SA POST

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Tuesday, 9 June 2026

MMS Artisan judgement - ACP II 2800 GP to 4200GP .

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDA

&

THE HONOURABLE MR.JUSTICE BASANT BALAJI

TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947

OP (CAT) NO. 34 OF 2022 PETITIONER/APPLICANT IN OA:

K. GANESAN,AGED 68 YEARS, 

RETIRED HIGHLY SKILLED ARTISAN, 

GRADE – I(PAINTER), 

MAIL MOTOR SERVICE, THIRUVANANTHAPURAM, 

RESIDING AT 

KOTTADIYIL HOUSE, T.C. 7/2361, EDAVAKODE, AISWARYA NAGAR, SREEKARYAM, THIRUVNANATHAPURAM, PIN, 695017.

BY ADVS.SHRI.M.R.HARIRAJ (SR.) SMT.THANUJA ROSHAN

SHRI.VISWAJITH C.K

SMT.GISHA G. RAJ

SHRI.REJIVUE K.C.

SMT.VIDYA A.K

SMT.ALINA ANNA KOSE

RESPONDENTS/RESPONDENTS IN OA:

1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF COMMUNICATION, DEPARTMENT OF POSTS, NEW DELHI 110001.

2 THE CHIEF POST MASTER GENERALKERALA CIRCLE, THIRUVANANTHAPURAM – 695033.

3 THE ASSISTANT DIRECTOR (STAFF)OFFICE OF THE POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM – 695033.

BY SHRI.S.BIJU, SCGC 

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 20.6.2022, THE COURT ON 24.06.2025 DELIVERED THE FOLLOWING:

J U D G M E N T

(Dated this the 24th day of June 2025)

Basant Balaji J.,

The Appellant is challenging the order issued by the Central Administrative Tribunal (CAT), Ernakulam Bench, on 17 March 2021, in Original Application (O.A.) No. 180/00854/2016 through this Original Petition.

2. The Petitioner commenced service as a Painter on 24 June 1982. He received a promotion to the post of Painter Gr.II (classified as Gr.II Skilled Artisan) effective from 1 December 1997, carrying a pay scale of ₹4000-100-6000. Subsequently, due to the re-categorisation of skilled artisan trades within the Mail Motor Service, the Petitioner was posted as a Highly Skilled Artisan in the same pay scale of ₹4000-100-6000, from 1 January 2003, as per Annex.A2.

3. The 5th Central Pay Commission introduced the Assured Career Progression (ACP) Scheme by an order dated 9 August 1999. This scheme entitles employees to two financial upgradations upon completing 12 and 24 years of service, provided they have not received a regular promotion. The Petitioner's promotion to Painter, Skilled Artisan Gr.II (on 1 December 1997) was considered his 1st ACP. The Petitioner asserts entitlement to the 2ndfinancial upgradation upon completing 24 years of service on 24 June 2006, which was arbitrarily denied. Furthermore, with the advent of the Modified Assured Career Progression (MACP) Scheme, the Petitioner, having completed 30 years of service on 24 June 2012, claims eligibility for the 3rd financial upgradation under MACP, which was also denied. These denials led the Petitioner to seek redress from the Tribunal.

4. The Respondents contested the Petitioner's claims, arguing that the promotion to Skilled Artisan Gr.II on 1 December 1997, should be treated as the 1st ACP benefit. The Petitioner's subsequent posting to the Highly Skilled Artisan Gr.I on 1 December 1997, a promotion. Following the 6th CPC recommendations, the scale for Skilled Artisan Gr.I was upgraded to ₹4500-125-7000, placing it in Pay Band PB1 (₹5200-20200) with a grade pay of ₹2800/-. Thus, the Petitioner had already received financial benefits effective from 1 January 2006, thereby making him ineligible for the 2nd ACP. The 3rdMACP was denied due to the Petitioner's Annual Confidential Report (ACR) grading being "average," which did not meet the required "good" benchmark for MACP benefits.

5. The Question for Determination in this Original Petition (O.P.) is whether the Petitioner's posting as a Highly Skilled Artisan Gr.I should be construed as a promotion or not.

6. Annex.A2, the order dated 29 March 2004, states that the Petitioner, then a Gr.II Painter, was "posted against the post of Highly Skilled Artisan Gr.I" in the pay scale of ₹4000-100-6000, effective from 1 January 2003. Significantly, the same order explicitly uses the word "promoted" in reference to another individual, Sri P.K. Paulose, who was "promoted as Gr.II Skilled Artisan" in the identical pay scale, also effective from 1 January 2003. Furthermore, Annex.A2 specifies vigilance/disciplinary prerequisites for Sri Paulose's promotion, a condition, that is conspicuously absent for the Petitioner's posting. 

7. Further, Annex.A2 also confirms that the pay scale for both Gr.II Skilled Artisan and Highly Skilled Artisan Gr.I was identical at ₹4000-100-6000. Therefore, the only logical conclusion is that the Petitioner's movement from Skilled Artisan Gr.II to Highly Skilled Artisan Gr.I was not a promotion, but rather a mere posting consequent to the re-categorisation of trades within the Mail Motor Service.

8. The Respondents' assert that the Petitioner received financial upgradation upon "promotion" to Highly Skilled Artisan Gr.I due to the 6thCPC's enhancement of the ₹4000-100-6000 scale to ₹5200-20200 with a grade pay of ₹2800/-. At the time of his posting as a Highly Skilled Artisan Gr.I, no fixation benefit was accorded to the Petitioner. The subsequent upgradation of the pay scale of the Highly Skilled Artisan Gr.I (from ₹4000-100-6000 to ₹4500-125-7000 and placement in Pay Band PB1 ₹5200-20200 with a grade pay of ₹2800/-) was a general revision based on 6th CPC recommendations and cannot be treated as a financial upgradation or considered as the 2nd ACP specific to the Petitioner.

9. The Senior Counsel for the Petitioner rightly relied upon the Supreme Court's decision in Bharat Sanchar Nigam Limited v. R. Santhakumari Velusamy and others1. This ruling clearly distinguishes between "promotion" and "upgradation," holding that upgradation merely confers a financial benefit by raising the scale of pay without movement from a lower to a higher position, whereas promotion involves an element of selection for movement to a post 1[(2011) 9 SCC 510].with a higher scale of pay.

10. Based on the foregoing analysis, it is unequivocally concluded that:

(i) The Petitioner's promotion to Skilled Artisan Gr.II, effective 1 December 1997, can be correctly termed as his 1st MACP and that the Petitioner's subsequent posting to Highly Skilled Artisan Gr.I cannot be termed a promotion to deny the 2nd ACP. Therefore, the Petitioner is entitled to the 2nd ACP upon completion of 24 years of service, effective from 24 June 2006.

(ii) Regarding the 3rd MACP, the scheme mandates a "good" benchmark in ACR’s for its grant. As the Petitioner's ACRs for the periods 7 November 2007 to 31 March 2008 and 1 April 2008 to 28 September 2008, were marked "average," the Petitioner is not entitled to the benefit of the 3rd MACP.

Therefore, we are of the considered opinion that the Tribunal erred in denying the 2nd ACP by incorrectly treating the Petitioner's posting as a Highly Skilled Artisan Gr.I as a promotion. Accordingly, the Petitioner is entitled to the 2ndACP with effect from 24 June 2006, along with consequential modifications to his pension and pensionary benefits.

In the result, the Original Petition is allowed.

Sd/-

NITIN JAMDAR , CHIEF JUSTICE 

 Sd/- 

 BASANT BALAJI, JUDGE 

APPENDIX OF OP (CAT) 34/2022

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE ORDER NO. ST/25-1/99 DATED 16.2.2000 OF THE 3RD RESPONDENT

Annexure A2 TRUE COPY OF ORDER NO. ST/25-1/99 DATED 29.3.2004 OF THE 3RD RESPONDENT

Annexure A3 TRUE COPY OF THE REPRESENTATION DATED 27.7.2013 OF THE APPLICANT

Annexure A4 TRUE COPY OF THE REPRESENTATION DATED 20.1.2016 OF THE APPLICANT

Annexure A5 TRUE COPY OF THE CONFIDENTIAL REPORT DATED 7.11.2007 TO 31.3.2008

Annexure A6 TRUE COPY OF THE CONFIDENTIAL REPORT DATED 01.4.2008 TO 28.9.2008

Annexure A7 TRUE COPY OF THE CONFIDENTIAL REPORT DATED 29.9.2008 TO 31.3.2009

Annexure A8 TRUE COPY OF THE CONFIDENTIAL REPORT DATED 1.4/2009 TO 31.3.2010

Annexure A9 TRUE COPY OF THE CONFIDENTIAL REPORT DATED 1.4.2010 TO 31.3.2011

Annexure A10 TRUE COPY OF THE CONFIDENTIAL REPORT DATED 1.4.2011 TO 31.12.2011

Annexure A11 TRUE COPY OF FILE NOTE SHEET NO. ST/101-6/M/RS/2010 DATED 25.8.2016

Annexure A12 TRUE COPY OF THE MEMORANDUM NO. 35034/3/2008-ESTT(D)(VOL.II) DATED 04.10.2012

Annexure R1 TRUE COPY OF THE DIRECTORATE ORDER NO. 17-4/88-PE.I/PE.II (PT.I)(2) DATED 29.06.1992

Annexure R2 TRUE COPY OF THE DIRECTORATE LETTER NO. 22-2/2000 PEI (PCC) DATED 11-05-2005

Annexure R3 TRUE COPY OF THE DOPT LETTER NO. 35034/1/97-ESTT.(D) DATED 09.08.1999

Annexure R4 TRUE COPY OF THE DIRECTORATE LETTER NO. 4-7/(MACPS)/2009-PCC DATED 01.09.2010

Annexure R5 TRUE COPY OF THE LETTER NO. ST/101-6/M/125/2010 DATED 24.07.2012

Annexure R6 TRUE COPY OF THE REPRESENTATION DATED 02.03.2013

8Annexure R7 TRUE COPY OF THE PMG CENTRAL REGION LETTER NO. ST/13-9/2013 DATED 03.04.2013

Exhibit P1 TRUE COPY OF ORDER DATED 17/3/2021 IN O.A. 854/2016 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL (ERNAKULAM BENCH)

Exhibit P2 TRUE COPY OF THE ORIGINAL APPLICATION 854/2016,  FILED BY THE PETITIONER ALONG WITH THE ANNEXURES

Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS

Exhibit P4 A TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER ALONG WITH ANNEXURES

Exhibit P5 A TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS

Exhibit P6 A TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE PETITIONER ALONG WITH ANNEXURES

Exhibit P7 A TRUE COPY OF THE SECOND ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS ALONG WITH ANNEXURES

Exhibit P8 A TRUE COPY OF THE SECOND ADDITIONAL REJOINDER FILED BY THE PETITIONER

Exhibit P9 A TRUE COPY OF THE THIRD ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS ALONG WITH ANNEXURES

Humbly submitted to the Hon’ble Chairman, 8th Central Pay Commission.

