CHQ News : Upgradation of Grade Pay of Inspector, Posts from Rs.4200/- to Rs. 4600/-

No. CHQ/IPASP/1/2012 Dated : 22/2/2012. 

To,
Ms Yesodhara Menon,
Member (P),
Department of Posts,
Dak Bhavan, Sansad Marg,
New Delhi 110 001.

Subject : Minutes of the meeting taken by the Member (Personnel) with All India Association of Inspectors and Assistant Superintendents Posts on 3/11/2011. 

Ref. : Directorate Letter No. 01/01/2011-SR dated 14/11/2011.

Respected Madam,

The 37th All India Biennial Conference of this Association was held at Bangaluru on 28th and 29th January, 2012. In the Conference, the matter related to merger of the posts IP and ASP was deliberated in depth and the house passed a resolution unanimously as under:

“This Association is against the merger of Inspector Posts and Assistant Superintendents Posts Cadre. Inspector Posts should be granted Grade Pay of Rs. 4600/- with effect from 01/01/2006 at par with Inspectors of CBDT / CBEC in tune with directions of the Hon’ble CAT, Ernakulam Bench”.

In view of the above resolution, it is requested that action may please be taken to implement the orders of Hon’ble CAT, Ernakulam Bench to upgrade the grade pay of Inspector Posts from Rs. 4200/- to Rs. 4600/- with effect from 1.1.2006.

                                                                                                                             Yours sincerely,

                                                                                                                                 (Vilas Ingale)
                                                                                                                             General Secretary

CONSIDERATATION OF COMPASSIONATE ENGAGEMENT ON GDS POSTS TO DEPANDANTS OF GRAMIN DAK SEVAKS DISCHARGED ON MEDICAL GROUNDS BASED ON PROOF OF INVALIDATION PRIOR TO 14.12.2010

Government of India

Ministry of Communication & IT

Department of Posts

(GDS Section)

Dak Bhawan, Sandad Marg

New Delhi – 110001

No. 19-19/2009-GDS                                                                                        Dated: 21 Feb 2012

Chef Postmaster General

Postmaster General

CONSIDERATATION OF COMPASSIONATE ENGAGEMENT ON GDS POSTS TO DEPANDANTS OF GRAMIN DAK SEVAKS DISCHARGED ON MEDICAL GROUNDS BASED ON PROOF OF INVALIDATION PRIOR TO 14.12.2010

            A reference is invited to Para 7(d) of this Directorate letter No. 17-17/2010-GDS dated 14.12.2010 wherein it was provided that "this percentage of 10% shall only apply to cover cases of wards of deceased GDS and not to GDS acquiring disability during service defined in the Persons with Disabilities Act, 1995. Section 47 of the Persons with Disabilities Act, 1995 provides that no establishment shall dispense with or reduce in rank an employee who acquires a disability during his service as also no promotion shall be denied to a person merely on the ground of his disability. In case of a GDS acquiring a disability during his service and is considered to be unsuitable for the GDS post he was holding, could be shifted to some other post with the same TRCA." The ceiling of 10% was further removed with revised provisions under this Directorate letter No. even dated 01.08.2011.

2.         The issue of allowing compassionate engagements to one of the dependant of the GDS discharged on invalidation on medical grounds supported by the invalidation proof has been considered in this Directorate and it has now been decided to allow considering compassionate engagement to one of the words of invalidated GDS discharged before the date of issue of this Directorate letter No. 17-17/2010-GDS dated 14.12.2010 on consideration of the indigent condition of the family taking recourse to the application of the same provisions of compassionate engagement and process as were in force at the time of discharge of the GDS on invalidation, without a further reference to this Directorate.

3.         It is, however, clarified once again that the provision contained in Para 7 (d) of this Directorate letter No. 17-17/2010-GDS dated 14.12.2010 as amended may be observed scrupulously and no GDS is allowed to be discharged on invalidation observing the provisions of Section 47 of the Persons with Disabilities Act, 1995. In case a GDS acquires a disability during his service and is considered to be unsuitable for the GDS post he was holding, he/she may be shifted to some other post with the same TRCA. If at all some genuine difficulty arises about the nature of work to be extracted from him and the concerned HOC is personally convinced of the grounds in individual cases, the Circles may take up the issue of appropriate cases with the Training Division of this Directorate.

