basis.
4. Department of Posts has a vast network of post offices across the country which touches each and every resident of the country. The Department of Posts, therefore, is the only organization in the country that can provide an end to end comprehensive solution to the requirements of the UIDAI in this regard.
5. In view of above, Department of Posts and UIDAI came together and signed their first Memorandum of Understanding on 30th April, 2010. This MOU covers the following areas:-
a) Printing of communication carrying UID Number addressed to the resident at Department of Posts ‘Print to Post’ facility at Kolkata GPO.
b) Transmission of the UID communications printed at Department of Posts’ ‘Print to Post’ facility to the addressee by the fastest means.
c) Delivery of the UID communication to the addressee through the vast network of post offices across the country.
6. The ‘Print to Post’ facility of Department of Posts at Kolkata is expected to print and dispatch about 1 crore UID letters upto March 31, 2011. During the year 2011-12, Department of Posts is expected to print and deliver about 12 crore UID letters.
7. Subsequently, Department of Posts signed the second Memorandum of Understanding with UIDAI on the September 18, 2010 wherein Department of Posts agreed to act as Registrar to UIDAI. UIDAI is in the process of short listing the Enrolment Agencies that will manage the Enrolment Stations in the identified post offices. More than 3700 post offices across the country have been identified for providing enrolment stations facility.

source-indiapost site