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Guidelines of holding elective office and Foreign Service to members

Guidelines of holding elective office and Foreign Service to members

Guidelines of holding elective office and guidelines of foreign Service to members of Recognized Service Associations/Federation — Dated 12th October, 2021

F.N0. 18-01/2017-SR
Government of India
Ministry of Communications
Department of Posts
(SR Section)

Dak Bhawan, New Delhi – 110001
Dated: 12th October, 2021

To

All Heads of Circles

Subject: Guidelines of holding elective office and guidelines of foreign Service to members of Recognized Service Associations/Federation — reg.

Ref: This Department’s OMs (two) of even number dated 15-09-2021.

Madam/Sir,

I am directed to request you to keep in abeyance the above mentioned two Office Memorandums dated 15-09-2021 until further order in view of the interim orders dated 30.09.2021 and 05-10-2021 passed by Hon’ble High Court of Judicature Madras (copy enclosed).

Encl: As above

Yours faithfully,

(Sekhar Ranjan Amin)
Director (SR & Legal)

W.P.N0.21139 of 2021

C.SARAVANAN,J.

At the instance of the learned counsel for the petitioner, this writ petition is listed under the caption “for being mentioned”.

2. Earlier, an order came to be passed on 30.09.2021, wherein, the following orders were passed:-

“There shall an interim stay of the Office Memorandum dated 15.09.2021 bearing Reference F.N0.18-01/2017 SR (Foreign Service). The impugned office memorandum is based on another office memorandum dated 27.02.2020 issued by the Ministry of Personnel, Public Grievances & Pensions signed by the Deputy Secretary to the Government of India.

2. Prima facie, it appears that the impugned office memorandum dated 15.09.2021 laying down the new guidelines of foreign service members of recognized service Associations/Federations in Department appears to be contrary to Office Memorandum dated 27.02.2020 bearing Reference F.N0.11013/1/2016-Esst.A.III. The relevant portion of the said Office Memorandum reads as under:

“It is, therefore, necessary for the Competent Authority to keep in mine all the relevant factors while granting permission under Rule 15(1)(c) of CCS (Conduct) rules, 1964. In cases where the Government servants have assumed charge of elected posts prior to the issuing of O.M. Dated 05.08.2019, they may be allowed to complete the full period of their current tenure, except in cases where there are charges of corruption and adverse audit paras etc., “

Notice to the Respondents returnable in eight weeks. Private notice is also permitted. Post the matter after eight weeks for filing counter and final disposal.”

3. The learned counsel the petitioner submits that the impugned Office Memorandum dated 15.09.2021 in F.No. 18-01/2017-SR issued by the second respondent forwarding Office Memorandum dated 27.02.2020 in F.No.1 1013/1/2016-Estt.A-lIl of the third respondent for strict and immediate compliance comes in the legitimate way of the members of the petitioner’s Association/ Union from participating in the election inasmuch as elections are being held regularly in the Divisions.

4. The learned counsel for the petitioner further submits that the requirements to apply for prior permission with the Controlling Authority at least 30 days before the election cannot be complied by the members of the petitioner’s Association/ Union as the election process have already commenced in the divisions.

5. Considering the above, there shall be an interim stay of Office Memorandum dated 27.02.2020 in F.No.11013/1/2016-Estt.A-III of the third respondent as circulated by the second respondent vide impugned Office Memorandum dated 15.09.202 1 in F.No. 18-01/2017-SR for a period of 30 days from today.

6. List this case for final hearing during Ist week of November, 2021. Meanwhile, the respondents are directed to file their counter by then, if any.

05.10.2021 kkd

C.SARAVANAN,J.

kkd

W.P.N0.21139 of 2021
05.10.2021

Download PDF with Interim orders.

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Postal Departmental Facilities and Conferences – Extension at All Levels

Postal Departmental Facilities and Conferences - Extension at All Levels

Postal Departmental Facility and Conferences – Extension at All Levels File No. T-13/1/2021-SR and Legal-DOP Dated 30.06.2021

File No. T-13/1/2021-SR and Legal-DOP
Government of India
Department of Posts
(SR section)

Dak Bhawan
Dated 30.06.2021

OFFICE MEMORANDUM

Sub:- Extension of Departmental Facilities and conferences at all levels.

