The Department of Post has now clarified that reduction of staff earlier implemented as matching savings for implementation of TBOP/BCR promotions stands withdrawn
from 01.09.2008.After switching over to MACP from TBOP/BCR promotions, we are persuading the Department either to revive the posts or adjust the same at the time of cadre restructuring. Now the Department has issued orders for revival of the surrendered posts and it will certainly be helpful for cadre review proposals.
The Postal Board’s action is highly appreciated. We fervently appeal the Secretary to restore the charge Allowance and other allowances, which we surrendered at the time of implementation of TBOP Scheme during 1983.
The copy of the Order is furnished below.
(Copy of letter No. 25-5/2010-PE.I dated 19.07.2010 of Department of Posts)
Sub: - Reduction of staff under TBOP/BCR schemes stands withdrawn w.e.f 01.09.2008 consequent upon implementation of MACP.
The undersigned is directed clarify the position in respect of reduction of staff under TBOP/BCR schemes w.e.f 01.09.2008 during periodical Establishment Reviews consequent upon implementation of MACP and withdrawal of TBOP/BCR Schemes as under:
“Consequent on implementation of time Bound One Promotion (TBOP) Scheme and Biennial Cadre Review (BCR) Scheme, Department of Posts had imposed cuts of 5% in operative staff and 15% in supervisory staff w.e.f 30.11.1983 under TBOP Scheme and later on, additional cuts of 1% in operative staff and 5% in supervisory staff were introduced w.e.f. 01.10.1991 under BCR Scheme. These cuts were introduced as measure of matching savings to offset the financial implications on account of grant of financial upgradations to staff and for obtaining additional productivity. The number of posts reduced under this matching savings/productivity provisions were kept in view at the time of periodical reviews or establishment of augmentation proposals.
The said TBOP and BCR Schemes have now been withdrawn w.e.f 01.09.20087 consequent upon implementation of Modified Assured Career Progression Scheme (MACP). Consequently, the number of operative/supervisory posts existing as on 01.09.2008 will be taken into consideration for the purpose of periodical reviews or augmentation proposals of Post Offices establishment. Thus, provisions relating to reduction of staff under TBOP/BCR Schemes stand also withdrawn w.e.f 01.09.2008.”
This issues with the approval of Secretary (P)
Sd/-
(Raj Kumar)
Director (Estt. & DE)
I am directed to refer to the references received regarding the issue of counting of ad-hoc services rendered in Army Postal Service (APS) for the purpose of grant of financial upgradation under Time Bound One Promotion (TBOP) Scheme introduced by the Department.
2. It is observed that the issue under reference was considered by the Hon’ble Supreme Court in C.A No. 5739 of 2005 in the case of UOI Vs Shri Mathivanan. The Apex Court in their judgment dated 09.06.2006 held that the official has completed 16 years of service (after taking into account his adhoc service rendered in APS) and would be entitled to the benefit of paragraph 1 of TBOP scheme and the action of the authorities in not granting the said benefit was illegal and contrary to law. Hon’ble Court observed that so far as placing of an officer in the next ‘higher grade’ is concerned, what was relevant and material was that such official belonging to basic grades in Group ‘C’ and D must have completed ‘sixteen years of service in that Grade’. They pointed out that it no where uses the connotation ‘regular’ service. It was also inter-alia observed “The scheme merely perused that any person having rendered 16/26 years of service without obtaining any promotion could be entitled to benefit therefore. It is, therefore, not a case where promotion to the higher post is to be made only on the basis of seniority.
(Raj Kumar)
Director (Estt. & DE)
COUNTING OF APS SERVICE FOR TBOP/BCR
The adhoc services of erstwhile RTPs who were deputed to Army Postal Services and those approached judiciary had been taken for promotion under TBOP/BCR earlier.We are demanding since then that it should be applied to all the similarly situated persons. This is one of the demands, we placed in the JCM Departmental council meeting.The Department has now issued orders to apply the same to all the similarly situated persons who are deputed to APS for counting their past adhoc services in APS as regular service for TBOP/BCR promotion.
We are seeking justice to all the erstwhile RTPS with similar orders.
(Copy of Letter No 93-25/2003-SPB-II dated 21.07.2010 of Department of Posts)
Sub: - Counting of ad-hoc services rendered in Army Postal Service (APS) for the purpose of grant of financial upgradation under Time Bound One Promotion (TBOP) Scheme – Reg.
I am directed to refer to the references received regarding the issue of counting of ad-hoc services rendered in Army Postal Service (APS) for the purpose of grant of financial upgradation under Time Bound One Promotion (TBOP) Scheme introduced by the Department.
2. It is observed that the issue under reference was considered by the Hon’ble Supreme Court in C.A No. 5739 of 2005 in the case of UOI Vs Shri Mathivanan. The Apex Court in their judgment dated 09.06.2006 held that the official has completed 16 years of service (after taking into account his adhoc service rendered in APS) and would be entitled to the benefit of paragraph 1 of TBOP scheme and the action of the authorities in not granting the said benefit was illegal and contrary to law. Hon’ble Court observed that so far as placing of an officer in the next ‘higher grade’ is concerned, what was relevant and material was that such official belonging to basic grades in Group ‘C’ and D must have completed ‘sixteen years of service in that Grade’. They pointed out that it no where uses the connotation ‘regular’ service. It was also inter-alia observed “The scheme merely perused that any person having rendered 16/26 years of service without obtaining any promotion could be entitled to benefit therefore. It is, therefore, not a case where promotion to the higher post is to be made only on the basis of seniority.
3. In view of the dismissal of Civil Appeal No. 5739 of 2005-UOI & Ors Vs M. Mathivanan by the Hon’ble Supreme court on the above grounds vide their order dated 09.06.2006, the order dated 03.04.2002 of the Hon’ble CAT, Madras Bench pronounced in OA No. 1094 of 2001 was implemented subject to condition that the official will not be entitled to claim any seniority over those absorbed in the Postal Departmental before he was absorbed, for any purpose whatsoever.
4. It had been brought to the notice of the Directorate that a number of cases have been filed by the officials who have rendered adhoc service in APS seeking the benefit of above stated Apex court order in their cases also. The Department has considered the matter. Department of Personnel & Training and D/o Legal Affairs have also been consulted in the matter.
5. Keeping in view the Apex Court’s decision in M. Mathivanan’s case and the fact that TBOP is not to be granted on the basis of seniority. it has been decided with approval of competent authority to extend the benefit of the Apex Court’s order to similarly placed serving officials.
6. The TBOP scheme now stands withdrawn w.e.f. 01.09.2008 after introduction of Modified Career Progress Scheme (MACPS). It is, therefore, advised that all the cases of officials similar to the case of Shri. Mathivanan for grant of TBOP/BCR upto the period 31.08.2008 may be decided by counting the adhoc service rendered by them in APS.
7. This issues with the approval of Secretary (Posts)
Yours faithfully,
Sd/-
(Suraj Bhan)
Asstt. Director General (SPN)
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