Saturday 27 October 2018

Veteran leader Sen passed away!

Comrade S.S.Sen Amar Rahe! 

It is our irreparable loss! Comrade Sen had active interaction with our members through his write ups in Pensioners Post recently! We share the grief and dip our flag in his honour! - KR GS AIPRPA


COM S.S, SEN, VETERAN P&T LEADER, EMERGENCY HERO AND WHISTLE BLOWER OF SDA IS NO MORE. HE PAASED AWAY IN BANGALORE AT 3-30 PM TODAY. HE WAS 86.
COM S. S. SEN LONG LIVE.
RCC( NER), COC(CGEs) & JCTU, ASSAM DIP THEIR BANNERS IN THE HONOUR OF COM SEN.
“That was the 6th day of November, 1975. Dark days of emergency imposed by Mrs Indira Gandhi were looming large over democratic movements of our country. One Police Inspector keeping his force outside entered into the then Sub Record Office at Guwahati under RMS ‘GH’ Division and took the chair in front of a young man working there and asked curiously “Are you Mr. ----?” With militant posture and uncompromising determination, the man just crossed his forty, instantly replied, “Yes, I am Mr Sudhendu Sekhar Sen whom you are searching for.”  The inspector with his regretful expression contended Com S S Sen (popularly known as Sudha Sen) that it was the order from the high echelons of power that he was bound to carry out and for that reason he should not be misunderstood. After completion of all formalities including permission from the Senior Superintendent, Com S S Sen was arrested and taken away to the Guwahati Central Jail. 
In the Central Jail were the galaxy of leaders of the P&T Trade Union movement already taken into custody; Com Bimal Kanti Gupta, CS of E IV, Com Jagadindra Bhattacharjee, CS E III, Com Hareswar Sarma, CS P III, Com Bhuban Chandra Das, CS P IV, Com Sankar Kumar Das, CS E III, Com Bhrigu Ram Lahkar, Asstt. CS P III and Com Prabin Chandra Boro, Secretary P&T LCC Guwahati. There in the Central Jail and elsewhere in Assam they had to wait for 15 to 19 months to get released from jail until the emergency was lifted. After the release from the jail also they were not spared. All of them were transferred to the remotest hilly corners of the North Eastern Region, only to be brought back when the Janata Government came to power in 1977.
Perhaps this is the unmatched chapter of the history of the trade union movement in the central government employees’ front where as many as 8 (Eight) top leaders were put into jail with an intention to crush the democratic trade union movement. Needless to say that second union (FNPTO) in the P&T was formed with the government’s patronage to sabotage the historic 1968 central government employees’ strike. Government tried to form the union in the NE Region also but could not get inroad even after putting the entire top leadership behind the bar. Rock like unity of the workers at the ground level remained intact throughout the emergency regime and all the jailed leaders were re-elected to their respective positions in the union hierarchy as and when the conferences were due and held amidst prevailing situation. These leaders were also amongst the galaxy of leaders of Central including Railways, State, Insurance and Banking sectors who were instrumental in formation of the JOINT COUNCIL OF TRADE UNIONS, ASSAM in 1973 through a massive convention of workers in Guwahati inaugurated by Com KG Bose and also attended by George Fernandez. Com Jagadindra Bhattacharjee along with Com Achyut Deka of LIC took the mantle of this joint forum as first Joint Convenors. Later on the JCTU, Assam withstood the test of time and created many histories in the trade union movement in Assam. That legacy has still been continued.   
In the early 1990s also Regional Co-ordination Committee of P&T Employees Unions (NFPE), North East Region with Comrade S S Sen as Convenor again made history by orgainising the longest ever successful strike of the white colour employees in the history of India demanding Special (Duty) Allowance. The strike started on 15 November, 1991 under the leadership of RCC of P&T Employees Unions, NE Region to end the discrimination by implementing court judgment. The entire RCC leadership including Com SS Sen, Com J Bhttacharjee, Com RP Sarma, Com Sasadhar Deb, Com BC Das, Com SK Das, Com MR Das, Com JN Mishra exhibited the exemplary leadership quality to continue the strike with tactical perfectness and extreme patience. No door of any Post Office and RMS Office was opened for long 38 days up to 22 December, 1991 until an Agreement was signed between NFPE and the Department of Posts in presence of Minister for communications. Subsequently the discrimination was ended and SDA was granted to all CG employees of NE Region irrespective of transfer liabilities.”
REST ASSURED COM S. S. SEN.
WE VOW TO CARRY FORWARD THIS LEGACY!

