EDITORIAL POSTAL CRUSADER FOR THE MONTH OF THE APRIAL 2013

FIRST AIC OF THE GDS AND OUR TASK AHEAD

Nobody can deny the fact that Gramin Dak Sevaks are an integral part of NFPE. The Government of India and the Postal bureaucracy tried its best to divide departmental employees and GDS. The leadership of the so-called recognized union utilized this opportunity and took advantage of the situation to create a permanent division between GDS and NFPE by raising cadre sentiments, which NFPE never cultivated. The intention was very clear; nothing but to keep the control of the biggest union of GDS in their hands forever and utilize it for their own vested interests. They thought that the down trodden GDS are all fools and they may not understand the hidden agenda of the leadership. But the GDS proved that they are more intelligent than the leadership and refused to become prey for their nefarious game. GDS loved NFPE like anything. They continued their fight against the anti-NFPE Leadership within the union for upholding the pride and prestige of NFPE. When their voices were suppressed and democratic elections to change the leadership were prevented by undemocratic methods, majority of them walked out and formed a new-union called AIPEU-GDS (NFPE), to decide their own destiny.

The new GDS (NFPE) union was born in the month of April 2012. Within a short period of ten months, it’s growth is tremendous and amazing. The 1^st AIC held at Chennai from 2013 March 21^st to 22^nd was the manifestation of its glittering organisational advancements. The huge participation of more than 1000 delegates and visitors from all the 22 circles has proved beyond any doubt that the vast majority of the GDS are with GDS (NFPE) Union and remaining GDS shall also join the GDS (NFPE) union in the near future itself. Eleven out of the 15 All India office bearers who were in the so-called recognized union before the Amaravathi AIC, have joined the new union. All the circles and including the major circles are also with the new union. As one of the Ex-All India office bearer of Mahadevaiah Group who joined the GDS (NFPE) union alongwith his followers during the 1^st AIC has correctly stated in his speech “The leader of the so-called recognized union is a liar and he is deliberately trying to misguide the GDS.”

The deliberations and decisions of the GDS AIC has paved wary for serious programme of action culminating in indefinite strike. The AIC categorically declared that the GDS (NFPE) shall implement all the programmes and decisions of NFPE and Confederation. The main demands of the GDS union and NFPE is Departmentalization of GDS and grant of civil servant status. This alone can ensure the total emancipation of GDS. Secondly the AIC demanded that the GDS should also be included under the purview of Seventh Central Pay Commission and 50% merger of DA should be granted to GDS also. The leadership of Confederation, NFPE and GDS (NFPE) Union unanimously declared in the AIC that if the Government refuse to include GDS under the purview of Seventh CPC, there will be an indefinite strike of all Central Government Employees including Postal employees. The Charter of demands was discussed and approved by the AIC which includes other demands such as pro rata wages, Scraping of “Engagement “ clause, Statutory minimum pension of Rs. 3500/-, raising of bonus ceiling to 3500/-, Reduction of cash handling and stamp sale norms, Full protection of TRCA, Removal of 50 points condition for compassionate appointments, medical reimbursement scheme, six months maternity leave and child care leave, grant of full trade union facilities, grant of facility for request transfer from one post to another, three time bound promotions, grant of advances, stop combination of duties, liberalise conditions for appearing in PA examination and ear-mark 20% PA/SA vacancies to GDS, remove ceiling limit of Rs. 50/- per month for cash allowance, provide norms for all work including MNREGS, payment of BO rent by department,  stop redeployment to far-off places, Children, Education Allowance, Leave Travel Concession etc.

During the last thirteen years, since the formation of the so-called recognized union, the Gramin Dak Devaks lost many of their hard-earned benefits. The new GDS (NFPE) union has to conduct struggle under the banner of NFPE for restoration of these benefits including 3500/- Bonus parity and also conduct higher from of trade union action including indefinite strike for conferment of civil servants status and grant of all consequential benefits of departmental employees.

