Friday, March 18, 2011

GDS Bonus Recovery

A specimen of the representation to be submitted to SPOs by all GDS ( NFPE Members only)

From

To

The Superintendent of Post Offices,

Ottapalam Division,

Ottapalam-679101.

Through: The Postmaster, Ottapalam-679101

Sub:-Illegitimate recovery of PLB for 2006-2007 and 2007-2008 already paid-reg

Sir,

Ref:- PM, Ottapalam letter No. AG-6/ICIR/2010 dated 22-02-2011.

I humbly submit the following for your kind perusal and request to render justice.

The PM, Ottapalam has ordered to credit a sum of Rs……………..which was paid to me as arrears of PLB for 2006-07 and 2007-08, within 15 days of receipt of the letter cited above. It was also informed that the said amount will be recovered from my Pay and allowances for March-2011, if the said amount has not credited by me within the stipulated period. Hence, this representation.

I am a member of the All India Postal Extra Departmental Employees Union (AIPEDEU). I have submitted the letter of authorization through my Divisional Secretary of AIPEDEU and subscription is being recovered by the Department under Check off System under EDA (RA) Rules, 1995.

My Circle Union (AIPEDEU, Kerala Circle, P&T House, Trivandrum ) through its then Circle Secretary Sri.D. Sankarankutty and others filed a writ petition at Hon’ble CAT, Ernakulam Bench seeking to be quashed and set aside the Order No. EST/31-04/2006-07 dated 24/20-02-2009. The OA No. 204 of 2009 has been admitted by the Hon’ble CAT, Ernakulam Bench on 5th day of January, 2010 and passed orders accordingly. The relevant portion of the verdict is as follows:

“It is declared that the applicants are entitled to the maximum ceiling limit of Rs.3500/- with effect from 01-04-2006. The respondents are directed to pay them accordingly. As regards recovery from the applicants in the name of excess/ over payment of Bonus for the year 2006-07 and 2007-08, this has already been stayed by this Tribunal vide its order 1st April 2009. The above said interim order is made absolute”

In the light of the verdict, the proposed recovery of PLB from my Pay and allowances for March 2011is illegal and amounts to clear violation of the direction of the Hon’ble CAT, Ernakulam Bench.

As I am the member of the AIPEDEU, and the then Circle Secretary, Sri. D. Sankarankutty represented on behalf of the members of the Union, including me, the direction of the Hon’ble CAT is applicable in my case also. As such, I humbly submit your good self to direct PM, Ottapalam not to recover the arrears of PLB consequent on application of ceiling limit Rs.3500/-from the year 2006-07 and 2007-08.

Thanking you,

Place: Yours faithfully,

Date:

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