Department Withdrawn The Membership Letter

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ALL INDIA ASSOCIATION OF POSTAL SUPERVISORS (GENL. LINE) IN THE HIGH COURT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI
 
  W.P. (C) 1827/1997
 
  ALL INDIA ASSOCIATION OF POSTAL SUPERVISORS (GENL. LINE)
  ..... Petitioner
 
  Through: Kr. Rajesh Singh, Advocate.
 
 
 
 
versus
 
 
 
  UNION OF INDIA and ORS. ..... Respondents
 
  Through: Mr. Raj Kumar Yadav, Advocate for UOI.
 
  CORAM:
 
   HON'BLE MR. JUSTICE VALMIKI J. MEHTA
 
   O R D E R
 
   06.02.2015
 
 
 
  1. Though effectively this is a Public Interest Litigation case
  in a service matter because petitioner is not an individual but is an
 
  association of persons, however, issue in this case pertains to service matters falling under Section 3(q) of the Administrative Tribunals Act,
  1985 (hereinafter referred to as ?the Act?) because there arises issues
  of conditions of services or any other matter pertaining to service as
  specified in this Section and therefore by virtue of Section 14 of the
  Act, and the judgment of the Supreme Court in the case of L. Chandra
  Kumar vs. Union of India and Ors. AIR 1997 SC 1125, this Court is not the
  Court of original jurisdiction and so held in the
 
  W.P.(C) No.1827/1997 page 1 of 3
 
  case of L. Chandra Kumar (supra) as under:-
 
  ?99. In view of the reasoning adopted by us, we hold that Clause 2(d)
  of Article?323A?and Clause 3(d) of Article 323B, to the extent they
  exclude the jurisdiction of the High Courts and the Supreme Court under
  Articles 226/227?and?32?of the Constitution, are unconstitutional.
  Section?28?of the Act and the ‘‘exclusion of jurisdiction’‘ clauses in all
  other legislations enacted under the aegis of
  Articles?323A?and?323B?would, to the same extent, be unconstitutional.
  The jurisdiction conferred upon the High Courts under
  Articles?226/227?and upon the Supreme Court under Article?32?of the
  Constitution is part of the inviolable basic structure of our
  Constitution. While this jurisdiction cannot be ousted, other courts and
  Tribunals may perform a supplemental role in discharging the powers
  conferred by Articles?226/227?and?32?of the Constitution. The Tribunals
  created under Article?323A?and Article?323B?of the Constitution are
  possessed of the competence to test the constitutional validity of
  statutory provisions and rules. All decisions of these Tribunals will,
  however, be subject to scrutiny before a Division Bench of the High Court
  within whose jurisdiction the concerned Tribunal falls. The Tribunals
  will, nevertheless, continue to act like Courts of first instance in
  respect of the areas of law for which they have been constituted. It will
  not, therefore, be open for litigants to directly approach the High
  Courts even in cases where they question the vires of statutory
  legislations (except where the legislation which creates the particular
  Tribunal is challenged) by overlooking the jurisdiction of the concerned
  Tribunal. Section?5(6)?of the Act is valid and constitutional and is to
  be interpreted in the manner we have indicated.?
 
 
 
  2. In view of the above, instead of dismissing the petition, at
  the request of the counsel for the petitioner, this case is transferred
  for decision to the Central Administrative Tribunal (CAT), Principal
  Bench, New Delhi.
 
  W.P.(C) No.1827/1997 page 2 of 3
 
  Of course, I have not expressed anything finally with respect to
  maintainability or merits of the petition and which aspects will be
  considered by the CAT.
 
  3. List before the Registrar of CAT on 25th March, 2015.
  Registry of this Court to ensure that record of this case is available to
  the Registrar of CAT on the date fixed.
 