 ALL INDIA ASSOCIATION OF POSTAL DRIVERS AND ARTISANS,

MADURAI @ SALEM-636 005, TAMILNADU.


Email


To

The Chairman,

8th Central Pay Commission

Government of India

Respected Sir,

Sub: Submission of Memorandum on behalf of Mail Motor Service (MMS) Drivers & Artisans – Reg.

We respectfully submit herewith a detailed Memorandum highlighting the long-pending issues, structural anomalies, and justified demands of MMS Drivers and Artisans working under the Department of Posts.

It is submitted that the MMS cadre performs highly skilled, technical, and risk-prone duties comparable to those in Railway and Defence establishments. However, despite multiple Central Pay Commissions, parity in pay structure, promotional avenues, and allowances has not been extended to this cadre.

The enclosed Memorandum clearly brings out:

Non-implementation of DoP&T orders,

Denial of ACP/MACP benefits,

Abnormal delay in promotions,

Excessive working hours without proportionate compensation,

Absence of TA/DA or any running allowance despite long-distance duties.

We humbly request the Hon’ble Commission to consider the genuine hardships and extend justice by recommending appropriate pay revision, cadre restructuring, promotional improvements, and allowance benefits.

We shall be grateful for a favourable consideration.

Yours faithfully,

All India Association of Postal Drivers And Artisans,Madurai @ Salem-636 005, Tamilnadu.



Humbly submitted to the Hon’ble Chairman, 

8th Central Pay Commission,






MEMORANDUM


TO THE



8th CENTRAL PAY COMMISSION 2026.












By


Shri.S.SARAVANAN,  

GENERAL SECRETARY,

ALL INDIA ASSOCIATION OF POSTAL DRIVERS AND ARTISANS,

MAIL MOTOR SERVICE,

CHQ. Madurai @ Salem-636 005, Tamilnadu.

E mail id:- 




ALL INDIA ASSOCIATION OF POSTAL DRIVERS AND ARTISANS,

MADURAI @ SALEM-636 005, TAMILNADU.


MEMORANDUM TO THE 8th CENTRAL PAY COMMISSION.

(ON BEHALF OF MMS DRIVERS & ARTISANS – DEPARTMENT OF POSTS).

To

The Hon’ble Chairman, 

8th Central Pay Commission, 

New Delhi – 110 001.

Respected Sir,

Sub: Grant of Pay Parity (Level-4) and removal of long-standing pay anomaly in  

        respect of Mail Motor Service (MMS) Drivers and Artisans – reg.

On behalf of the Mail Motor Service (MMS) Drivers and Artisans working under the Department of Posts, this memorandum is submitted for kind consideration of the 8th Central Pay Commission.

Introduction

Mail Motor Service (MMS) under the Department of Posts plays a vital role in the transportation of mail, parcels, and cash across the country. It functions as a technical and operational unit involving both workshop (maintenance) and field (transport) activities.

Despite its technical nature comparable to Railway and Defence transport systems, the MMS cadre has not been accorded appropriate recognition in previous Central Pay Commissions.

Mail Motor Service (MMS) Organizational Structure. 

MMS is an operational unit under Department of Posts responsible for transportation of mails.

Key Functions:

Inter-city mail conveyance,  

Inter Circle Intra Circle mail conveyance,

RTN Schedules (Road Transport Network),

Logistics coordination,  

Time-bound dispatch.  

Nature of Work:

Long-distance driving (100–1000 km),  

Continuous duty beyond normal hours,  

Handling of valuable mail articles.  

This establishes MMS as an operational and field-intensive service.

Organizational Structure Issues

MMS operates under:

FACTORY ACT AND THE POSTS & TELEGRAPH TRANSPORT FRAMEWORK, 

Automobile Engineering control (Director MV), 

Integrated workshop and transport system. 

However:

MMS Drivers are equated with Staff Car Drivers, 

Technical identity is ignored. 

This has resulted in denial of parity with Railway and Defence personnel.

Background of the Cadre.

The Mail Motor Service is a vital operational wing of the Department of Posts engaged in transportation of mails across the country. The MMS functions under the provisions of the Factory Act and the Posts & Telegraph Transport framework. (Copy enclosed Annexure 1)

The nature of duties involves:

Round-the-clock operations

Handling of heavy and light motor vehicles

Transportation of valuable and sensitive mail articles

Time-bound and risk-prone operations across cities, highways, airports and railway stations.

NATURE OF DUTIES – HIGHLY ONEROUS & RISK-BASED. 

MMS Drivers:

Perform 24x7 operational duties without fixed working hours.

Drive heavy vehicles (HMV) unlike staff car drivers (LMV only).

Operate under tight schedules without adequate rest or breaks.

Handle mail exchange, loading/unloading and documentation work in many units.

Work in hazardous conditions, including night duty and long-distance schedules.

d. High accident risk.

e. Handling valuable consignments 

Thus, their duties are far more strenuous and risk-prone than many comparable cadres.

The Mail Motor Service unit is the backbone of the Postal Department consisting of 6 lakhs workers. It has about 1414 MMS vehicles (Including CNG Vans – 230) and 486 staff car/Inspection vehicles spread over 103 cities largely Metropolitan cities with larger unit include in-house repair workshop (under the provisions of the FACTORY ACT AND THE POSTS & TELEGRAPH TRANSPORT FRAMEWORK) to maintain the above vehicles, with a total of 2847 personnel including 771 workshop staff. 

Vehicles Position. As per DOP ANNUAL REPORT 2024-25. (Copy enclosed Annexure 2)

Total MMS Vehicles (Including CNG Vans – 230) = 1414

Total Inspection Vehicles = 428

Total Vehicles = 1842

Drivers Position. DOP Lr No.Y-17/2/2022-PE-II dated 26.06.2023. 

                              (Copy enclosed Annexure 3)

Revised Sanctioned Strength of Staff Car Drivers = 1630

Sanctioned Strengths of Dispatch Rider in MMS = 20  

Artisans Position. DOP Lr No.Q-25/33/2022-PE-IDOP dated 11.08.2022. 

                              (Copy enclosed Annexure 4)


Sanctioned Strengths of Artisans = 473

The Drivers, the main and most important aspects for the units. These Drivers performing ROUND THE CLOCK DUTIES with tight schedules of 8 to 16 hours more without any Lunch / Tea Break. These Drivers are plying Day & Night from post offices, Air Ports, Railway Stations and bus stands to the concerned sorting offices, RMS, TMOs and APTMO for dispatch/ receipt of mail bags in the interest of PUBLIC / NATION. But the treatment given to these Drivers is quite pathetic and not justified in terms of Pay and allowances and avenue of promotions. Sufficient promotional avenue have not been provided to the staff of MMS, as was done in respect of RMS and Postal Wings of the Department. The treatment meted out the driver cadre is extremely Hares, Discriminatory and raises issues pertaining to the constitutional governance in which all persons are equal. The constitution principal of “ EQUAL PAY FOR EQUAL WORK “ stemming from Article 14 & 16 of the constitution of India. 

The above assignments are being done by the MMS drivers but whose scale of pay is lesser when comparing with staff car drivers. The Government is stating that the staff car driver and MMS T/s driver are common categories. Though these cadres are said to be common categories, their pay scales are different. When the pay scales are different, how these cadres can be grouped as common category.

The All India Central Government Staff car Drivers Association had taken efforts and amended the pay scale vide DOPT. OM No 35034/3/97 Estt (D) dated 01.06.1998 with effect from 01.08.1993 and DOPT OM No. 43019/54/96- Estt (D) dt 15.02.2001 only Staff Car Drivers as Rs.3050-4590, Rs.4000-6000 and Rs.4500-7000 and Rs5000-8000 (for special grade).There are NO clear orders on the pay scale of the MMS Time Scale Drivers. The Staff Car Drivers driving Only Light Motor Vehicles attending less jobs at field horns get better pay on par with the Time Scale Drivers who had to perform hazardous nature of work. The differences are furnished below for information of all:.

Even though there are TWO different Recruitment Rules between the Staff Car Drivers who drives only LIGHT VEHICLES and required qualification is Light Motor Vehicle Driving License. But for the Mail Motor Service Drivers in the Dept.of Post appointed as Time Scale Drivers whose qualification should be in possession of HEAVY MOTOR VEHICLE DRIVING LICENSE WITH FIRST AID CERTIFICATE and Badge to Drive Light, Medium & Heavy Vehicles. The Govt. of India merged both the cadres as common category. The job contents of these two types of Drivers are quite different. The V CPC has miserably failed to take note of this discrimination in the nature of work performed. Perhaps the foremost issue is one of the consistent negation of the constitutional principle of EQUAL PAY FOR EQUAL WORK “stemming from Article 14 & 21of the constitution of India.

 

STAFF CAR DRIVERS.

They drive only Non Transport Vehicles.

There are very few percentage of Staff Car Drivers available in the Secretarial Service. As per the Recruitment Rules only Light Driving Licence is required to drive Only Light Vehicles. These secretarial services working day is 5 days in a week and 22 days in a month.

As per the staff car Rule no.25, The normal working of Staff Car drivers will be from 08.30 am to 18.06 pm with a lunch break from13.00 pm to 13.30 pm. 

As per the staff car Rule no. 4 ( II ) Prescribed in G.I.M.F.no.3 (5) E II (a) 9 dated 22.05.1979, the consumption of petrol reduced to ceiling of 600 ltrs. Per Qtr ( 200 lts per month and apex 7 ltrs per day. On reading the staff car Rules in various paras, the staff car cannot run not more than 40 to 50 Kms per day. To drive this mileage the Driver will have to be on the steering/Driver seat is hardly 3 hours per day, the staff car drivers performing approximately 3 hours per day, and sitting idle and waiting in the office for the remaining working hours of the day.

The staff car drivers though performing the driving duty not like other drivers and attending benefits vary widely like supply of Bicycle, provided with govt. telephone and accommodation etc. Even the other over time allowances they are benefited by waiting by waiting in the office without performing duty on Driver seat/steering.                                                                                     

The Staff Car Drivers driving only Light Vehicles, attending Less Jobs at field horns get better pay on par with Drivers of Mail Motor Service who had perform hazardous nature of work.

Staff Car Drivers performing appx. 3 hours duty per day and 66 hours in a month.

MAIL MOTOR SERVICE DRIVERS.

They drive Transport heavy/light goods carrier.

