NFPE & AIPEU GDS (NFPE) STAND ON GDS ISSUES :-

WHY WE ARE DEMANDING INCLUSION OF GDS IN 7^thCPC……...?

WHY WE ARE OPPOSING SEPARATE COMMITTEE FOR GDS……….?

‘Recognized’ GDS Union has signed a ‘respectful’ agreement with the Govt. accepting separate Committee for GDS. NFPE, FNPO, AIPEU GDS(NFPE), NUGDS, Confederation of Central Govt Employees, JCM National Council (staff-side) all are demanding inclusion of Gramin Dak Sevaks’ issues under the 7^th CPC. Now Govt is moving ahead to appoint a separate Committee for GDS with the consent of recognized GDS Union.

NFPE, FNPO, AIPEUGDS (NFPE), NUGDS have decided to oppose the move of the Govt and decided to declare indefinite strike from third week of February 2015. Date of the strike will be announced in the Parliament March to be held on 4^th December 2014. 20,000 Postal & RMS employees including Gramin Dak Sevaks will participate in the Parliament March.

Why we are opposing separate Committee for GDS … 

Read below.............

RECOMMENDATIONS OF JUSTICE CHARANJIT TALWAR COMMITTEE FOR GDS (REPORT SUBMITED TO GOVT ON 30-04-1997)

.......... in its Report Chapter-IX para-1.1 “It is therefore recommended that when ever it required to review the service conditions and wage structure of the employees of Department of Posts, ED Agents be bracketed along with departmental employees. There is no need to set up a separate Committee or Commission for the Extra Departmental Agents”

RECOMMENDATIONS OF THE FOURTH CENTRAL PAY COMMISSION CHAIRMAN JUSTICE (RETD) SHRI SINGHAL OF SUPREME COURT OF INDIA –

“‘the matter is beyond controversy after the decision of Supreme Court of India in Gokulanda Das’s case where it has been declared that ‘an Extra Departmental Agent is not a casual worker but holds a post under the administrative control of the State and that while such a post is outside the regular civil service, there is no doubt that it is a post under the ‘State’. In view of this pronouncement we are unable to accept the contention that “extra departmental employees are outside the purview of the terms of reference of our Commission”

STAND TAKEN BY DEPARTMENT OF POSTS IN DO LETTER No.17-13/2014-GDS dated 17-02-2014 ADDRESSED TO DEPARTMENT OF PERSONNEL & TRAINING – 

“The demand for inclusion in 7^th CPC based on the definition of the expression ‘Central Govt. Employees adopted by 4^th Central Pay Commission in para 1.11 of the report “as all persons in the Civil Services of the Central Government or holding Civil Posts under the Government and paid out of the consolidated fund of India” and its observations in para 1.17 & 1.18  - besides Apex Court’s judgement dated 22-04-1977 in the matter of Superintendent of Post Offices Vs. P.K.Rajamma regarding Gramin Dak Sevak services (earlier called Extra Departmental Agents) as holders of the civil post outside the regular civil service”….. 4^th Central Pay Commission has categorically stated in para 1.10 that the expression ‘Central Govt Employees’ has not been defined in the Constitution or any other Law. It thus seems appropriate, if this term is duly defined based on which a final view over the inclusion of Gramin Dak Sevaks with in the purview of 7^th CPC becomes possible”

REPLY GIVEN TO SECRETARY GENERALS OF NFPE & FNPO BY THE DEPARTMENT OF POSTS (Letter No.08/01/2014-SR dated 18-02-2014) – 

“your demand for inclusion of GDS in the 7^th Central Pay Commission has been referred to DoP&T for a decision in the matter”

REPLY GIVEN TO NFPE & FNPE, AIPEU GDS (NFPE) & NUGDS (Postal Joint Council of Action) BY THE SECRETARY, DEPARTMENT OF POSTS (Letter F.No.9-10/1997-SR dated 29-10-2014) – 

“Request for inclusion in the 7^th CPC stands referred to Ministry of Finance, Department of Expenditure vide Department of Posts ID No.17-13/2014-GDS dated 17-02-2014.”

Where as ……….

