GDS Bonus Recovery

Copy of the letter given by the Divisional Secretary,GDS Union to the SPOs, Ottapalam in connection with the illegal recovery order of PLB-2006-07 and 2007-08:

==========================================

GDS/ BONUS/2007-2008 14-03-2011

To

The Superintendent of Post Offices,

Ottapalam Division,

Ottapalam-679101.

Sub:- Irregular order for crediting arrears of PLB for 2006-07 and 2007-08 or

illegitimate recovery from Pay and allowances for March-2011, reg

Sir,

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

The Postmaster, Ottapalam in his letter cited under reference has directed the GDS of this Division to credit the arrears paid as PLB 2006-07 and 2007-08 which was paid to the GDS employees of this Division consequent on revision of ceiling of PLB limit upto Rs. 3500/-.

Our then Circle Secretary, Sri. D.Sankarankutty and others filed a writ petition at Hon’ble CAT, Ernakulam Bench on behalf of the members of the Union seeking relief from the order of the Chief Postmaster General, Kerala Circle, Thiruvananthapuram under No. EST/31-4/2006-07 dtd 24/20-2-2009. The OA No. 204 of 2009 admitted on 5-1-2010. according to the verdict of the Hon’ble CAT, Ernakulam Bench, the maximum ceiling limit of PLB is Rs. 3500/-and payment should be made accordingly. The relevant portion of the judgment reads as follows:

“We therefore, allow this OA. Consequently, the impugned Annexure A-7 letter dated 20/24-2-2009 is quashed and set aside. It is declared that the applicants are entitled to the maximum ceiling limit of Rs.3500/- with effect from 1-4-2006. 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 dated 1^st April 2009. The aforesaid interim order is made absolute. If any recovery was made earlier the amount shall be refunded to the applicants forthwith”

The direction of the Hon’ble CAT is crystal clear. Hence any action against this order is amounts to clear violation of the Court of Law. Copy of the above said judgment in OA No. 204 of 2009 promulgated on 5^th January, 2010 is enclosed for ready reference.

The members of the AIPEDEU of this Division has already submitted letter of authorization thro the Divisional Secretary of AIPEDEU, Ottapalam Divisional branch under check off system under EDA (RA) Rules 1995 and the letters of authorization is approved by the Department. As such, they are under the purview of the direction of the

-2-

Hon’ble CAT. Therefore, directing them to credit the so called arrears of PLB for 2006-07 and 2007-08 is illegitimate. More over, recovery of the said amount from the Pay and allowances of March 2011 amounts to violation of the verdict of the Hon’ble CAT.

In these circumstances, I humbly request that the PM, Ottapalam may please be directed to withdraw its order No. Ag6/ICIR/2010 dt 22-02-2011. If the proposed action for recovery is not desisted/ stayed, this Union will be forced to approach Hon’ble Court of Law against the violation of its direction / verdict.

A line reply is much appreciated.

Thanking You

Yours faithfully

(M.C.Velayudhan )

Secretary