Now that the new GDS (NFPE) Union has become the biggest GDS Union and the real representative of the GDS, those who have hesitated to support the new union, shall come forward to extend fullest support to it. The animosity atmosphere between GDS and departmental employees (GDS & NFPE) has been vanished and a new era of unity and cooperation has born. Let all our Circle/Divisional Secretaries of all NFPE affiliated unions shall come forward to strengthen further the GDS (NFPE) union let us also join all struggles for the cause of Gramin Dak Sevaks.

UNAUTHORISED ABSENCE FROM DUTY – CONSOLIDATED INSTRUCTIONS RELATING TO ACTION WARRANTED AGAINST GOVERNMENT SERVANTS REMAINING AWAY FROM DUTY WITHOUT – AUTHORISATION / GRANT OF LEAVE

No. 13026/3/2012-Estt (Leave)

Government of India

Ministry of Personnel, P.G. & Pensions

(Department of Personnel & Training)

New Delhi, the 28th March, 2013.

OFFICE MEMORANDUM

Subject:- Consolidated instructions relating to action warranted against Government servants remaining away from duty without – authorisation/grant of leave — Rule position

The undersigned is directed to say that various references are being received from Ministries/Departments seeking advice/post facto regularisation of unauthorised absence. It has been observed that due seriousness is not being accorded by the administrative authorities to the various rule provisions, inter alia under the CCS(Leave) Rules, 1972, for taking immediate and appropriate action against Government servants staying away from duty without prior sanction of leave or overstaying the periods of sanctioned leave. It is reiterated that such absence is unauthorised and warrants prompt and stringent action as per rules. It has been observed that concerned administrative authorities do not follow the prescribed procedure for dealing with such unauthorised absence.

2.       In view of this, attention of all Ministries/Departments is invited to the various provisions of the relevant rules, as indicated in the following paragraphs for strict adherence in situations of unauthorised absence of Government servants. It is also suggested that these provisions may be brought to the notice of all the employees so as to highlight the consequences which may visit if a Government servant is on unauthorised absence. The present OM intends to provide ready reference points in respect of the relevant provisions, hence it is advised that the relevant rules, as are being cited below, are referred to by the competent authorities for appropriate and judicious application. The relevant provisions which may be kept in mind while considering such cases are indicated as follows:

(a) Proviso to FR 17(1)

The said provision stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.

(b) FR 17-A

The said provision inter alia provides that where an individual employee remains absent unauthorisedly or deserts the post, the period of such absence shall be deemed to cause an interruption or break in service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession and eligibility for appearing in departmental examinations, for which a minimum period of service is required.

(c) Rule 25 of the CCS (Leave) Rules, 1972

The said provision addresses the situation where an employee overstays beyond the sanctioned leave of the kind due and admissible, and the competent authority has not approved such extension. The consequences that flow from such refusal of extension of leave include that:

     i the Government servant shall not be entitled to any leave salary for such absence;

    ii the period shall be debited against his leave account as though it were half pay leave to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave

    iii wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.

With respect to (iii) above, it may be stated that all Ministries/ Departments are requested to ensure that in all cases of unauthorised absence by a Government servant, he should be informed of the consequences of such absence and be directed to rejoin duty immediately/ within a specified period, say within three days, failing which he would be liable for disciplinary action under CCS (CCA) Rules, 1965. It may be stressed that a Government servant who remains absent without any authority should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribed under the various provisions of CCS (Leave) Rules, 1972 and the disciplinary case should be conducted and concluded as quickly as possible.

(d) Rule 32(6) of the CCS (Leave) Rules, 1972

This provision allows the authority competent to grant leave, to commute retrospectively periods of absence without leave into extraordinary leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision also exists under rule 27(2) of the CCS (Pension) Rules, 1972. It may please be ensured that discretion allowed under these provisions is exercised judiciously, keeping in view the circumstances and merits of each individual case. The period of absence so regularised by grant of extra ordinary leave shall normally not count for the purpose of increments and for the said purpose it shall be regulated by provisions of FR 26(b(ii).

3. All Ministries/ Departments should initiate appropriate action against delinquent Government servants as per rules.

4. Hindi version will follow.

Sd/-

(Mukesh Chaturvedi)

Deputy Secretary to the Govt. of Indi