RECOGNIZED GDS UNION’S STAND (Printed in their office journal ‘Rural Postal Employees for the month of April 2014: page-2) – 

“One man GDS Committee more independent than a Judge heading a Pay Commission with other members”

Further ……

“Mr. Destructor (i.e., Com. M. Krishnan, then Secretary General, NFPE), if you can’t do any good to employees, please do not mislead GDS employees”.

Now, recognized GDS Union General Secretary submitted memorandum to Communications Minister and Secretary, Department of Posts, demanding separate committee for GDS. Further he wrote to the Department not to allow NFPE & FNPO to take up the GDS cases with Department.

WHO IS MISLEADING GDS.......?

NFPE & AIPEU GDS (NFPE) is not misleading GDS. It is the recognized GDS union General Secretary who is misleading GDS, by signing a ‘respectful’ agreement with the Govt accepting separate Committee for GDS. The recognized GDS Union has cheated three lakh Gramin Dak Sevaks.

NFPE & AIPEU GDS (NFPE) FIGHTING LEGALLY ALSO ….

While continuing our organizational fight for emancipation of three lakh Gramin Dak Sevaks by conducting series of agitational programmes including Parliament March and indefinite strike NFPE & AIPEU GDS (NFPE) is conducting legal battle also for departmentalization of GDS. We have filed a Writ Petition [No. WP (C) 1003 of 2013] in the Supreme Court of India praying for Departmentalization and grant of Civil Servant Status for GDS as pronounced by the Supreme Court in the landmark judgement of Rajamma’s case in 1977.

Hon’ble Supreme Court, after hearing the Writ Petition directed Delhi High Court to hear the case on behalf of three lakh Gramin Dak Sevaks and deliver judgement.

Now the case is transferred by Supreme Court to Delhi High Court and registered under No..WP(C) 168 of 2014. Two sittings are already over. Govt of India, Department of Posts has submitted their reply statement. Now we are filing our rejoinder to the reply statement. Case is listed for hearing in Delhi High Court on 04-02-2015.

LET THE EMPLOYEES DECIDE WHO IS THE REAL CHAMPION FIGHTING FOR GDS

 AND 

WHO IS CHEATING THE GDS IN THE NAME OF ‘RECOGNIZED’ GDS UNION.

.......YOU CAN CHEAT SOMEONE FOR SOME TIME  ….... 

.....BUT YOU CAN NOT CHEAT EVERY ONE FOR EVER....

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AWAKE! ARISE!! UNITE!! POSTAL JOINT COUNCIL OF ACTION DECIDES TO GO FOR INDEFINITE STRIKE .

NFPE * FNPO * AIPEU-GDS (NFPE) * NUGDS

NATIONAL FEDERATION OF POSTAL EMPLOYEES

FEDERATION OF NATIONAL POSTAL ORGANIZATIONS

ALL INDIA POSTAL EMPLOYEES UNION GDS (NFPE)

NATIONAL UNION OF GRAMIN DAK SEWAKS (FNPO)

CENTRAL HEAD QUARTERS, NEW DELHI – 110001

 

Dated – 11.01.2014

POSTAL JOINT COUNCIL OF ACTION DECIDES TO GO FOR INDEFINITE STRIKE DURING THE THIRD WEEK OF FEBRUARY 2015. DATE OF STRIKE WILL BE DECLARED IN THE

2014 DECEMBER 4^TH PARLIAMENT MARCH

Government and Postal board are totally negative and insensitive towards the demands of five lakhs Postal and RMS employees including Gramin Dak Sewaks and Casual, Part-Time Contingent employees.

