HON'BLE KARNATAKA HIGH COURT VERDICT ON GRANT OF LEAVE TO CHQ OFFICE BEARERS.

DEPARTMENT IS WILLING FOR A WORKING ARRANGEMENT – HIGH COURT VERDICT ON GRANT OF LEAVE TO CHQ OFFICE BEARERS.

 

The writ petition filed by the CHQ under Articles 226 and 227 of the Constitution of India to quash the order of CAT dated 8.7.05 is disposed of with afavourable note.  The respondents (department)submits that ours is the recognized association and whatever benefits for the union as a General Secretary would be extended and further WILLING TO CONSIDER THECASE OF THE UNION,AIPEDEU that is for grant of leave as sought for.

 

IN  THE  HIGH  COURT  OF  KARNATAKA  AT  BANGALORE

DATED  THIS  THE  4^TH DAY  OF  AUGUST,  2011

PRESENT

THE  HON'BLE  MR. JUSTICE K.L. MANJUNATH

AND

THE  HON'BLE  MR. JUSTICE H.S. KEMPANNA

 

WRIT  PETITION  NO. 24106/2005 (S-CAT)

BETWEEN:

 

1.      All India Postal Extra Departmental Employees Union

(Central Headquarters)

(Affiliated with National Federation of Postal Employees)

First Floor, Post Office Building, Padam Nagar, New Delhi

R/by the General Secretary

(for the present Sri S.S. Mahadevaiah)

 

2.      S.S. Mahadevaiah s/o Sadashivaiah,

39 years, working as Gramin Dak Sevak, Mail Deliverer,

Dooravaninagar Post Office,

Bangalore.                                                                         ..          PETITIONERS

 

(By Sri. Subba Rao, Senior Advocate for M/s Subbarao & Co.)

 

AND:

 

1.      The Union of India,

R/by the Secretary to Govt.,

Department of Posts,

Dak Bhavan,

New Delhi.

 

2.      The Deputy Director General

(Establishment),

Dept. of Posts, Dak Bhavan,

New Delhi.

 

3.      The Chief Post Master General

Karnataka Circle,

Bangalore.

 

4.      The Senior Superintendent of

Post Offices, Bangalore East

Sub-Division , Bangalore.

 

5.      The Asst. Superintendent of Post Office,

Bangalore East Sub-Division III,

Vimenapura PO., Bangalore.

 

6.      The Secretary,

Dept. of Personnel & Training,

Govt. of India,

New Delhi.                                                                        ..                      RESPONDENTS

 

(By Sri. C. Shashikanth, CGSC)

- - - -

This WE is failed under Arts. 226 & 227 of the Constitution of India to quash the order dated 8.7.2005 passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore in OA Nos. 1010 & 1023/2003, a certified copy of which has been produced at Annexure-A as the said order suffers from errors which are apparent on the face of the record as the Central Administrative Tribunal did not consider the case of the petitioners in its proper perspective and allow the said applications filed by the petitioners before the Central Administrative Tribunal and grant the petitioners all the reliefs as prayed for in the said applications.

 

      This Petition is coming on for final hearing this day,  MANJUNATH  J. made the following.

 

O R D E R

 

      Petitioners are challenging the orders passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore on their Application Nos.1010 & 1023/2003 which are rejected on 8.7.2005.

 

2.  Heard Sri. Subba Rao, learned senior advocate for the petitioners and Mr. Shashikanth, CGSC for the Respondents.

 

3.      First petitioner is an association which has been recognized by the Respondents. Second petitioner claims to be its General General Secretary. 2^nd petitioner as a General Secretary of the 1^st petitioner sought permission to work for the benefit of the 1^st petitioner as foreign service and sought permission to grant leave whenever he was on duty in connection with the office of the 1^st petitioner and the request of 2^nd petitioner was not considered by the Respondents. Challenging the same, applications were filed before the tribunal. Tribunal after hearing the parties came to the conclusion that 2^nd petitioner is not entitled for grant of more than 180 days leave and in exceptional cases it can be extended as per Rules of the Respondents and the petition came to be dismissed on the ground that this tribunal cannot interfere with the policy decision of the Respondents. Challenging the same, present petition is filed.

