CHQ NEWS - ‘Post office cannot be held liable for postal delay’

  

 NEW DELHI, January 3, 2015

THE POSTAL DEPARTMENT STANDS PROTECTED AGAINST CLAIMS OF DEFICIENCY IN SERVICES BY VIRTUE OF A STATUTE

The postal department takes 15 days to deliver a speed post resulting in a woman missing out on her chance of being appointed as a JBT teacher. However, the department stands protected against claims of deficiency in services by virtue of a statute which says a post office is not liable to compensate if damage caused was not wilful or fraudulent.

 

The post office derives this protection from section 6 of the Indian Post Office Act, 1898 which says no official of the post office shall incur any liability by reason of any loss, mis-delivery, delay or damage, unless he has caused the same fraudulently or by his wilful act or default.

 

In the instant case, a woman from Gurgaon, was denied any relief by the Gurgaon District Consumer Disputes Redressal Forum when she claimed a compensation of Rs. 20 lakh from three post offices after her applications for JBT teacher’s appointment failed to reach the Delhi Subordinate Services Selection Board’s office in time.

 

The woman had sent two applications for appointment of JBT teacher by way of speed post registry on December 31, 2009 through post office, Pataudi, Gurgaon with last date for submission as January 15, 2010.

 

The Speed Post registry failed to reach it in time to DSSS Board at Karkardooma here even as a speed post should have reached within 48 hours.

 

She moved the District Forum against Post Office, Pataudi, District Gurgaon, the main post office in Gurgaon and the post office at Karkardooma and also the DSSS Board seeking compensation.

 

In their reply, the post offices at Gurgaon told the Forum that the complainant’s post was dispatched to Speed Post Centre, Delhi on December 31, 2009 for being delivered to its destination. However, the centre in New Delhi inadvertently dispatched both the articles to Krishna Nagar head office due to heavy work in connection with mailing AIEEE admission forms. Her posts were received at Krishna Nagar office on January 15, 2010 and were anyway taken to DSSS Board but they refused to accept the same.

 

The post offices on their part said it was the fault of the Board that it refused to accept the applications and went on to claim protection under section 6 of the Indian Post Office Act. The Board in turn said it could not accept any application after the advertised date and time.

Accepting the arguments, the District Forum held the post office not liable. Consequently, no case of deficiency of service is made out, it said.

CHQ NEWS - SB orders issued in 2014 by Directorate

Directorate has issued following SB orders in the year 2014. Please take out the prints and keep for reference and record. 

1. SB ORDER 01/2014 : CLICK HERE
2. SB ORDER 02/2014 : CLICK HERE
3. SB ORDER 03/2014 : CLICK HERE
4. SB ORDER 04/2014 : CLICK HERE
5. SB ORDER 05/2014 : CLICK HERE
6. SB ORDER 06/2014 : CLICK HERE
7. SB ORDER 07/2014 : CLICK HERE
8. SB ORDER 08/2014 : CLICK HERE
9. SB ORDER 09/2014 : CLICK HERE
10. SB ORDER 10/2014 : CLICK HERE
11. SB ORDER 11/2014 : CLICK HERE
12. SB ORDER 12/2014 : CLICK HERE
13. SB ORDER 13/2014 : CLICK HERE

CHQ NEWS- Association's Impact : Directorate issued clarification on revision of rates of Honorarium to Inquiry officers and Presenting officers

The issue of grant of honorarium to part time Inquiry Officer / Presenting Officers for conducting inquiries under Rule 10 of GDS (Conduct and Engagement) Rules, 2011 and revision of financial powers delegated to CPMG for sanction of the Honorarium was taken up with Directorate under Lr. No. GS/AIAIASP/GDS-Hon/2013 dated 22/6/2013 and follow up was taken up vide letters dated 13/9/2013, 11/11/2013, 1/2/2014, 25/4/2014, 23/6/2014 and 25/8/2014. Finally Directorate has issued following clarification. 

Special CL for CWC to be held on 11.01.2015

Venue for above CWC will be " KHOLE KE HANUMANJI"

Seniority List of Inspector Posts for the year 2000

To view the list, please CLICK HERE. 

CHQ News - Supreme Court ruled against recovery of excess pay due to employers' mistake

Recovery of excess amount paid to Class-III and Class-IV employees due to employer's mistake is not permissible in law, the Supreme Court has ruled saying that it would cause extremely harsh consequences to them who are totally dependent on their wages to run their family. 

The apex court said employees of lower rung service spend their entire earning in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer. 

A bench of JS Khehar and Arun Mishra also directed that an employer cannot recover excess amount in case of a retired employee or one who is to retire within one year and where recovery process is initiated five years after excess payment. 

"We are therefore satisfied in concluding, that such recovery from employees belonging to the lower rungs (i.e., Class-III and Class-IV - sometimes denoted as Group 'C' and Group 'D') of service, should not be subjected to the ordeal of any recovery, even though they were beneficiaries of receiving higher emoluments, than were due to them. Such recovery would be iniquitous and arbitrary and therefore would also breach the mandate contained in Article 14 of the Constitution," Justice Khehar, who wrote the judgment said. 