4.         The instructions contained in Para 7(d) of this Directorate letter No. 17-17/2010-GDS dated 14.12.2010 & the present instructions would cover the cases of the GDS where a GDS was permitted to be discharged during the period from 01.01.1996 to 13.12.2010 by the prescribed appointing authority based on medical invalidation by a medical board of a Government Hospital and the disability would cover only the disabilities mentioned and defined in Section 2 of the PWD Act, 1995." While considering the cases under this provision, Head of the Circle would personally ensure that only the cases fulfilling the requisite conditions are considered for compassionate engagement.

5.         The above provisions may be brought to the notice of all concerned for strict compliance. This issue with the approval of Secretary(Posts).

 

       Sd/-

(Surender Kumar)

Assistant Director General (GDS) 

Source

Charging Extra premium on PLI policies taken by physically Challenged persons - High Court Delhi raps Govt.

Complaints of discrimination against the disabled are common in matters of civic amenities, job appointments and admissions to educational institutions. But now one such case has emerged in relation to a life insurance scheme floated by the central government itself.

Slamming the Centre, the Delhi High Court has said it will quash its postal life insurance policy that charges the physically challenged extra premium.

State and central government employees are the beneficiaries of this policy. As per its rules, the assured sum for the disabled is much less while the premium much more than what is applicable to ordinary employees. The discrimination was brought to the notice of the court by a PIL filed by a visually challenged lawyer, Pankaj Sinha.

"Why this discrimination? How can you charge the disabled extra premium? They have the same risk factor as ordinary policyholders. The premium should be linked to various ailments — not disability," a bench headed by acting chief justice AK Sikri told the Centre's counsel.

"Disability is not a disease or a medical problem. We are going to quash the policy," the court said. Sinha told the bench: "While non-handicapped persons are insured for a maximum of Rs 5 lakh, disabled people are insured for a maximum of only Rs 1 lakh. The premium paid by disabled people is also more than the premium for non-disabled people."

The court rejected the Centre's argument that disabled people are more prone to accidental risks as compared to persons without any disability and therefore the premium charged should be marginally different.

Source : The Hindustan Times, Feb 20, 2012

Children Education Allowance – Clarification

Source

REGULATION OF STRIKE PERIOD- REITERATION OF INSTRUCTIONS ISSUED VIDE LETTER NO. 8/27/97 SR (Pt) DATED 23.06.1998.

D.G. Posts No. 8/15/2011-SR dated 1st February, 2012.

            As you aware, the Postal Joint Council Action served a notice of Indefinite Strike with effect from 17.01.2012 accompanied by a 25 point Charter of Demands. All the items were discussed in detail in a series of meetings taken by Secretary/Members of the Postal Services Board and minutes of the meeting were sent to you vide communication dated 16.01.2012.

2.         In this regard attention is invited to para 24 of the minutes of the meeting dealing with imposing FR-17A against strikers. Instructions on the subject were issued by the Department vide D.O. letter No. 8-27/97-SR (Pt) under the signature of the then Member Development which inter alia states that the provisions of FR-17A in respect of Departmental Employees and Rule 23 of ED Conduct and Service Rules -1964 in respect of EDs (Since substituted by GDS (Conduct & Engagement Rules, 2011) may be invoked only in cases of incitement, instances of violence /sabotage etc. The Department is following these instructions in the matter of regulating the strike period/strike situation. It is requested to review the action taken in this regard in the light of the aforesaid instructions, under intimation to this office.

Sd/-

(Subhash Chander)

Director SR &Legal
Courtesy : NFPE
[http://nfpe.blogspot.in/]

SB Order No. 02/2012 : KYC for Savings Account

New Mail operational arrangements

The existing mail offices have been classified into Level 1 (L-1) and Level 2 (L-2) mail offices. There would be 89  L-1 and 244 L-2 mail offices under the new set up

All L-1 mail offices will close direct bags for each other. An  L-1 office will also close bags for all L-2 offices as well as delivery post offices mapped/attached to it

All L-2 offices attached/mapped to it an L-1 office can close bags for that particular office. An L-2 office may also close bags for all other L-2 offices mapped to the same L-1 office if the need be. It will also close bags for all delivery post offices mapped to it.