As per the Recruitment Rules the Time Scale Driver of Mail Motor Service are to be in possession of heavy Driving Licence with experience of 5 years to drive heavy, Medium and Light Vehicles. The working day is 6 days in a week and 26 days in a month.

The Drivers of Mail Motor Service performing duties round the clock, the duty begins and terminates at odd hours without provision of departmental pick up from the residence in the late night, because some schedules starts at 0100 hrs and terminate at 0300 hrs. These drivers will have to maintain tight schedules as per the time frame without any lunch break any kind of break with tight schedule of 0700 hours to 0730 hrs on the driver seat/steering.

The nature of duty is arduous and entirely different from Staff Car Drivers and there is NO restriction of the daily running mileage for these drivers. 

Madurai MMS Schedule No.306. 07.15 to 15.15 (Next day evening closed) Madurai to Katpadi RMS- Making a single driver operate for more than 15–20 hours continuously without proper rest halt, covering 1000+ km in a single duty, endangers the safety of the driver, the departmental vehicle, valuable mail bags and also the general public on road.

The Mail Motor Service is the only Wing of Govt. of India conveying public mails and thus rendering Public Service. The drivers cannot keep any work pending to the next day like other cadres. They will have to complete the prescribed entrusted to them for the interest or Public/Nation.

The Drivers of Mail Motor Service are more responsible as they had to carry Costly and Valuable Articles from Post Offices through crowded, most wracking and strenuous streets to Air Ports, Railway Stations & Bus Stands,. Hence their duty involves not more ONOUROUS, but also Risky and Dangerous one. Mail peons are attached to many Mail Vans in Metropolitan cities for loading / unloading of mail bags. But Mail Peons are not attached in smaller units. Consequently the drivers are made to attend the mail exchange work in addition to driving work, but the drivers are not given extra remuneration or any compensation’s. This is additional burden and the drives have to keep in memory the details of bags in each stage. It causes great mental strain and lapse of concentration without any financial benefit.

The Drivers of Mail Motor Service perform 0730 hours per day and 195 hours in a month.           

Everyone thinks in what way the Pay Scale of Staff Car Drivers driving Only Light Vehicles attending less jobs at field horns whose working hours (running hours) is 66 hours in a month and the pay scale of Time Scale Drivers of MMS whose working hours (running hours) is 195 hours in month is equal.

At the outset, the pay scale of Drivers were fixed on par with Lok Shaba Parliament Drivers from 1st CPC to IVrd CPCs. In 5th CPC there was a difference of Rs.950/- in the pay scale between Lok Shaba Parlimentary Drivers and up to IV CPC, we were termed as Group “C” cadre in the Department of Posts. . But, after that, the variation of pay between the cadres of Drivers and Lok Shaba Parliamentary Drivers has been increased to Rs 950/- though the MMS drivers are performing risky job of exchanging all kinds of mails in addition to driving. The common category employees in the Postal Department like Draftsman, Ferro Printer, EDP staff, etc. who were getting the Driver’s pay scale of Rs.950-20-1500 in the Fourth CPC were upgraded and raised their pay scales to Rs.4000-100-6000, GP Rs 2400 and Levl 4 in the Fifth, sixth and Seventh CPCs respectively. While the pay of all the common categories has been increased, the pay of the Postal Drivers alone has been neglected. 

But on the contrary to the above, our pay scale has been fixed in 6th CPC as Rs.3050-4590 in PB-1 with grade pay Rs.1900/- that too without any increase in pay-scale fixed in V CPC. The under mentioned table will give a clear picture of the pay disparity between the MMS Drivers/Artisans and other drivers in Lok sabah parliamentary and mechanics in Doordharshan mechanics (Artisans) from the first to Seventh pay commissions. 

HISTORICAL PAY ANOMALY DRIVERS AND ARTISANS (Root Cause)

A serious anomaly arose from the 5th Central Pay Commission onwards, due to:

Non-grant of revised pay scale of Rs.4000–6000, which was granted to similarly placed common categories,

Denial of ACP benefits, citing promotional hierarchy,

Misinterpretation of cadre structure due to certain court cases relating to Staff Car Drivers and Artisans.

This has resulted in:

Continuous financial loss for more than 30 years

Stagnation in career progression

Discrimination vis-à-vis similarly placed cadres

JUDICIAL SUPPORT IGNORED.

The Hon’ble High Court of Madras has already:

Recognized the anomaly

Directed consideration of parity with Postal Assistants / equivalent cadres

The Dept. of posts has reported that the pay has been sanctioned to the drivers and artisans of Postal Department as per the recommendation of the VI CPC. As there were anomalies in the pay structure of Drivers/Artisans in V CPC, case was filed vide W.P.No.21367/2004 field in High Court of Madras to remove the same.

The Hon’ble High Court of Madras direction in the W.P. No. 21367/2004 dt: 10.09.2009 which reads as under. (Copy enclosed Annexure 5) 

 “In this case admittedly the scale of pay of Postal Assts., and drivers were the same till the fourth pay commission and thereafter parity in pay had arisen. This shows that the decision of the govt. in fixing the pay scales of postal assistants and drivers are patently irrational, unjust and prejudicial to a section of employees. Therefore, we consider it appropriate to set aside the order under challenge and dispose of the writ petition with a direction to the respondents to refer the matter to the anomaly committee for its consideration and passing appropriate orders within a period of three months from the date of receipt of a copy of this order and if necessary to afford an opportunity of hearing to the petitioners”.                                         

But the discussions were made and the minutes were recorded using the definition of anomaly with reference to 6th CPC. In this connection, I am to point out that the judgment in the aforesaid W.P. is pertaining only to the Fifth CPC and regret to state that the Department Anomaly and National Anomaly committee did not peruse the judgment properly. 

The Hon’ble High Court Madurai Bench of Madras High Court in WP (MD) Nos 11283,11284 , 11410, 12180, 12202, 12215, 12222,11287 and 11258 of 2012 directed the Govt. of Tamil Nadu to fix in the basic pay of Rs 4000-6000 (in 5th CPC) to the Drivers, The Supreme Court of India in SLP in No. CC14715/2012 also directed to grant Rs 4000-6000 to the drivers in Tamil Nadu. We want the same to be implemented to us also. (Copy enclosed Annexure 6)

The Hon’ble Delhi High Court in Zile Ram vs Registrar, Delhi High Court And ... on 8 April, 1991 directed the Registrar, Delhi High Court to fix in the basic pay of Rs 1350-2200 (in 4th CPC) to the Drivers, We want the same to be implemented to us also. (Copy enclosed Annexure 7)   

GRANT OF PAY PARITY (LEVEL 4) TO POSTAL MMS STAFF CAR DRIVERS.

The Union submits that the Postal MMS Staff Car Drivers are subjected to a long-standing pay anomaly since the IV Central Pay Commission.

Despite having identical recruitment qualifications, duties and responsibilities as that of Staff Car Drivers in Secretariat offices such as Lok Sabha and Rajya Sabha Secretariat, the Postal MMS Drivers are placed in Level 2 (Rs.19900–63200), whereas Secretariat Drivers are placed in Level 4 (Rs.25500–81100).

This disparity is in violation of the well-established principle of “Equal Pay for Equal Work” upheld in service jurisprudence.

Further, the anomaly originated due to improper fixation during IV CPC, where lower scales were adopted instead of higher merged scales, resulting in continuous financial loss through successive Pay Commissions.

The Staff Car Driver mode of recruitment rules Department of Posts and Rajya Sabha Secretariat. (Copy enclosed Annexure 8 & 9)

Ministry of Communications and Information Technology (Department of Posts) Notification, New Delhi, the 12th October, 2015 ,G.S.R 773 (E)…Postal MMS Staff Car Driver Recruitment Rules.

Rajya Sabha Secretariat, Parliament House Annexe, New Delhi dated the 27.09.2016 Recruitment and Conditions of Service Order (No.7/2016) LokSabha and Parliament Staff Car Drivers Recruitment Rules.

Ordinary Grade Scale PB-1 Rs.5200-20200 plus GP of Rs.1900(Level 2 Rs.19900-63200)

Ordinary Grade Scale Level 4 Rs.25500-81100

Education and other qualifications required for direct recruits

Method of Recruitment & Qualifications for Appointment

(i) Possession of a valid driving licence for light and heavy motor vehicles;

(ii) knowledge of Motor mechanism (The candidate should be able to remove minor defects in vehicle);

(iii) experience of driving light and *heavy

motor vehicle for at least three years; and

(iv) pass in 10th Standard from a rocognised Board or Institute.

(*Commercial- LMV to Badge to HMV Driving Licence)

For Direct Recruitment

(i)Matriculation or equivalent qualification: and

(ii) A valid Commercial LMV/HMV licence issued by a Competent Authority in India.

The nature of duties of Postal MMS Drivers involves higher responsibility, including transportation of sensitive mail articles, valuables, and round-the-clock operational duties.

However:

The Department has not implemented the spirit of the judgment,

The anomaly continues even after multiple CPCs.

This constitutes non-compliance of judicial direction and denial of legitimate rights.

Therefore, the Union strongly demands that:

Postal MMS Staff Car Drivers be granted Pay Parity in Level 4 (Rs.25500–81100) on par with Secretariat Staff Car Drivers in the 8th Central Pay Commission.

DISCRIMINATION WITH SIMILARLY PLACED CADRES.

It is submitted that:

Other common categories (e.g., technical and operational staff) were upgraded to 

Level-4

Staff Car Drivers in Secretariat are placed in Level-4

MMS Drivers, despite performing more strenuous and hazardous duties, are placed in Level-2


This is a clear violation of the principle of “Equal Pay for Equal Work”

The following common categories except Drivers and Artisans in the POSTAL DEPARTMENT who were in the scale of Rs. 950-1500 (IV CPC) were fixed in the Revised ay Scale of Rs.4000-6000 in the V CPC Rs 2400 GP in the VI CPCs and Pay Level 4 in the VII CPC.  

REVISED PAY SCALE FOR Vth CPC.

Sl.No.