 

4.      Counsel for the Respondents submits that since 1^st petitioner is a recognized association of the employees, whatever benefits 2^nd petitioner as a General Secretary of the 1^st petitioner would   be extended by the Respondents as per Rules prescribed by the Respondents and he further submits that when the Respondents are willing to consider the case of 2^nd petitioner, as per Rules of the Respondents, present petition is not maintainable. According to him, 2^nd petitioner is not entitled for leave of 180 days and in special circumstances it is for the respondents to extend leave and so far as the deputation of foreign service of 2^nd petitioner or any office bearers of the 1^st petitioner are concerned, the same would be considered in accordance with Rules and instructions as on today to be issued by the Respondents from time to time.

 

5.      Placing the submissions of the consul for the Respondents, this petition is disposed of.

Sd/-

JUDGE

 

 

R/160811S

 

Sd/-

JUDGE

 

--
S.S.Mahadevaiah
General Secretary
All India Postal Extra Departmental Employees Union

PAYMENT OF DEARNESS ALLOWANCE TO GRAMIN DAK SEVAKS (GDS) AT REVISED RATES WITH EFFECT FROM 01-07-2011.

 Govt. Orders on Payment of D.A to Gramin Dak Sevaks (GDS) at revised rates with effect from 01-07-2011.

Payment of Dearness Allowance to Gramin Dak Sevaks (GDS) at revised rates with effect from 01-07-2011.

 Govt. Orders on Payment of D.A to

Gramin Dak Sevaks

(GDS) at revised rates with effect from

01-07-2011.

 

NO. 14-01/2011-PAP

GOVERNMENT OF INDIA

MINISTRY OF COMMUNICATIONS & IT

DEPARTMENT OF POSTS

(ESTABLISHMENT DIVISION)

DAK BHAVAN, SANSAD MARGNEW DELHI-110001,

THE 18^th OCTOBER,2011

To

All Chief Postmasters General,

All G.Ms. (PAF) / Director of Accounts (Postal).

Subject: Payment of Dearness Allowance to Gramin Dak Sevaks (GDS) at revised rates with effect from 01-07-2011 onwards-reg.

          Consequent upon grant of another installment of dearness allowance, with effect from 1^st JULY, 2011, to the Central Government Employees vide Government of India, Ministry of Finance, Department of Expenditure O.M. No.1(14)/2011-E-II(B), dated the 3^rd October ,2011, the Gramin Dak Sevaks (GDS), have also become entitled to the payment of dearness allowance on basic TRCA at the revised rate with effect from 01-07-2011. It has, therefore, been decided that the dearness allowance payable to the Gramin Dak Sevaks shall be enhanced from the existing rate of 51% to 58%, on the basic Time Related Continuity Allowance, with effect from 1^st July, 2011.

2.         The additional installment of dearness allowance payable under this order, shall be paid in cash to all Gramin Dak Sevaks. The payment of arrears of dearness allowance for the months of September, 2011, shall not be made before the date of disbursement of TRCA of September, 2011.

3.         The expenditure on this account will be debited to the Head "Salaries" under the relevant head of account and should be met from the sanctioned grant.

4.         This issues with the concurrence of Integrated Finance Wing vide their Diary No. 123/FA/II/CS, dated 18^th October, 2011

Yours faithfully

Sd/-

(KALPANA RAJSINGHOT)

DIRECTOR(ESTT)

TELE:23096036/23036793

FAX:011-23096007/23096036

--
S.S.Mahadevaiah
General Secretary
All India Postal Extra Departmental Employees Union

WE DEMAND GRATUITY AS PER THE GRATUITY ACT 1972 TO ALL GDS

Another Judgement Asst.Labour Commissioner, Trivandrum, Kerala delivered a Judgement application of smt. P.M.Nabeesa, Ex.GDS SPM, Changanassery Dn.to pay Gratuity as per the Gratuity Act 1972 Rs 165388/- W.E.F 11-07-2009 with 11% simple intrest.

 

We can remember  Case of

SR.SUPERINTENDENT, P&T HOSHIARPUR Petitioner(s)

VERSUS

SHAM DULARI & ORS.In Hon'ble Supreme court Judgement 

 

SUPREME COURT OF INDIA

RECORD OF PROCEEDINGS -131172

...