It said that the employer's right to recover has to compared, with the effect of the recovery on the concerned employee and if the effect of the recovery from the employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, which would then make it iniquitous and arbitrary, to effect the recovery. 

"In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover," the bench said. 

The bench passed the order on a petition filed by Punjab government challenging Punjab and Haryana high court order restraining it to recover the excess amount paid by mistake to numerous employees over the years. 

It said we may, as a ready reference, summarize the following few situations, wherein recoveries by the employers, would be impermissible in law: 

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service). 

(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery. 

(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. 

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. 

(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover. 

The court said a government employee is primarily dependent on his wages, and such deduction from salary should not be allowed which would make it difficult for the employee to provide for the needs of his family and any recovery must be done within five years. 

In this case, the employees were given monetary benefits in excess of their entitlement due to a mistake committed by a concerned competent authority, in determining the emoluments payable to them.

Notification for next CWC to held on 11.01.2014 at Jaipur

ALL INDIA ASSOCIATION OF INSPECTOR/ASSTT.SUPDT.POSTS

Rajasthan Circle Branch, Jaipur-302 007

President                  Secretary                                 Treasurer

Atma Ram               Bhupendra Parashar                       Gauri Shanker

9414775300                        414576782                                  9829536096

NOTIFICATION

No. IP/ASP/Raj/CWC/2013                                                            Dated 24.12.2013

Under the provisions of article 46 of the Constitution of All India Association of Inspectors and Asst. Superintendents Posts, it is hereby notified the Circle Working Committee of Association will be held at Jaipur on Sunday, the 11^th January, 2015 at 11.00 hrs .

Venue: -   Jaipur

                            Agenda

1.   Confirmation of proceedings of Last Circle Conference held at Jodhpur on 24.08.2013

2.   Organization Review.

3.   Discussion on issues realtes to next All India Conference to be organized at Jaipur in the next year.

4.   Any other item with the permission of the chair                

All CWC office bearers are requested to attend the meeting well in time.

(Bhupendra Parashar)

Circle Secretary

IP/ASP Association, Raj. Circle

Copy to:

1.      The Chief Postmaster General, Rajasthan Circle, Jaipur for kind information. Necessary orders may kindly be issued to all concerned for grant of special casual leave to office bearers and CWC members.

2.      Sri V.S.Ingale, General Secretary, All India Association of Inspectors & ASPs, CHQ, New Delhi for kind information.

3.      Sh. Atma Ram, President of the Association.

4.      All office-bearers and CWC members.

List of CWC Members

President		Shri Atma Ram, ASP (BD & Mkt.), R.O.Ajmer
Vice President	1.	Shri D.R.Suthar, ASP (W) Jodhpur
	2.	Shri S.R.Panchal, ASP (Petition), C.O. Jaipur
Circle Secretary		Shri Bhupendra Parashar, IP (Comp), C.O. Jaipur
Asstt. Circle   Secretary	1.	Shri Tarun Sharma, ASP (BD), R.O.Jodhpur
	2.	Shri Vijay Singh Jain, ASP (Vig) R.O.Ajmer
	3.	Shri C.P.Prajapat, ASP (INV), C.O.Jaipur
Treasurer		Shri Gauri Shanker, ASP (HQ), Tonk
Asstt. Treasurer	1.	Shri S.S.Shekhawat, IP (PMU), C.O.Jaipur
	2.	Shri Govind Vaishnav, ASP (Inv.) R.O.Ajmer
	3.	Shri Jitendra Kapoor, ASP (HQ) Bikaner
Organization Secretary	1.	Shri Ajay Chug, ASP Sub Dn. Hanumangarh
	2.	Shri B.B.Jagga, Dy. Postmaster, Jaipur GPO
	3.	Shri S.P.Palod, ASP Sub. Dn., Beawar
Auditor		Shri C.L.Chippa, ASP RMS ‘J’ Division,Ajmer
CWC Member	1.	Ms.Pooja Verma, ASP (HQ) Beawar
	2.	Shri. R.S.Bhati, IP (PMU), R.O.Jodhpur
	3.	Shri Rakesh Dhingra, ASP (OD) Nagaur
	4.	Shri Anil Kaushik, IP (PG), Jodhpur
	5.	Shri Gopal Lal Sharma, ASP (HQ) Chittorgarh
	6.	Shri Pal Singh, IP Sardarshahar
	7.	Shri Surendra Sharma, IP Gangapur City
	8.	Shri Ramesh Chandra Meena, IP Gulabpura
	9.	Shri Tilkesh Sharma, ASP Banswara
	10.	Shri P.R.Rathore, ASP (OD), Pali
	11.	Shri Mohan Singh Meena, ASP Sub Dn. Alwar
	12.	Shri Govind Sharma, ASP (Comp), C.O.Jaipur
	13.	Shri Rajveer Shankhwar, SAS, CO Jaipur
	14.	Shri R.L.Moond, ASP Sub Dn. Jodhpur
	15.	Shri S.N.Bairwa, IP Shahpura
	16.	Shri Deepak Kumar, IP Srimadhopur

Agenda for next Four Monthly meeting

ALL INDIA ASSOCIATION OF INSPECTOR/ASSTT.SUPDT.POSTS

Rajasthan Circle Branch, Jaipur-302 007

President               Secretary                               Treasurer

Atma Ram          Bhupendra Parashar                      Gauri Shanker

9414775300             9414576782                                  9829536096

To,

            The Chief Postmaster General,

            Rajasthan Circle, Jaipur-302007

No. :- Agenda/Dec./2014                                                             Dated Jaipur the 24.12.2014

Sub.:- Agenda for next four monthly meeting.