EVERY DEMAND IS EITHER REJECTED OR INDEFINITELY DELAYED
1	Inclusion of Gramin Dak Sewaks under 7th Central Pay Commission and grant of civil servant status	Rejected. Government decided to appoint separate committee with the approval of recognised GDS union.
2	Casual Labour wage revision and regularistaion	Pending for the last six years. Revision of wages due from 01.01.2006. File still pending with Government. Poor employees are starving.
3	Cadre restructuring of Postal, RMS, MMS, Admin, Postal Accounts employees	Long pending in the Directorate. No improvement.
4	Merger of DA with Pay	Rejected by Government
5	Grant of Interim Relief	Rejected by Government
6	Date of effect of 7th CPC from 01.01.2014	Government not ready to give any direction to 7th CPC.
7	Scrap New Pension Scheme.	Rejected by Government
8	Remove 5% ceiling for compassionate appointments	Government not ready to remove the condition.
9	GDS Medical reimbursement scheme	Pending for last six years
10	MACP anomalies including promotees case	Rejected inspite of several CAT/Court Judgment
11	Postmaster Cadre related issues including permission to write IP/PS Group ‘B’ exam and parity with LSG, HSG-II regarding service length for promotion.	Still pending. Attitude of the Department is totally negative.
12	System Administration case	Rejected. Not ready to consider the demands on its merits.
13	RTP service regularization	Rejected. Inspite of CAT orders not ready to issue general order
14	SBCO related issues	Rejected on flimsy grounds.
15	Postmen related issues	No progress
16	Parity in cash handling allowance	Rejected.
17	Counting of Accountants special Allowance for pay fixation on promotion	Rejected.
18	Computer and Technology related several issues	No progress. Situation worsening day by day. Employees are suffering. Public agitated
19	Harassment of staff on account of CBS & CIS	Still continuing
20	Allotment of funds for sanctioning all pending Medical, TA, OTA and RPLI/PLI incentives	No progress. Bills pending for months together
21	Overtime allowance revision	Pending for 27years
22	Circle processing centers (CPO) of PLI/RPLI at CO/ROs and stop redeployment of posts	Rejected
23	Sunday, Holiday compulsory working	Still continuing in certain circles
24	Office Building and staff quarters cases	No progress. Situation worsening. Staff are suffering
25	MNOP related issues	Suggestion of staff side rejected
26	Quality of uniforms, Chapplas and kit-items	No improvement
27	Chennai Postal Accounts victimization	Still pending
28	Stop Postmen/MTS open market outside recruitment	Still pending. No progress
29	Filling up of all vacant posts including canteen employees	Slow progress
30	Creation of justified new posts	Total Ban imposed on creation of new posts
31	Prompt convening of Monthly meeting, Bi-monthly/four monthly meetings, JCM Regional Council meeting, JCM Departmental Council meeting, Formal meeting with Secretary (Posts)	Periodicity is not maintained. In many divisions. Circles no meeting is held for months together
32	Prompt holding of Departmental promotion committees (CPCs)	No progress

Dear Friends and Comrades,

Meeting of the Postal Joint Council of Action was held on 11.11.2014 at New Delhi. Shri D. Theagarajan, Secretary General, FNPO presided. Com. R. N. Parashar, Secretary General, NFPE presented agenda items for discussion. General Secretaries of affiliated Unions/Associations of NFPE & FNPO attended. Com. M. Krishnan, Ex-Secretary General of NFPE was also present in the meeting. PJCA reviewed the progress in settlement of 39 points charter of demands submitted to Secretary, Department of Posts on 28.08.2014. PJCA came to the unanimous conclusion that not even a single issue is settled by the Government and Department. Employees are suffering but authorities are turning a deaf year towards their genuine demands. Rome is burning but Neros are fiddling.

None of our demand is unjustified. Five lakhs Postal and RMS employees including Gramin Dak Sewaks and Casual, Part-time, contingent employees cannot remain as mute spectators. There is a limit for our patience. Government and Postal Board are treating our patience as our weakness.

Taking into consideration all the above aspects, the PJCA unanimously took the following decision.

1.      Entire five lakhs employees of the Department of Posts will go on indefinite strike from the third week of February 2015, if the demands are not settled before 31.12.2014.

2.      The date of the indefinite strike will be declared in the 4^th December 2014 Parliament March.

3.      Every effort should be made by all All India/Circle/Divisional Unions to ensure maximum participation of employees in the Parliament March. Minimum 20000 employees should participate in the March. All should bring flags and banners.

4.      Laaders of INTUC, CITU, AITUC & JCM National Council staff side will be invited to address the Parliament March.

5.      Next PJCA meeting will be held on 03.12.2014 at 5 PM to decide the date of indefinite strike.

Let us march ahead with Determination and courage. This is time to show your sincerity towards the cause of five lakhs employees of the Department of Posts. Let us make the parliament March a Historic success. Let us unite together and make the indefinite strike a Thundering success. Let the Government and Postal Board understand that we are not Dumb-Driven cattle. We are workers and not beggars.

AWAKE! ARISE!! UNITE!!