  1. In continuation of this Departments office memorandum of even no. Dated 17.03.2021 on the subject above, it has been decided that the Departmental facilities and conferences at all levels in respect of recognized Service Associations (as per 2015 verification) and recognized GDS Association (As per 2011 verification) are extended for a period of six months beyond 30.06.2021 i.e. up to 31.12.2021 or until further orders, whichever is earlier
  2. Conferences at all levels in respect of the non-recognized Service Associations under BPEF also stand extended for a period of Six months beyond 30.06.2021 i.e. up to 31.12.2021 or until further orders, whichever is earlier.
  3. This has the approval of Secretary Posts.

S.R. Amin
Director(SR & legal)

All heads of the Postal Circles.

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Committee for Service Associations – DOP

Committee for Service Associations

Recommendations of the Committee for suggesting modification and better system in verification process for recognition of Associations

 

F.No.09-01/2018-SR

Government of India

Ministry of Communications

Department of Posts

(SR Section)

Dak Bhawan, New Delhi – 110001

Dated: 1st june 2020

OFFICE MEMORANDUM

Subject: Recommendations of the Committee for suggesting modification and better system in verification process for recognition of Associations — reg.

With reference to this Department’s OM of even number dated 20.10.2019 where suggestions were asked, it is informed the Committee has submitted its report (Copy enclosed). The revised SOPs are also enclosed for reference.

2.    It is requested to provide your comments/suggestions if any, Latest by 05th June, 2020.

This issues with the approval of DG (Postal Services).

Encl: A/a

 

(Harpreet Kaur Manchanda)

Assistant Director General (SR & Legal)

1.     All Associations.

 

DRAFT MINUTES OF THE MEETING OF THE COMMITTEE HELD ON 12.03.2020

Sub:  Redesigning the process of re-verification of Service Associations.

The fifth meeting of the Committee, under the chairpersonship of Smt. Aindri Anurag, CPMG, Delhi Circle, was held at 11:00 AM on 12.03.2020 in the chamber of Smt. Anula Kumar, DDG (Trg. & WL). The other members of Committee were:-

  1. Smt. Anula Kumar, DDG (Trg. &WL)                                      – Member
  2. Col. Arvind Kumar, DDG (P)                                                    – Member
  3. Shri Dushyant Mudgal, DPS (HQ)                                          – Member

2.   The Committee had invited Shri C.C. Cheluvaraya, ASP (Admin), CEPT to discuss the feasibility of online implementation of submission of letter of authorization by the departmental employees and GDSs of Department of Posts all over the country. Shri Cheluvaraya submitted a process flow (copy enclosed) for employees as well as for GDSs of the Department in this regard which was examined by the Committee.

3.   The Committee recommended deduction of subscription on quarterly basis. The Committee has also recommended maximum of two withdrawals by the employees/GDSs from their membership in a financial year.

4.   The matter of implementation of online submission of letter of authorization, where CSI has not been implemented fully was also discussed. It has been recommended that manual procedure as per DoPT guidelines has to be followed in those Divisions, where no CSI facility available. However, the Divisions where CSI facility is partially available, the employees of the offices having no CSI facility of that particular Division(s) may utilize the above mentioned service from the nearest post office, where CSI facility is available.

5.  The revised Standard Operation Procedure, as recommended by the Committee, is enclosed at Annexure-I. The same is to be implemented in consultation with CEPT.

6.  In respect of GDSs, the committee suggested the procedure of submission of letter of authorization as per Annexure-II.

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Standard Operation Procedure (SOP) for submission of letter of authorization for  regular employee for the purpose of verification of membership of Service Associations

Menu for verification for association can be provided in ESS portal which can be accessed by the employee concerned using his/her user id and password already provided to him/her.

  1. On clicking the menu so provided, the employee will be re-directed to verification form page (Step-5*).
  2. The employee will online submit required details authorizing his/her deduction of subscription, for the financial year, from the pay roll in favor of a particular service
  3. The above details containing authorization of employee will reach the concerned Divisional Office electronically. The system will automatically consolidate the name of employees, association wise in the format as given in PART-I of Annexure-III.
  4. The Divisional Office will take a printout of the consolidated details association wise generated in the system and will confirm the same from the respective association for its membership in the format as given in PART-II of Annexure III.
  5. After confirmation from associations, Divisional Office will approve the details and forward to DDO to make deductions from the pay roll of the employee. In case the confirmation of an employee is not accepted by the respective Association, the same will be intimated to the employee in ESS portal within two days and the employee will have the opportunity to exercise the option in favor of another association within three days of receipt of the said intimation.
  6. After above procedure is over, two statements as per DoP&T OM no.2/10/80-JCA dated 31.01.1994 will be generated quarterly for further record. Copies of statements is placed at annexure IV & V.
  7. The consent of employee for deduction of subscription will remain valid till altered or The revised option for deduction, if any, can be exercised only in the month of April each year to be effective from July of that year. The window for revised option will be opened in April each year. However, the option for withdrawal of membership can be submitted online between 01st to 15th of the quarter ending month i.e. by 15th June, 15th September, 15th December and 15th March.
  8. The enrolment process for the new employees will remain open throughout the year.