CATEGORY

3rd CPC

4th CPC

5thREVISED CPC

Paragraph no

6th & 7th CPC 

GP & Level

1 Driver@Artisans.Postal

260-400

950-1500

3050-4590

55.56

1900 Level 2  


2 Stock man

260-400

950-1500

4000-6000

55.296

2400 Level 4


3 Compounder

260-400

950-1500

4000-6000

56.75

2400 Level 4


4 Stock Asst.

260-400

950-1500

4000-6000

56.75

2400 Level 4


5 Animal Husbandry Asst.

260-400

950-1500

4000-6000

56.75

2400 Level 4


6 Dresser ( Vet.Staff)

260-400

950-1500

4000-6000

56.75

2400 Level 4


7 Photographer

260-400

950-1500

4000-6000

55.189

2400 Level 4


8 Binder ( Grade II)

260-400

950-1500

4000-6000

55.217

2400 Level 4


9 Ammunition Mechanic

260-400

950-1500

4000-6000

63.317

2400 Level 4


10 Sukhani Supervisory

260-400

950-1500

4000-6000

55.184

2400 Level 4


11 Compositor (Gr.I)

260-400

950-1500

4000-6000

63.91

2400 Level 4


12 Photographer ( Gr.III)

260-400

950-1500

4000-6000

64.43

2400 Level 4


13 Stock Man

260-400

950-1500

4000-6000

56.75

2400 Level 4


14 Cinema Projectionist(GIII)

260-400

950-1500

4000-6000

55.23O

2400 Level 4


15 Engraver

260-400

950-1500

4000-6000

66.2O

2400 Level 4


16 Sr. Machine Asst.

260-400

950-1500

4000-6000

55.221

2400 Level 4


17 Computer EDP staff

260-400

950-1500

4000-6000

55.115

2400 Level 4


18 Repairer

260-400

950-1500

4000-6000

71.54

2400 Level 4


19 Photographer

260-400

950-1500

4000-6000

73.54

2400 Level 4


20 Asst. Editor

260-400

950-1500

4000-6000

73.54

2400 Level 4


21 Field Asst.

260-400

950-1500

4000-6000

87.57

2400 Level 4


22 Jr.Wireless Mechanic

260-400

950-1500

4000-6000

90.11

2400 Level 4


23 Forester

260-400

950-1500

4000-6000

104.1O

2400 Level 4


24 Plant operator/

Mechanic

260-400

950-1500

4000-6000

104.22

2400 Level 4


25 Lineman/Meter rider

260-400

950-1500

4000-6000

104.29

2400 Level 4

26 Drafts Man (Gr.III)

260-400

950-1500

4000-6000

104.33

 Level 4

ADDITIONAL JUSTIFICATION (Factory Act & Comparable Services).

MMS units function under the Factory Act, similar to:

Railway workshops

Defence establishments

In such organisations:

Additional benefits / special pay / allowances are granted

Risk and operational intensity are recognized monetarily

However, MMS staff have been denied such benefits.

GRANT EQUAL PAY TO THE SKILLED ARTISANS ON PAR WITH THE SKILLED ARTISANS OF DOORDARSHAN.-

In the Department of Doordarshan, the skilled artisans are being paid scale of pay Level 4. Whereas the very same skilled artisans of our Department are paid scale of pay Level 2, though the nature of work and the mode of recruitment are same. The posts are said to be identical and are common category posts. But the basic pay is different. It is requested to redress this anomaly and grant equal pay to the skilled artisans of our department on par with the skilled artisans of the Doordarshan. During the implementation of IV CPC recommendations, the pay of the said technical posts of Doordarshan and Defence Departments have been pre revised as Rs.1200-30-1440-1440-EB-1800 and later fixed as 4000-100-6000 , 2400GP, PB-1 and Level 4 during the implementation of V, VI and VII CPC. (Copy enclosed Annexure 10) 

Demands.

Cadre Restructuring 

Entry Level: Level 4 

Career progression up to Level 7/8.


MAIN DEMAND.

In view of the above, it is strongly requested that:

MMS Drivers and Artisans be granted Pay Level-4 (Rs.25500–81100)

on par with similarly placed cadres such as Postal Assistants / Secretariat Staff Car Drivers.

ALTERNATIVE DEMAND (Without Prejudice)

In case full parity is not granted:

A Special Pay / Risk Allowance (minimum 40%) may be granted

on par with Railway operational staff, considering:

Hazardous duties

Round-the-clock operations

Heavy vehicle handling


Conclusion.

The present anomaly is:

Long-standing (over 30 years)

Judicially recognized

Administratively unresolved

It is therefore prayed that the 8th Central Pay Commission may kindly:

Remove the anomaly permanently

Ensure parity and justice

Restore dignity and fairness to the MMS cadre.

Yours faithfully,

All India Association of Postal Drivers And Artisans, Madurai @ Salem-636 005, Tamilnadu.


MEMORANDUM TO THE 8th CENTRAL PAY COMMISSION

(ON BEHALF OF MMS DRIVERS AND ARTISANS– DEPARTMENT OF POSTS)

PART – A : CORE ISSUES AND DEMANDS

INTRODUCTION.

It is respectfully submitted that the cadre of Mail Motor Service (MMS) Drivers in the Department of Posts has been subjected to long-standing anomalies in pay structure, promotion, and allowances.

Despite repeated representations over the past three decades, these issues have neither been adequately addressed nor placed before previous Central Pay Commissions through proper institutional mechanisms.

This memorandum is therefore being submitted to place the genuine grievances of MMS Drivers before the Hon’ble 8th Central Pay Commission for appropriate consideration.

MAJOR ISSUES.

 OVERTIME ALLOWANCE (OTA) – JUDICIALLY RECOGNIZED BUT NOT    

  IMPLEMENTED PROPERLY.

The present rate of Working day OTA (Rs 15.85 per hour) and the holiday OTA (Rs 21.10 per hour) have been fixed by the IV CPC and our employees are still getting these rates of OTA only. But we are getting the pay as per the recommendations of VIII CPC. It is pitiable to note that only in the Department of Posts, the employees are getting old rate of OTA for the past thirty years. But the rate of OTA has been revised to the employees in the Departments like Railways and Defence etc., during the implementation of V & VI CPC recommendations itself. Our drivers are driving transport vehicles. So we automatically come under transport workers Act 1961 and Factory Act and Posts & Telegraph Transport Service framework. This union requests to revise the OTA rates as done in Railways and Defence Departments according to the Factory Act and Posts & Telegraph Transport Service framework.

The nature of duties of MMS Drivers involves prolonged working hours, continuous driving, and round-the-clock operations without adequate rest.

The Hon’ble High Court of Madras (Madurai Bench) in W.P.(MD) No. 4896/2014 (Judgment dated 11.04.2017), and subsequent dismissal of SLP (Civil) No. 2507/2018 by the Hon’ble Supreme Court, have clearly recognized the entitlement of Drivers to proper overtime compensation.

The Hon’ble High Court of Madras (Madurai Bench) in W.P.(MD) No. 4896/2014 (Judgment dated 11.04.2017) which reads as under: (Copy enclosed Annexure 11) 

“5. For the above reasons, we inclined to interfere with the order passed by the Tribunal and the writ petition is allowed, the impugned order is set aside and the petitioner’s request for which, the second respondent is directed to put up all the relevant papers, within period of 8 weeks from the date of a copy of this order .

Supreme Court SLP dismissal (23.02.2018). (Copy enclosed Annexure 12)

However, despite these judicial pronouncements:

OTA rates continue to be based on IV CPC rates

Actual working hours are not compensated fully

Drivers are compelled to work beyond prescribed hours without proportionate remuneration

This amounts to partial and improper implementation of judicial directions.

Demand:

OTA rates should be revised on a realistic basis linked to actual duty hours

A uniform, fair and legally compliant OTA system should be implemented

OTA should be indexed with pay levels and revised periodically

UPGRADATION OF GRADE PAY FOR MMS DRIVERS (SPECIAL GRADE) FROM Rs.4200 GP To Rs.4600 GP in PB-II.

As per the Department of Personnel & Training (DoP&T) order F. No. 43019/54/96-Estt. (D) dated 15.02.2001, the Mail Motor Service (MMS) Drivers were granted Special Grade Promotion effective from 08.11.1996, with a pay scale of Rs. 5000-8000 under the 5th Central Pay Commission (CPC).

Subsequently, the 6th CPC, under Para 3.8.10, recommended merging the pay scales of Rs. 5000-8000, Rs. 5500-9000, and Rs. 6500-10500 into a unified scale of Rs. 6500-10500, effective from 01.01.2006. This merged scale corresponds to a Grade Pay of Rs. 4600 in Pay Band-2 (PB-2).

The Ministry of Finance, Department of Expenditure, through order No. U.O. No. 6(6)/E.III-B-2010 dated 22.06.2010, implemented this recommendation. However, MMS Drivers continue to receive a Grade Pay of Rs. 4200 in PB-2, contrary to the 6th CPC recommendations and the aforementioned order. (Copy enclosed Annexure 13)

Further, the 6th CPC recommended merger of pay scales leading to Grade Pay of Rs. 4600 in PB-2.

However, MMS Drivers continue to be placed in Rs. 5000-8000 and Grade Pay Rs. 4200, contrary to:

6th CPC recommendations,

Ministry of Finance orders.

Demand:

Grade Pay of MMS Drivers (Special Grade) should be upgraded to Rs. 4600 (Level-7 equivalent in 7th CPC matrix)


 GRANT OF HIGHER PAY FOR DUAL DUTIES.

“In other cities, Group D performs the duties of exchange of mails wherever considered necessary in view of volume of mails else the duties concerning exchange of mails are performed by the Drivers in combination of their duties as drivers”.

In non-metropolitan areas, MMS Drivers are performing dual duties:

Driving

Mail exchange work (equivalent to Mail Guard duties)

The MMS Driver state that though the physical handling of the bags loading and off loading taking place at the Post Office and RMS Office, apart from the intrinsic value of Postal article like insured parcels extra. the main and for most safety and security of actual monetary value of postage stamps and currencies is main concerned involving risk and special accountability and responsibility on the shoulder of the MMS Driver. The higher scale are any other compensation demanded is for this specialty of unit value of currencies and postage stamps during the time of transit on the road.

A copy of Ministry of Communications & Information Technology, Department of Posts, (Pay Commission Cell) No.2-12/2009-PCC, New Delhi-110001 dated 03rd April 2010. Para 7, (Copy enclosed Annexure 14)

“As a matter of fact in Department of Posts, Mail Motor Service is working in over 90 cities. In Metropolitan and Large cities, Senior Group D officials designated as Head Mail Peon (if attached to MMS from Postal side) or Mail Guard in Group D (if attached to MMS from RMS side) having pay scale of 210-270 at the time of 3rd CPC (equal to Postman/Mail Guard in Group C at that time and also equal to jamadars (promotion post of Group D) having no interchangeability with Postman/Mail Guard in Group C perform the role of Mail Peon i.e. role of exchange of mails. In other cities, Group D performs the duties of exchange of mails wherever considered necessary in view of volume of mails else the duties concerning exchange of mails are performed by the Drivers in combination of their duties as drivers. Mail Motor Service has the large fleet of vehicles (Heavy/Light/Three Wheelers) and the duties of the drivers are interchangeable. Role and responsibilities of the Group D are in the nature of general assistance wherever required including carrying of mails when entrusted and these are defined in Rule 151 of the Postal Manual Volume VI Part III. Duties of the Postman are defined in Rule 106 to 132 of the Postal Manual Volume VI Part III and these duties primarily include collection of postal articles of various categories and cash arranging the articles as per defined beat movement, sale of stamps and stationery delivering the articles as per laid down process including payment money order as per door to door system, rendering of accounts on return of the undelivered articles and undisbursed cash. Role and Responsibility of the Mail Guard are defined in Rule 105 of Postal Manual Volume VII and these duties include work connected with the receipt, custody, sorting and dispatch of articles posted in the van or office and of closed mails are made over to him by a section, office or carrier and continues until the bags are delivered or dispatched to the destination. A Mail Guard has nothing to do with closed mails made over to him for disposal but transit bags addressed to the section or office are opened and the bags contained in them are disposed of by him.”.

