DoPT Order 2019 - All India Strike on 8th and 9th January, 2019 - Instructions under CCS (Conduct) Rules, 1964

DoPT Order 2019 - All India Strike on 8th and 9th January, 2019 - Instructions under CCS (Conduct) Rules, 1964

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No.450 18/ 1 /20 17-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 08th January, 2019

Subject: All India strike for 08th and 9th January, 2019 - Instructions under CCS (Conduct Rules), 1964 - Regarding.

It has been brought to the notice of the Confederation of Central Government Employees and workers has decided to observe two day strike on 8th and 9th January, 2019 to protest against NPS and certain 7th CPC issues.

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department's O.M. No.330 12/ I/(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed strike, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on strike, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty on the day of strike i.e., 08.01.2019 and 09.01.2019.

(Juglal Singh)

Deputy Secretary to the Govt. of India
011-23092338

To
EO&A S/ A S(S& V)/J S(Vig.)/ J S(Trg.)/J S(E)/Secretary( PESB)/PS to M OS(P P)/PSO to Secretary(P)

All Officers/Sections (including PESB) of Department of Personnel & Training.

Copy also forwarded for necessary action to:
1. Secretary, Central Vigilance Commission, New Delhi.
2. Secretary, Union Public Service Commission, New Delhi.
3. Secretary, Staff Selection Commission, New Delhi.
4. Secretary, Department of Administrative Reforms & Public Grievances, New Delhi.
5. Secretary, Department of Pension & Pensioners' Welfare, New Delhi.
6. Director, Institute of Secretariat Training and Management, New Delhi.
7. The Chief Security Officer, MHA, North Block.
8. The Commandant, CISF with the request to ensure strict vigil on all the gates and if necessary deploy extra security personnel for the purpose.

Source: DoPT

23 points Charter of demands submitted by Postal Joint Council of Action vide their letter dated 12.12.2018 - Postal Union STRIKE

23 points Charter of demands submitted by Postal Joint Council of Action vide their letter dated 12.12.2018 - Postal Union STRIKE 

