Revision of guidelines for considering placement under TBOP/BCR Scheme in cases where seniors are considered for placement at par with their juniors

ALL INDIA SAVINGS BANK CONTROL EMPLOYEES UNION
(Service union under Dept. of Posts)
[HQ-NO: B-105, JAY DWARAKA CHS LTD, NEW AYARE ROAD, DOMBIVALI [E], DT, THANE-421201
MAHARASTHRA  CIRCLE]
R. K. TANDON        
PRESIDENT
O/O CPMG, U.P.CIRCLE
LUCKNOW-226001
CELL: 09415025900, 09616500831          
P.A.MHATRE
GENERAL SECRETARY
SUPERVISOR, SBCO
MUMBAI CENTRAL HO-400008
CELL: 09819188067
K.R.DESHMUKH
TREASURER
SBCO, AKOLA HO-444001
MAHARASTHRA CIRCLE
CELL: 8485812990
CHQ D.O. Lr.No: AISBCEU/REVISION OF TBOP-BCR/ SBCO /101-2017 Dated at Mumbai the 01.03.2017
To
Sri.B.V.Sudhakar
Secretary [Posts]
Dak Bhawan, Sansad Marg
New Delhi -110001    [Email ID: secretary-posts@indiapost.gov.in]
Respected Sir,
 
Subject: Revision of guidelines for considering placement under TBOP/BCR Scheme in cases
                 where seniors are considered for placement at par with their juniors – reg
 Ref:  Dte.Lr.No: No.22-612000-P. E. I (Pt.) Dt: 16.02.2017
I wish to bring your kind notice about the recent Directorate letter Dated: 16.02.2017  as referred above regarding the revision TBOP/BCR guidelines Scheme in cases where seniors are considered for placement at par with their juniors which is one of the welfare matter of SBCO staff.
The Department issued orders for the  Modifications of TBOP/BCR Scheme vide  D.G. Posts letter No. 22-5/95-PE-l dated 8.2.1996 & 26.3.1996 that all the officials such as, UDCs in the Circle Office and SBCO, whose seniority was adversely affected by implementation of TBOP/BCR scheme for extending benefit to seniors for grant of   1st. financial up gradation i.e. TBOP w.e.f. on par with juniors who got higher pay scale after completion of 16 years of service & Second financial up gradation i.e. BCR w.e.f. on par with juniors who got higher pay scale after completion of 26 years of service.
            Latter on, the Department issued orders Vide D.G Posts letter No. 22-6/2000-PE.I dated 17.5.2000 that Completion of 16/26 years of service is a must for promotion under TBOP/BCR Scheme. Now, the Directorate is seeking information from all Circles to reconsider the TBOP/BCR promotions on par with the juniors as per the Directorate order given below.
           
“Now, the Directorate issued orders that as per the Hon'ble Supreme Court's Order dated 13.02.2017 inI.A.No.2,3,412016 in SLP No.35654/2015 this Department is to review the Directorate's Order No.22-6/2000-PE dated t7 /5/2000 for extending benefit to seniors for grant of Second financial up gradation i.e. BCR w.e.f. on par with juniors who got higher pay scale after completion of 26 years of service.
            lt is reiterated that as per the direction of the Hon'ble Supreme Court the entire exercise is to be completed in a TIME BOUND manner. It is therefore, requested that the above information may please  be sent by return FAX or email adgestt@indiapost.gov.in  in any case latest by 20.02.2017”.
            It is come to our notice that the Head of the Offices [Postmaster] of each HO did not pursue all the eligible senior officials on par with their junior official on the basis of the gradation list, instead they have sent the report to Circle Office for the directly recruited UDC officials case only.
            The seniors pay on promotion should be protected with the junior officials pay fixation on their promotion. It is the intension of the Supreme Court verdict. So that, in the subject referred by the Directorate, it is mentioned as “Revision of guidelines for considering placement under TBOP/BCR Scheme in cases where seniors are considered for placement at par with their juniors”. i.e. including TBOP scheme. As such, all the senior officials TBOP/BCR promotions have to be reviewed with their junior official pay fixation on promotion.
            Further in the Supreme court Special Leave Petition order vide No: 35654/2015 Dt: 13.02.2017, it is mentioned that “Learned counsel appearing for the Union of India, referring to the affidavit filed by the Joint Secretary, submits that on an overall view of justice, the Government of India has decided to extend the benefit of the judgment to all similarly situated persons. However, it is pointed out that the process will take a little time in view of the inter-ministerial consultation.
Therefore, this application is disposed of, directing the petitioners to extend the benefit arising out of the judgment to all similarly situated employees, within a period of twelve weeks from today.
We make it clear that there shall be no further extension of time and in case the payment is not made within the time granted, the employees will be entitled to interest @ 12% per annum from the date of original judgment by this Court and the officers responsible for the delay shall be personally liable for the same”.
           
Since it is a welfare matter of our SBCO cadre and also it is referred in the SLP No: 35654/2015 that the Government of India has decided to extend the benefit of the judgment to all similarly situated persons. However, it is pointed out that the process will take a little time in view of the inter-ministerial consultation and petitioners to extend the benefit arising out of the judgment to all similarly situated employees, within a period of twelve weeks from today.
In most of the Circles, this order is wrongly interpreted that it will applicable to the directly recruited UDCs of SBCOs and accordingly, the Head of the offices send the details only for the directly recruited UDCs. It is not correct. The seniors pay on promotion should be protected with the junior officials pay fixation on their promotion. It is the intension of the Supreme Court verdict. So that, in the subject referred by the Directorate, it is mentioned as “Revision of guidelines for considering placement under TBOP/BCR Scheme in cases where seniors are considered for placement at par with their juniors”. i.e. including TBOP scheme. As such, all the senior officials TBOP/BCR promotions have to be reviewed with their junior official pay fixation on promotion.
   Hence, it is kindly requested to consider the following prayer to recollect the full details from the Head of the Offices to review all pending & new claim of senior official cases  as a onetime measure to avoid any further legal proceedings and confusion in dealing this promotional matter by the Head of the offices.
1.       This order is applicable to all the SBCO officials whose seniority was adversely affected by implementation of TBOP/BCR scheme for extending benefit to seniors for grant of of  1st. financial up gradation i.e. TBOP w.e.f. on par with juniors who got higher pay scale after completion of 16 years of service & Second financial up gradation i.e. BCR w.e.f. on par with juniors who got higher pay scale after completion of 26 years of service.
2.       Number of senior SBCO employees who were not granted financial up gradation under the TBOP/BCR Scheme on account of non completion of 16/26 years whereas their juniors were granted financial up gradation under TBOP/BCR scheme after completion of 16/26 years.
3.       In such case, if all the senior SBCO employees are granted financial up gradation under TBOP/BCR scheme w.e.f. the date of their juniors were granted TBOP/BCR, what will be the total  financial implications thereof.
                 
                It is kindly requested that the earlier order Dt: 16.2.2017 may please be modified accordingly as suggested above.
Thanking you, Sir.
Yours faithfully,
[P.A.MHATHRE, GENERAL SECRETARY]
Copy to:-
1 MS.Smriti Sharan, Dy.Director General [Estt], Dak Bhawan, New Delhi-110001
  [Email : ddgestt@indiapost.gov.in
2. Sri.Tarun Mittal, ADG [PE-I], Dak Bhawan, New Delhi-110001 [Email : adgestt@indiapost.gov.in  Fax: 23036239
 

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