This additional responsibility includes handling valuable mail bags without escort and without any extra remuneration.

Demand:

Additional allowance or higher pay scale for dual duties

Parity with Mail Guards for mail handling responsibilities

 ARBITRARY PROMOTION RATIO AND STAGNATION.

The existing promotion ratio is outdated and has not been revised in line with other Departments such as Railways and Defence.

As a result:

MMS Drivers face severe stagnation

Many officials are unable to reach Grade II and Grade I even after long service.

In 1991 and 1996 the Central Govt. Staff Car Drivers Association, New Delhi has filed OA under No. 2957/1991 & 2529/1996 in which judgment has been issued which is enclosed for ready reference. In the judgment issued under OA 2529/1996, a direction has been issued by the Honourable CAT, Principal Bench, New Delhi as follows. 

“to grant the applicants the Pay Scale of Rs.1400-2300 for the Master Craftsman/Head Staff Car Driver, presently existing in the Railways, from the date of filing of the OA and to grant arrears and to allow Consequential benefits.” 

Accordingly, the Dept. of Personnel & Training, New Delhi has issued orders on 15-2-2001 fixing ratio as detailed below. (Copy enclosed Annexure 15)


No.

Grade

Pay scales

Percentage

Present Grade Pay

1

Entry Grade

Rs.3050-4590

30

1900


2

Grade II

Rs.4000-6000

30

2400

3

Grade I

Rs.4500-7000

35

2800

4

Special Grade

Rs.5000-8000

5

4200

In Railway Department the common category Staff of Artisans(Technicians) and Staff Car Drivers have been treated at same cadre and their promotions are being issued as per the orders contained in DOP&T letter cited above by fixing appropriate ratio as detailed below.(Railway Board’s letter No. PC-III/2003/CRC/6 dated 9.10.2003 and Railway Board’s letter No. PC-III/2013/CRC/4 dated 08.10.2013. 


No.

Grade

Pay as

Per 4th CPC

Ratio

Pay in

5th CPC

Ratio

5th CPC

Gr.Pay in 6th CPC

Ratio 01/11/2013 

6th CPC

Ratio

30/09/16


1

Drivers/

Skilled Mech.

950-1500

45%

3050-4590

45%

1900 

20%

15%


2. 

Drivers Gr.II/

Skilled Mech.

Grade II

1200-1800

55%

4000-6000

20.5%

2400

20%

08%


3

Drivers Gr.I/

Skilled Mech

Grade I

1320-3040

25%

4500-7000

20.5%

2800

44%

51%


4

Head

 Staff

Car Driver/

Master

Crafts Man

1400-2300

NIL 

0%

5000-8000

14%

4200

16%

26%

In all Central Pay Commissions (i.e. 4th, 5th & 6th ) it was recommended to grant uniform scale to Drivers Artisans of all Departments. But in Department of Posts the drivers and artisans have not been issued promotion with a revised ratio. 

Hence I humbly request the benign DO P&T to kindly issue necessary orders to grant promotion under Grade II, Grade I and Special grade by suitably modifying the ratio as per the orders contained in the DO P&T cited under reference.

In 1996 the Central Govt. Staff Car Drivers Association, New Delhi has filed OAs under No. 2529/1996 and on the basis of that judgment pronounced on 05.05.2000 “para. 13 &14” which is extracted below: ".,

13. The next point that arises for consideration is whether the applicants are entitled for the scale of Rs.l400~2300 as was given to the Master Craftsman/Head Staff Car Driver in the Railways. Since the Tribunal in the earlier case has given a clear finding that the applicants were also entitled for this grade, as per the same graded structure as was available in the Railways and as the Tribunal has also given a finding that there was no difference between the Staff Car Drivers in the Railways and the work done by the Staff Car Drivers in other Ministries and that there was also no difference in the recruitment rules and the persons holding both the points are identical, could not be differentiated in the matter of pay scales merely because they belong to different departments, we are of the view that on the basis of the above ratio of the Tribunal, the applicants'' claim has to be allowed. We are not unaware of decision of the Supreme Court in Union of India Vs. P,V. Harlharan. 1997 SCC (L&S) 838 where in the Supreme Court held that "Unless, a clear cut case hostile discrimination is made out, there should be no judicial interference with pay scales fixed by the Government on the recommendation of Pay Commission." Now, there is a hostile discrimination between the same set of employees under the same Government, it can be corrected by the Tribunals in the exercise of the judicial review. In the present case as the Tribunal has found in OA No-2957/91 dated 4.1.1993 that there was a hostile discrimination, and on that basis the Tribunal has come to the conclusion that the applicants were also entitled for the same graded structure of pay scales as is allowed in the Railways, the OA should succeed.

14. The respondents are directed to grant the applicants the pay scale of Rs_1400-2300 for the Master Craftsman/Head Staff Car Driver, presently existing in the Railways, from the date of filing of the OA and to grant arrears and to allow consequential benefits. The respondents shall implement the order within a period of three months from the date of receipt of a copy of this order. The OA is accordingly allowed. No costs.

In 1991 and 1996 the Central Govt. Staff Car Drivers Association, New Delhi has filed OAs under No. 2957/1991 & 2529/1996 and on the basis of that judgment pronounced, the Ratio is being revised to the Drivers of Ministry of Defense and Railways after every Central Pay Commissions; As such the DO P&T should have revised ratio in Staff Car Promotion Scheme to all the Central Government Departments also. But, Non-modification of ratio in Staff Car Promotion Scheme by the Central Government is against the spirit of the judgment. Due to this, for the last three decades, we, the Postal MMS Driver/Artisans are suffered a lot both mentally and financially.

It is therefore requested to extend the Ratio Revision to the Postal MMS Drivers/Artisans too as that of the revision of ratio made to the Cadre of Artisans on certain dates in the Ministry of Railways on the basis of the Judgment pronounced in OA Nos. 2957/1991 & 2529/1996 of the Honourable CAT, New Delhi.

Demand:

Revision of promotion ratio on par with similarly placed cadres

Time-bound promotion system


 ARBITRARY DELAY IN PROMOTION – SUPPORTED BY            

 DEPARTMENTAL RECORDS. 

DoP&T guidelines are not implemented properly, 

ACP/MACP benefits are denied or wrongly fixed ,

Promotions are delayed by 20–30 years. 

It is pitiable to note that in Tamilnadu Circle, as on 08.11.1996 many vacancies in Grade II, Grade I and Special grade were kept unfilled despite availability of eligible candidates.

Vacancy & Promotion position statement as on 08.11.1996.

Driver Cadre

No. of Sanctioned Strength

No. of Eligible officials for getting promotion *1

No. of Posts filled up by the Department

No. of vacant posts kept unfilled


Grade II

71

57

30

41


Grade I

84

37

7

77 (As 0n 01.08.1999) *2

*1. The official who have completed the eligible service i.e 9 years and 15 years of service.

*2. Copy of Tamilnadu Circle Office Note dated October 2002 (Promotion delay evidence (Office Note Tamilnadu Circle Office dated 21.10.2002 enclosed) 

It is submitted that the delay in granting promotions to MMS Drivers is not merely procedural but is clearly attributable to administrative lapses, as evidenced by official records.

The Office Note issued by the Tamilnadu Circle (dated 21 October 2002) clearly reveals that: (Copy enclosed Annexure 16) 

The Hon’ble CAT, Chennai Bench OA No.467 of 2025 (Judgment dated 03.06.2025) which reads as under: (Copy enclosed Annexure 17) 

“In view of the limited relief sought and to meet the ends of justice, it would be appropriate to direct the Competent Authority among the respondents to consider the representation, dated 01.07.2024 (A -6) and pass an appropriate speaking and well-reasoned order within a period of 3 months from the date of receipt of this order. It is also made clear that this Tribunal is not entering into the merits of the case at this stage”.

Vacancies in Grade II and Grade I existed but were not filled in time.

Eligible officials were available but were not considered promptly.

Promotions were deferred due to improper maintenance of Circle Gradation List (CGL).

Even when retrospective effect was considered, actual promotions were delayed.

This establishes that the delay in promotion is systemic and arbitrary, and not due to lack of eligibility or vacancies.

As a result:

Many officials have been deprived of timely promotions even after completing more than 20–30 years of service.

Financial and career progression losses have occurred.

ACP/MACP benefits have also been adversely affected.

Therefore, it is requested that:

The entire issue of delayed promotions may be reviewed at a national level.

Suitable corrective measures may be introduced in the 8th CPC.

Notional benefits and financial compensation may be granted to affected employees.

“supported by documentary evidence (Annexure …)”

RETROSPECTIVE PROMOTION.

Due to administrative delays and improper implementation of rules, promotions have not been granted from due dates.

Demand:

Retrospective promotion with all consequential benefits.


 IMPLEMENTATION OF ACP SCHEME

ACP Scheme guarantees financial upgradation where promotion is not granted.(09.08.1999 to 31.08.2008)

Vth CPC Para 55.56 Our recommendation. 

