Draft format of Representation against proposed RRs of PS Group "B"
From,
______________________________ (Name)
______________________________ (Cadre)
______________________________ (office Name)
Pincode _________________________
_________________________________ Division
To,
The Secretary (Posts)
Department of Posts
Dak Bhawan, New Delhi – 110 001
Through Proper Channel Copy/Advance copy
No. ____/PF/PS Group B RR amendment dlgs dated 20.11.2024
Subject: Submitting the strong resentment and objection as a stakeholder against the retrograde and career spoiling proposed amendments in the PS Group B Recruitment Rules 2024 with request to increase the PS Group B LDCE quota share from 6% to 25% to the feeder cadre Selection Grade Supervisors – Reg
Reference: Postal Directorate OM No 9-14/2010-SPG(Vol II) dated 13.11.2024
Respected Madam,
A kind reference is invited to the OM cited above, through which draft PS Group B Recruitment Rules 2024 were placed in the public domain for inviting comments from the stakeholders. In this connection, as a stakeholder Clerical Line Supervisory cadre official, I would like to submit the following genuine grounds for your kind perusal and immediate intervention to take the suitable action to protect the interests of all the stakeholders and to render justice.
2. First of all, on perusal of the OM under reference, it is noticed that the Department has not mentioned any reasons in that OM for abolishing the 25% examination quota in that 6% quota reserved to me. Without knowing the exact reasons, it is not possible for anyone to comment on the proposal made by the Department. Further, it is also incumbent upon the Administrative Department to indicate the reasons for making amendments in the existing RRs at the time of submission of proposal to the DoPT/UPSC as per the Para No 4.1 of DoPT OM No AB.14017/48/2010-Estt.(RR) dated 31.12.2010. Therefore, I request the Hon’ble Secretary Posts madam to kindly disclose the reasons to everyone for proposing the above amendments through public domain for better understanding and to offer further comments on the proposal. Hence I reserve my rights to represent adduce to the reasons if any circulated by the Postal Directorate
3. At the outset, I strongly oppose the proposal of the Department to hand over my 6% share to the Inspector line officials by making 100% PS Group B cadre promotions to the Inspector Posts line officials through DPC mode only by shutting down the promotional opportunity given to the Clerical Line Supervisory cadre officials. Such retrograde proposed amendments will not be accepted at all for all of a sudden without mentioning any reasons. Though Inspector Line official’s 19% Exam quota is also proposed for abolition, such PS Group B cadre promotion rights of Inspector Posts line officials are ensured in other ways through Seniority quota. But for Clerical Line Selection Grade Supervisors, it was proposed to shut down the entire PS Group B cadre promotion opportunity to the Selection Grade Supervisors which was enjoyed by the past 37 years.
4. Before coming into the existence of present PS Group ‘B’ Recruitment (Amendment) Rules, 1993, the Principal RRs i.e Postal Superintendent / Postmasters Group ‘B’ Recruitment Rules, 1987 were framed on 11.03.1988 by providing 94% promotion through DPC from Inspector line officers and 6% promotion through LDCE from General Line officials. Later, the Department had revisited the existing RRs and felt the necessity of introducing the LDCE for Inspector line officers also. Accordingly, the Department had brought amendment on 29.06.1994 to the existing RRs and made Postal Service Group ‘B’ Recruitment (Amendment) Rules, 1993 and introduced LDCE for Inspector Line officers also by carving out 19% from the existing 94% DPC quota and kept the 6% LDCE quota for Supervisors Line officials.