 
 
 
 
  VALMIKI J. MEHTA, J
 
  FEBRUARY 06, 2015
  

Regarding non-allotment of ASPO,s Cadre officials in 16 H S G- I unidentified posts in UP Circle

                

                The Chief Postmaster General 

                UP Circle Luck now--226001

               

No- AIAPS (GL)/UP Circle /Gen/2014- 2015                                                dated 21.01.2015

Sub – Regarding non reservation/allotment of ASPO,s Cadre  officials  in 16 H S G- I unidentified  posts  in UP Circle

Respected Madam,                                                                                                                                     

As prior to  year  2000 HSG I cadre was higher than ASPO,S cadre and ASPO,S cadre officials were required to be promoted in HSG I cadre before promotion to Group B cadre .As now there is no such requirement and ASPO,S cadre( Gaze Group B) is higher to HSG I cadre (Non Gaze Group B ).Therefore there is no justification of allotting/reservation of 16 H S G I posts/seats to ASPO,S cadre in UP Circle and all such posts/seats must be allotted to General line officials only.    

AS per information to Association following ASPO,S Cadre officials are presently working as Post Master HSG I killing the interest of  General line officials while several ASPO,S cadre posts are lying vacant in UP Circle ----                  

1.Sri A K Verma  PM Kanpur Cantt HO 

2.Sri S R Gupta PM Unnao HO 

3.Sri J N Pandey PM Hamirpur HO 

4.Sri S K Awasthi  PM Rae Bareilly HO 

5.Sri P Nath PM Deoria HO 

6,Sri Pawan Srivastava PM Kundaghat HO 

7.Sri M M Hussain PM Balrampur H.O.

ASPO,S cadre vacant posts are as under ---       

1.ASPO,S East Kanpur city Dn  

2.ASPO,S HQ Kanpur city Dn

3.ASPO,S (T )Kanpur city Dn 

4.ASPO,S(T) KP(M) Dn 

5.ASPO,S HQ Banda Dn 

6. ASPO,S Banda Dn .     

It is requested that all ASPO,S cadre officials working as P M HSG-I(IP Line) in whole UP Circle may kindly be transferred and posted to ASPO,S cadre posts in the same manner as was done by CPMG TN Circle Chennai 600002 vide memo no.STA/2-7/2014 dated11.11.2014 after demand of AIPEU Class III T N Circle .Copy of  memo dated 11.11.2014 is enclosed for kind perusal. It will be highly appreciated if a line of action taken is communicated to Association. 

(S.B.Sharma)

Circle Secretary U.P.      

Circle Conference of A.I.A.P.S (GL) A.P. CIRLCE

Circle Conference of A.I.A.P.S  (GL) A.P. CIRLCE held at Vijaya  Nagar Colony P.O. on  14 th Dec 2014. 

The approved list of elected office bearers for Andhra Pradesh Circle committee is as under:-

1 President   Y.S.R. Srinivasulu Postmaster Trimulgherry HO
2 Vice President   G. Ravinder Postmaster Jubilee HO
3 Vice President  K. Hari Prasad Postmaster Jyothinagar SO
4 Vice President   B.  Ambedkar RajuP.M. Chandramouli Nagar 
5 Vice President  T. Ammiraju PostmasterAnakapalle HO
6 Secretary D.S.K. Prasad PostmasterVijayanagar Colony SO
7 Asst Secretary P. Usman Ali Khan PostmasterCumbum SO
8 Asst Secretary P. Suresh Goud PostmasterSirisilla SO
9 Asst Secretary R. Anil Kumar Postmaster Kankipadu SO
10 Asst Secretary Y. Satish KumarPostmaster Narasannapet SO
11 Org. Secretary J. Rajeswara RaoPostmaster Jammigunta SO
12 Org. Secretary K. Sudhakar Postmaster Chilakalapudi SO
13 Org. Secretary D. Chandra Sekhar Postmaster S. Kota SO
14 Org. Secretary M.G.S. Prasad Postmaster Jogipet SO
15 Treasurer M. Srinivasa Reddy Postmaster Jubilee Hills SO
16 Asst. Treasurer A Rajani Postmaster S.R. Nagar SO
17 Auditor B. Shiva Kumara SwamyPM Central Secretariat SO

Approved List of U.P.Circle Body of Association

After a long unnecessary delay to extend the Trade Union Facilities to the Newly Elected U.P.Circle Body of All India Association of Postal Supervisors(G.L.), at last CPMG U.P. Circle has to approve &

circulate the List of Office Bearers.

