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Tuesday, October 24, 2017

COMPULSORY OCCUPATION OF ATTACHED QUARTERS TO BE DISCONTINUED


Article on discontinuance of attached quarters

Respected Sir,

          This article is regarding the order for compulsory occupation of attached quarters in the Department of Posts. This practice is not practical now.  The trade union is to take up this case at appropriate forum for further necessary action.

SUB: ORDER FOR COMPULSORY OCCUPATION OF ATTACHED         QUARTERS TO BE DISCONTINUED

          In our department, many offices are provided with rent free quarters for the occupation of the SPM/PM. Such occupation is mandatory. For this, the concerned SPM/PM will not be paid HRA. In the present day situation, this practice has no meaning and it is a violation of the fundamental right as assured in the Indian Constitution. The following is an analysis on this subject.

The following are the major points for this discussion.

          As per our departmental rules, the SPM/PM should occupy the quarters provided with the office and such an occupation is mandatory. This has been in practice since a long way back, even before the independence. The presence of the SPM beyond working hours might be inevitable at that time. The main reasons for this might be the following.

From the departmental side, the reasons may be

1. It was an act of slavery introduced by the foreign rulers.

2. At that time, probably the SPM/PM might be the only well-known person in the village who can guide the public in almost all matters such as education, health etc.

3. Telephone was a luxury and probably the post office might be the only place in which telephone was available. The members of public had to go only to the post office for their needs. At that time almost no body might have a phone connection in his house.

4. Telegraph service was available at many offices and the members of public utilized this facility for their urgent need.

5. In fact, the telephone and telegraph services available at the post office were the only communication services available at that time for emergent use for the members of public. These services were used by the members of public even in odd hours. The SPM/PM/signaller was available for providing such services to the public.

6. The presence of the SPM/PM during the night was considered to be an additional security to the departmental properties.

7. There were only restricted mode of transport at that time and hence such officials were contrained to occupy the quarters in order to ensure the smooth functioning of the office. In fact, the public transport was plying at a very slow pace, infact at about 30 to 40 KMPH. It took almost 18 to 20 hours to reach Chennai from Kanyakumari.

None of the above is reallistic today. We are living in a world which is driven by technology. Internet brings the world to our drawing room. The use of mobile phones makes everything possible, everywhere at all times. 

 

Present day scenario

1. Almost every Indian citizen has a mobile phone and communication is very cheap and its growth is rapid. In fact, the number of mobile phone is many times the number of people below the poverty line. The concept of PCO had gone away.

2. Telegraph service had been withdrawn. And there is absolutely no necessity for any official to be present at the post office beyond office hours.

3. Due to the government’s liberalized policies, now the dream of owing a house is now become a reality for many government servants. Such government servants may have their own house in places according to their needs, especially the education of their wards and medical care. In such a situation, compelling a government servant to stay in a particular station and that too in a particular house is not under any law. The government servant will be put into financial strain as he will loss the HRA and also he has to repay the amount of housing loan, if he owns a house. In the case of rented house, the government servant will have to loss the HRA and he has to pay the rent for his house. In the present day in which the cost of leaving is too high, also every single paise counts, no government servant can withstand this double attack. It may be added that, at present the education and medical are expensive.

4. Transportation is in a very advanced stage. Our roads are full of vehicular traffic due to the abnormal increase in two wheelers and four wheelers. Getting a vehicle is now made cheaper. Somebody may remember that there was an offer sometime back that “pay Rs. 1 and drive away a Maruthi car”. Also, the public transport is very cheap and is available in plenty. Everybody has a two wheeler. In such a situation, any government servant living anywhere can reach the office in time.

5. Last but not the least, the presence of the government servant in the office after the working hours is absolutely not necessary in the present day modern world.

6. Nobody will dispute that every parent is now in a position to help their wards in their education, teaching them, arranging and taking them for tuition or bringing them back to home after their tuitions etc. In a majority of the cases, the parents are to help them in their home work. The presence of the government servants in home is absolutely necessary after the office hours. They can not stay in the quarters, which may be far away from their home.

7. The government servant has every right to choose the place where to live and where to house his family, considering various facilities he may require.

8. Security cannot be cited as a reason. There are so many offices in which no attached quarters is provided for the SPM/PM and the security of those offices are not in threat. The same rule will apply to the offices where there is an attached quarters.

9. Also, in the present day set up, living in such a quarters which is aloof, is unsecure for the officials.

The unrealistic practice

1. As we know, many of the post offices are housed in rented buildings.

2. Many of the offices are aloof in that particular village.

3. Many of such quarters are lacking basic amenities, such as separate toilet for office and quarters, drinking water, overhead tank, separate kitchen etc. Majority of them are unfurnished quarters.

4. Providing such an unsuited house in the name of quarters to the SPM/PM and denying the HRA is not under any law.

5. In most of the cases, the officials lose heavily as the HRA of the officials is many times the actual rent paid by the deparement as rent for that office including the office portion.

6. A post office building has 6 rooms. Out of which 3 rooms are used for office and another 3 rooms are used as quarters of the SPM. Even if the areas of the quarter’s portion and the office portion are taken to be equal, then the SPM has to pay only 50% of the rent paid by the department. The rent of that particular office is Rs. 800 per month. Against a due amount of Rs. 400 being the 50% share towards rent, the official loses his entire HRA. If the recent HRA rates are taken as criteria and the pay of the official is assumed to be Rs. 25500 (entry grade of PA), his HRA would be Rs. 2040. In this case, the official pays 5 times his share which is due to be paid by the official. In fact the department earns a profit of Rs. 1240 per month (2040-800) which is not covered under any law. Consequent on the recent cadre restructuring proposal, a MACP II or MACP III official will occupy such an office. If his pay is assumed to be Rs. 45000 the HRA would be Rs. 3600 and in that case the official pays 9 times his due share and the department profits Rs. 2800 per month.

7. As per the rules of the department, the government servant is to stay in the quarters. This rule can not compel the family of the government servant. As such, his family can live anywhere considering the basic needs like education, transportation and medical. In this case, the government servant has to maintain two establishments. Is it not an irony when the CCS (Conduct) Rules stipulate that the government servant should maintain his family and any non-maintenance is an offence?

The suggested solution

1. The concept of rent free quarters should go, considering the recent developments in every sphere of life as mentioned above.

2. Every office should be de-quartered.

3. At liberty, the official is to be permitted to live where he wants.

4. The official should be paid the HRA due and admissible.

5. The rent of the post office building should be paid by the department, as it is bound to pay this rent.

 

Article By
R.Hariharakrishnan, Srivaikuntam HO 628601

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