An L-2 mail office would not close bags for any other L-1 office to which it is not mapped. Similarly an L-2 office will not close bags for any other L-2 office which is not mapped to the same L-1 office. However, there may be a situation where an L-2 office may require closing bags for an L-1 or L-2 office falling in the same circle or neighboring circle for transmission advantage. Circles should try to keep this number to the bare minimum to the extent possible. In all such exceptional cases, the circle concerned should furnish the list of such offices and destinations for which bag closing is required and seek approval of the Directorate.

Post Offices would prepare two kinds of bags (separate for unregistered and registered mail) for their parent mail office (L-1 or L-2 as the case may be), which would be as follows.

A bag containing TD mail to be delivered by post offices mapped to the same parent mail office  (for unregistered mail)

A bag containing non-TD (NTD) i.e. all mail other than TD , to be delivered by post offices not mapped to the same parent mail office (for unregistered mail)

A bag containing TD mail to be delivered by the post offices mapped to the same parent mail office ( for registered mail).

A bag containing non-TD (NTD) mail, i.e. all mail other than TD, to be delivered by post offices no mapped to the same parent mail office ( for registered mail)

Post Offices would continue to retain station article i.e. articles to be delivered from the same post office in case of both unregistered and registered articles

The new operational network would come into effect from 15th February, 2012.

Source : http://nfpemavelikaradivision.blogspot.com

Solved question Paper of IPO Examination held on 29th January 2012

1  In which  case it was  held by  the supreme court that  preamble is the basic feature of the constitution Answer  :  in re Keshwananda Bharti

2   In which cases it was held by  the supreme court that an amendment of the constitution  under article 368 was law within  the meaning of article 13 Answer : in re In GolakNath Case

3 The number of articles in Indian  constitution is Answer  395

4 The list of states and union territories is mentioned in which  schedule of the constitution Answer  First

5 The establishment and constitution of supreme  Court has been provided in Answer  Article 124

6  Which provision of constitution says that civil   and judicial  authorities to act in aid to Supreme court? Answer  Article 144

7 Which provision  of constitution says that High courts to be courts of record Answer  Article  215

8  Writ jurisdiction of supreme court is provided on art 32 and that of high courts art 226 Answer

9 Gram Sabha has been created under which article of constitution Answer   Article 243 A

10 Right to property under art 300A is  a Answer Constitutional Right

11 Power of parliament to restrict trade and  commerce has been described in Answer Article 302

12 Public service commissions for the union and states are created Answer : Article 315

13 The rules of dismissal and reduction of rank  of civil servants emanates from Answer   article 311 of constitution

14  Power of governor  to grant pardon is given in Answer    Art 161

15 Preventive detention according to Art 22 can be enforced Answer

16 Proclamation of emergency is valid up to  Answer  It has to be for 6 months only and it needed further a second resolution has to be passed

17 Protection in respect of conviction for offences is provided under Answer   Article 20

18 In  the Indian Polity , ultimate sovereignty rests with  Answer  :  The people

19 The prime minister is    Answer :          Head of the government

20 The finance commission is appointed by the Answer : President

21 Which article provides fundamental right of right to education Answer :  Article 21A

22 In india who  is the legal advisor  to the state government Answer : Advocate  General

Q23  If directive principles of states  policy  is infringed Answer: There is no remedy by judicial proceedings

Q24  Indira  sawheny V union  of India  is a  case dealing with Answer : Reservation for OBC

25  Article 17 of the  constitution Answer : Abolishes  untouchability

26 which part of the constitution  reflects the mind and  ideals  of the framers Answer : Preamble

27  The power of institution of suits and proceedings against the central government and state government is provided in which article Answer  Article 300

28The attorney General  of India holds office  during  the pleasure of the Answer : President

