ALL INDIA ASSOCIATION OF POSTAL DRIVERS AND ARTISANS,
MAIL MOTOR SERVICE,
CHQ. DINDIGUL – 624 001. TAMILNADU.
______________________________________________________________________________
Email id. s9843590355@gmail.com.
Dt:08.02.2016
Lr. No. AIAPDA/CHQ-02/2016.
To
The Secretary,
Department of Posts,
Dak Bhavan, Sansad Marg,
New Delhi 110 001.
Respected Madam/Sir,
Sub: Granting of Special Grade/ Master Craftsman Promotion to MMS Drivers and Artisan as per the direction issued by the DOP&T, Model Recruitment Rules for the Staff Car Driver Category of posts-review regarding.
Ref: 1. DOP Order No. 37-19/2012-SPB-1 dated 24.11.2015. (Annexure-1)
2. DOP&T Order No.AB-14017/10/2014-Estt (RR) (3104937) dated the 4th July,
2014. (Annexure-2)
3. DOP order No_17-2/92-PE.II dated 20.12.1993 and DoP&T, O.M.
No.22036/1/92-Estt. (D), dated 30.11.1993. (Annexure-3)
4. DOP order No_1-5/2001-PCC dated 09.05.2001 and DoP&T O.M.
No. F.No.43019/54/96-Estt (D) dated 15-2-2001. (Annexure-4)
***
I solicit kind attention to the references cited and submit the following for your kind consideration and favorable orders.
1.a. 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. In the judgment issued under OA 2529/1996 a direction has been issued by the Hon’ble 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.”
Page 1 of 7.
Accordingly the Dept. of Personnel & Training, New Delhi has issued orders on 15-2-2001 fixing ratio as detailed below.
No
|
Grade
|
Pay scales
|
Percentage
| ||
1
|
Ordinary Grade
|
Rs.3050-4590
|
30
| ||
2
|
Grade II
|
Rs.4000-6000
|
30
| ||
3
|
Grade I
|
Rs.4500-7000
|
35
| ||
4
|
Special Grade
|
Rs.5000-8000
|
05
| ||
b. At present the following ratio system is followed in granting promotion. 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) based on the Hon’ble CAT, Principal Bench, New Delhi judgements in OA No.2957/91 and OA No.2529/96. (Annexure-5)
c. More over any judgment by the Court/ CAT in respect of service matters, is to be considered as “judgment in –rem” and not “Judgment in- persona”. Hence any such judgments is applicable to all such similarly placed Govt- servants. The judgments of the Hon’ble CAT, Principal Bench, New Delhi in respect of above subject are submitted here with for kind perusal.
d. While implementing 6th CPC recommendations, the DOPT issued some guidelines vide OM No. AB 14017/10/2014-Esst. (RR) dated 4th July, 2014 and formulated Model Recruitment Rules for the Staff Car Driver Category of Posts, Staff Car Driver (Ordinary Grade) Pay Band 1, Rs. 5200-20200 Grade Pay Rs. 1900, Staff Car Driver Grade II, Pay Band 1, Rs. 5200-20200 Grade Pay Rs. 2400, Staff Car Driver Grade I, Pay Band 1, Rs. 5200-20200 Grade Pay Rs. 2800 and Staff Car Driver Special Grade, Pay Band 2, Rs. 9300-34800 Grade Pay Rs. 4200, minimum qualification and 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.
e. While the DOP&T Order No.AB-14017/10/2014-Estt (RR) (3104937) dated the 4th July, 2014 had recommended the Special Grade to driver cadre, the Dept. of posts had Gazette of India Notification under No. G.S.R.773(E) to Motor, Jeep, Lorry and Staff Car Driver Revised Recruitment Rules 2015, dated 12.10.2015 ordered to cancel the Special Grade to driver cadre .
f. All Central Government Departments implemented the Special Grade promotion to Staff Car Driver. But in Department of Posts the MMS drivers who are all treated on par with Staff Car Drivers for the purpose of pay and allowances and promotions, have not been issued Special Grade promotion as per the DOPT guidelines vide OM No. AB 14017/10/2014-Esst. (RR) dated 4th July, 2014. Therefore, it is requested that the Benefits of Special Grade promotion which was earlier granted to the drivers as per DG Post letter No. _1-5/2001-PCC dated 09.05.2001 issued in accordance with DoP&T order No_ F.No.43019/54/96-Estt (D) dated 15-2-2001 may be implemented with all consequential benefits.