Item No.	Demands	Reply
1.	Implement all positiverecommendations of Sri KamleshChandra Committee report and grantCivil ServantStatus to GDS.	Approved recommendations of the Kamlesh Chandra Committee have been implemented vide orders dated 25-06-2018, 27-06-2018, 17-10-2018, 10-10-2018 1-1-12-2018.The Gramin Dak Sevaks work for a minimum of four hours and maximum five hours in a day. This work is part time in nature, as it is imperative for every GDS to have alternate means of  live hood. The Supreme Court has observed in his judgement dated 22-04-1977 in case titled UOI V/S P.K. Rajamma that the GDSs are holders of a civil post but outside the regular employees. Moreover, in a recent common order dated 17-11-2016 of Hon'ble CAT Pr. Bench Delhi in Oas no. 749/2015 35401/2015 & 613/2015. the Hon'ble CAT rejected the claim of GDS for parity with regular civil servant. This issue is also sub-judice in Delhi High Court.
2.	Fill up all vacant Posts in all cadres of Deptt of Post i.e. P.A/S.A, Postmen. Mail Guard. Mailmen, MMS, MTS, GDS, Postal Acctts, P.A Admn Oflices, P.A SBCO & Civil Wing etc within a time frame and separate identity of all cadres.	(l) The Postman/Mail Guard and MTS examination (DR & Departmental) has already been scheduled during the current year. Circles have been requested to fill up all the vacant posts.(2) The recruitment process of PA and SA is done by Staff Selection Commission (SSC) through a Centralized Examination. Recruitment process of 5205 posts of Postal Assistant/ Sorting Assistant for the year 2015 has been completed. Recruitment of 3295 posts of Postal Assistant/ Sorting Assistant for the year 2016 is under process. 2359 vacancy of PA/SA for the year 2017 has been intimated to SSC. (3) Online GDS engagement process has been started for filling up of vacant GDS Posts. In the 1st Cycle of GDS online engagement process, 21284 GDS vacancies were notified; out of which result for 20835 vacancies have been declared and 6604 selected candidates have joined in GDS posts. (4)Post JE, AE and Clerk have been filled up. The vacancies of Stenographer are sending to Staff Selection Commission. After receipt of the same it will be acted upon in due course of time.
3.	Settle all the problerns arisen out of implementation of C.S.I & R.I.CT.	CSI: 1. CSI solution has been implemented in ,195 out of 511 Divisions. 2. In the early phase of implementation a number of problems were reported related to system stability, data flow, etc. These issues were arising either due to application issue or local infrastructure issues like available bandwidth or knowledge gap. 3. Now, the ERP implementation has been stabilized and application related issues have been fixed. 4. Bandwidth has also been increased to optimum level at the field offices. 5. Workshop /VCs are being conducted for all circles by CEPT to address the knowledge gap related issues. 6. Ninety-five percent of the transacting on CSI system. RICT /DARPAN : 1. As on llln of December. 2018 the no. of BOs rolled out with DARPAN solutions across all Cilcles is 1,29,030. 2. While CBS applications has been rolled out in all 1,29,030 BOs PLI Application has been rolled out in more than 90,000 BOs and CSI application has been rolled out in more than 200 Divisions. 3. DARPAN solution is functioning properly and effectively in BOs across the Country. For the month of November 2018 more that 73 lakh CBS transactions took place on DARPAN devices and more than 2.53 lakh PLI/RPLI Premium collections took place through the devices. With the ongoing rollout of DARPAN CSI. BOs are also able to book Registered/Speed Posts/Money Orders on the devices. 4. There are no issues as regards the efficacy of the three applications i.e. CBS, PLI and CSI are concerned. 5. Local issues relating to the haldware and connectivity are taken care of by 105 Service Centre across the country. Bos/Divisions can raise tickets through CSI helpdesk which are attended by the respective vendors. This support system wi11 be available for the next five years. 6. Due to non-availability of connectivity/poor connectivity in some remote rural areas there are issues relating to transactions not taking place inside the Branch Post offices. 7. The probiem has been solved to a great extent by on boarding three more network service providers i.e. BSNL,Idea, Vodafone in addition to the existing Airtel. 8. Circles have also been advised to install small sizeportable Antenna in such BOs where connectivity is notreported to be available inside the offices or havrng poorconnectivity is available inside the offrces and confirmed bythe Circles assuch.
4.	Withdraw NPS and Guarantee minimum pension 50% of last pay drawn.	The demand for withdrawal of NPS (Contributory Pension Scheme) is outside purview of this Department. As per Govt. decision, Govt. servant appointed on or after l-1-2004 are covered under NPS.
5.	Membership verification of G.D.S. and declaration of result of regular employees membership conducted in 2015.	There are two Court case filed in the Jodhpur High Court first by BPEA-Group (C ) Rajasthan Circle and Second is by All India Association of Postmaster Cadre. Therefore, process for recognitions of Association has been stopped till the outcome ofthe court cases.
6.	Implementation of orders of payment of revised wages and arrears to the casuai, Part time, Contingent employees& daily rated mazdoors as per 6th and 7th CPC and Regularize Services of casual Labourers.	The rate of remuneration for the part time contingent paid casual labourers has already been revised following the implementation of the recommendation of the 6th and 7th CPC vide DG Posts communication no. 2-53/2007 dated 22-01-2015 and 7-10-2016 dated 31-03-2017 respectively.Regularization of Casual Labourers are done as per thepolicy guidelines of DOP&T.
7.	Implement Cadre Restructuring for left out categories i.e. RMS, MMS, Postman/MTS, PACO, PASBCO. Postal Acctts. Postmaster Cadre and CivilWing etc.	The Cadre Restructuring proposal of RMS. SBCO and CO/RO is currently under examination in consultation with D/o Expenditure, M/o Finance. The concerned file was re-sent to the D/o Expenditure on 13-12-2018. Further this is informed that a committee has been constituted to examine the issues relating to the Postmasters Cadre including Cadre Restructuring. Last meeting of the Committee was held on 20-12-2018. Cadre Restructuring of Postman/MTS is not under examination at present.Cadre Restructuring Committee has been formed for Civil Wing. The action will be taken after the recommendation of the committee is received.
8.	Stop Privatization, Corporatization and out sourcing in Postal Services.	BD & M Directorate issued instructions in past to outsource certain kind of activities/ se,rvices which could not be managed with the available manpower/ resources. These were new kind of activities, for which there is no provision of manpower/less man power due to increase workload, but they have good impact on the revenue generation. Therefore in order to continue the business grorwth without adversely impact the existing staff arrangements, BD & NI Directorate issued instructions to outsource certain kind of activities like pre-mailing. pick up etc.ln the express industry, collectit.rn irom the customer's premises is a norm as it provides convenience to the customer. Speed Post OSA scheme was introduced in the year 1998 to extend the collection facilties from customer's premises and increase booking points as the infrastructure and resources for Speed Post collection is not adequate to meet the customer requirements. Further to strengthen this Outsourced Postal Agent Scheme rvas also introduced in 2016. OPA are to be engaged for three activities - pick-up, booking and delivery. Circles are required to make an assessment for the requirement of OPA and OPAs are to be engaged for delivery where additional work in addition to sanctioned strength of Postmen, is justified.
9.	Scrap Bench Mark in MACP.	The prescribed benchmark for NIACP is the sole criteria on which MACP is granted. Whenever d,rubts arise in matters lelating to implementing of MACPS due to benchmark, the same are sorted out in consultation with the nodal ministry. Several clarifications have been are issued from time to time in the past.
10.	Implement 5 days week in Postal and RMS.	Department of Posts is a service oriented Department which abides by many Universal Service Obligation (USOs). In this era where many private service organizations are looking for providing 24x7 hrs services, the idea of opening Post Offices only 5 davs in a week is irrelevant and will lead to public inconvenience and public complaints.
11.	Enhancement of higher pay scales to those categories whose minimum qualification has been enhanced e.g. Postman, Mail Guard.	Pay scales of Postmen, Nlailguards etc. have been prescrrbed as per the guidelines of DOP&T. They are not linked to educational qualification but are rvith reference to the job profile. Therefore, the request cannot be acceded to.
12.	Grant of pension to the promoted GDS based on Supreme Court Judgment in SLP No. (C)13042/2014.	SLP is still pending in the Supreme Court for decision.
13.	Withdraw orders of enhancement of cash conveyance Iimit without security.	The line limits of Post Offices have been raised as per the rising financial requirements aftel emergence of lndia Post Payment Bank (IPPB) and also to reduce public grievances related to withdrawal in respect of Saving Bank Schemes. Further, as far as securitl- aspect is concerned, it is clearly mentioned that the prevailing larv and order situation would be taken into account befole actual implementation on ground. These limits are the maximum limits which can be reduced by the Head of the Circles where the law, and order situation is challenging like naxal affected areas etc.
14.	Implement all High Court and Supreme Court decisions in C/W MACP. RTP and others.	It appears that the Association wants N{-A.CPS by ignoring promotion earned through promotions. In this context, it is informed that Financial upgradation under MACP Scheme on the basis of Hon'ble Supreme Court's judgment dated 16- 08-2016 in SLP 4848/2016 (UOI Vs D. Sivakumar) was allowed in the case of applicant only. Further Hon'ble Supreme Court has kept the question of law open. Therefore, there is no question of an1' binding precedent laid down by the Supreme Court in the above case and the similar case can be argued. Hence, the benefit of the judgment cannot be given other than the applicants.
15.	Cash less treatment under CGHS and allotment of adequate fund under head MR & T.A.	The issue of cashless treatment facility for serving central govt. empioyees under CGHS as applcable in case of CGHS pensioners, demanded by Unions needs to be taken up with Nodal Ministry i.e. Ministry of Health & Family Welfare for which a detailed proposal is required.
16.	Retention of Civil using in the Deptt of Post.	The issue rs being taken with the Secretary, DOT.