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Annexure-II

Standard Operation Procedure (SOP) for submission of letter of authorization for  GDSs for the purpose of verification of membership of GDSs Associations

  1. The GDS will submit their letter of authorization (as per PART-I of Annexure VI) to concerned account office for enrollment to the GDS Association and deduction of subscription, for the financial year, from the pay roll in favor of a particular GDS The application will be submitted from 01st April to 30th April.
  2. All the applications collected by Account Office will be forwarded to Divisional Office within first week of May in one bunch.
  3. The Divisional Office will online submit through the ESS Portal required details authorized by the GDS for deduction of subscription, for the financial year, from the pay roll in favor of a particular GDS association.
  4. The system will automatically consolidate the name of GDSs, association wise in the format as given in PART-I of Annexure-III.
  5. The Divisional Office will take a printout of the consolidated details association wise generated in the system and will confirm the same from the respective association for its membership in the format as given in PART-II of Annexure III.
  6. After confirmation from associations, Divisional Office will approve the details and forwarded to account office to make deductions from the pay roll of the GDS. In case the confirmation of an employee is not accepted by the respective GDS Association, the same will be intimated to the GDS manually within seven days and the GDS will have the opportunity to exercise the option in favor of another association within 14 days of receipt of the said intimation as brought out in Para (a) above.
  7. After above procedure is over, two statements as per DoP&T OM no.2/10/80-JCA dated 31.01.1994 will be generated quarterly for further record. Copies of statements is placed at annexure IV & V.
  8. The consent of GDS for deduction of subscription will remain valid till altered or The revised option for deduction, if any, can be exercised only in the month of April each year to be effective from July of that year. The GDS will submit his/her revised option in April each year. However, the option for withdrawal of membership will be submitted manually between 01st to 15th of the quarter ending month i.e. by 15th June, 15thSeptember, 15th December and 15th March.

 

Annexure-III

CONSOLIDATE LIST OF THE EMPLOYEES (ASSOCIATION WISE)

PART-I
S1.No. – Name of employee – Designation & employee code – Place of Postings – Association

 

 


PART -II

TO BE FILLED IN BY THE ASSOCIATION

      It is certified that above mentioned employees except the following (if applicable) are the members of_______________________________________________________________________  Association:-

Name of employees who are not members of   associations.

  1. ____________________________at SI. no.________________________________
  2. ____________________________at SI. no.________________________________

Name, Signature & Stamp

of the authorised Office Bearer

Annexure-IV

PROFORMA OF STATEMENT TO BE SENT BY DDO TO THE NODAL OFFICE

Sl. No. Category Total No. of employees in that category Name of the Association Membership as per check-off system Remarks
(1) (2) (3) (4) (5) (6)

 

Annexure-V

REGISTER TO BE MAINTAINED BY THE DDO

CATEGORY EMPLOYEES:_________________________________

S.No. Name Year______

Name of the

Association of which a Member

Bill
No.
Year______

Name of Association of which a Member

Bill
No.
Year______

Name of Association of which a member

Bill
No.
(1) (2) (3) (4) (5) (6) (7) (8)
 

 

Process flow for the DOP Employees to choose the Union/ Association membership Enrollment and and recovery of subscription.

Present Process (Manual)

Employees who want to be the member of any association, he has to fill the prescribed form and submit to Association secretary and Association will submit these form with list to Division Administration for further process. Divisional Administration then will send the details to DDO in a consolidated list for recovery of subscription .

 

Automated Process ( CSI Application)

The Above process can be automated in ESS portal (CSI)

  1. Approach 1 mentioned below for the Department employees
  2. Approach 2 mentioned below for GDS Employees

Approach 1 for Department  Employees

  1. Departmental Employees can use Employee Self Service portal to enroll himself to be a member of concerned Union/association and request for recovery of subscription.
  2. To enable this the ESS portal (CSI) requires minor modification like.. providing the selection of union/ Association option (presently not available) .
  3. The process flow for is noted below.
  4. The SOP (Annexure-1) is attached with this report

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Approach – 2 for GDS employees

  1. GDS employees can submit the Union/Association enrollment form to First Reporting authority (SPM/PM).
  2. Reporting authority login to ESS/MSS portal and data entries can be done on behalf of GDS
  3. Process flow noted below.