Come in the Thousands to the Parliament March

Let us declare the indefinite strike in the presence of 20000 Postal Employees on 4^th December 2014

Yours sincerely,

R. N. Parashar                                                                                     D. Theagarajan

Secretary General, NFPE                                                                     Secretary General, FNPO       

P. Pandurangarao                                                                                P. U. Muraleedharan

General Secretary                                                                               General Secretary

AIPEU-GDS (NFPE)                                                                               NUGDS (FNPO)

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ADMIT CARDS FOR IP AND LGO DEPARTMENTAL EXAMINATION FOR THE YEAR 2014 TO BE HELD ON 22ND AND 23RD NOVEMBER 2014.

PL.DOWNLOAD YOUR ADMIT CARDS FROM THE LINK  GIVEN BELOW FOR THE IP & LGO EXAM.2014. TYPE IT ON YOUR INTERNET BROWSER & DOWNLOAD THE ADMIT CARDS.
http://eapplynew.com/DOPDPT/Pages

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SANGEET-SANDHYA2014-- CONGRATULATIONS TO ALL MEMBERS FOR ITS GRAND SUCCESS. THANKS TO ALL WHO HAS EXTENDED THEIR SUPPORT TO US. HOPE, ALL OF YOU,WHO ATTENDED THE FUNCTION, ARE VERY-MUCH PLEASED.

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SANGEET -SANDHYA 2014 : FINAL COUNT DOWN. PL. TAKE YOUR SEAT AT SARAT SADAN (1NO.HALL) AT 5 P.M. TO ENJOY THE FUNCTION FROM THE VERY BEGINNING. IT WILL BE A GREAT EXPERIENCE.

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Copy of Charge-sheet cannot be denied under RTI Act : CIC.

The CIC Prof M Sridhar Acharyulu held on 3rd November 2014 that ‘charge-sheet’ has to be disclosed after separating non-disclosable portions, if any, as per restrictions prescribed under RTI Act. Ms. Usha Kanth Asiwal sought to know from Director of Vigilance Delhi, details of complaint made to Anti Corruption Bureau on 25-04-2001 and  inquiry leading to registration of case against 13 persons under Prevention of Corruption Act, which is now under prosecution in Tis Hazari Courts. She sought 22 point information, which broadly relate to contents of the Charge-sheet.

The PIO denied the information u/s 8(1)(h) of the RTI Act claiming disclosure would impede investigation or prosecution.  The First Appellate Authority upheld the decision of the PIO.  She approached the Commission in second Appeal. Though demand was not for copy of charge-sheet, the appellant agreed that a copy of charge-sheet would answer his application. Then issue before the Commission was whether charge sheet was public document, and if so could that be shared under RTI Act with any citizen.

CIC Prof Sridhar Acharyulu explained: ‘The charge sheet is a report held by the investigating officer, or public authority or court of law. As per the RTI Act, any information held by the public authority can be accessed by the citizen subject to the exceptions provided under Section 8. Because the charge-sheet contains the evidence which need to be adduced in the court of law, there is a possibility of opening up many details which could be personal or private or confidential. If the allegation requires to be proved by call data, the charge sheet refers to sheets of call data, which surely contain call details unrelated to allegation. That could be private information need to be protected. Hence each charge sheet has to be separately examined and only after separating unnecessary and unrelated details of evidence, and only required and permissible information out of chargesheet should be disclosed. Thus Charge-sheet can neither be prohibited enbloc from disclosure nor disclosed totally. Charge-sheet is a document held by concerned authority, which has to examine disclosable aspects vis-a-vis Section 8 and 9 of the RTI Act and then decide the case’.

As per the Criminal Procedure, the charge-sheet is the end product of investigation. With filing of charge-sheet, the investigation is closed and defense that investigation might get impeded does not stand at all.    Whether revealing the information impedes apprehension or prosecution is the next question. The Respondent authority did not even raise this point and did nothing to explain the Commission about possibility of impeding apprehension/prosecution by disclosure.  The Public Authority just mentioned the section number and did nothing else. The First Appellate Authority also did not apply the mind and chose not to give any reasons for upholding the denial by PIO. The exemption of larger public interest provided in Section 8(1) is not available to this clause (h). Thus it has to be decided on facts whether disclosure of charge-sheet will really obstruct investigation, apprehension or prosecution. The judgment of the Delhi High Court in W.P.(C) No.3114/2007 – Shri Bhagat Singh Vs. Chief Information Commissioner & Ors on this aspect is of relevance, since it deals with the applicability of the Section 8(1)(h) of the RTI Act 2005: S Ravinder Bhat J specifically notes, “As held in the preceding part of the judgment, without a disclosure as to how the investigation process would be hampered by sharing the materials collected till the notices were issued to the assessee, the respondents could not have rejected the request for granting information. …”