CWC Meeting Held in HYDERABAD

CWC Meeting of ALL INDIA ASSOCIATION OF POSTAL SUPERVISORS (G.L.) held at Hotel SIDDHARTH, ABIDS, NEAR G.P.O.HYDERABAD  from 26 AUG TO 28 AUG 2014 SUCCESSFULLY. SOME  PICTURES OF MEET-------------------

VANUE for CWC Meeting Hyderabad 27 AUG 2014

VANUE  for CWC MEETING   27 AUG 2014

HOTEL SIDDHARTHA
6TH FLOOR  ABIDS
BEHIND GPO
HYDERABAD

CONTECT PERSON:

COM. D S K PRASAD
Mob: 09441041767

Central Working Committee Meeting in HYDERABAD

NOTICE   Dt. 15 JULY 2014

                                                                                                                    

As per the provisions under article No. 38 of the constitution of the All India Association of Postal Supervisors-General Line , Notice is hareby issued to all concerned for holding the Central Working Committee Meeting of the Association in HYDERABAD (Andhra Pradesh) w.e.f 26th August 2014 to 28th August 2014 under the chairmanship of Mr.K.T.Sheshadri (S.P.M.Flowers Road P.O.Chennai) All India President, to transact the Agenda given bellow.


                                                AGENDA

1-   To approve the minutes  of 18th All India Conference of  A.I.A.P.S. (G.L.) held at Kanpur(U.P.) from 29-06-2013 to 01-07-2013.

2-  Unnecessary Problems created by U.P.Circle in smooth running of association

3-  Position of amendments to the constitution of A.I.A.P.S.(G.L.) passed  during 18th A.I.C.

4-   Adjoining  of  the Post Master cadre to Supervisor's Association. 

5-  New Circle units formation in A.P. & Kerala, Maharashtra circles.

6-  Court case pending in Delhi High Court, progress report there in.

7-  Organisational review regarding position of units & enrollment of new members etc.

8-   Any other item with the permission of the chair



NOIDA                                                           (Manoj Bhardwaj)
15 July 2014                                                    General Secretary                                                          

RECOGNITION ORDERS ISSUIED BY DEPARTMENT FINALLY,

FINALLY, DEPARTMENT HAS ISSUED THE ORDERS TO RESTORE THE RECOGNITION OF OUR ASSOCIATION. LETTER N0.9/10/1997-SR DT.27 MAY 2014 IS ATTACHED H/W FOR YOUR INFORMATION, SIR !!!

RECOGNITION will contiue--

ALL CHQ OFFICE BEARERS /  ALL CIRCLE SECRETRIES / DIVISIONAL                        SECRETARIES - AWARE TO SUBMIT MEMBERSHIP FORMS TO DDO IN TIME. AS WE ARE A RECOGNIZED ASSOCIATION.

FORMAL ORDERS UNDER ISSUE FROM DIRECTORATE SHORTLY AS HONO'BLE HIGH COURT HAS RESTORED THE CASE TO IT'S ORIGINAL POSITION ON 10 MARCH 2014.

SO HURRY UP & SUBMIT MEMBERSHIP FORMS TO CONCERN DDO IN TIME.

OK

( MANOJ  BHARDWAJ )

GENERAL SECRETARY

Restoration IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 1827/1997

IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 1827/1997

 
ALL INDIA ASSOCIATION OF POSTAL SUPERVISORS
(GENERALLINE) ..... Petitioner
Through: Ms. Niranjana Singh and Kumar Rajesh Singh, Advocates

versus

UOI and ORS. ..... Respondent
Through: Mr. Himanshu Bajaj, CGSC

CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
10.03.2014

CM No.3262/2014 (condonation of delay in filing restoration application)

This is an application for condonation of delay. The delay is of
208 days. The learned counsel for the petitioner says that the delay has
occurred purely on account of her fault and not that of the client.
Learned counsel submits that for a very long period of time she was not
able to obtain necessary instructions in the matter.
I find that there is no affidavit of the learned counsel,
accompanying the application though. The affidavit is of Mr. Manoj
Bhardwaj, who claims to be the General Secretary of the petitioner
association.
Issue notice to the respondents.