 

Requirements

  1. Approval for modification is ESS portal for Department employees and in MSS for Reporting authorities for GDS employees
  2. List of recognised Unions/ Associations cadrewise ( Gr A, Gr B, IP/ASP, Accounts, Gr C [PA/SA/SBCO/Postman/MTS] ) etc.,
  3. Subscription recovery can be monthly or annually as per approved process

 

Annexure-1

1. Employee has to login URL — https://sapep.indiapost.gov.in:8080/irj/portal Following screen will appear in the screen,

 

2. Enter the employee ID and Password then press login button, following screen will appear Select option Employee Payments option

3. Select Third party deductions option

4. Select Unions/Association subscription option from dropdown menu of contribution type

5. Enter the start date and End date,amount of subscription, membership number and select the union/Association from the list(dropdown menu presently not available)

6. Enter document name as Union/ Association membership form Then Upload scanned copy (PDF format) of membership form then click submit button

7.  After submission by the Employee, Data will flow to Division/ Region/ Circle administration for verification and approval.

8. Division/ Region/ Circle administration will verify the details and approve the request and submit to DDO.

9. DDO will authorise the request, data will flow to SAP Payroll module and recovery of subscription will effect from next month. Information will be visible in payslip of the employee.

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Annexure-I

Standard Operation Procedure (SOP) for submission of letter of authorization for regular employee for the purpose of verification of membership of Service Associations

Menu for verification for association can be provided in ESS portal which can be accessed by the employee concerned using his/her user id and password already provided to him/her.

2. On clicking the menu so provided, the employee will be re-directed to verification form page (Step-5*).

3. The employee will online submit required details authorizing his/her deduction of subscription, for the financial year, from the pay roll in favor of a particular service association.

Comments are as follows:

1  The form should be made simple in which minimum details should be entered through dropdown menu as it will be used by the employees from all posts and GDSs. There should be no need to enter the following details (in slide no.5 at P.345/c):

  1. Start date and End date: Only Financial year is required as per extant guidelines and amount is deducted from the next applicable month as per check off system.
  2. Amount of subscription: The association-wise data shall be provided by the SR Section, which is changed as per amendment of the constitution of Associations time to time. iii.Membership number: This should be generated by the system.
  3. Payee key: Not required in current system. CEPT may be requested to clarify its necessity.

2  List of applicant Associations along with their Distinct Category shall be provided by the SR Section, which can be changed in any time in accordance with CCS (RSA) Rules, 1993. Current list is placed at P.376/c for reference.

3  The word “union” should be removed from all slides of CEPT (at pp.344-345/c) as per CCS (RSA) Rules, 1993.

4  There should be no need to upload scanned pdf copy of membership form (in slide no.6 at P.345/c). However, this provision may be made optional.

5  After submission of details by an employee, a printable receipt h pdf format should be generated for record of the employee.

 

4.       The above details containing authorization of employee will reach the concerned Divisional Office electronically. The system will automatically consolidate the name of employees, association wise in the format as given in PART-I of Annexure-III.

Comment: 1. The details containing authorization of an employee should be reach:

  1. immediately to the concerned Divisional Head as for new registration for membership and on the first of next month from the last submission date to the concerned Divisional Head as for revision of membership.

5.       The Divisional Office will take a printout of the consolidated details association wise generated in the system and will confirm the same from the respective association for its membership in the format as given in PART-II of Annexure III.

Comment: Div. Head will scrutinize the letters of authorization in the presence of one representative from each of the Association. Since, the above case is applied during a verification process, the Div. Head may confirm the details from respective/particular association in normal course.

 

6.         After confirmation from associations, Divisional Office will approve the details and forward to DDO to make deductions from the pay roll of the employee. In case the confirmation of an employee is not accepted by the respective Association, the same will be intimated to the employee in ESS portal within two days and the employee will have the opportunity to exercise the option in favor of another association within three days of receipt of the said intimation.

