Thursday, February 19, 2015
TBOP and BCR are Promotion Schemes and not Financial Up-gradations
TBOP and BCR are Promotion Schemes and not Financial Up-gradations
VERY IMPORTANT
Hon’ble CAT, Cuttack Bench ( O A No.
1196 of 2004 and O A No. 1213 to 1221 of
2004 ) uphold the order of Hon’ble CAT, Madras Bench (O A No. 679 of 2003)
Postal Directorate directs Chief
PMG, Odisha Circle for implementation vide its letter
No. 93-13/2012-SPB-II, dated 23rd January, 2015
Odisha Circle implemented the
order vide its Memo No. ST/26-15/2013, dated 04.02.2015
Dear Comrades,
The Hon’ble
CAT, Madras Bench in its order dated 19.03.2004 passed in O A No. 679 of 2003 (K
Perumal and M Ramamswamy vrs. D G, Department of Posts and Other) observed,
“.... action of the respondents is totally illegal and is incorrect. They
cannot change the nomenclature, viz. ‘promotions’ made already to that of
‘financial up-gradations’ and deny the consequential benefits ....... In the matters relating to seniority, settled
issues should not be disturbed/disorted after a long laps of time ..... the
contention of the respondents that the
promotions given earlier are to be
construed only as financial up-gradations in our considered view cannot be
accepted as the same is unreasonable and
such an argument goes against the letter and spirit of the communications
issued by the respondents themselves......”
The Hon’ble
CAT, Cuttack Bench in its order dated 23.07.2008 passed in O A No. 1196 of 2004 and O A No. 1213 to 1221 of 2004 filed by
Brahmananda Lenka and others directed the respondents to consider the case of
the Applicants within a period of 90
days for grant of consequential benefits
with promotion to next higher grade, namely HSG-II and HSG-I in the
light of the decision of the Madras Bench of the tribunal which has been
confirmed by the Hon’ble High Court of Madras.
The Order
dated 23.07.2008 of Hon’ble CAT, Cuttack was subsequently upheld by the Hon’ble
High Court of Odisha vide its Order dated 17.01.2012 which was examined by the
Department in consultation with the
Department of Personnel & Training
and Department of Legal Affairs, Ministry of Law and Justice and finally
it has been decided to implement the same in respect of the applicants of the
above O A only.
Subsequently,
the Postal Directorate, vide its letter No. 93-13/2012-SPB-II, dated 23rd
January, 2015 directed the Chief Postmaster General, Odisha Circle to implement
the above CAT’s order as specific to the applicants of the O A.
Accordingly, Circle
Office, Bhubaneswar vide its Memo No. ST/26-15/2013, dated 04.02.2015 promoted
5 officials (the applicants) notionally to LSG, HSG-II and HSG-I and allotted 3 officials to Berhampur Region and 2
officials to Samablpur Region. Consequently the officials promoted notionally
as such were posted by respective Regional heads as follows.
Memo
No. ST/12-HSG-I/2015, Dated 04.02.2015 issued by
Postmaster
General, Berhampur, Gm) Region, Berhampur-760001
Sl No.
|
Name and
Designation of the official
|
Place of
posting on promotion.
|
1.
|
Sri Birabar Behera, SPM, Asureswar SO.
|
Postmaster ,Bhanjanagar HO
|
2
|
Sd. Zahid Hossain ,SPM,
Tinimuhani SO.
|
Postmaster ,Paralakhemundi HO
|
3
|
Sri Nityananda Nath Sharma,SPM,
Dandisahi, SO
|
Postmaster, Koraput HO
|
Memo. No. ST/RO/150-7/2009
(Ch.I), Dated 05.02.2015 issued
by
Postmaster General, Sambalpur
Region, Sambalpur – 768 001
Sl.
No
|
Name
and designation of Officials
|
Place
of posting
|
1.
|
Shri Kalpataru Malik, PA, Kendrapara HO
|
Dy. Postmaster, Balangir HO
|
2
|
Shri Chhotray Majhi, SPM, Madanpur SO
|
Postmaster, Titilagarh MDG
|
We are trying
to collect the copies of the Directorate’s and other letters through RTI and obtaining
legal advice for giving justice to thousands of such employees all over India deprived from
LSG/HSG-II/HSG-I promotions. All the Comrades are requested to extend their
cooperation in this regard.
We do also
appeal our CHQ to collect the above Directorate’s order and find out ways and
means to render justice to all.
Suryakanta Sahoo
Secretary, AIPEU, Group-C
Dhenkanal Division
Copy of order
dated 23.07.2008 passed in O A No. 1196 of 2004 and O A No. 1213 to 1221 of 2004
.jpg)
.jpg)
.jpg)
.jpg)
.jpg)
.jpg)
Supreme Court sets bar on suspension of govt employees
Supreme Court sets bar on suspension of govt employees
A government employee can't be kept suspended for more than three
months if not formally informed about the charges, the Supreme Court
said Monday.
Based on the principle of human dignity and the right to speedy
trial, the landmark verdict is expected to affect lakhs of government
employees across India, many of whom are under suspension for years
pending departmental proceedings.
"Suspension, specially preceding the formulation of charges, is
essentially transitory or temporary in nature, and must perforce be of
short duration," a bench headed by justice Vikramjit Sen said.
If the charge sheet or memorandum of charges was served within three month, the suspension could be extended, it ruled.
"If it (suspension) is for an indeterminate period or if its renewal
is not based on sound reasoning…, this would render it punitive in
nature," the court said.
It agreed with petitioner's senior counsel Nidhesh Gupta that a suspension order can't continue for an unreasonably long period.
Protracted periods of suspension had become the norm and not the
exception that they ought to be, the court said. It drew a parallel with
criminal investigation wherein a person accused of heinous crime is
released from jail after the expiry of 90 days if police fail to file
the charge sheet.
The suspended persons suffers even before being charged and "his
torment is his knowledge that if and when charged, it will inexorably
take an inordinate time for the inquisition or inquiry to come to its
culmination". "Much too often this has now become an accompaniment to
retirement," the court said, setting aside a direction of the central
vigilance commission that required departmental proceedings to be kept
in abeyance pending a criminal investigation.
The government, however, was free to transfer the officer concerned
to any department in any of its offices to ensure the employee did not
misuse contacts for obstructing the probe, the court said.
The order came on a petition filed by defence estate officer Ajay
Kumar Choudhary, who was suspended in September 2011 for allegedly
issuing wrong no-objection certificates for the use of a four-acre land
parcel in Kashmir. After failing to get relief from the Delhi high
court, Choudhary had moved the top court in 2013.
Since a charge sheet had already been served on Choudhary, these directions would not apply to his case, the court said.
Source : http://www.hindustantimes.com
Monday, February 16, 2015
CBS ROLL OUT / GO LIVE AT ANGUL HO ( DHENKANAL DIVISION, SAMBALPUR REGION ), ODISHA CIRCLE ON 16 / 02 / 2015
CBS ROLL OUT / GO LIVE AT ANGUL HO ( DHENKANAL DIVISION, SAMBALPUR REGION ), ODISHA CIRCLE ON 16 / 02 / 2015
Inaugurated by Col. Sj. Jaleshwar Kanhar, PMG, Sambalpur Region
Inaugurated by Col. Sj. Jaleshwar Kanhar, PMG, Sambalpur Region