Petition(s) for Special Leave to Appeal (Civil) No(s) .21309/2006

(From the judgement and order dated 18/05/2006 in CWP No. 7576/2006

of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)

SR.SUPERINTENDENT, P&T HOSHIARPUR Petitioner(s)

VERSUS

SHAM DULARI & ORS. Respondent(s)

Date: 07/12/2007 This Petition was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE A.K. MATHUR

HON'BLE MR. JUSTICE MARKANDEY KATJU

For Petitioner(s)

Mr. R. Mohan, ASG

Ms. Kiran Bhardwaj, Adv.

Mr. V.K. Verma, Adv.

For Respondent(s)

Mr. D.S. Mahra, Adv.

Mr. Sanjay Parikh, Adv.

Ms. Anitha Shenoy ,Adv.

Mr. Jitin Sahni, Adv.

Mr. A.N. Singh, Adv.

Ms. Mamta Saxena, Adv.

UPON hearing counsel the Court made the following

0 R D E R

Heard learned counsel for the parties.

We are not inclined to interfere in this Special Leave

Petition. The same are accordingly, dismissed.

However, the question of law is left open.

 

Sd/          Sd/

(Sukhbir Paul Kaur) (Vijay Dhawan)

Court Master Court Master

 
WE DEMAND FOR GRATUITY AS PER THE GRATUITY ACT 1972 TO ALL GRAMIN DAK SEVAKS
--
S.S.Mahadevaiah
General Secretary
All India Postal Extra Departmental Employees Union

Thanks for Making Dharna at Circle/Region Head Quarters

Thanks for Making Dharna at Circle/Region Head Quarters on 12^th Oct, 2011 by CHQ Programme grand successful.

--
S.S.Mahadevaiah
General Secretary
All India Postal Extra Departmental Employees Union

AIPEDEU CALL UPON ONE DAY DHARNA ON 12-10-2011

AIPEDEU CALL UPON ONE DAY DHARNA ON 12-10-2011

 

Dear Comrades, in order to register our resentment and anger against the administration's failure to address our problems which are piling up like a mountain, we hereby call upon all Circle unions to observe one day Dharna at Circle/Region Head Quarters on 12 October, 2011 as first step of our agitational programme. Further programme will be announced in due course. After the conclusion of the dharna please send the following savingram to the Minister of State for Communications and IT New Delhi and Secretary Department of Posts, New Delhi-110001

 

          "Problems of GDS employees are piling up without any concrete steps by administration to address them kindly intervene.

          The problems are:-

1. Discrimination in bonus ceiling
2. Tightened norms
3. Abnormal merit points for relaxation appointment.
4. Illegal replacement of GDS (Conduct & Employment) Rules 2001 with GDS (Conduct & Engagement) Rules 2011
5. Postmen Recruitment Rules affecting interests of GDS staff adversely
6. Three time bound promotions (financial up gradation) for GDS employees.

All Circle/Divisional/Branch Secretaries and Active Members are requested to make the above mentioned programmes of action a grand success.

With struggle greetings

Yours fraternally,

--
S.S.Mahadevaiah
General Secretary
All India Postal Extra Departmental Employees Union

SENIOR POSTMASTER EXAMINATION ON 31.12.11

SENIOR POSTMASTER EXAMINATION ON 31.12.11

          The Postal Directorate vide its notification No. A-34012/6/2011-DE dated 03.10.2011 announced about the conduct of the Senior Postmaster examination on 31.12.2011. The following is the schedule for conducting the LDCE for promotion of Sr. Postmasters 2011.

ACTIVITY SCHEDULE
Receipt of Application on plain paper from willing candidates with service details to decide his eligibility to DO /RO/CO/ Controlling unit	Latest by 15.10.2011
Receipt of Application Form Kits by Nodal Officer DPS(HQ) from CMC	Latest by 21.10.2011
Receipt of Application Form Kits by DO /RO/ CO / Controlling unit from Nodal Officer of Circle for making available to the eligible candidates.	Latest by 25.10.2011
Last date for receipt of Application Form Kits at DO /RO/ CO / Controlling unit.	Latest by 02.11.2011
Receipt of duly filled in application forms by Nodal officers of the Circle sent by DO /RO/ CO / Controlling unit.	Latest by 05.11.2011
Despatch of duly filled in application forms by Nodal officer of the Circle to CMC.	Latest by 08.11.2011
Issue of Hall Permits by CMC to eligible candidates .	Latest by 05.12.2011
Date of Sr. Postmaster Examination 31.12.2011

 

 

--
S.S.Mahadevaiah
General Secretary
All India Postal Extra Departmental Employees Union