POST OFFICE REGULATIONS – 2024 -1

 50.  Clarification - Regarding FR 17-A – Break in Service.
DG (P) No.8-1/2001-SR dated-07.02.2001 (Clarification regarding FR 17-A after Postal Strike w.e.f. 5-12-2000):

• Different Circles have been applying the provisions of FR 17-A inconsistently.
• It is clarified that instructions issued in para 2, sub-para 3 of letter No. 8-27/97/SR/Pt. dated June 23, 1998, should be followed.
• This earlier letter was enclosed with D.O. No. 8-37/2000-SR (Pt.III) dated November 17, 2000, from Member (D).

DG (P) DO No. 8-27/97-SR/Pt dated-23.06.1998 (Instructions regarding Indefinite Strike from 8th July' 1998):
• Heads of Circles should liaise with State Government officers, Police, and Railways for necessary consultations.
• Principles for dealing with potential arrests: 
o Preventive action against suspected saboteurs should be minimal until the eve of the strike.
o Positive action against top leaders and instigators should be considered if they interfere with services.
• Plans should be in place to maintain services as much as possible during traffic disruptions. The extent will depend on the nature and scope of the strike.
• Attention is drawn to DOP&T's O.M. dated May 1, 1991, emphasizing "No work no pay" and prohibiting circumvention through leave grants.
• Staff should be informed of the consequences of striking, including loss of pay and potential action under FR 17 (A) for departmental employees.
• For ED agents, participation in the strike may lead to action under Rule 19 of ED (Conduct & Service) Rules, 1964, potentially resulting in a break in service, disqualifying previous service and promotion.
• However, invoking FR 17A for departmental employees and Rule 19 for EDs should be limited to cases of incitement, violence, or sabotage.
• Action may be taken to request District authorities to clear office premises occupied by strikers after serving a notice to commence work or vacate. This should be planned with local authorities.
• Adequate protection must be provided to maintain essential services and ensure the safety of departmental buildings, installations, property, and loyal staff.
• State authorities should be informed of developments, and close liaison should be maintained with them. Vulnerable buildings may require regulated entry via identity cards.
• Adequate protection should be ensured for loyal staff commuting to and from work.
• Control Rooms will be established at the Directorate and affected Head of Circle offices in case of serious disturbances.
• Divisional Officers should maintain lists of loyal staff (with and without protection), manpower for essential tasks, and transportation needs.
• Information on striking staff should be provided to police and District authorities if requested.
• Lists of retired/retrenched officials and public/government bodies that might provide assistance should be maintained.
• Assistance from the National Cadet Corps should be avoided if possible.
• The Directorate General of Resettlement and Training/Chief Labour Commissioner may be contacted to nominate substitutes.
• Honorary volunteers may be enlisted and treated with courtesy, with necessary checks on their credentials.
• Loyal staff, outsiders, and volunteers may be lodged in departmental buildings if needed, with arrangements for refreshments/meals.
• Heads of Circles and Divisional Officers should prevent misuse of departmental communication facilities by Unions and staff.
• A strategy and preparation plan to tackle the strike should be formulated and reported to Member (D) by June 30, 1998.

Postal Strike w.e.f. 5-12-2000 – Clarification - Regarding FR 17-A – Break in Service.

I am directed to say that the Circles have followed different practice while invoking provision of FR 17-A. In this regard, it is clarified that the instructions issued vide para 2, sub para 3 of the letter No. 8-27/97/SR/Pt. dated the 23rd June, 1998 which was enclosed with D.O. No. 8-37/2000-SR (Pt.III) dated 17.11.2000 from Member (D) may kindly be followed.
(DG (P) No.8-1/2001-SR dated-07.02.2001)

DO No. 8-27/97-SR/Pt dated-23.06.1998 of the Member (D) , Dept. of Posts
As you are aware, the Notice for indefinite Strike from 8th July’ 98 has been given by the various Postal Services Associations. The following instructions are being reemphasized to meet the situation, in addition to the other decisions you may like to take keeping in view the local conditions :-

1. The Heads of Circle should inform the officers of the State Government, the Police, Railways and consult them on the situation as necessary high level liaison with these officers is very essential for successfully meeting the situation and smooth working of such departmental services that it may be possible to maintain.

The following general principles should be borne in mind in cases where State Government consults the Heads of Circles regarding the arrest of trouble makers when a strike is threatened or is imminent.
i) Preventive action should be limited to minimum number of suspected saboteurs likely to interfere with the smooth running of Postal services till the eve of the threatened strike.
ii) Positive action should be agreed to against top leaders and instigators where interference with the Services make such step necessary.
iii) Plans have therefore to be considered to safeguard and maintain the services under these conditions, the main object being to maintain the services to as large an extent as possible during the period of dislocation of traffic.

The actual extent of services continued and the emergency arrangements brought into force will depend on the nature and extent of the strike. If the strike is partial or in one branch only, it may be possible to make alternative arrangements without much dislocation or restriction of functions. The actual extent to which the scheme is brought into effect will differ from case to case and the location of the centres of strike.