Mr. Bajaj accepts notice on behalf of the respondents. He waives
service of notice. He says that even though the delay is enormous, he
would like to leave the decision qua the same to the court.
Having regard to the submission made by the learned counsel for
the petitioner that she was at fault and also given the fact that the
petitioner is an association of members, perhaps getting appropriate
instructions may have been difficult if not impossible, I am inclined to
condone the delay subject to payment of costs of Rs.2500/- to be
deposited with the Registrar General, Juvenile Justice Account of Delhi
High Court. The costs will be paid within ten days from today. The
proof of costs will be filed.
The application is accordingly disposed of.

CM No.3261/2014 (restoration)

Having regard to the fact that the delay has been condoned, for the
reason that the petitioner?s counsel was at fault, I intend to allow the
application for the very same reason. Order dated 10.07.2013 is
recalled.
The writ petition is restored to its original number and position.
WP(C) No.1827/1997
List on the Regular Board according to its age and seniority in the
week commencing 26.05.2014.
RAJIV SHAKDHER, J
MARCH 10, 2014
yg
W.P.(C) 1827/1997 page 2 of 2
$ 10
http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=55644&yr=2014
2 of 2

AIAPS (GL)

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Tamil Nadu Conference

Tamil Nadu Conference of A.I.A.P.S.(GL) held at KODAIKANAL from 18th to 20 July 2013 at Hotel Tamilnadu.Some stills from open session--

18th All India Conference - 29-30 June & 01 July 2013

Circular No.07 Dt. 31 MAY 2013

To:All CHQ Office Bearers,
All Circle / Regional / Divisional Secretaries,

Dear Brothers & Sisters , Namaskaar!

Hope you will get it in good spirit & health.

18th All India Conference - 29-30 June & 01 July 2013

 
Kindly refer to my previous Circular No.06 Dated: 18April, 2013, in which it was informed
that 18 th A.I.C. will be held on18-19-20 July 2013 in Tamil Nadu (Kodaikanal). Now, here is
some major changes in the Dates as well in the Vanue of 18th A.I.C.

As all of you know, XVII th All India Conference of A.I.A.P.S. (G.L.) was successfully
organized at Saharanpur (U.P.) from 10-04-2011 to 12-04-2011.We have completed 2 years
on 12th April 2013 and the next A.I.C. is due up to 12th July 2013 (Within the 2years+90days).
But,as per the previous programme i.e.proposed A.I.C. on 18-19-20 July 2013 will go
out from the prescribed grace-period of 90 days. So it has now been decided that 18th A.I.C.
will go on as per the following revised programme--

Date of 18th A.I.C.- 29-30Jun & 01 JULY 2013
Vanue- KANPUR (U.P.)
Open Session- 30 June 2013

(Vanue detail: Nagarik Dharmshala,212-A, Block-'M', Kidvai Nagar,Kanpur-208023)

Central Working Committee will meet just before the 18 th.All India Conference, i.e.on
27-06-2013 to 28-06-2013 at the same vanue.

 
Vanue at KANPUR is booked for 29 & 30 June 2013 by the host unit AIAPS(GL) Uttar
Pradesh,so you should manage your visit in such a manner that you can attend the open
session on 30th June 2013.

Delegates & Visitors can contact with Mr.S.B.Sharma,C/S U.P. & Chairman, Reception
Committee at Kanpur on Mobile: 09935779007 about their arrival.

NOTIFICATION FOR ALL INDIA CONFERENCE

Notice for holding the18th.Bi-ennial All India Conference of the Association has been

issued on 28th May 2013, a copy of the same is attached h/w for information. As per the latest

instructions on the subject of granting of special casual leave to attend the All India Conference &

C W C Meetings of the Recognised unions / Associations, there will not be any separate communication from the Directorate. Circle Secretaries are requested to send/ hand over this notification

to the Head of the Circle Concerned and ensure grant of special casual leave alongwith transit time

by them.