29 The eighth  schedule of the constitution contains Answer : List of language recognaized by the constitution

30 National emergency can be declared by the president Answer : On recommendation of the council  of ministers

31 The provisions of art 311 does not apply to Answer All of these

32 who decides whether a bill is a money bill or not Answer :Speaker of the Lok Sabha

33 who is the Ex – office Chairman of the Raja Sabha Answer : The Vice-President

34 Which article seperates Judiciary from executive Answer :Habeas Corpus

35 All  india  services has been created  under which article Answer :Article 50

36 Which of the following  right is not provided under the consumer protection act Answer : Article 312

37  The pecuniary jurisdiction of consumer state commission is Answer : Right to punish

38 The pecuniary jurisdiction of consumer state commission is Answer : None of the above

39 The limitation for filling appeal  under the consumer protection act is  Answer : 30 days from the order

40 Medical services were brought under the consumer protection act by the supreme court in the famous case of  Answer : Indian medical association v V.P shata

41  Consumer mentioned u/section 2 of the act includes Answer  Both of them

42 The limitation for filing a  consumer complaint is Answer : Two year

43 The delay in filing consumer complaint can be condoned under Answer: Section 24 A(2) of the Act

44 Consumer disputes  redressal fourm to be known as   Answer : District Forum

45 The responsibility of a consumer under the act  includes Answer:  All of the above

46  Appeal  from the orders of consumer national commission lies to Answer : Supreme Court

47 under which  provision district forum can impose punitive damages Answer: Section 14(d) of the Act

48 A person against whom  an order has been passed by the district forum may go  into appeal to the consumer state commission subject to  his depositing Answer :Lesser of (A) & (B)

49 The president of consumer state  commission is appointed by the state government in  constitution with the Answer :Chief Justice of the High Court

50 The pecuniary jurisdiction of  consumer national commission is Answer : Above 1 Core

51 The provision of transfer of complaints from one district forum to another within the state vests with the state commission under  Answer : Section 17 A of the Act

52 The word  “information “ under the  RTI act includes Answer : Both of them

53  The RTI act  came into effect in the year Answer : 2005

54  The provision of the RTI act giving  citizen right to  information is Answer : Section 3

55 The language of an application  under the RTI act may be  Answer : All of the above

56  The period for filing  appeal under the RTI act  is     Answer : 30  days

57  An application making request for information Answer : Shall not be required to give any reason for requesting the information

58 The general time limit for providing information sought under  RTI act is Answer : 30 days

59 The type of information exempted under the RTI act  are mentioned in  Answer : Section 8

60 The term  of offices for the chief information commissioner and information commissioners is Answer : Five year and  superannuation age being 65 years, whichever is earlier

61  Bar of Jursdiction of courts in respect of any  order made under the RTI act is contained in Answer : Section 23

62 The umbrella organization under the RTI act to coordinates and monitor the implementation of the  provisions of the act is Answer : National Advisory council

63  The object of the RTI act is Answer : All the above

64  RTI act applies to  Answer : Only A & B

65  The period for  filling second appeal under section 19 of the RTI act is Answer : 90 days

66  The limit  of penalty  to be  imposed by the state information commission or the central information commission under section 20  of the act on the principal information officer  is rupees  Answer :

67  Number of chapters in the Indian  penal code 1860 are Answer : 23

68 How many types of punishments have been prescribed under the Indian penal code Answer : Five

69  Chapter V of Indian  penal code deals with  Answer : Abetment

70  abettor is a person Answer : Who instigates the commission of offence

71  Preventing services of  summons or other proceeding or preventing publication thereof shall be published with Answer : Any of A and B

72  Under section  99 the right of private defence is Available against public servants only when  their acts cause reasonable apprehension  of death  or grievous  hurt

73  A public  servant absconding to avoid service of summons or other proceeding shall be punished with Answer : Simple imprisonment for 1 month an fine Rs 500

74  Obstructing public servant in discharge functions shall be punished with  Answer : Imprisonment for 3 months, or fine of Rs 500/- or both

75 Numbers of chapters in the Indian evidence act 1872 Answer : 11

76  indian evidence act  1872 does not apply on affidavits and arbitration Answer : Correct statement