 55.56. “ The introduction of the three-tier structure for the Staff Car Drivers is certainly a welcome step Given, however, the inherent limitation of the present promotion scheme, it may not be quit appropriate to restrict the number of posts in the higher two scales of pay on the basis of certain pre determined percentages. Promotion of all drivers should instead be on a time-bound basis not linked to the actual availability vacancies. This objective should be achieved by the introduction of the Assured Career Progression Scheme. Based on our recommendations on rationalization of scales of pay, the three replacement pay scales will correspond to the existing scales of pay of Rs.950-1500 (Ordinary Grade), Rs. 1320-2040 (Grade II) and Rs. 1400-2300 (Grade I), the benefits of which will accrue to individual drivers completing the period of residency separately recommended by us in the chapter on “Promotion Policy”. Certain categories of drivers already having been appointed in a scale of pay higher than the initial entry scale of Rs. 950-1500, and having the opportunity of promotion to Rs. 1400-2300, an additional scale corresponding to Rs.1600-2660 may also be separately introduced for them to provide the financial benefits of a second promotion under the Assured Career Progression Scheme”.    

ii. It is a fact that though orders of DO P&T in regard with Staff Car Driver Scheme is literally in force, we, the Drivers are being deprived of it in due time with dismay because of non-granting of promotions from the date of creation of vacant posts as per lean. ACP recommendations ensured that for those who have not got First Promotion though they rendered 12 years of service to get ACP I and for those who have not got Second Promotion though they rendered 24 years of service to get ACP II. But in Tamil Nadu Circle, the first promotion of Grade II is being awarded for those who have rendered about 20 to 24 years of service during 2008 deprived of promotions between 1999 to 2008 leads total destabilizing the hopes of the Drivers.

iii. While Grade I, Grade II Promotions and ACP are in force for all common cadres working under the Central Government including Stenographer, denial of ACP to the Drivers is gross neglect and unjustified. As per orders contained in DOP&T order No.22034/2/95-Estt (D), New Delhi- 110001 dt 07/09/2000 furnished below Staff Car Driver Scheme and ACP eligible to the Drivers too. (Copy enclosed Annexure 18) 

Para 3. "These orders have been issued in compliance of orders of Honourable CAT Principle Bench which had, inter-alia, directed the Government to devise promotional scheme for staff car drivers with graded structure similar to one provided by the Ministry of Railway. Also, the Government has notified Assured Career Progression Scheme vide O.M.No.35034/1/97-Estt(D) dated 09th August,1999. The scheme guarantees minimum two financial up-gradations in a career to a civilian Central Government employees on completion of 12/24 years of regular service if 1st/ 2nd vacancy based regular promotion has not been offered within the said period. This scheme is applicable in respect of staff car drivers also subject to the terms and conditions prescribed therein”.

iv. Further to reiterate this order, Department of Posts, PC Cell lr. No.1-6/2002/PCC dated 07.02.2002 also confirmed ACP to MMS Drivers / Artisans. (Copy enclosed Annexure 19) 

“For the Drivers DOP&T had also recently implemented a scheme for providing better promotional avenues as an alternative to ACP, and this has been extended to the Drivers in this Department also”.  

v. It is therefore kindly requested to cancel S.No.59 of DOP&T OM F.No.35034/1/97-Estt(D) (Vol. IV), New Delhi 110001 dated 18/07/2001 to set right the injustice meted out by the Drivers. While successive Central Pay Commissions of 3rd, 4th, 5th and 6th reiterated that Artisan and Driver cadres are one and the same cadre and awarded with ACP to the recipients of Grade II, I Promotions, such opportunity also to be extended to the MMS Drivers and for those Promotion under Staff Car Driver Scheme of Grade II & Grade I was not awarded between 09-08-1999 to 31-08-2008 without any restriction whether they are retired or continuing in service to enable the financially deprived class of MMS Drivers to lead a respectful life.

However:

Benefits were withdrawn or denied citing promotion availability,

ACP is wrongly treated as a substitute for promotion.

Demand:

Restoration of ACP benefits to all eligible drivers (From 09.08.1999 to 31.08.2008)

Clear distinction between promotion and financial upgradation.

 INTRODUCE RUNNING ALLOWANCE / KILOMETER ALLOWANCE PROVIDE SPECIAL DUTY ALLOWANCE.

 Working Conditions

As per earlier departmental guidelines:

Department of Posts DO. Lr. No.1-3/2003-MV dated 21/01/2003. (Copy enclosed   

Annexure 20)

Intra-city duty: 70 km/day 

Inter-city duty: 120 km/day 

Present reality:

300 km to 1000 km per duty 

Continuous driving without adequate rest 

Multi-day schedules 

However:

No TA/DA 

No proper OTA 

No compensatory benefits 

 ALLOWANCE ISSUES.

MMS Drivers undertake long-distance and outstation duties but are not treated as being on “tour”.

MMS Drivers are required to perform long-distance and continuous driving duties similar to operational staff in Railways. (Copy of Railway Boards lr. No.E(P&A)/II-2013/RS-14 dated 28.05.2019. Copy enclosed Annexure - 21 )

While Railway staff are compensated through a structured system of Running Allowance in lieu of TA/DA, no such compensatory mechanism exists for MMS Drivers.

It is therefore requested that an appropriate compensatory allowance, on similar lines, may be introduced for MMS Drivers.

Real example 

Tamilnadu Madurai MMS Schedule No.306. 

  07.15 to 15.15 (Next day evening closed) Madurai to Katpadi RMS- 

“For instance, a driver operating from Madurai to Vellore (Katpadi) covers nearly   

  1000 km in a single duty spanning more than 32+3.20=35.20 hours…” (O/o the  

  Chief PMG, Chennai Lr.No.ML/108-142/RTN NETWORK/2024 dated 14.02.2025  

  Schedule Copy enclosed Annexure - 22)

Demand:

Grant TA/DA for outstation duties,

OR 

Introduce Running Allowance / Kilometer Allowance, 

Provide Special Duty Allowance.

EXTENT OF DOUBLE DUTY.

MMS is functioning under the provisions of the Factory Act and Posts & Telegraph Transport Service framework. However, contrary to statutory principles governing working hours, safety and overtime compensation, large-scale Double Duty is being imposed on Drivers.

Long-Pending Operational Challenge due to Drivers Shortage & Double Duty and Excess Schedules.

NATIONAL LEVEL MANPOWER POSITION (As per DOP Annual Reports Copy enclosed Annexure - 23).

As per Department of Posts Annual Report 2023–24 & 2024–25: 

Total Vehicles (MMS + Inspection) = 1842

MMS Actual Strength (as on 31.03.2024) = 1101

 (Group C Drivers including PA & Artisans)

Thus, against 1842 vehicles, only 1101 personnel are available (including PA & Artisans), revealing a substantial manpower gap.

Despite this, no large-scale recruitment initiative has been undertaken.

This demonstrates structural dependence on Double Duty instead of sanctioned recruitment.

LEGAL AND SAFETY CONCERNS.

Violation of Factory Act principles relating to working hours and rest.

Road Safety Risk due to driver fatigue.

Absence of defined km limit per shift.

Absence of structured rest mechanism.

Potential liability of Department in case of accidents.

Article 14 – unequal burden on Driver cadre.

MMS Drivers are the only cadre continuously subjected to systematic overtime workload, whereas no similar OTA burden exists for other cadres including Office Assistants or Artisans.

Immediate Reliefs Sought.

It is therefore humbly requested that:

Compulsory Double Duty in all Circles be stopped immediately.

All schedules be revised strictly within 8-hour duty norms.

Vacant Driver posts be filled on war-footing basis.

OTA rate be revised in accordance with Factory Act principles.

Safety audit and workload assessment be conducted.

Pending OTA dues be released immediately.

Failure to address the above may compel the affected employees to approach appropriate statutory authorities including the Labour Commissioner and competent judicial forums.

We request urgent intervention in the interest of employee welfare, road safety and administrative fairness.

 RAISING THE EDUCATIONAL QUALIFICATION FOR POSTAL MMS DRIVERS:-

At present the minimum educational qualification for MMS Drivers has been fixed as Matriculation Pass. Previously the educational qualification for the drivers is Middle pass. This has been changed this year. In respect of Postal Department is concerned, English language is used for communication as well as correspondence. 3rd and 4th CPCs ( Chapter 46 Para 31 in 3rd CPC and Chapter 8 Para 23 in 4th CPC) in their report have recommended to raise the minimum educational qualification from Middle Standard Pass to 10+2 Pass. So far this has not been given effect. More over all the forms such as Mail Lists and Log Sheets etc., are in bilingual i.e., English and Hindi. The vehicles which have been recently manufactured are having electronic system. So to understand this, the driver must possess a higher qualification.  

So we demand to raise the minimum qualification of drivers to +2 Pass. 


 CRIATION OF SUPERVISIORY POSTS IN DRIVER CADRE EQUAL TO TECHNICAL SUPERVISOR (Skilled).

“Motor Vehicle Transport Supervisor”.

Only in Driver cadre, the official who joins as Driver will retire as the same. The official who completes 25 years of Service in Driver cadre has to be promoted automatically to the higher grade in the pay scale of V CPC Rs 7450-2250-11500 and may be designated as “Motor Vehicle Transport Supervisor”. In terms of VI and VII CPC, the Grade pay of Rs 4800/- in PB 2 and Level 8 has to be granted to the drivers who have completed 25 years of service. The reason is that if an official retires as Driver, there is no prospect in this. But if a driver retires as Motor Vehicle Transport Supervisor, it will give some sort of satisfaction and dignity in the society. They can be utilized effectively for imparting training to new recruits and educate the new comers as drivers in diesel saving, traffic rules and especially accident free as well as safe driving.

2.13 WELFARE MEASURES.

(i). Insurance for Vehicles. 

1. All Government vehicles under MMS be compulsorily insured. 

2. Comprehensive insurance coverage, including third-party liability, be provided so that compensation awarded by courts is borne by the insurance provider and not the individual driver. 

At present, departmental vehicles are not adequately insured. Consequently, in the event of accidents, drivers are often compelled to bear repair costs. Furthermore, when legal cases arise and courts award compensation, drivers are burdened with significant financial liabilities. 

It is therefore strongly recommended that: 

In the modern era, that too in the busy world any thing may happen on the road. Now a days the number of vehicles is increasing day by day. Even though the road rules are followed strictly, accident may occur due to the negligence by the drivers of other vehicles also. In such cases, the compensation if any ordered by the Court of Law and damages caused to the vehicle due to the accident etc., are recovered from the drivers. In order to avoid this, all the vehicles of our department should be got insured. But in our Postal Department, no vehicle has been insured.  

Our vehicles are utilized for commercial purposes like conveyance of speed post, logistic post and Express Parcel etc., So far, the damages caused to the vehicles of our Department due to the road accidents have been recovered from the Pay of the drivers and sometimes they are compelled to bear the damage expenses. But in D.G. Circular No.92-4/2002-GA (Coord) dt 12.02.2002, the following instruction is reiterated. “The Driver must be in possession of valid license, registration papers and insurance cover” So it is requested to insure all the department vehicles and avoid recovery from the drivers. 

(ii). BAIL AND LEGAL SUPPORT FOR MAIL MOTOR SERVICE DRIVERS. 

Drivers operate vehicles in highly congested and demanding traffic conditions, often during peak hours. In the event of accidents, even when not at fault, drivers are frequently taken into custody and are required to arrange bail on their own. Additionally, they must personally defend legal cases and utilize their own leave for court appearances. 

