Tele-Fax: 23697701
ALL INDIA GRAMIN DAK SEVAK UNION
(Central
Head Quarter)
First
Floor, Post Office Building, Padamnagar, Delhi 110007
President: D.N. Giri
General Secretary
S.S. Mahadevaiah
Letter No.GDS/CHQ/52/1/2013 Dated: 14.02.2014
To
Sri S.K.
Das,
Regional Labour Commissioner(Central),
Jeevan Deep Building,
New
Delhi-110001
Sub:- All
India Gramin Dak Sevaks Union proposed Indefinite strike from 18-02-2014
settlement of the justified demands of Gramin Dak Sevaks.
Respected Sir,
This
is with reference to your letter No. 8(2)2014-PA Dated 13.02.2014 Regarding programme of Indefinite
strike. Most respectfully we request the Department of
Posts to consider the following demands positively.
I.) Civil Servant status to Gramin Dak Sevaks
It is not irrelevant to mention
EDA(Conduct & Service) Rules, 1964: Supreme Court ruling that EDA are
holders of Civil Posts.
“The question whether Extra Departmental agents are holders
of Civil Posts under the Government of India has been the subject matter of
contention for a long time. The Department has always held the view that EDAs
are part time employees, who are expected to have independent source of income
Generally school teachers, small shop keepers, farmers, village headman,
employees of local Government’s etc. Work as EDAs. The EDAs are not work for
full time and as such are not eligible for concessions and privileges
admissible to regular Government servants. This view of the Department and as
such entitled to protection under article 311(2) of the constitution. Not
satisfied with the judgement of the learned High Court, the department went in
appeal against their judgement to the Supreme Court. The Supreme Court in their
judgement delivered of civil posts under the Government and protection
available to regular Government servants under provisional of article 311(2) of
the constitution. After examining the relevant features of the EDA(Conduct
& Service) Rules, 1964, which according to the Supreme Court, contained
elaborate provision controlling the Payment, leave, termination of service,
nature of Penalties, Procedure for imposing penalties, right of appeal etc. The
Supreme Court hold that.
“It is thus clear that an Extra Departmental Agents is not a
casual worker but he holds a post under the administrative control of the
state. It is apparent from the rules that the employment of Extra Departmental
Agent is in a post which “exists apart from” the person who happens to fill it at any
particular time. Though such a post is outside the regular Civil Services,
there is no doubt it is a post under the state. The tests of Civil Post
laiddown by this court in Rana Chandra Dutta’s case (Suprav) are clearly
satisfied in the case of Extra Departmental Agents.”
The rules make it clear
these Extra Departmental agents work under the direct control and supervision
of the authorities who obviously have the right to control the manner in which
they must carry out their duties. There can be no doubt therefore that the
relationship between the postal authorities and the extra departmental agents
is one of master and servant.
The implication of the
judgement of the Supreme Court is that EDAs who have till now been not regarded
as holders of Civil Post will hence forth be entitled to be treated as holders
of Civil Post and as such safeguards available to regular Government servants
under Article 309 and 311(2) of the constitution will also have to be extended
to them.
It time factors for all
the work performed by the GDS is formulated, certainly it will pave way for the
regularization of many GDS who are actually working for more than six hours but
not availed the benefits of departmentalization. We don’t want any incentives
or perks denying our regularization.
The present Minister of
Communications & IT Sri Kapil Sibal has sought recently to the department
about the regularization of all the GDS for which the department has furnished
that it will cost around 4000 crores. If new norms are fixed for the work and taking
consideration of providing computers at BOs to expand the services to the
public, We should not mind about the cost involved.
II) Inclusion of GDS wage structure & service conditions in the
purview of 7th Central Pay Commission.
Except Justice Talwar Committee, all the Committees
appointed by the Government for revision of the wage structure and other
service conditions of Gramin Dak Sevaks made so many retrograde recommendations
done injustice to the low paid employees. Though the GDS system is unique to
the Department of posts, it is not falling under any of the classified group,
EDAs were included within the purview of First Central Pay Commission for
revision of the wage structure and other service conditions. The GDS system
will really be an invaluable asset to the department of posts, if the
department utilizes properly.
2) The 4th
Central Pay Commission have categorically observed and held in Para 1.18 of
their report thus:
The matter is however beyond controversy after the decision of the
supreme court in Gokalnanda’s case where it has been declared that the extra
departmental agent is not a causal worker but holds a post under the
administrative control of the State” and that 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 the extra departmental employees were outside the purview
of the terms of our commission.
Thus the 4th Central Pay Commission were not
inclined to exclude the ED agents from the terms of their purview and have
termed the ED Agents as Central government employees.
3) The
Central Administrative Tribunal Ernakulam Bench has rejected the arguement that
by the Judgement dated 22.4.1977 of the Supreme Court ED agents have been
declared holders of Civil Post only for the purpose of protection and
safeguards in article 311(2). The Bench in O.A No. 584/95 decided on 23.1.1996
observed:
We find no warrant for
reading the restriction into the declaration of law in the Rajamma’s case and
limiting it to article 311 the declaration is that extra departmental agents
are holders of Civil Post.
Justice Talwar Committee has entirely agreed with this
observation.
4) The sum
total is that by the observation and declaration of experts and Judiciary, the
Gramin Dak Sevaks fulfill the requirement of being included in the purview and
terms of the Central Pay Commission.
Hence you are requested
to consider this demand positively.
III) Provide cent percent compassionate appointments to the wards of
deceased GDS employees.
The declaration of Justice Talwar that 95-70% GDS are
solely depending upon their wages for their livelihood. In rural areas, nobody
can get any income from small hut or thatched house. It is pity that GDS who is
having small hut or thatched house in a Village and owned 20 or 25 percents of
land allocating ‘o’ points. We cannot understand now can they get sufficient
income on the small portion of land. The procedure has been reviewed.
The Department has held
the view that the job profile, working hours, working conditions, applicability
of rules for the regular Departmental Employees and that of the GDSs are all
together different so it is not correct to compare GDS compassionate
appointments with departmental compassionate appointment.
Hence it is requested to
review the procedure and reduce the points fixed for deserving cases from 50 to
35. Kindly modify the conditions regarding the term dependents. Married son and
the old parents of deceased employee may be considered as dependents.
IV) With the hope of departmentalization at one day, GDS are
prolonging their life with more expectation of their future.
If unfilled Gr-D quota vacancies are offered to the
open market recruitment, it will be adversely affected the promotional chances
of senior group-D staff and GDS. We would like to point out that young and
energetic and highly educated are being appointed as GDS in the Department.
They are capable of doing any kind of work. There is no need to offer for young
blood to the open market. Due to the high standard or the question papers
beyond 10th standard, so many posts in Postman & MTS Cadre are left
unfilled. So a special examination may be conducted on the basis of 10th
standard to fill up the unfilled posts. 25% vacancies of Postman may be filled
up with senior GDS officials on the basis of seniority cum-fitness.
More over the Department
did not discuss to the AIPEDEU before introducing the R.R. rules. Our views are
not taken into consideration unilaterally the R.R. rules were implemented.
REQUEST
We have already submitted our views on our justified
demands to the Department of Posts. Unfortunately there is no positive response
from the Department after the five days countrywide relay hunger fast from 20-24
January, 2014. We are compelled to go on Indefinite strike.
Hence your kind
intervention is requested to settle our justified demands positively.
With
regards.
Yours faithfully,
(S.S.
Mahadevaiah)
General Secretary