77 Relevancy is

78 RTI act 2005 covers all the state in the India  except Answer :  Jammu & Kashmir

79 Which  one of the following is not a member of  committee for appointment of CIC Answer :  Speaker of Lok sabha

80  which of the following  is not a writ  provided in the constitution of india

81  Code of civil procedure came in to force in the year Answer  01-01-2009 1908

82  Mesne  profits under CPC means Answer : Owner of property

83 Foreign judgment under CPC means Answer : The Judgment  of  foreign court

84  Decree of a civil  court means and  includes

85 Judgment debtor means Answer :A person against whom decree has been passed

86  Pleader menas Answer : Any person entitled to appear and plead for another in court

87 The word  judge under CPC  means Answer :  Presiding officer of a Civil Court

88 The word ‘ order ‘under section 2 of CPC means Answer : formal expression of any decision of a Civil Court

89 Share  in a corporation shall be  deemed  to  include  Answer : Bond , stock ,debenture stock

90  Apart from the state of Jammu & Kashmir which is the state where on whole of it CPC does not  apply Answer : Nagaland

91.     A proclamation under section 82 of CrPC can be issued against a person against whom a warrant has been issued Thus a proclamation can be issued against Answer :   Accused offender

92  Attachment of the property of the person absconding Answer :   Can be issued simultaneously with the publication of the proclamation of the proclamation u/s 82 of CrPC

93.     A proclamation requiring a person to appear must be published giving Answer :   Not less than 30 day time to the person concerned

94.     Period of limitation for filing claims and objections to the attachment of any property attached u/s 83 of CrPC by any person other than the proclaimed person, as provided u/s 84 of CrPC is Answer :   Within six month of attachment

95.     Period of limitation for filing a suit to establish the right over the property attached by a person other than the proclaimed person, who has filed claims and objections to the attachment, is Answer :    One year from the date of disallowing the claim

96.     If the person proclaimed appears within the period specified in the proclamation, the property attached: Answer :    Shall be released from attachment

97.     The right of claiming the attached property or sale proceeds thereof by the proclaimed person flows from: Answer :    Section 85 of Cr.PC

98.     If the proclaimed person does not appear within the period specified in the proclamation, the property under attached: Answer :   Both A and B

99.     A proclaimed person whose property has been attached can claim the property or the sale proceeds, on appearance. Answer :    Within two year of attachment

100.     The right of claiming the attached property or sale proceeds thereof by the proclaimed person is subject to his satisfying the court that: Answer :   Both A and B

101.     The power of issuing proclamation u/s 82 CrPC Answer :   All the above

102.     A proclamation issued u/s 82 CrPC is issued Answer :   To secure the attendance of the person concerned before the court

103.     Attachment order u/s 83 of CrPC is to be passed Answer :  by a court issuing proclamation u/sec 82 Crpc

104.     Attachment u/s 83 CrPC of a land paying revenue to the state government, be made Answer :    Through the District collector within whose jurisdiction land is situated.

105.     A  fact forming  of the same transaction is relevant u/s 6 of Evidence Act: Answer :   Through not in issue and may have occurred at the same time & place or at different time & place

106.     Several classes of facts, which are connected with the transaction(s) in a particular mode are relevant Answer :   Under Section 6 of Evidence Act

107.     Motive behind an Act is relevant Answer :   Under Section 8 of Evidence Act

108.     Preparation for an Act is relevant: Answer :   Under Section 8 of Evidence Act

109     Under section 8 of Evidence Act conduct is relevant: Answer :   Both A&B

110.     Under section 8 of Evidence Act: Answer :  All the above are relevant

111.     When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct is relevant: Answer :   Under Section 8 of Evidence Act

112.     Facts which are cause of facts in issue are relevant Answer :   Under Section 7 of Evidence Act

113.     A person is not entitled to give evidence of fact which he is disentitled to prove by any provision of law Answer :   Under Section 5 of Evidence Act

114.     The question is, whether certain goods ordered from B were delivered to A, The goods were delivered to several intermediate persons successively.  Each delivery is a relevant fact: Answer :   Under Section 7 of Evidence Act