Page 2 of 7.
g. It is a surprise to note that the Department of Posts in its Rejoinder to OA NO: 30 OF 2013 (REJOINDER dated 3-11-2015) maintained that the ratio of promotions 30:30:35:05 is already available in accordance with the above orders of DOPT. And also maintained in the Rejoinder itself that a proposal of further Revision of ratio as 25:25:30:20 stands sent to 7TH CPC. Hence in the Judgement of CAT, MADRAS BENCH in OA.30 of 2013 pronounced on 7th Day of January, 2016, has also concluded its verdict with the observation of these two facts, purely based upon the REJOINDER given by the DEPARTMENT. But alas! Now the issue of G.S.R. 773(E) Gazette of India notification, Extraordinary, Part-II Section 3, Sub Section (I) dated 12.10.2015 is very much against.
- The judgement of Principal CAT, DELHI judgment upon which DOPT issued orders for ration of promotion as 30:30:35: 05.
- The Rejoinder submitted to CAT, MADRAS BENCH for OA. No. 30 OF 2013 leading to the observation of CAT in its Judgement dated 7th day of January, 2016
Whereas the Gazette Notification issued on 12-10-2015 is quite against the judgements CATs cited, the DEPARTMENT OF POSTS has misrepresented the facts concealing the fact of this issue of new GAZETTE notification snatching away the benefits available till date. This is quite against the principle of Natural justice also.
2. MODIFYING THE RATIO SYSTEM IN GRANTING PROMOTION TO MMS SKILLED ARTISANS CADRE.
- We would like to bring yet another injustice done to MMS skilled artisan cadre in the Department of Posts.
**Though the new cadre i.e., MCM (Master Crafts Man) was found noted vide Gazette Notification under No. G.S.R.552(E) dated 28-07-2009 to Central Civil Services(Revised Pay)Rules, 2008 for the workshop staff (Defense of Civilian Employees) and circulated vide Directorate order No. 4-3/2009-PCC dt 05.01.2010, no official has been benefitted (MCM Grade Pay Rs. 4200, PB-2, Rs. 9300-34800) in our Department of Posts and the ratio also has not been implemented At present the following pay structure and ratio system is followed in granting promotion in the DEPARTMENT OF POSTS.
Department of Posts
|
5th CPC Scale
|
Ratio in %
|
6th CPC Scale
|
Ratio in %
|
Skilled Artisans
|
Rs.3050 – 4590
|
70%
|
Grade Pay Rs.1900
|
70%
|
Highly Skilled –Grade II
|
Rs.4000 – 6000
|
20%
|
Grade Pay Rs.2400
|
15%
|
Highly Skilled –Grade I
|
Rs.4000 – 6000
|
10%
|
Grade Pay Rs.2800
|
15%
|
Master Craftsman **
|
Rs.4500 – 7000
|
NIL
|
Grade Pay Rs.4200
|
0 %
|
Whereas other Ministries in the Government of India has identified 14% for MASTER CRAFTSMAN, the Department of Posts has not all fixed any ratio and no official has been benefited of this till date. In Railways and Defence, they were granted initially Rs. 4500-7000 and further upgraded to Rs.5000-8000 w.e.f. 1.1.1996.
Page 3 of 7.
b. It is a matter of great regret to note here that the above order has in respect of ARTISAN not been implemented even after a lapse of 23 years. It is, therefore, requested that Hon’ble Secretary may intervene in this matter to get the clearance both from Ministry of Finance and Department of Posts and to issue necessary orders for implementation.
3. GRANT OF PROMOTION TO THE MMS DRIVERS AND ARTISANS ON PAR WITH THE SKILLED ARTISANS OF RAILWAY & DEFENCE.
a. Due to this, we have been affected much. The 4th CPC recommendation in respect of Artisans staff and for motor vehicle drivers in para.11.24 and 11.64 of Chapter II of the Fourth Central Pay Commission have been accepted by the Government. Para 11.24 lays down the following pattern:-
“ 11.24. After considering all relevant aspects of the matter we recommend that the pay scales for workshop staff should be as follows:-
Category of Post. Proposed pay scale of pay (Rs.)