The comments are as follows:

  1. Divisional Office should be replaced as Divisional Head (refer para 5.4 above).
  2. The committee has recommended three days to exercise the option in favour of another
    association, in case confirmation of membership of an employee is not accepted by the respective Association. It will not only cause great inconvenience to employees posted in partial compliant CSI Divisions but it also requires regular online checking of status of membership by employees. Further, there is guidelines for such time limits in CCS (RSA) Rules, 1993 et al.
  3. As per extant instructions, an employee, whose confirmation is not accepted, can resubmit
    letter of authorization in favour of another association in any month. Such case may be considered as new registration for membership. This will also cover those cases, in which employees select wrong associations for which they are not eligible to become member.

7.          After above procedure is over, two statements as per DoP&T OM no.2/10/80-JCA dated 31.01.1.994 will be generated quarterly for further record. Copies of statements is placed at annexure IV & V.

Comment: In annexureIV category means distinct category. The annexure-V is only applicable for deduction of annual subscription. At present, deduction of monthly subscription is in force (the relevant annexure may be referred). Therefore, the annexure-V needs to be modified in accordance with number of deductions in a financial year.

8.          The consent of employee for deduction of subscription will remain valid till altered or withdrawn. The revised option for deduction, if any, can be exercised only in the month of April each year to be effective from July of that year. The window for revised option will be opened in April each year. However, the option for withdrawal of membership can be submitted online between 01st to 15th of the quarter ending month i.e. by 15th June, 15th September, 15th December and 15th March.

The comments are as follows:

  1. An employee can submit option for withdrawal of membership in any month as per extant instructions (refer pt.4.2 above). Therefore, the details containing authorization of an employee should be reach immediately to the concerned DDO as for withdrawal of membership and the DDO shall stop the next deductions from the pay of the employee. However, an employee can revise his/her membership from 15‘ April to 30’1‘ April and can submit more than one application till 30th April therein. The last submitted application should be considered as final.

9.         The enrolment process for the new employees will remain open throughout the year.

10.        In order to duly remove any wrong/disputed entry of membership later, it is proposed that an extra access may be given to Head of Circle.

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Annexure-II

Standard Operation Procedure (SOP) for submission of letter of authorization for GDSs for the purpose of verification of membership of GDSs Associations

  1. The GDS will submit their letter of authorization (as per PART-I of Annexure VI) to concerned account office for enrollment to the GDS Association and deduction of subscription, for the financial year, from the pay roll in favor of a particular GDS association.
  2. All the applications collected by Account Office will be forwarded to Divisional Office within first week of the next month in one bunch.
  3. The Divisional Office will online submit through the ESS Portal required details authorized by the GDS for deduction of subscription, for the financial year, from the pay roll in favor of a particular GDS association. Comment: List of all applicant GDS Associations is provided by the SR section, which is updated time to time.
  4. The system will automatically consolidate the name of GDSs, association wise in the format as given in PART-I of Annexure-III.
  5. The Divisional Office will take a printout of the consolidated details association wise generated in the system and the Divisional Head will confirm the same from the respective association for its membership in the format as given in PART-II of Annexure III.
  6. After confirmation from associations, Divisional Head will approve the details and forwarded to account office to make deductions from the pay roll of the GDS. In case the confirmation of an employee is not accepted by the respective GDS Association, the same will be intimated to the GDS manually within seven days and the GDS will have the opportunity to exercise the option in favor of another association as brought out in Para (a) above.
  7. After above procedure is over, two statements as .per DoP&T OM no.2/10/80-JCA dated 31.01.1994 will be generated quarterly for further record. Copies of statements is placed at annexure IV & V. Comment: In annexure-IV category means distinct category. The annexure-V is only. applicable for deduction of annual subscription. At present, deduction of monthly subscription is in force (the relevant annexure may be referred). Therefore, the annexure-V needs to be modified in accordance with number of deductions in a financial year.
  8. The consent of GDS for deduction of subscription will remain valid till altered or The revised option for deduction, if any, can be exercised only in the month of April each year to be effective from July of that year. The GDS will submit his/her revised option in April each year. However, the option for withdrawal of membership will be submitted manually between 01st to 15th of the quarter ending month i.e. by 15th June, 15th September, 15th December and 15th March.

The comments are as follows:

  1. A GDS can submit option for withdrawal of membership in any month as per extant instructions (refer pt.4.2 above). Therefore, the details containing authorization of an employee should reach immediately to the concerned DDO as for withdrawal of membership and the DDO shall stop the next deductions from the pay of the employee.
  2. However, a GDS can revise his/her membership from I st April to 30th April and can submit more than one application till 30th April therein. The last submitted application should be considered as final.

10.       In order to remove any wrong/disputed entry of membership later, it is proposed that an extra access may be given to Head of Circle.