5. The LDCE was continued unabated from the year 1987 to till date i.e nearly for more than 37 years. Further, the Department also proposed to continue the 25% LDCE quota to Clerical Line Supervisory cadre officials through the OM No 9-14/2010-SPG dated 03.04.2019. But, now suddenly it was proposed to scrap the LDC Exam opportunity to the devoted Postmasters for the reasons best known to the Department. No drastic changes occurred from the year 2019 to 2024 to scrap the LDC Exam opportunity to the Supervisors line officials. In fact after the introduction of CBS, CIS, CSI almost all the workload of PS Group B gazetted officers, audit officers, DPS even PMG level work are taken away from the administrative officials and dumped upon the heads of Feeder cadre Postmasters like handling PLI/RPLI policy approval, maintenance, maturity claim sanction, Savings Bank claim sanction, Inoperative accounts sanction, Senior Citizen welfare funds accounts sanction, SBCO auditing work, Accounts branch and even ATM centers management. After this much workload was additionally attached upon the Heads of Postmaster from 1987 to till date, snatching away their benefits in return is an inhuman attack unleashed against each and every Postmasters. Postmasters are the front runners implementing each and every flagship project of our Department. Middle level Administrative offices are functioning as a transit office by just forwarding the instructions from the Postal Directorate to Post offices. But Postmasters are only implementing those projects in true spirit and achieving the targets also. But in return, though the Postal Department has not raised the Pay level for such mounting workload for the past 30 years, coming up with a sword of abolishing the existing PS Group B promotional opportunity also means, it is humiliating the hard work of the devoted Selection Grade Supervisors and the Department is trying to add salt to the burning wound of the Postmasters. So we request the Secretary Posts madam to show some mercy upon the devoted Postmasters who are working day and night to keep up the glory of our esteemed Department.
6. Further, it is observed from the following actions of the Department and observations from the Hon’ble Ernakulam judgement dated 27.09.2024 in OA Number 604/2023 and other court cases that Postal Directorate showing mercy only upon the DPC quota promotions and treating the LDCE quota aspirants otherwise,
a) In PS Group B LDC Exam 2023 notification, the then Postal Directorate authorities had not disclosed the LDC Exam vacancies for the year 2023. Without announcing the vacancies to the LDCE quota, behind the back they had taken up a proposal to the DOPT to fill up all the 225 newly upgraded PS Group B posts through DPC mode only without the consent of stakeholders and stakeholder supervisors Association why because in that 6% quota posts were reserved to me and the Supervisors line. After pointing out the deliberate hidden agenda of not announcing the LDC Exam quota for the year 2023 at Hon’ble Ernakulam court by the Exam quota aspirants, the Postal Directorate has submitted the affidavit to the Hon’ble court by disclosing the LDCE quota vacancies for the year 2023 by allocating the due share to Supervisors line officials.
b) Though court cases were there against DPC quota promotions and as well as LDCE quota promotions, every year DPC quota promotions were completed without any hindrance, whereas PS Group B Exams were not conducted yearly concurrent to the DPC quota promotions. Because of that every year Seniority quota officials of the recent years panel are joining early whereas LDCE quota aspirants in the older year panel are joining 3 years to 5 years later than seniority quota officials. As per the recent DOPT guidelines dated 13.08.2021, with effect from 19.11.2019, year of joining will determine the seniority not year of vacancy. Knowing very well the Postal Directorate is delaying the LDC Exams and giving undue illegal advantage in service and seniority to the DPC quota aspirants over Exam quota aspirants. Because of that, the Postal Department is facing several litigations.
c) In PS Group B LDC Exam 2020 notification, the then Postal Directorate authorities adjusted 6 PS Group B LDCE posts of Selection Grade Supervisors line and 19 LDCE posts of Inspector line for the year 2017-18 to seniority quota of Inspector Posts line officials and nil vacancy was notified for the year 2017-18. Vide judgment dated 10.10.2017, though Hon’ble Supreme court clearly directed the Postal Directed to make suitable adjustment of excess filled posts in Seniority quota, Department has not made suitable adjustment and adjusted 25 posts in Examination quota for the year 2017-18 instead of seniority quota. Because of that also 25 PS Group B LDCE posts were lost by the Exam candidates for the year 2017-18. It is also favored the Seniority quota officials and the Department is facing several litigations against that also.