(Ref : Compendium of Trade Union Facilities- issued by D.O.P.-SR Sec.New Delhi No.54-1
/ 83-SPB-II Dated 06-12-1983 Para 5 & 6 )



Tamil Nadu Circle Conference -18-19-20 July 2013 at KODAIKANAL

 
Although, the vanue & dates for 18th AIC has been changed,even the proposed
programme at KODAIKANAL (Tamil Nadu) will remain UN-CHANGED and all of you are also
invited at Kodaikanal, as per the details already circulated vide my previous Circular No-6
dated 18 April 2013. Because, Tamil Nadu circle conference is sheduled at Kodaikanal on
these dates & Resort has already been booked for 19-20 July 2013.It is to note that if you
remain unable to attend AIC at Kanpur,then you should visit Kodaikanal on 19-20 July
2013 positively. I, with other CHQ members from U.P.& Delhi will attend conference at
Kodaikanal(Tamil Nadu). So, we can meet once or twice on these forthcoming gettogather.
So, please get ready & pack your baggage to give the pleasure of your warm
welcome to U.P.Circle as well as Tamil Nadu circle.
All the Best for your upcoming journey !



Long Live AIAPS (GL) !!! Your beloved



( Manoj Bhardwaj )
General Secretary

18 A-I.C. Notification--Change in Dates & Vanue

                                                 
             NOTIFICATION FOR ALL INDIA CONFERENCE


                                       No. AIAPS(GL)/ AIC/ 2013    DATED  28 MAY 2013


As per the provisions under article No. 38 of the constitution of the All India Association of Postal Supervisors-General Line ,Due Notice is hareby issued to all concerned for holding the  18 th. Bi-ennial All India Conference of the Association at KANPUR (U.P.) from 29-06-2013 to 01-07-2013 under the chairmanship of Mr. R.Brindavanakannan, All India President, to transact the Agenda given bellow.

The vanue  will be Nagarik Dharmshala,212-A,Block-'M',Kidvai Nagar,Kanpur-208023.

Central Working Committee will meet  just before the 18 th.All India Conference, i.e.on                27-06-2013 to 28-06-2013 at the same vanue.



                                                                  AGENDA

1-      To approve the minutes of C.W. C. Meeting held on  23-07-2012 to 25-07-2013. 

2-      To adopt & approve the Bi-ennial report for the period 01-03-2011 to 31-03-2013.

3-      To adopt & approve the Audited accounts for the period 01-03-2011 to 31-03-2013.

4-      To adopt & approve the Budget estimates for the next Two years.

5-      To frame new By-laws & amend the existing provisions of constitution of AIAPS (GL).

6-      To elect the new office bearers of Central Working Committee  for 2013- 2015.

7-      To nominate an Auditor

8-      To appoint adhoc-committee for specific purposes, wherever & whenever, necessary.

9-      To act as a final court of appeal against any suspension or expulsion of any member &
          also against any Divisional / Circle unit of the Association.

10-    To consider the further progress about the Court case pending in Delhi High Court.

11-    To review the organisational position of association & also act of Postal Directorate

12-    Any other item with the permission of the chair

                                                     
                                                                             ( Manoj  Bhardwaj )
                                                                              General Secretary







Copy to:

1-   The Secretary (Posts), Deptt.of Posts,Dak Bawan, New Delhi-110001.

2-   Mr. Arun Malik, Director-SR & Legal, Deptt.of Posts,New Delhi-110001.

3-   Mr. R.Brindavanakannan, All India President AIAPS-GL, Supervisor,Anna Road
      HPO, Chennai-600002 (TN).

4-   All Principal Chief Postmaster General / Chief Postmaster General /  Postmaster
      General of Deptt.of Posts.

5-   All the Directors, Postal Training Centres.

6-   All C H Q Office Bearers, A I A P S (GL)

7-   All Circle Secretaries / Regional  Secretaries A I A P S (GL).

8-   Mr. K.Kanniappan,ex-General Secretary & Patron AIAPS (GL).

9-   All Special Invitees & Guests of Honour.




                                                         ( Manoj  Bhardwaj )
                                                        General Secretary





                                                                                            
NOTE:  As per the latest instructions on the subject of granting of special casual leave to attend the All India Conference & C W C Meetings of the Recognised unions / Associations, there will not be any separate communication from the Directorate.
All Circle Secretaries are requested to send/ hand over this notification to the Head of the Circle Concerned and ensure grant of special casual leave by them.
(Ref : Compendium of Trade Union Facilities- issued by D.O.P.-SR Sec.New Delhi No.54-1 / 83-SPB-II Dated 06-12-1983 Para 5 & 6 )