Source: Confederation

Two days strike from 8th to 9th January, 2019 call given by all affiIiated Unions of NFPE & FNPO and AIPEU-GDS and NUGDS in support of their 23 points charter of demands

2 days strike from 8th to 9th January, 2019 call given by all affiIiated Unions of NFPE & FNPO and AIPEU-GDS and NUGDS in support of their 23 points charter of demands.

No. 08-08/2018-SR
Government of India
Ministry of Communications
Department of Posts
(SR Section)

Dak Bhawan, New Delhi
Dated: 04th January,2019

To
Secretary General, NFPE
Secretary General, FNPO
General Secretary, AIPEU Gr. 'C'
General Secretary, NAPE'Gr.'C'
General Secretary, AIPEU Postman, MTS, Gr. 'D'
General Secretary, NUPE Postmen & Gr. 'D'
General Secretary, R-III
General Secretary, NUR-III
General Secretary, AIRMS & MMS PU, MG/MTS Gr.'C'
General Secretary, NUR-IV
General Secretary, AIPAOEU, Gr. 'C' & 'D'
General Secretary, AIPAOA, Gr. 'C' and MTS
General Secretary, AIPAEA (Postal Account)
General Secretary, AIPSBCOEA
General Secretary, NUPCWNGE
General Secretary, AIPEU-GDS
General Secretary, NUGDS

Subject: Two days strike from 8th to 9th January, 2019 call given by all affiIiated Unions of NFPE & FNPO and AIPEU-GDS and NUGDS in support of their 23 points charter of demands.

Sir,

I am directed to refer to your joint letter No. PF-12-C/2017 dated 12.12.2018 on the above mentioned subject. The demands have been examined by the concerned Divisions and replies to all the item of demands showing the present status are enclosed herewith at Annexure 'A'.

2. This issues with the approval of competent authority.

Encl: As Above

Yours faithfully,
(R.S. Mawar)
ADG (SR & Legal)

Annexure - A

23 points Charter of demands submitted by Postal Joint Council of Action vide their letter dated 12-12-2018.

Two day strike Banking ops partially affected due to trade union strike

Two day strike Banking ops partially affected due to trade union strike

Banking operations Tuesday have been affected in some parts of the country as a section of employees refrained from work in support of the two-day strike call given by 10 central trade unions to protest against alleged anti-labour policies of the government.

All India Bank Employees' Association (AIBEA) and Bank Employees' Federation of India (BEFI) have supported the strike, which has impacted banking operation where these two unions are strong.
However, the operation in SBI and private sector banks remained unaffected as other seven unions in the banking sector are not part of the strike.

Many public sector banks have already informed their customers about likely impact on services if strike materialises.

"If the strike materialises, a section of the bank's employees may take part in the proposed strike on the said dates, in which case, the normal functioning of the branches/offices of the bank may get affected," Indian Bank said in a statement.

A two-day strike on January 8 and 9 has been called by the central trade unions against the alleged repressive policies for workers adopted by the government.

Source: PTINews