d) To the height of injustice, recently again PS Group B LDC Exam 2023 was also cancelled at the fag end of the process by the then Postal Directorate authorities. The Department itself deleted the Junior Senior Clause from the Notification & as well as in the Exam application by getting file note approval from the competent authorities. Later on canceled the said Examination by stating that the Clause has been omitted from the notification. The actual position is that vide DoPT OM No. AB-14071/12/88/-Estt(RR) dated 25.03.1996, DOPT again instructed to insert the “Junior-Senior” related note in all the Recruitment Rules. The same was also not adhered by the Postal Department and PS Group B RR was not inserted with said “Junior-Senior” related note column. Without inserting the said note column in PS Group B Recruitment Rules, statutory provisions of allowing by extending “Junior-Senior” note clause eligibility is legally not tenable. The same was also recorded by the Hon’ble Ernakulam Court in OA No.604/2023 judgement dated 27.09.2024 vide Para No. 26 that As rightly pointed out by the learned counsel for the applicants, such a clause in the guidelines for framing/amendment/ relaxation of Recruitment Rules issued by the DoPT does not form part of the Recruitment Rules. Despite the fact that the O.M., quoted supra, postulates insertion of such a clause in the Recruitment Rules, the respondents have not taken care to bring it as part of the Rules.
So the Department unilaterally tried to make the Clause applicable to the recent PS Group B LDC Exam 2023 without having statutory bindings, which invited more litigation again.
7. When the Postal Directorate had amended the Inspector Posts Recruitment Rules to hand over our share of 33.33% means more than 666 no of Inspector Posts promotion to Direct Recruitment under Staff Selection Commission, the same was vehemently opposed by the staff side. By that time the Postal Directorate assured to give compensation to the staff side by increasing the 6% PS Group B LDC Exam quota to the General Line officials. But instead of increasing the PS Group B LDC Exam quota now the Postal Directorate has come with a proposal to snatch away the entire 6% Exam quota which is clear injustice.
8. During the year 2010, Postal Directorate constituted Postmaster cadre Recruitment Rules 2010 and reserved 116 Senior Postmaster (PS Group B) posts to Postmaster cadre officials. But from 2011 to 2019 not even a single LDCE or DPC was conducted to promote the Postmaster cadre officials to Senior Postmaster (PS Group B) cadre. Without giving any compensation to the long 9 years loss to the Postmaster cadre officials, the entire 116 posts earmarked to the Postmaster cadre officials which is equivalent to 10% of present PS Group B strength was handed over to the PS Group B cadre strength. Now the senior ASP line officials are enjoying those posts through DPC quota.
\9. Though the Postal Directorate has not informed the reasons or cause of actions to scrap the PS Group B LDC Exams through proposed PS Group B Recruitment Rules 2024, the following prolonged lapses caused the resistance, litigations, apprehension in the smooth conduction of PS Group B LDC Exams.
a) As per the Para No 3.1.5 of DoPT OM No AB.14017/48/2010-Estt.(RR) dated 31.12.2010, the RRs should be reviewed once in 5 years with a view to effecting such changes as are necessary to bring them in conformity with the changed position. But, as mentioned earlier, the Department has not taken any step to amend the RRs for the last 30 years. This only has resulted in unnecessary litigations at the time of conducting of every LDCE for the last 3-4 times.