Friday 26 October 2018

Senior leader comrade Thanjai Sadasivam passed away!


Comrade Thanjai Sadasivam our Tamilnadu State Working President of AIPRPA at the age of 95 has breathed his last today (27.10.2018) at  about 5.30 A.M. Comrade Sadasivam was the Circle President of P4 Tamilnadu for long time. A militant trade unionist from the beginning, he led many struggles of postal and telecommunications workers. He was closely associated with leaders comrade AGP, Adi and Prem. He attended our AIPRPA State Conference and one or two Working Committees also. A guide and philosopher for the postal trade union movement even after his retirement is no more. We all suffered an irreparable loss in his departure. His funeral will be on tomorrow morning at Thanjavur. We dip our banner in his honour and memory! Comrade Thanjai Sadasivam amar rahe!

Tuesday 23 October 2018

Pensioners Post October issue despatch soon!

Pensioners Post October issue on time! 



The 'October' issue of 'Pensioners Post' is gone for print. On 27th as usual the issue will be despatched. The continuation of article on "State of Pension in European Countries" touching two nations 'Belgium' and 'Bulgaria' is coming up. Other issues relating to '30th June Retirees get ready for a legal fight';  Pensioners Beware of Rights on an important case; AIPRPA addressing PM on CGHS; Unjustified Preclusion of Compulsory retired from all benefits; and some other usual write ups are added in this month issue. The front wrapper is as follows - KR Editor PP

Monday 22 October 2018

NCCPA Circular


Dear Comrades! Please go through the NCCPA Circular. It is placed for the consumption of our AIPRPA leaders at all levels. They are free to express their opinion by email to CHQ AIPRPA, which will be communicated to NCCPA

- KR GS AIPRPA

Published hereunder Circular Letter of NCCPA addressed to All affiliates and State Units

Dear Comrade,

Kindly refer to the decisions we had at our National Executive meeting held at Chennai on 05.08.2018.. In accordance with the deliberations, we have contacted advocates over the filling petition before CAT Delhi, in the matter of MACP and Option No.1. In so far as MACP is concerned, as per the advise tendered,   we have placed a write up on our website last month. The same is being published the in this bulletin. We request to the effect, comrades to response to that letter immediately.

In respect of Option No.1; there are two possibilities. To file a petition challenging the very decision of the Govt in the rejection of the Pay Commissions Recommendation is one possibility. Another is to file a petition by the aggrieved pensioners, who lost out monetarily due to the stand taken by the Govt.

The CGPA Kerala has given a case of individual comrades, who had lost out in the process. We waited some more identical cases to make a comprehensive petition before the Tribunal.

In the last Central Working Committee meeting has reported earlier to interpretation emerged of what Option No. 1 is. The advice we received from our advocate is to subject the two interpretations to judicial scrutiny when we challenged the order.  What is specifically needed is to provide to examples of pension fixations computed on the bases of the two interpretations.

Kindly favour US with copies of petitions by the affected comrades through email to proceed furthe in the matter.

With greetings.
Yours fraternally
KKN Kutty
Secretary General


Monday 8 October 2018

Annual Increment for 30th June Retired Pensioners

Honble Madras High Court ordered in favour of notional increment for 30th June Retiree Pensioners.

Hon'ble Supreme Court also dismissed the SLP filed by the Government.

We are eligible for increment of 1st July even though we are retired on 30th June.

The model representation as under may be sent to the respective Divisional Heads by all the eligible Pensioners retired on 30th June after 1.1.2006 without the benefit of increment due on 1st July.