As a model employer, the Government must extend institutional support to such employees. It is therefore urged that: 

1. The Department should arrange for bail in cases involving drivers on duty. 

2. Legal defense should be provided by the Department. 

3. The period spent attending court proceedings should be treated as duty. 

(iii). GRANTING OF DRIVING LICENSE RENEWAL FEES AND GRANTING SPL CL FOR TWO DAYS FOR DRIVING LICENSE RENEWAL WORK FOR MAIL MOTOR SERVICE DRIVERS AND ARTISANS.

At the outset, in our Department reimbursement of Driving  Licence Fee was granted to our drivers/artisans who are having a valid driving licence. They were also granted one day special CL for performing the said work. For the past 12 year, the reimbursement of driving license  fee renewal has been dispensed with for no reason. Our drivers are driving the vehicle only for the department. For this, the reimbursement of renewal fee is refused.  It is to point out a driving licence is valid for three years. A driver in our department  will renew his driving license 10-12  times in his entire service. Rs 1000/- has to be borne by the Department for renewal of driving licence LMV & HMV. But in the same Department, so much of amount is utilized for imparting training to the Postman/PA/IP/ASP and SP etc., No training is being imparted to Drivers. On behalf of this union, it is requested to grant the renewal of driving licence fee to the drivers as in the Past and to grant two days special CL as per the latest procedure i.e.,  for attending the training class in the driving school for one day and to attend the RTO office in person to  get the renewal of driving licence on the next day.  

(iv) ALL THE VACANT POSTS TO BE FILLED UP TO AVOID UNNECESSARY OTA  

       AND ACCIDENT. 

At present there are so many vacant posts in Driver cadre which are being manned by the Contract drivers. Due to heavy shortage of drivers, in some places like Chennai and Mumbai MMS, the departmental drivers are compelled to work on OTA basis even after completion of their schedule work. In order to obey the Orders of the higher ups, our drivers are performing the extra work assigned on OTA basis with much strain and stress. Sometimes our drivers especially in all Circles MMS are compelled to perform extra work (in addition to the assigned work) which may prolong upto 2400 hours. Again in the next day he has to attend his work as usual. Only on such occasions, accident occurs which causes loss to the department as well as to the employees. As far as the contract drivers are concerned, responsibility could not be fixed. Our union requests the Chairman to show mercy upon us and to take similar action to fill up the vacant posts in our driver cadre. (In Maharashtra and Tamilnadu Circle, a driver is ordered to perform OT duty for 200 hrs to more than 400 hours in a month. If it is continued, accidents will occur)

LEAVE.

Earned leave should be accumulated unlimited so that whenever an employee becomes sick due to stroke/Paralysis, he/she can utilize the leaves at that time. Casual leave for operative staffs (6 days working per week) should be increased to 27 days instead of 8 days as operative staffs are working 3 hours more every week, i.e. 156 hours more every year.

IMPLEMENTATION OF DOPT ORDER BY FIXING MINIMUM QUALIFIYNG SERVICE FOR PROMOTION TO NEXT GRADE PAY FOR MMS DRIVER & ARTISANS.

While implementing 6th CPC recommendations, the DOPT issued some guidelines vide OM No. AB 14017/61/2008-Esst. (RR) dated 24th March, 2009 and GI. Dept. of Per. & .Trg. OM. No.AB.14017/13/2016- Esst (RR) dated 09 .08.2016, and formulated minimum eligibility service to get promotion from one grade to next or higher grade pay. Copies of the under mentioned DOPT orders are furnished for ready reference. (Copy enclosed Annexure - 24 & 25)                                                     

To be more illustrative, the following tabular column may kindly be taken into account. (If the pay of the Driver is fixed as Level 4 on par with Parliamentary Drivers) But in the Department of Posts, the entry level Grade Pay for the drivers is fixed as Level 2).

As per DOP&T DOPT issued some guidelines vide OM No. AB 14017/61/2008-Esst. (RR) dated 24th March, 2009 and GI. Dept. of Per. & .Trg. OM. No.AB.14017/13/2016- Esst (RR) dated 09 .08.2016.

S.No.

Proposed Pay Level

Minimum qualifying service for promotion to next or higher grade pay 

From

To

1 Driver & Artisans Grade III Level 4

Entry Level Grade Pay


2 Driver & Highly Skilled 

Grade III Level 4

Driver & Highly Skilled 

Grade II Level 5

5 years of regular service in the entry grade. 


3 Driver & Highly Skilled 

Grade II Level 5

Driver & Highly Skilled 

Grade I Level 6

6 years of regular service in the 2800 grade pay or a combined service of 11 years in the entry grade


4 Driver & Highly Skilled 

Grade I Level 6

Driver Spl. Grade & MCM Level 7

5 years of regular service in the 4200 grade pay or a combined service of 16 years in the entry grade

4.CONCLUSION.

The issues highlighted above clearly demonstrate that MMS Drivers and Artisans have been subjected to prolonged neglect in matters of pay, promotion, and service conditions.

It is therefore earnestly requested that the Hon’ble 8th Central Pay Commission may:

Address all anomalies comprehensively

Ensure parity with similarly placed cadres

Grant financial and career justice to MMS Drivers

Yours faithfully,

All India Association of Postal Drivers And Artisans,

Madurai @ Salem-636 005, Tamilnadu.


MEMORANDUM TO THE 8th CENTRAL PAY COMMISSION

(ON BEHALF OF MMS ARTISANS – DEPARTMENT OF POSTS)


PART – B : CORE ISSUES AND DEMANDS


PROMOTION RATIO, PAY STRUCTURE & ACP ANOMALIES (COMPARISON WITH RAILWAYS & DEFENCE)

RISK, RESPONSIBILITY & SKILL JUSTIFICATION

Artisans Staff:

Multi-skilled technical work 

Mechanical, electrical, and electronic systems 

Hazardous workshop environment 

MMS cadre qualifies as a high-risk, highly skilled technical workforce.

Work in hazardous workshop environments involving heavy machinery, electrical systems, and mechanical tools 

 Handle high-risk repair activities such as engine dismantling, welding, and electrical fault rectification 

Are accountable for ensuring roadworthiness and safety of vehicles, failure of which may disrupt national postal operations 

 The risk profile of MMS staff is comparable to Railway operational staff and Defence workshop personnel, warranting higher pay and appropriate risk compensation.

Skill Requirement. 

The skill requirements for MMS technical cadres have evolved into a highly specialized, multi-skill domain, requiring both formal qualifications and continuous upgradation. 

The minimum qualification proposed and required is: 

10th Standard with ITI in relevant trade, which is the national standard followed in Railways and Defence. 

In addition, MMS staff are required to: 

Continuously update their skills in line with changing automotive technologies 

Acquire knowledge in electronics, diagnostics, and digital systems 

Handle multi-trade responsibilities, including mechanical, electrical, and electronic components 

Unlike traditional trade-based roles, MMS artisans function as: 

Multi-skilled technicians capable of handling end-to-end vehicle maintenance 

System-oriented operators dealing with integrated vehicle technologies 

The absence of structured training and skill recognition further aggravates the disparity. 

Thus, MMS staff fulfill all criteria of a highly skilled technical workforce, deserving parity with similar cadres in other departments. 

CONSOLIDATED DEMAND 

It is therefore demanded that: 

(i) Restructuring of Artisan Cadre The Artisan cadre may be restructured with entry at Level 4 and progression up to Master Craftsman Level 7/8, in line with Railway and Defence models. This will: 

Recognize technical qualifications (ITI) 

Provide structured career progression 

Eliminate stagnation at lower levels 


3.1 GRANT OF PROMOTION ON PAR WITH RAILWAYS & DEFENCE.

It is respectfully submitted that the Skilled Artisans of the Department of Posts have not been granted promotional opportunities on par with similarly placed categories in Railways and Defence.

(a) Existing Promotion Ratio in Department of Posts

The promotion ratio followed in the Department of Posts during 4th, 5th and 6th CPC periods is as follows:

Skilled – 70%

Highly Skilled Grade II – 15% to 20%

Highly Skilled Grade I – 10% to 15%

Master Craftsman – NIL / 0%

This clearly shows that no promotional avenue exists for Master Craftsman level, resulting in stagnation at higher levels.


(b) Promotion Structure in Railways.

In contrast, in the Railways:

Skilled Artisans (Technicians) and Staff Car Drivers are treated as common cadre

A structured promotion hierarchy exists with clearly defined ratios at all levels

The cadre includes Master Craftsman with defined percentage, ensuring career progression.

Further, revised ratios (as on 30.09.2016) provide:

Skilled – 15%

HS Grade II – 8%

HS Grade I – 51%

Master Craftsman – 26%

This clearly ensures progressive movement to higher grades, unlike Department of Posts.

(c) Pay Structure Disparity.

Although Central Pay Commissions (4th, 5th & 6th CPC) recommended uniform pay structure for artisans across Departments, the Department of Posts has not implemented:

Revised promotion ratios

Uniform grade structure

Resulting in denial of career progression and financial benefits.

(d) Need for Revision of Ratio.

The existing ratio in Department of Posts has remained unchanged for decades, leading to:

Severe stagnation

Denial of higher grade opportunities

Inequity compared to Railways & Defence

Demand:

It is requested that the promotion ratio be revised on par with Railways, as follows:

Grade

Proposed Level (7th CPC)

Proposed Ratio

Skilled

Level 4

20%

Highly Skilled Grade II

Level 5

20%

Highly Skilled Grade I

Level 6

44%

Master Craftsman

Level 7

16%

This structure ensures balanced career progression and parity with other Departments.


3.2 NON-GRANT OF FINANCIAL UPGRADATION UNDER ACP  SCHEME.

The 5th Central Pay Commission recommended:

Rs. 4000–6000 for ACP-I

Rs. 5000–8000 for ACP-II

for Skilled Artisans who were in the pay scale of Rs. 3050–4590.

However, in the Department of Posts:

ACP-II was wrongly granted in Rs. 4500–7000 instead of Rs. 5000–8000

This resulted in significant financial loss to employees across the country

Judicial Recognition. (Copy enclosed Annexure -26) 

The Hon’ble High Court of Kerala, in Judgment dated 24.06.2025 in OP (CAT) No. 34/2022, has held that:

The applicant is entitled to 2nd ACP with Grade Pay Rs. 4200 (PB-2)

With retrospective effect from 24.06.2006

Along with all consequential benefits including pension

Further, the Hon’ble Court clarified that:

Grant of Highly Skilled Grade-I cannot be treated as promotion

ACP benefit cannot be denied on that ground

Impact of Non-Implementation

Due to incorrect implementation:

Employees suffered financial loss

Pensionary benefits were reduced

Career progression was adversely affected

Demand:

Grant of ACP benefits as per 5th CPC recommendations

Revision of ACP-II to appropriate scale (Rs. 5000–8000 / GP 4200 equivalent)

Implementation of judicial orders uniformly across India

Grant of arrears with all consequential benefits

CONCLUSION

The disparity in promotion ratio and improper implementation of ACP Scheme has resulted in:

Structural injustice

Financial loss

Career stagnation

It is therefore requested that the Hon’ble 8th Central Pay Commission may:

Ensure parity with Railways & Defence

Revise promotion ratio

Correct ACP anomalies

Grant full financial justice to Skilled Artisans

Submitted for kind consideration.