b) Further the Department had not amended the PS Group B RRs even after Hon’ble Supreme Court guidelines vide DOPT OM No. AB.14017/2/1997-Estt(RR) dated 19.01.2007 to rescind the Posts based reservation in existing RRs to insert Vacancy based reservations in RRs. Even now the PS Group ‘B’ posts are being filled up through vacancy based reservation method without amending the RR in pursuance of Hon’ble Apex Court orders and DOPT guidelines. The vacancy based method of filling up of posts was implemented in respect of all most all the cadres in Postal Department by amending the RRs suitably except the RRs of PS Group ‘B’, which paved the path for the senior ASP line officials to rushup to the court whenever PS Group B LDC Exams notified. Further it is causing hindrance to promote the PS Group ‘B’ officers to JTS cadre also. It is the utter failure of the Postal Directorate mechanisms to simply insert the clause of “vacancies based reservation” even after nodal ministry & Hon’ble Supreme court directions, for which coiling the punishment upon the aspirants by entirely nullifying the Examination quota is a really brutal attack on the Exam Aspirants.
8. Further, there is some apprehension that the number of incumbents occupying the 25% LDCE quota is more than the number of posts prescribed for them. But the real fact is that the JTS promotions have not been issued for a long time, which caused the stagnation of these 25% LDCE candidates. If the JTS promotions were issued, there will be balance in the cadre strength from each feeder grade. Further, that so-called imbalance happened as per the law of the land envisaged by the Hon’ble Supreme Court in RN Bhatnagar case and as per the DOPT OM No. 19.01.2007. It is not only the issue with PS Group B cadre, but this issue persists in all the cadres in the Department, if we take the statistics. It is not the duty of the Department to probe the law of the land except to implement the law of the land, the Apex Court & Nodal Ministry vacancy based reservations guidelines.
9. Therefore, if at all the increase in the percentage of incumbents occupying the 25% LDCE quota more than the prescribed is the only reason for amending the existing RRs, all the existing RRs including Inspector Posts LDC exam in the Department are to be revisited based on the percentage of incumbents occupying from each feeder grade. The general trend will be that the persons promoted through LDCE will be more than the prescribed number for them. Then the element of LDCE should be removed from all the RRs in the Department, which should not be done. Besides that DPC quota officials are also eligible and continuously appeared in LDC Exam Quota. If they pass they will accept LDC Exam Quota and be treated in Exam quota, because of their inability to pass in PS Group B cadre on merit, it cannot be construed that imbalance is happening in LDCE quota occupancy.
10. Vide Group ‘C’ Cadre restructure order dated 27.05.2016, feeder cadre of LSG, HSG II, HSG I Supervisory posts were increased from 7338 to 37431 posts. But the 6% quota reserved to Supervisory cadre officials has not at all increased till date. Hence as stated earlier to motivate the Postmasters shouldering several additional higher responsibilities of the Administrative and audit officers after the induction of CBS, CIS, CSI, Accounts and audit related work decentralization and 5 time increase in the feeder cadre strength 6% share in PS Group B promotion must be increased to 25% by allocating all 116 Posts of Senior Postmaster cadre (PS Group B cadre) through 10% seniority quota and 15% of PS Group B vacancies through LDCE quota from the Supervisory cadre line officials. Supervisory line officials already reached the saturation point of HSG I NFG promotion in the age of 40 to 45. After that 15 years to 20 years without any further progression, they will be turned into a Dead Wood of the Department. After filling 235 HSG I NFG promotions by the people around 40 years to 45 years, there will not be HSG I NFG promotion to the next officials. Without increasing the PS Group B cadre promotion chance by introducing seniority quota to the Selection Grade Supervisors, Supervisory cadre officials will be ended with dead wood stage for the next 15 years to 20 years which will adversely impact the growth of the Department also. For 3000 Inspector Posts line officials, there are 1000+ PS Group B promotional posts. But for mammoth 37431 feeder cadre selection grade Supervisors only 52 PS Group B cadre promotion is reserved which is very meager.
Therefore, PS Group B Recruitment Rules 2024 may kindly be amended by increasing the existing percentage 6% to 25% (10% through Seniority quota to Senior Postmaster cadre posts and 15% through LDCE quota) to the Selection Grade Supervisory cadre officials.