Submit the representation under Speed Post or Registered Post AD and paste the Post Office Receipt on the copy of the application and send a photocopy to AIPRPA CHQ by Post or by scanned copy to the email of CHQ (aiprpachq@gmail.com) 

This is must before we resort of legal battle if necessary


MODEL APPLICATION FOR PENSIONERS RETIRED ON 

30th JUNE AFTER 1.1.2006 TO REPRESENT FOR GRANT 

OF NOTIONAL INCREMENT ON THE DAY OF

 RETIREMENT
From
___________________
___________________
___________________

To
___________________
___________________
___________________

Sir,
Sub: Revision of my Pension after granting increment falling on 01.07.______
Ref: Orders passed by Hon’ble Madras High Court in W.P.No.15732 of 2017.

I superannuated from the Department of Post as a _________________________I _________ on _____________. I was not given an increment due for my service in Department between 01.07._____ and 30.06.________ as I superannuated on 30.06._________ immediately before the date in which annual increments are credited to Central Government Employees i.e. 01st July. But recently the Hon’ble Madras High Court vide its orders dated 15.09.2017 in W.P No.15732 of 2017 titled “P.Ayyamperumal – Vs – The Registrar CAT Chennai and Others” has directed the Government of India to grant annual increments falling on 01st July of the year to employees who superannuated on 30th June of the relevant year.

Therefore I request your goodself to extend the benefits arising out of the above judgment and grant me my annual increment for the year _________ and consequently re-fix my pension will all attendant benefits.
Yours Faithfully,

(                          )
Encl: A copy of the Orders passed by the Hon’’’ble Madras High Court in W.P No.15732 of 2017.
Place:
Date:


For downloading Judgment please copy and paste the link below in the address bar:
https://docs.google.com/document/d/1wDExTDJ3TtoB0rUIsfc5HyazY6mnZrxtuRE5uYgh3Xc/edit

Thursday 4 October 2018

Urgent Action Required Please!

Attention - State General Secretaries & District / Divisional Secretaries of AIPRPA!


The AIPRPA CHQ requests the following details urgently:

1) State General Secretaries: Please immediately send the mailing list (postal addresses) of district / divisional secretaries to CHQ by email. (aiprpachq@gmail.com). This is urgent.

2) District / Divisional Secretaries: Please remit quota to CHQ @ 50/- per member; application form of members with 10/- enrollment fee per member. Remit the amount separately by two pay in slips in CHQ SB Account in POSB North Avenue P.O. New Delhi 110001 (SB a/c in joint a/c of  Sankarpal Singh & K.Ragavendran; No: 3175127657) under intimation to CHQ by email or whatsapp .

3) District / Divisional Secretaries: Expedite remittance of 350/- towards News Letter 5 copies by EMO only  to K.Ragavendran 2/44, Muthial Chetty Street, Purasawalkam, Chennai 600007. Kindly do this within a week.

K.R GS AIPRPA.

Wednesday 3 October 2018

IMPORTANT INSTRUCTIONS FOR MACP




AIPRPA (CHQ)
Guidelines for MACP Requests from 1.1.2006

  
Dear CHQ Office Bearers / State General Secretaries / District / Divisional Secretaries
AIPRPA

Dear Comrades,

NCCPA is taking efforts to file a court case to advance the date of implementation of MACP from 1.1.2006 as already the Defense Employees have been given the benefit as per the Judgment of Supreme Court. Already in the websites of AIPRPA and NCCPA we have placed the model application form to be sent by individual pensioners who are eligible to the advancing of MACP. But we the Postal Pensioners should keep the following points in mind:
Points to be kept in mind: We, the Postal  Employees / Pensioners were covered by TBOP / BCR Schemes earlier. More over there are two categories amongst us viz., the Direct Recruits and Promotees. There are two types of Promotees also viz., the lower grade officials directly becoming PA/SA; and the MTS becoming Postman / Mailguard first and then becoming PA/SA secondly. In addition there is one more category of staff who retired before 1.9.2008 and by virtue of their total service of 30 years put in before their retirement are eligible for one more MACP between 1.1.2006 and the date of retirement before 1.9.2008.
Important Point: As the issue of 3 MACPs after their Promotion to another cadre through competitive examinations is still not sorted out as we are anticipating yet a speaking order from the Supreme Court, time being the Promotees have to contend with the existing reality.
There are  4 Model Representations placed hereunder.
Model 1: For Direct Recruits.
Model 2: For Group D or MTS / Postman / Mailguard became PA/SA directly.
Model 3: For Group D or MTS becoming Postman / Mailguard first and then PA/SA secondly.
Model 4: For those Pensioners who retired between 1.1.2006 and 1.9.2008 but drawn their TBOP/BCR before 1.1.2006 and by virtue of their service of 30 years put in before their retirement so that eligible for MACP between 1.1.2006 and  1.9.2008.
Point not to be forgotten: At the same time all should keep in mind that MACP is eligible only for those Pensioners who were retired after 1.1.2006. For those who retired prior to 1st January 2006 are not covered under MACP Scheme.
·         Note 1: AIPRPA rank and file leaders are requested to guide the eligible Pensioners correctly keeping in mind the above separate representation forms for each.