2. Your attention is especially invited to the instructions contained in DOP&T’s O.M. No. 40-10/1 (S)/90 Estt. Branch dated 1.5.91 which inter-alia require that for the period of strike the principle of “No work no Pay” must be observed and that this should not be circumvented in any way, be grant of leave, etc. The consequences of participation in the strike should be made known to all officers and staff. It may also be made clear to the staff that participation in the strike, apart from loss of pay from the period of strike, would invite action under FR 17 (A) with consequential disabilities.

In respect of ED agents it may be made clear that appropriate action under Rule 19 of ED (Conduct & Service) Rules, 1964 as amended from time to time, would be taken. This would result in treatment of the period of absence during the strike as break in service and will disqualify them for counting of previous service and promotion etc.

However, the provisions of FR 17A in respect of departmental employees and Rule 19 of ED Conduct and Service Rules 64 in respect of EDs may be invoked only in cases of incitement, instances of violence/sabotage etc.

3. Action may be taken to request the District authorities to clear the office premises of strikers, if they are occupying it. The report to the District Magistrate should be made in such form as may be required by him. If some of the strikers are occupying the premises during their hours of work, it is better to serve on them a notice with a suitable time-limit of an hour or so in consultation with the local authorities to commence work or to vacate the premises, failing which they would be got evicted, before action is taken for actual eviction. The procedure should be carefully discussed and planned with the District and Police authorities. A close liaison should be maintained with them throughout.

4. (i) Protection must, at all times, be adequate to maintain essential services and ensure safety –
a) Departmental buildings, installations and property and
b) Loyal staff.

(ii) Preservation of law and order is the responsibility of the State Government. When a strike is imminent (or occurs), the State authorities should be informed of the developments as they occur at the appropriate level and close liaison should be maintained with them. Some buildings and installations considered ‘vulnerable’ are already guarded by the police.

(iii) where necessary, especially in the case of ‘vulnerable’ buildings and installations (to be specified by the Head of the Circle), entry may be regulated by a system of identity cards.

(iv) It should be ensured that adequate protection is afforded to all loyal staff going to and returning from their place of duty.

5. In the event of any serious disturbance or emergency affecting the services of the Department materially as a result of strike or otherwise, a Control Room will be set up in the Directorate and in the office of every Head of Circle that is affected. A separate room provided with two phones (to be notified in advance) will be set aside for the Controlling.

6. (I) With the object of redistribution of staff to the best advantage in the event of a strike, the Divisional Officer should maintain with himself a list of staff that is likely to remain loyal (I) only when protection from the interference is afforded and (II) in all circumstances in all categories under him.

(ii) The Divisional Officer should keep from amongst his staff a list of the manpower – educated for clerical and supervisory work and semi-education or illiterate for manual labour like loading unloading etc. – required to maintain the restricted services and how it will be deployed.  The list should also show what further curtailments are progressively possible and the deployment thereof, as the man-power available falls below the requirements.

The number of motor vehicles required for maintaining the service similarly should also be estimated. This should also include provision for conveying loyal staff between their residence and places of duty safely, if necessary.

iii) information in regard to staff expected to go on strike/or on strike should also be furnished to the police and the District authorities if desired by them.

(iv)A list of retired, retrenched and discharged officials, along with their addresses, should be kept with the Divisional Officer. They may be approached to help the Department on payment of remuneration, as mentioned later for outsiders.

(v)A list of public bodies like the Bharat Sewak Samaj, Boy Scouts Association, Seva Samiti, Seva Dals, etc. likely to help with volunteers and vehicles in the event of a strike along with addresses of their executive office-bearers, should be kept by the Divisional Officer, Similarly, a list of other offices – Government and quasi-Government that are likely to spare volunteers from among their employees for taking up work of the department during the emergency, should for kept.

(vi)NOTE: Assistance of the National Cadet Corps may not be invoked as far as possible.

(Vii)When strike is imminent, instructions may have to be got issued by the Directorate General of Resettlement and Training/Chief Labour Commissioner, Ministry of Labour for Employment Exchanges to nominate persons for working as substitutes during a strike in the Department. This will be taken up by this Directorate sufficiently in time when a strike is threatened.

Honorary volunteers who offer to assist the Department in running the Postal services during a strike may be enlisted and their services utilized. They must be handled with utmost courtesy and full appreciation must be shown for their offer. There are a few precautions which must necessarily be taken to ensure that they are bonafide helpers. In the case of prominent persons, there would difficulty in reaching a decision in the case of others, however, some unobtrusive screening would be necessary and hence such volunteers should be discreetly asked for production of a letter of introduction from public institution or organizations which sponsor them. A list of honorary volunteers with their addresses should be maintained.

Loyal Departmental Staff, outsiders and volunteers may, if willing, be lodged in office or departmental buildings, where considered necessary or advisable to protect.
Arrangements for refreshment/meals for them should be made according to their duty hours, at the cost of the Department.

7. Heads of Circles and Divisional Officers should ensure that the Unions and staff do not misuse the communication facilities provided by the Department and place departmental cyclostyling machines and typewriters out of their reach.

8. You are asked to chalk out strategy and preparation in advance to tackle the strike and report to Member (D) before 30th June ’98.
(DG (P) DO No. 8-27/97-SR/Pt dated-23.06.1998)