It can be inferred that there is no specific provision anywhere prohibiting the disclosure of charge-sheet and if there disclosure does not affect investigation or prosecution it can be permitted under RTI, unless there is a public interest against disclosure. The chargesheets containing charges under Prevention of Corruption Act, especially against public servants, need to be in public domain, in public interest.

Citing several decisions the CIC said: There is no specific provision under any law which state that charge-sheet is a public document, but there are several judgment of the Supreme court and High court which clarify that charge sheet is a public document. Queen-Empress v. Arumugan and Ors ( (1897) ILR 20 Mad 189) has held that any person has an interest in criminal proceeding has a right to inspect under section 76 of the Indian Evidence Act. In N David Vijay Kumar v The Pallavan Gram Bank, Indian Bank in File No. CIC/SG/A/2012/000189 CIC Mr Shailesh Gandhi ordered disclosure of Charge sheet ruling out the contention of exemption under Section 8(1)(j).

On the perusal of the RTI application, the Commission found that the  information sought by the applicant are the part and parcel of the information contain in the charge-sheet prepared after the completion of the investigation under section 173 of Cr. P. C. The purpose of the appellant will be served if the copy of the same would be provided to the appellant. The respondent authority also agreed to provide the copy of charge sheet.

Considering the provisions of Cr.P.C., Evidence Act, RTI Act, erudite judicial pronouncements, certain transparency practices in CVC,  facts and circumstances of the case and contentions raised, the Commission holds that the charge sheet is a public document and it shall be disclosed subject to other restrictions provided under RTI Act. There cannot be a general hard and fast rule that every charge-sheet could be disclosed or should not be. Each RTI request for copy of Charge-sheet required to be examined and only permissible part should be given.  The Commission, hence, directed the respondent to examine the content of charge-sheet and to provide appellant/… the copy of those portions of charge-sheet, which would answer the queries raised by appellant in his RTI application, within 3 weeks from the date of receipt of the order.

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GDS once again deceived with the trail of recognized union.CAT IS OUT; FATE IS SEALED,BUT POSTAL JCA TO FIGHT FOR GDS.

......We as the only recognised representatives of the Gramin Dak Sevaks, we demand for appointment a one man committee under a retired Judge of a High Court/Supreme Court. We may add that this is in accordance with the terms of the agreement that was signed between the department and this union during 2014 February indefinite strike on 21st February, 2014. We are submitting herewith a copy of the agreement also for your ready reference....... this is a part of the letter of General Secretary, AIGDSU addressed to Hon'ble MoC&IT (31-10-2014)

CAT IS OUT; FATE IS SEALED;

BUT PJCA TO FIGHT FOR GDS

NOW THE CAT IS OUT OF THE BAG - GRAMIN DAK SEVAKS WANT INCLUSION IN 7th PAY COMMISSION - BUT RECOGNISED GDS UNION (MAHADEVAIAH) WANT SEPERATE ONE MAN COMMITTEE - RECOGNITION SHOULD NOT  BE A LICENCE TO CHEAT POOR GDS

1. Honourable Supreme Court of India in 1977, Fourth Pay Commission headed by Retired Supreme Court Justice Shri Singhal in 1988 and Retired Delhi High Court Justice Shri  Charanjit Talwar in the year 1998 has clearly stated in their judgments and reports that three lakhs Gramin Dak Sevaks working in the Postal Department are CIVIL SERVANTS (Govt Employees). Govt has appointed Seventh Pay Commission to examine the wages and service conditions of all Central Govt Employees.GDS being Civil Servants should be included in the terms of reference of 7th Pay Commission itself. There should not be any discrimination. This is the demand of Postal Joint Council of Action (NFPE, FNPO, AIPEU -GDS (NFPE) & NUGDS) and Confederation of Central Govt Employees & Workers and also the demand of entire JCM National Council Staff side Organisation's including Railways, Defence  & Confederation.