·         Note 2: The Model Representations may require to be slightly altered for some Pensioners if any difference in their cases exist. Suitable alternations may be made by them in their representations if needed. We have provided Model Representations for all general cases.

·         Note 3: After applying to their respective Divisional Heads (SSPOs / SSRMS etc) through Speed Post or Registered Post AD, Keep the records safe. Take a photocopy and attach with the details before sending to CHQ of AIPRPA.
K.Ragavendran
-          GS AIPRPA

Representation Model - 1

From                                        

……………………………………..
…………………………………….,
………………………………………
………………………………………

To

………………………………………
…………………………………..
………………………………………
……………………………………


Respected Sir,

                    Sub: Request for advancing of date of effect of MACP granted to me after 1.9.2008.

          I humbly submit the following to your sympathetic consideration and favourable order:

  
  I was appointed as …………………………..(PA/SA/POSTMAN/MG/MTS) on ……………….. at ………………………  The TBOP /BCR financial up gradation which was in vogue until 31.08.2008 was withdrawn and replaced by Modified ACP w.e.f. 01/09/2008.  I was granted financial upgradation  in my service as follows:


                              TBOP / I MACP  on ……………………….
                              BCR   / II MACP  on ……………………….
                                          III MACP  on ………………………

     I retired from service on …………………. on superannuation/voluntary retirement/invalidation. I have since been drawing Pension from………………………….PO under ………………………HO.

     While pay of the Central Government employees was revised w.e.f. 1.1.2006 on the recommendations of the Sixth pay commission, the modified ACP was implemented prospectively from 1.9.2008 from when revised allowances were given effect.

    I would like to draw your kind attention to the Judgment of Hon’ble Supreme Court  which, in the case of UOI vs Sri Balbir Singh dated 08/12/2017, has held that MACP is not allowance and is to be treated as pay related only.. So the MACP should be implemented from 1.1.2006, the Court ruled, as was done in the case of Revised Pay.  Complying with the Judgment of the Hon’ble Supreme Court of India, the Government of India, vide its order in 14(1)99-D(AG) dated 25/07/2018, has implemented it for the Defence employees w.e.f. 1.1.2006. The Judgment of the Supreme Court is applicable to both the Civilian and Defence employees equally. Limiting its implementation to Defence personnel alone is discriminatory and violative of Article 14 of the Constitution of India. Accordingly, as Civilian employee, I am also entitled to the benefit of the Judgment of the Supreme Court vis-à-vis the implementation of MACP.

    I was granted I/II/III  MACP after 1.9.2008  i.e. on ………………  even though I had completed 10/20/30 of service on ……………………….. falling between 1.1.2006 and 31.08.2008. Hence the date of effect of my l/ll/lll MACP should be from …………………….

      I shall be grateful if the judgment of the Hon’ble Supreme Court in respect of MACP is made applicable to me  and my l/ll/lll MACP granted already advanced to ……………… instead of ……………………..

    I request that the arrears of pay and pension arising out of the advancing of the MACP as above may kindly be drawn for which I shall be ever grateful Sir.

Thanking you,


Date :                                                                                                                        Yours faithfully,
Place:


 Representation Model - 2


From

……………………………………..
…………………………………….,
………………………………………
………………………………………

To

………………………………………
…………………………………..
………………………………………
……………………………………


Respected Sir,

              Sub: Request for advancing of date of effect of MACP granted  to me after 1.9.2008.