115.     The question is, whether  A murdered B Marks on the ground, produced by a struggle at or near the place where the murder was committed are relevant Facts: Answer :   Under Section 7 of Evidence Act

116.     A is accused of murder of B by beating him.  Whatever was said or done by A or B or the by-standers at the beating, is a relevant fact: Answer :   Under Section 6 of Evidence Act

117.     A is tired for murder of B by poison.  The fact that before the death of B,  A procured poison similar to that which was administered to B, is a relevant fact: Answer :   Under Section 8 of Evidence Act

118.     The question is is whether A committed a crime.  The fact that A absconded after receiving a letter warning that enquiry was being made for the criminal and contents of the letter, are relevant: Answer :   Under Section 8 of Evidence Act

119.     The question is, whether A was robbed.  The fact that soon after the alleged robbery, he made a complaint relating to the offence detailing the circumstances, are relevant: Answer :   Under Section 8 of Evidence Act

120.     A sues B upon a bond for the payment of money.  B denies the making of bond.  The fact that at the time when the bond was alleged to be made,  B required money for particular purpose, is relevant. Answer :   Under Section 8 of Evidence Act

121.     Wrongful gain means  Answer :    Gain by unlawful means of property which the person gaining is not entitled

122.     Wrongful loss means Answer :    Loss b unlawful means of property which he person losing it, is legally entitled

123.     Dishonestly has been defined as doing anything with intention to cause wrongful gain to one person and wrongful loss to another: Answer :    Under section 24 IPC

124.     Fraudulently has been defined as doing anything with intent to defraud: Answer :    Under section 25 of IPC

125.     Section 34 of IPC Answer creats a substantive offense

126.     Under section 46 of IPC, death denotes: Answer :   Death of a human being

127.     Illegal signifies Answer :    All the above

128.     Nothing is said to be done or believed t be done in good faith which is done or believed without due care & intention- as defined: Answer :    Under section 52 IPC

129.     Personating a public servant is an offence Answer :   Under section  170 IPC

130.     The term injury as defined in Section 44 of IPC, means Answer :   Any harm illegally to a person in body, mind, property and reputation

132.     For the application of section 34 IPC there must be at least Answer :    Two persons 133.     Non attendance in obedience to an order from public servant is punishable: Answer :    Under section 174 of IPC

134.     Furnishing false information to a public servant being legally bound is publishable Answer :   Under section 177 of IPC

135.     Obstructing public servant in discharge of public functions is punishable Answer :   Under section 186 of IPC

136.     Disobedience to order duly promulgated by public servant is punishable: Answer :    Under section 188 of IPC

137.     Threat of injury to public servant is punishable Answer :   Under section 189 of IPC

138.     Breach of contract to attend helpless person is punishable Answer :   Under section 491 of IPC

139.     Commutation of sentence for imprisonment of life is provided: Answer :    In section 55 of IPC

140.     Under section 73 IPC a convict can be put to solitary confinement but the total period of the same can not exceed Answer :   Three months.

141.     In case of an offence punishable with fine only, imprisonment for non payment of fine Answer :   has to be simple

142.     In IPC the pronoun he and its derivative are used to denote. Answer :   Either

143     In IPC the word India means the territory of India excluding Answer :    State of Jammu and Kashmir

144.     The word public servant has been defined in IPC Answer :    In section 21

145.     The word special law has been defined in section 41 of IPC to mean Answer :    A law applicable to a particular subject

146.     The unlawful engagement of public servant in trade is prohibited Answer :    In section 168 of IPC

147.  The unlawful buying or bidding in property by public servants is prohibited: Answer :   In section 169 of IPC

148.     Under section 53 of IPC, offenders are liable to following types of punishments: Answer :   Five

149.     A writes his name on the back of a bill of exchange.  As the effect of this endorsement is transfer the right to the bill to any person, who may become lawful holder of it: Answer :    The endorsement is a valuable security

150.     The concept of common intention to fasten criminal liability has been provided. Answer :    In section 34 of IPC

Solved by s jayachandran , SA , Mavelikara Division.9961464279