Skilled
(Rs. 260-350)
(Rs. 260-400) 950-1500
(Rs. 320-400)
Highly Skilled Grade II
(Rs. 330-480) 1200-1800
Highly Skilled Grade I
(Rs. 380-500) 1320-2040
Master Craftsman
(Rs. 425-560) 1400-2300
Master Craftsman
(Rs. 425-560) 1400-2300
“11.64. Says that the drivers of motor vehicles including staff car in the existing scales of Rs. 260-350 and Rs. 260-400 and drivers of heavy vehicles are in the pay scale of Rs. 320-400 in all offices of the Government may be placed in the scale of Rs. 950-1500. Therefore the staff car drivers in various Ministries are placed in the revised scale of Rs. 950-1500. The Ministry of Railways have placed various posts in the category of staff car drivers as indicated below :-
S. No. Category. Pay Scales (RPS).
1. Master Craftsman/Head Staff Car Driver. Rs. 1400-2300.
2. Drivers Skilled Grade-I. Rs. 1320-2040.
3. Drivers Skilled Grade-II. Rs. 1200-1800.
4. Drivers Skilled Grade. Rs. 950-1500.
Page 4 of 7.
b. 6th CPC- Recommendation. Page No. 381. Mechanic in the Directorate of Plant Protection, Quarantine & Storage, Faridabad.
7.1.18. Post of Mechanic in the Directorate of Plant Protection, Quarantine & Storage, Faridabad exists in the pay scale of Rs.4000- 6000. It is stated that the post of Driver is its feeder post. A three grade structure up to the pay scale of Rs.5000-8000 has been extended to the grade of Drivers. A demand has been made that the post of Mechanic should be placed in the next higher pay scale of Rs.5500-9000. A higher pay scale of Rs.5500-9000 is not justified for the post of Mechanic either on account of qualifications prescribed or the functions attached. It is, accordingly, recommended that the post of Mechanic should not be made a promotion grade for the cadre of Drivers. The Commission is recommending a different dispensation for the cadres of Drivers where they would need to be multi-skilled. Hence the post of Mechanic should be merged with the cadre of Drivers.
c. In Railways the staff car drivers and artisans are classified as same categories. But in Railway and Defence Departments, the ratio has been revised and employees are getting Grade II & I, Special Grade/ MCM promotions in similar cadre i.e., drivers and artisans.
d. In 1991 and 1996 the Central Govt. Staff Car Drivers Association, New Delhi has filed OA under No. 2957/1991 & 2529/1996 in which judgement has been issued which is enclosed. In the judgement issued under OA 2529/1996 a direction has been issued by the Hon’ble CAT Principal Bench, New Delhi as follows. (Annexure-5)
“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.”
e. 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. Hence We request the Hon’ble Secretary Madam to revise the ratio as mentioned below to each grade with effect from 01.01.2006 and below mentioned pay scales to be implemented as being followed in Railway and Defence.
No.
|
Grade
|
Pay as Per 4th CPC
|
Ratio 4th CPC
|
Pay in 5th CPC
|
Ratio 5th
CPC
|
Pay in 6th CPC
|
Ratio from 2013
|
1
|
Drivers/Skilled, Ordinary Grade III.
|
950-1500
|
45%
|
3050-4590
|
45%
|
GP 1900
|
20%
|
2.
|
Drivers Grade. II, Highly Skilled,
Grade II
|
1200-1800
|
55%
|
4000-6000
|
20.5%
|
GP 2400
|
20%
|
3
|
Drivers Grade .I,
Highly Skilled,
Grade I
|
1320-3040
|
25%
|
4500-7000
|
20.5%
|
GP 2800
|
44%
|
4
|
Head Staff Car Driver / Master
Crafts Man
|
1400-2300
|
NIL
|
5000-8000
|
14%
|
GP 4200
|
16%
|
Page 5 of 7.
f. In all Central Pay Commissions (i.e. 4th, 5th & 6th ) it was recommended to grant uniform scale and promotion ratio to Drivers/Artisans of all Departments. But in Department of Posts the Drivers and Artisans have not been issued promotion with a revised ratio. Therefore, it is requested that the Benefits of Special Grade/Master Craftsman revised Ratio and Promotion which was earlier granted to the drivers with all consequential benefits
4. GRANT OF ASSURED CARRIER PROGRESSION (ACP) SCHEME.
a. The Government have notified Assured Career Progression (ACP) Scheme vide the DOP &Ts O.M.No.35034/7/97 – Estt. (D) dt. 9th August 1999. This Scheme guarantees minimum two financial upgradations in a career to the Staff Car Drivers on completion of 12/24 Years of regular service, if 1st/2nd vacancy based regular promotion has not been offered within the said period.