Sir,

            Agenda of IP/ASP Association Rajasthan Circle for next four monthly meeting is as under:-

1. Supply of new Furniture for all Sub Divisional Offices. (One Executive Chair/New Table and Two Visitors chair).
2. Issue relates to Circle Gradation list of IP/ASP has been closed two times since last one and half year but Gradation list has still not been issued.
3. IT Modernization Project training i.e. Finacle/McCamish/Network Project for All IP/ASPs.

Shri Gauri Shanker, ASP (HQ), Tonk and undersigned will participate in next four monthly meeting.

                                                                                        

 (Bhupendra Parashar)

                                                                                           Circle Secretary &

ASP (PMU-I),

O/O The Chief Postmaster General,

                                                                                      Rajasthan Circle, Jaipur

Srimadhopur HO (Sikar) migrated in CBS

Transfer Posting orders for JTS/Group B & ASPs

Please click here to view transfer orders.

Transfer/Posting/Promotion Orders

Please click here to view Transfer/Posting/Promotion and Adhoc Promotion Orders for IP/ASP/Group B and Group A Officers.

HAPPY DIWALI 2014

IP/ASP Association Rajasthan Circle wish you & your family 

A VERY HAPPY DEEPAVALI 2014

India Post celebrates National Postal Week ( 9-15 Oct.) and World Post Day (9th Oct.)

World Post Day ( by Bibhuprasad Mohapatra ) “Writing letter is also an art. I have to write letter and have to write only the truth in it, and have to pour love, if with this thought you sit down to write the letter, then you will definitely write a beautiful one.”- Mahatma Gandhi (1869-1948) Now it’s the era of email, SMS (Short Message Services) and MMS (Multimedia Messaging Service). Still the world of letters is unique. Gwalior born Hindi poet Girija Kumar Mathur (22ndAug 1919-10th Jan 1994) wrote: “Letter is like a personal newspaper at home Support of the loner It’s a sign of happiness Love and friendship.” “Meghdoot” of the greatest Sanskrit poet and dramatist Kalidasa (5th century AD), Nobel laureate (Literature, 1907) Rudyard Kipling’s (1865-1936) poetry “The Overland Mail”, Nobel laureate (Literature, 1913) Rabindranath Tagore’s (1861-1941) play “The Post Office”, Indian writer Mulk Raj Anand’s (1905-2004) book “Story of the Indian Post Office”, American singer and actor Elvis Presley’s (1935-1977) song “Return to Sender” have illustrated the glory of letters. These random and sudden thoughts are coming to us on “World Post Day”. The day is celebrated globally each year on 9th October, which marks the anniversary of the establishment of the Universal Postal Union (UPU) in 1874 in the Swiss capital, Bern. The Universal Postal Union was the start of global communications revolution, people could write to others all over the world. It was declared as ‘World Post Day’ by the UPU Congress held in Tokyo, Japan, in 1969. Since then, World Post Day is celebrated all over the world to highlight the importance of the postal services. The purpose of World Post Day is to raise awareness among common men about the role of the postal sector in people’s and businesses’ everyday lives and its contribution to the social and economic development of countries. The celebration encourages member countries to undertake programme activities aimed at generating a broader awareness of their Post’s role and activities among the public and media on a national scale. Every year, above 150 countries celebrate World Post Day in a variety of ways. In certain countries, World Post Day is observed as a working holiday. Many Posts use the event to introduce or promote new postal products and services. Some Posts also use World Post Day to reward their employees for good service. In many countries, philatelic exhibitions are organized and new stamps and date cancellation marks are issued. Other activities include the display of World Post Day posters in post offices and other public places, open days at post offices, mail centers and postal museums, the holding of conferences, seminars and workshops, as well as cultural, sport and other recreational activities. Many postal administrations issue special souvenirs such as T-shirts and badges. With the support of massive network, the reach of the Postal department is in every corner of the world. The development of postal service took place rapidly in all the areas of the world since 1st half of 20th century. It seems to us that Post is nothing but “The other name of extreme trust” of the common people. On this auspicious day, it is time to think and work as per the terms of Ex-Communication Minister: “How we can serve the consumer best, this should be the highest duty of every Post and Telegraph worker. Frugality is essential but it should not be at the cost of work ability.” (3rd May 1971, Hemvati Nandan Bahuguna(1919-1989)) Again according to Gandhiji, “For us every consumer is an important person. He is not dependent on us. We are dependent on him. He is the purpose of our work…We do not oblige him by doing his service. He obliges us by giving us the opportunity to serve.”