2. But unfortunately the leader of the RECOGNISED GDS UNION Shri MAHADEVAIAH do not want GDS to be included in the 7th Pay Commission. He want a seperate ONE MAN COMMITTEE for GDS. He signed a respectful (!!!) agreement with the Department when UPA (Congress) Govt. was in power agreeing for a seperate committee. THUS THE RECOGNISED GDS UNION SIGNED THE DEATH WARRANT OF THREE LAKHS GDS. Further Shri Mahadevaiah wrote to the Department NOT TO PERMIT NFPE & FNPO to take up GDS cases with the Department. After NDA (BJP) Govt coming to power Shri MAHADEVAIAH again submitted memorandum to the Minister Communications and Secretary, Department of Posts REQUESTING APPOINTMENT OF SEPERATE ONE MAN GDS COMMITTEE.As the recognised GDS Union of Shri MAHADEVAIAH has already agreed for seperate one man committee , new BJP Govt may go ahead with the appointment of seperate one man GDS committee.THUS RECOGNITION HAS BECOME A LICENCE TO CHEAT THREE LAKHS POOR GDS EMPLOYEES.

3. Postal Joint Council of Action (NFPE, FNPO, AIPEU - GDS (NFPE) , NUGDS) strongly oppose any move to appoint seperate one man committee for GDS and we are demanding inclusion of GDS under 7th Pay Commission itself. We have already submitted memorandum to Honourable Prime Minister Shri Narendra Modiji and Communications Minister Shri Ravi Shankar Prasadji. We are also conducting phased programme of agitational programmes. On 2014 December 4th there will a massive Parliament March of 20000 Postal and RMS employees including thousands of Gramin Dak Sevaks from all 22 circles demanding inclusion of GDS under 7th Pay Commission. If the Govt with the consent and support of Shri MAHADEVAIAH go ahead with the appointment of one man GDS Committee, then the JCA will declare higher form of trade union action including indefinite strike.

 

//copy//

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PL. COLLECT YOUR ENTRY PASSES FOR SANGEET - SANDHYA 2014, FROM HOWRAH H.O. ON MONDAY.

PL.COLLECT THE ENTRY PASS AS PER YOUR REQUIREMENT FROM COM.SONALI DAS, COM. ABHIJIT MAITY OF HOWRAH H.O. ON MONDAY . PL.SUBMIT THE COLLECTED DONATIONS WITHOUT DELAY. PL. INTIMATE EMPLOYEES OF THE DIVN.(ANY CADRE) ,WHO'S SON/DAUGHTER HAS PASSED MADHYAMIK PARIKSHA/ H.S.EXAM. (OR EQUIVALENT) THIS YEAR WITH STAR MARKS (75%) OR ABOVE, TO CONTACT WITH US IMMEDIATELY. EXTEND YOUR FULL SUPPORT & MAKE THE FUNCTION A GRAND SUCCESS.


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LAUNCH OF SAME DAY PARCEL DELIVERY- BY MEMBER (OPERATIONS.) PSB.

Member (Operations)  has launched a special service to the customers of twin cities of Hyderabad and Secunderabad on 29th October-2014. Customers serving from 7 post offices namely, Hyderabad GPO, Humayunnagar, Himayathnagar, Saroornagar, Malakpet, Malkajgiri, and Himmatnagar post offices will be provided same day delivery of parcel service to the customers .

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PL.EXTEND YOUR HAND OF CO-OPERATION TO OUR MEMBERS FOR THE SUCCESSFUL ARRANGEMENT OF THE NEXT SANGEE-- SANDHYA, ON 08.11.2014 (SATURDAY).

ALL MEMBERS OF OUR UNION IS HEREBY REQUESTED AGAIN TO TAKE ACTIVE PART IN THIS PLEASANT EVENT & AS PREVIOUS YEARS , MAKE IT A GRAND SUCCESS. ENTRY PASSES WILL BE DISTRIBUTED FROM HOWRAH H.O. FROM 01.11.2014. PL.SUBMIT YOUR REQUISITION ON TIME TO COM.ABHIJIT MAITY & COM. SONALI DAS AT HOWRAH H.O.

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