b. As per the above OM, financial upgradation under the ACP was granted to some drivers. But the C.O. Chennai in its Lr. No. STA/37-191/2001 dt.11.04.2002 directed the Southern Regional office to recover the benefits already granted to some drivers stating that the drivers have already been promoted to Grade II and Grade I on regular basis under the staff car driver scheme.
c. In this connection, it is to inform that the drivers in the Postal Department have not been granted or availed the promotion facility within the prescribed period of 12/24 years of service under the staff car driver scheme. Actually ACP scheme is not a promotion. It is only a financial upgradation. But, the Postal Department is confusing the financial upgradation under the ACP scheme.
d. Moreover, it is to submit that denying the benefits under ACP to the Drivers is against the recommendation of the V CPC and DOP&T Lr.No.22034/2/95-Estt.(D) dt.07.09.2000 and against the Judgement pronounced in CAT, Chennai OA No. 282/2005.
e. Therefore, it is requested that the Benefits of ACP scheme which was earlier granted to the drivers who have not awarded any promotion within the prescribed period of 12/24 years of service may be restored with all consequential benefits effect from 09.08.1999 to 31.08.2008.
5. IMPLEMENTATION OF DOPT ORDER BY FIXING MINIMUM QUALIFIYNG SERVICE FOR PROMOTION TO NEXT GRADE PAY FOR MMS DRIVER & ARTISANS.
1) GI. Dept. of Per. & .Trg. OM. No.AB.14017/61/2008- Esst (RR) dated 10.09.2008,
2) GI. Dept. of Per. & .Trg. OM. No.AB.14017/66/2008- Esst (RR) dated 09.03.2009,
3) GI. Dept. of Per. & .Trg. OM. No.AB.14017/61/2008- Esst (RR) dated 24 .03.2009,
a. While implementing the 6th CPC recommendations, the DOPT issued some guidelines vide OM No. AB 14017/61/2008-Esst. (RR) dated 24th March, 2009 and formulated minimum eligibility service to get promotion from one grade to next or higher grade pay.
Page 6 of 7.
b. As per DOP&T order following are the levels of promotion:
.
S.No.
|
Grade Pay
|
Minimum qualifying service for promotion to next or higher grade pay
| |
From
|
To
| ||
1
|
1900
|
Entry Level Grade Pay
| |
2
|
1900
|
2400
|
8 years of regular service in the entry grade
|
3
|
2400
|
2800
|
5 years of regular service in the 2400 grade pay or a combined service of 13 years in the entry grade
|
4
|
2800
|
4200
|
6 years of regular service in the 2800 grade pay or a combined service of 19 years in the entry grade
|
c. Hence it is requested that the benefit of Qualifying Service for Promotion to next grade Pay scheme which was earlier granted to the Drivers and Artisans, shall be restored with all consequential benefits. Already, the Drivers and Artisans, the poor employees of this department, have heavily by affected with the pay structure of the earlier pay commission and now we are surviving below the poverty line. I hope, that my request for the restoration of benefits under Qualifying Service for Promotion Scheme shall be considered early for which act of rendering justice, I shall ever be grateful.
Finally to sum up, We, the Drivers and Artisans have suffered much since 1996. Hence it is requested to be compassionate in considering and settling our above mentioned genuine demands of the neglected Driver and Artisan cadre of our Department.
Thanking You Madam
DA:AA Yours faithfully,
Date : 08.02 .2016,
Place : Dindigul. /R. SELVARAJ/
Copy to:-
- The Secretary, Deptt. Of Personnel, Public Grievances and Pension,
Govt. of India, North Block, New Delhi 110 001.
- The Assistant Director General (GDS/PCC),
Department of Posts, Dak Bhavan, Sansad Marg, New Delhi 110 001.
- The Director (MV), Department of Posts,
Dak Bhavan, Sansad Marg, New Delhi 110 001.
- The Chief Postmaster General,
Tamilnadu Circle, Chennai-600 002 Page 7 of 7.
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