12. There may be a point of increasing the eligibility condition from LSG cadre to HSG II cadre vide Para No 3.12.2 of DoPT OM No AB.14017/48/2010-Estt.(RR) dated 31.12.2010, But the same was not followed in the Assistant Accounts Officer cadre Recruitment Rules 2018. From Pay Level 1 – MTS cadre to Pay level 6 cadres were allowed to the promotion of Pay Level 8 AAO cadre. Hence existing eligibility conditions of LSG cadre need not be enhanced to Higher Selection Grade II cadre and statusquo ante may please be maintained at par with AAO cadre recruitment Rules 2018. Even then if at all eligibility has to be increased from LSG 5 years service to HSG II cadre 8 years service then vide Para No 3.1.3 of DoPT OM No AB.14017/48/2010-Estt.(RR) dated 31.12.2010 the Retention of Existing Eligibility service is mandatory. As per the said guidelines, a note must be inserted in the Recruitment Rules that where the eligibility service for promotion prescribed in the existing rules is being enhanced (to be in conformity with the guidelines issues by this Department) and the change is likely to affect adversely some persons holding the feeder grade posts on regular basis, a note to the effect that the eligibility service shall continue to be the same for persons holding the feeder posts on regular basis on the date of notification of the revised rules, could be included in the revised rules. But said note was not inserted in the Proposed PS Group B Recruitment Rules 2024. With the hope of getting PS Group B cadre promotion only many Postal Assistants joined in LSG cadre recently. After joining in the feeder cadre adverse impact on PS Group B Recruitment Rules should not be coiled on the existing feeder cadre officials.
13. On careful perusal of the draft RR for PS Group ‘B’, it is unclear why the DPC composition for an all-India level PS Group B cadre will be at Circle level whereas the DPC composition for the promotion of Lower cadre i.e., ASP will be at Dte level as per the Postal Directorate letter dated 12.07.2022. This creates ambiguity. Further PS Group B promoted officers should have been mandatorily notified in the Government Gazette also to exercise the statutory and financial powers. Hence statusquo must have been maintained in DPC composition with the Directorate level with chairperson Director General.
14. Every official who is recruited in the lower cadre will dream about his career progression in his life to the maximum extent possible. For that, the LDCE is the only channel for making his dream true. The nature of Limited Departmental Competitive Examination is nothing but accelerated promotion, in that as against the regular mode of promotion those who are competent and are found meritorious in the limited departmental examination, can be promoted even if they are comparatively juniors. LDCE is open to 100% employees who fulfill the minimum criteria and they can compete for the available vacancies. Whereas this features lack in promotion through seniority cum fitness basis.
Even in Judicial Services as per the recommendation of Justice Shetty Commission, different High courts have accepted the recommendation for LDCE along with promotion through seniority cum fitness basis. The Apex Court in “All India Judges Assn. (3) v Union of India (2002) 4 SCC 247” has mentioned in Para 27 that:-
“27. … In order to achieve this, while the ratio of 75% appointment by promotion and 25% by direct recruitment to the Higher Judicial Service is maintained, we are, however, of the opinion that there should be two methods as far as appointment by promotion is concerned: 50% of the total posts in the Higher Judicial Service must be filled by promotion on the basis of principle of merit-cum-seniority. For this purpose, the High Courts should devise and evolve a test in order to ascertain and examine the legal knowledge of those candidates and to assess their continued efficiency with adequate knowledge of case law. The remaining 25% of the posts in the service shall be filled by promotion strictly on the basis of merit through the limited departmental competitive examination for which the qualifying service as a Civil Judge (Senior Division) should be not less than five years. The High Courts will have to frame a rule in this regard.”