         I humbly submit the following to your sympathetic consideration and favourable order:

       I was appointed as …………………………..(Group D or MTS / POSTMAN / MAILGUARD) on ……………….. at ……………………….  The TBOP /BCR financial up gradation which was in vogue until 31.08.2008 was withdrawn and replaced by Modified ACP w.e.f. 01/09/2008.  I earned Promotion and was granted financial up gradation  in my service as follows:


                              Promotion to PA/SA (Counted as I MACP)    on ……………………….
                                                                       TBOP   / II MACP   on ……………………….
                                                                                    III MACP    on ………………………

    In the case of promoted officials like me in this case, the next MACP is granted at the end of completion of ten years of service in the promoted cadre or on completion of 20/30 years of service from the date of entry into service whichever date is earlier.

     I retired from service on …………………. on superannuation/voluntary retirement/invalidation. I have since been drawing Pension from………………………….PO under ………………………HO.

     While pay of the Central Government employees was revised w.e.f. 1.1.2006 on the recommendations of the Sixth pay commission, the modified ACP was implemented prospectively from 1.9.2008 from when revised allowances were given effect.

    I would like to draw your kind attention to the Judgment of Hon’ble Supreme Court  which, in the case of UOI vs Sri Balbir Singh dated 08/12/2017, has held that MACP is not allowance and to be treated as pay related only. So the MACP should be implemented from 1.1.2006, the Court ruled, as was done in the case of Revised Pay.  Complying with the Judgment of the Hon’ble Supreme Court of India, the Government of India, vide its order in 14(1)99-D(AG) dated 25/07/2018, has implemented it for the Defence employees w.e.f. 1.1.2006. The Judgment of the Supreme Court is applicable to both the Civilian and Defence employees equally. Limiting its implementation to Defence personnel alone is discriminatory and violative of Article 14 of the Constitution  of India. Accordingly. as Civilian employee, I am also entitled to the benefit of the Judgment of the Supreme Court  vis-à-vis the implementation  of MACP.

    I was granted II/III  MACP after 1.9.2008  i.e. on ………………  even though I had completed the qualifying service for the said MACP on ……………………….. falling between 1.1.2006 and 31.08.2008. Hence the date of effect of my ll/lll MACP should be from …………………….

      I shall be grateful if the Judgment of the Hon’ble Supreme Court in respect of MACP is made applicable to me  and my ll/lll MACP granted already advanced to ……………… instead of ……………………..

    I request that the arrears of Pay and Pension arising out of the advancing of the MACP as above may kindly be drawn for which I shall be ever grateful Sir.

Thanking you,


Date :                                                                                                                        Yours faithfully,
Place:



 Representation Model - 3

  
From

……………………………………..
…………………………………….,
………………………………………
………………………………………

To

………………………………………
…………………………………..
………………………………………
……………………………………


Respected Sir,

                 Sub: Request for advancing of date of effect of MACP granted to me  after 1.9.2008.

          I humbly submit the following to your sympathetic consideration and favourable order:

         I was appointed as Group D / MTS on ……………….. at ……………………….  The TBOP /BCR financial up gradation which was in vogue until 31.08.2008 was withdrawn and replaced by Modified ACP w.e.f. 01/09/2008.  I earned Promotion and was granted financial up gradation in my service as follows:


      Promotion to Postman/Mail guard (Counted as  I MACP)   on ……………………….
      Promotion to PA / SA                       (Counted as II MACP)   on ……………………….
                                                                                   III MACP    on ………………………

    In the case of promoted officials like me in this case, the lll MACP is granted at the end of completion of ten years of service in the last promoted cadre or on completion of 30 years of service from the date of entry into service whichever date is earlier.

     I retired from service on …………………. on superannuation/voluntary retirement/invalidation. I have since been drawing Pension from………………………….PO under ………………………HO.

     While pay of the Central Government employees was revised w.e.f. 1.1.2006 on the recommendations of the Sixth pay commission, the modified ACP was implemented prospectively from 1.9.2008  from when Revised allowances were given effect.