Yours faithfully,

All India Association of Postal Drivers And Artisans, Madurai @ Salem-636 005, Tamilnadu.


MEMORANDUM TO THE 8th CENTRAL PAY COMMISSION

(ON BEHALF OF MMS DRIVERS & ARTISANS – DEPARTMENT OF POSTS)


PART – C : CORE ISSUES AND DEMANDS


Pension & Retirement Benefits.

Pension & Retirement Benefits.

Reduction in age for additional pension (or special benefit for MMS Drivers) 

“Considering the strenuous and high-risk nature of duties performed by MMS Drivers, it is requested that the age for commencement of additional pension may be reduced, or suitable additional pensionary benefits may be granted at an earlier age.”

Age of Pensioner / Family pensioner Addl. Quant

From 70 years to less than 80 years 20%

From 80 years to less than 85 years 30%

From 85 years to less than 90 years 40%

From 90 years to less than 100 years 100%


Annual pension revision. 

The Association respectfully submits that pension of all retired persons should be enhanced every year on the pattern of annual increment granted to serving employees so that pensioners may maintain a dignified livelihood in the face of continuously rising living costs. After retirement, elderly pensioners continue to shoulder social responsibilities, increasing medical expenditure, and the rising cost of proper food and daily necessities, while the interest rate on lifelong savings is steadily declining. Several developed countries already provide annual revision of pension to protect retired citizens from financial hardship. In the United States, Social Security benefits are revised every year through a Cost-of-Living Adjustment (COLA) linked to inflation. In United Kingdom, the State Pension is increased annually under the “triple lock” system based on inflation, wage growth, or a minimum 2.5%, whichever is higher. In Japan, pension benefits are revised periodically in line with wages and inflation to preserve the income security of retirees. 

In view of these international practices, it is earnestly requested that the Government introduce a system of annual pension enhancement for all retired persons so that pensioners are not left economically vulnerable after years of dedicated public service. Such a measure would ensure financial security, social dignity, and a humane standard of living for senior citizens in their advancing age.

LTC improvements for employees and pensioners 

Leave encashment for LTC should be increased from 10 days to 20 and should be provided in every block years to promote tourism. The 4 years block of LTC should be reduced to every 2 years to promote tourism all over country. LTC should be given according to mileage at par Bank Employees. LTC should be extended to retired employee also.            

DEMAND REGARDING CGHS FACILITY FOR PENSIONERS

At present, Central Government Pensioners who are not covered under CGHS are granted Fixed Medical Allowance (FMA) of Rs.1000/- per month along with pension.

However, pensioners who wish to avail the benefits of the Central Government Health Scheme (CGHS) are required to:

Surrender the Fixed Medical Allowance; and

Pay CGHS subscription charges periodically for renewal of CGHS Card.

At present, pensioners are required to pay approximately Rs.5400/- periodically for renewal of CGHS facilities. This procedure causes financial and administrative hardship, particularly to aged pensioners and family pensioners.


Most pensioners, especially senior citizens, find it difficult to:

Arrange lump-sum payment for renewal;

Visit offices repeatedly for renewal formalities; and

Continue uninterrupted CGHS coverage during old age.

Therefore, it is humbly requested that:

Pensioners may be permitted to continue under CGHS through a permanent / life-time CGHS card system;

The prescribed CGHS contribution may be recovered conveniently through monthly deduction from pension instead of lump-sum payment;


The procedure may be simplified to avoid hardship to elderly pensioners.


Such a system would ensure:


Continuous medical coverage;

Financial convenience to pensioners; and

Administrative simplification in CGHS renewal process.


The Hon’ble 8th Central Pay Commission is therefore requested to recommend suitable modifications in the CGHS contribution and renewal system in the interest of retired Central Government employees.


FINAL PRAYER.


It is therefore requested that the Hon’ble 8th Central Pay Commission may kindly:

Grant parity with Railway and Defence cadres, 

Revise pay structure and promotion system ,

Introduce suitable allowances, 

Improve service conditions and pensionary benefits 

Yours faithfully,

All India Association of Postal Drivers And Artisans,

Madurai @ Salem-636 005, Tamilnadu.



Sunday, 20 May 2018


Pay fixation-Disparity in fixation to Artisan Cadre ACP II and MACP III  - Rectification- Requested. 




Tuesday, 1 May 2018


Revision of OTA as per with the 5th and 6th CPC pay scales to the Drivers and  Artisans  in the Department of Posts– OTA case SLP order dated 23/02/2018.



ITEM NO.14 COURT NO.10 SECTION XII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 2507/2018
(Arising out of impugned final judgment and order dated 11-04-2017 in WPMD No. 4896/2014 passed by the High Court Of Judicature At Madras At Madurai

UNION OF INDIA & ORS.                                                                                Petitioner(s)
                                                                         VERSUS
ALL INDIA ASSOCIATION OF POSTAL
DRIVERS AND ARTISANS & ANR.                                                               Respondent(s)

(IA No.23126/2018-CONDONATION OF DELAY IN FILING)
Date : 23-02-2018 This petition was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Ms. Kritika Sachdeva,Adv.
Mr. Pranay Ranjan,Adv.
Ms. Kirti Dua,Adv.
Mr. Sumit Teterwal,Adv.
Ms. Pallavi Chopra,Adv.
Mr. Gurmeet Singh Makker, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R

We have heard learned counsel for the petitioners-Union of India and perused the record.

Since the impugned order directs the petitioners-Union of India only to consider the matter, we do not find any ground to interfere with the impugned order.

It will be open to the petitioners to consider the matter in accordance with law.

The special leave petition is accordingly disposed of.Pending applications, if any, shall also stand disposed of.

(MAHABIR SINGH) (SUMAN JAIN)
COURT MASTER BRANCH OFFICER

Tuesday, 15 August 2017

Thursday, 3 August 2017

Sub: Granting of Special Grade/Master Craftsman 

Promotion to MMS Drivers and Artisan as per the 

direction issued by the DOP &T, Model RR for the 

Staff Car Driver & Time  Scale Driver Category of 

posts – review  regarding.



Email id. gsaiapda@gmail.com
Lr. No. AIAPDA/CHQ-08/2017/ dated 28.07.2017.
To
The Secretary,
Department of Posts,
DakBhavan,  Sansad Marg,
New Delhi 110 001. 

Respected Sir/Madam,
Sub: Granting of Special Grade/Master Craftsman Promotion to MMS Drivers and Artisan as per the direction issued by the DOP &T, Model RR for the Staff Car Driver & Time  Scale Driver Category of posts – review  regarding.

Ref :1.This Association Lr No AIAPDA/CHQ-02/2016 dated 08.02.2016.
2. Ministry of Personnel, Public Grievances & Pensions, Department of Personnel &Training letter No F.No 22034/1/2016-Estt-(D) dated 29.04.2016.
3.  This Association Lr No AIAPDA/CHQ-05/2017 dated 05.05.2017.           
***
            I solicit kind attention to the references cited for your kind consideration and favorable orders please.
            As per the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training letter under reference you may consider and settle our genuine demands for restoration of benefits under qualifying service of the neglected Drivers and Artisans of our Department. Once again I request your kind attention on the subject and to expedite the process to restore the benefits in favour of our drivers and artisans please.

Thanking you sir.

                                                                                                                        Yours sincerely,


                                                                                                                        /S.saravanan/



Copy to :-

1.         The Assistant Director General (Estt),
            Department of Posts (Establishment Division)
            Ministry of Communication and IT, Government of India,
            DakBhavan, Sansad Marg, New Delhi – 110 001.

2.         The Director [MV], Department of Post, DakBhavan, Sansad Marg,  New Delhi-110 001.

3.         The Principal Chief Postmaster General, Tamilnadu Circle, Anna Salai, Chennai – 600 002


  *******************************************************************************

 Sub:  Revision of OTA as per with the 5th and 6th CPC pay scales to the Drivers and           Artisans  in the Department of Posts–Reg.


Email id. gsaiapda@gmail.com
Lr. No. AIAPDA/CHQ-07/2017 dated 28.07.2017.
To
The Secretary,
Department of Posts,
DakBhavan,  Sansad Marg,
New Delhi 110 001. 

Respected Sir/Madam,
Sub:  Revision of OTA as per with the 5th and 6th CPC pay scales to the Drivers and           Artisans  in the Department of Posts–Reg.
Ref :1.  Orders of the Honb’le Madras High Court Madurai Bench No W.P(MD)
                                     No 4896 of 2014 dated 11.04.2017.
                                 2. Our Letter No AIAPDA/CHQ-04/2017 dated 05.05.2017.
***
1.         Kindly refer letter under reference.

2.         The Madurai Bench of Madras High Court has given order dated 11.04.2017 to revise the Over Time Allowance as per with the 5th and 6th CPC scales immediately to avoid the hardship experienced by the Drivers and Artisans of the Department.  In this regard, I have initiated a letter under reference for your kind consideration and favourable action.

3.         Hence, the AIAPDA once again request your kind attention to take an appropriate decision by considering the aspects of fairness in the order.

Thanking you sir.
Yours sincerely,


  /S.Saravanan/

Copy to :-
1.         The Assistant Director General (Estt),
            Department of Posts (Establishment Division),
            Ministry of Communication and IT, Government of India,
            DakBhavan, Sansad Marg, New Delhi – 110 001

2.         The Principal Chief Postmaster General
            Tamilnadu Circle
            Anna Salai, Chennai – 600 002




  *******************************************************************************



Email id. gsaiapda@gmail.com
Lr. No. AIAPDA/CHQ-09/2017 dated 28.07.2017.
To
The Secretary,
Department of Posts,
DakBhavan,  Sansad Marg,
New Delhi 110 001. 

Respected Sir,
                        Sub: Request for issue of appointment to this Association – reg.

                        Ref : This Association letter No AIAPDA/CHQ-06/2017 dated 23.05.2017.
                                                                        ***

            Kindly refer this association under reference.

            This association’s office bearers (06 members) seeking permission to meet the Respected Secretary on behalf of this Association in connection with discussing the issues of the members of this Association in our letter under reference. Hence it is once again requested to kindly issue an appointment. An early date of appointment is anticipated.

                        Thanking you Sir,
                                                                                                                        Yours faithfully,
Station: Salem 636005
Date:   28.07.2017.                                                                              /S.Saravanan/