15. The official, who wants to go to higher cadres will generally work with utmost dedication, which will help for the growth of the organization also. But, scrapping the LDCE for PS Group ‘B’ will definitely demotivate the feeder cadres and the efficiency of the cadre will be adversely affected a lot. The policy of the Government is to provide for adequate promotional avenues to qualified personnel in the feeder grade to sustain the morale and efficiency of the cadre. The same has to be observed while prescribing the method of promotion at Column 10 of the RRs as per DoPT OM No AB.14017/13/2013-Estt(RR) dated 31.03.2015. But it seems that the same was not observed at the time of proposing these draft RRs.
16. Finally Promotion cannot be claimed as a matter of right, but consideration to the promotion is the right of every employee. Hence the existing promotional opportunity cannot be snatched away from the feeder cadre officials with malafide intentions. But Hon’ble Court Ernakulam Bench in OA No.604/2023 had recorded several malafide intentions of the then Postal Directorate authorities against the stepmother treatment towards the Exam quota aspirants. Now to the extreme end of that stepmother treatment, Postal Directorate proposes to eliminate the entire PS Group B Exam opportunity means, in the naked eye it is glaring injustice, after such malafide intentions are exposed by the Hon’ble Court, Ernakulam Bench recently against the Selection Grade Supervisors. Hon’ble CAT, Ernakulam Bench in OA No.604/2023 vide Para No. 21 of the judgment dated 27.09.2024 recorded that there is substance in the grievance of the applicants that the respondents are showing a step-motherly attitude towards the aspirants seeking promotion through 25% quota. Proposed PS Group B Recruitment Rules 2024 are substantiating the view of the Hon’ble Court in the name of eliminating the existing PS Group B legitimate Examination opportunity from the Selection Grade Supervisors.
17. Prayer:
In view of the foregoing submissions and genuine grounds, in the interest of justice, it is earnestly requested the Hon’ble Secretary (Posts) madam that
a) kindly give compensation to the following loss sustained by the Selection Grade Supervisors by increasing 6% LDC Exam quota to 25% LDC Exam quota due to the loss of 116 Senior Postmaster (PS Group B cadre) posts earmarked to the Supervisors after Postmaster Cadre merger and due to the loss of 666+ Inspector Posts promotional loss because of handing over 33.33% IP promotion to Staff selection commission and due to increase in the feeder cadre selection grade supervisors strength from 7338 to 37431 after Group C cadre restructure order dated 27.05.2016.
b) in that 25% LDC Exam quota, it is legitimately claimed to please allocate 10% seniority quota for 116 posts Senior Postmaster cadre promotion to the Senior most HSG I officials to avoid deadwood stagnation in HSG I/HSG I NFG cadre for more than 15 to 20 years, and allocate 15% LDC Exam quota for remaining PS Group B posts to get further induction to Group ‘A’ cadre to the devoted, hard working Selection Grade Postmasters who are now shouldering all kind of additional workload, higher duties and responsibilities after IT modernization induction. It is pertinent to mention here that during the year 1984, HSG I cadre pay scale was higher than PS Group B pay scale whereas now many more new workload was entrusted upon the Selection grade Supervisors than 1984 but pay scale is not revised and it is grave injustice to the Selection Grade Supervisors trying to snatch away the existing rights of PS Group B promotional avenues also
c) Besides that it is requested to kindly ensure vacancy based reservation & standard note of retaining the existing feeder cadre LSG’s eligibility service if at all existing eligibility service of LSG is enhanced to HSG II cadre in the PS Group B Recruitment Rules 2024 as per the Hon’ble Supreme court & DOPT guidelines please.
I firmly trust that the concerns, inputs and comments outlined herein as a stakeholder will be given due consideration in the interest of both employees and the organization. With much hope that the Hon’ble Secretary Posts madam will render justice to the devoted hardworking postmasters who are running pillars to post to bring more glory and business to our esteemed Department.
Thanking you madam,
Yours faithfully
(__________________)
Copy to, (Advance copy/Through proper channel copy)
The ADG (SPG), Department of Posts, Dak Bhawan, Sansad Marg, New Delhi 110001 for kind information and requesting early favorable amendments in this regard please.
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