    I would like to draw your kind attention to the Judgment of Hon’ble Supreme Court  which, in the case of UOI vs Sri Balbir Singh dated 08/12/2017, has held that MACP is not allowance and is to be treated as pay related only. So the MACP should be implemented from 1.1.2006, the Court ruled, as was done in the case of Revised Pay.  Complying with the Judgment of the Hon’ble Supreme Court of India, the Government of India, vide its order in 14(1)99-D(AG) dated 25/07/2018, has implemented it for the Defence employees w.e.f. 1.1.2006. The Judgment of the Supreme Court is applicable to both the Civilian and Defence employees equally. Limiting its implementation to Defence personnel alone is discriminatory and violative of Article 14 of the Constitution  of India. Accordingly. as Civilian employee, I am also entitled to the benefit of the Judgment of the Supreme Court  vis-à-vis the implementation  of MACP.

    I was granted the III  MACP after 1.9.2008  i.e. on ………………  even though I had completed the qualifying service for the said MACP on ……………………….. falling between 1.1.2006 and 31.08.2008. Hence the date of effect of my lll MACP should be from …………………….

      I shall be grateful if the judgment of the Hon’ble Supreme Court in respect of MACP is made applicable to me  and my lll MACP granted already advanced to ……………… instead of ……………………..

    I request that the arrears of pay and pension arising out of the advancing of the MACP as above may kindly be drawn for which I shall be ever grateful Sir.

Thanking you,


Date :                                                                                                                        Yours faithfully,
Place:


 Representation Model - 4

From

……………………………………..
…………………………………….,
………………………………………
………………………………………

To

………………………………………
…………………………………..
………………………………………
……………………………………


Respected Sir,

                    Sub: Request for grant of l/ll/lll MACP to which the retired officials become eligible   
                             between 1.1.2006  and 1.9.2008.

          I humbly submit the following to your sympathetic consideration and favourable order:

  
  I was appointed as …………………………..(PA/SA/POSTMAN/MG/MTS) on ……………….. at ………………………  The TBOP /BCR financial up gradation which was in vogue until 31.08.2008 was withdrawn and replaced by Modified ACP w.e.f. 01/09/2008.  I was granted financial upgradation  in my service as follows:


                              TBOP / I MACP  on ……………………….
                              BCR   / II MACP  on ……………………….
                                         
     I retired from service on …………………. on superannuation/voluntary retirement/invalidation. I have since been drawing Pension from………………………….PO under ………………………HO.

     While pay of the Central Government employees was revised w.e.f. 1.1.2006 on the recommendations of the Sixth pay commission, the modified ACP was implemented prospectively from 1.9.2008 from when revised allowances were given effect.

    I would like to draw your kind attention to the Judgment of Hon’ble Supreme Court  which, in the case of UOI vs Sri Balbir Singh dated 08/12/2017, has held that MACP is not allowance and is to be treated as pay related only.. So the MACP should be implemented from 1.1.2006, the Court ruled, as was done in the case of Revised Pay.  Complying with the Judgment of the Hon’ble Supreme Court of India, the Government of India, vide its order in 14(1)99-D(AG) dated 25/07/2018, has implemented it for the Defence employees w.e.f. 1.1.2006. The Judgment of the Supreme Court is applicable to both the Civilian and Defence employees equally. Limiting its implementation to Defence personnel alone is discriminatory and violative of Article 14 of the Constitution of India. Accordingly, as Civilian employee, I am also entitled to the benefit of the Judgment of the Supreme Court  vis-à-vis the implementation  of MACP.

     I was due for l/ll/lll MACP on………………….after completion of 10/20/30 years of service. As the MACP was implemented from 1.9.2008, I could not have the benefit of my due MACP on………….. but had to retire without it. In the backdrop of the verdict of the Supreme Court, the officials who had retired from service between 01.01.2006 and 31.08.2008 also become eligible for the MACP due from the day of their eligibility if they had completed 10/20/30 years of service in the period between 01.01.2006 and 31.08.2008 .  I had completed 10/20/30 years of service on …………… which make me eligible for l/ll/lll MACP from ………………..  

                Hence I request that l/ll/lll MACP may be granted to me from…………………..

      I shall be grateful if the judgment of the Hon’ble Supreme Court in respect of MACP is made applicable to me and MACP granted.

    I request that the arrears of pay and pension arising out of the advancing of the MACP as above may kindly be drawn for which I shall be ever grateful Sir.

Thanking you,


Date :                                                                                                                        Yours faithfully,
Place: