No. GDS/CHQ/40/1/2006 Dated: 07 Feb, 2007
Shri Dayanidhi Maran,
Hon'ble Minister for Communications & IT,
Government of India,
6, Electro Niketan, CGO Complex,
Lodhi Road,
New Delhi - 110003
Subject: Formation of Judicial Committee for considering the demands of the GDS Employees working in the Department of Posts – requested.
Respected Sir,
The rejection of the request of this union of setting up of judicial commission/Committee for Gramin Dak Sevaks, vide DG Posts letter No.8-7/2006/SR dated 08-12-2006 has caused grave injustice to the cause and interests of 3 lakh GDS employees. Such a decision, to say the least is very arbitrary and discriminatory. It also negates an accepted principle that the four previous committees headed by Departmental Officers had not done any justice to the case of GDS(formerly called ED Agents) and that is why a judicial officer, this time onwards shall head the said committee/Commission vide parliamentary debate on the subject of December 1993 strike leading to the decision to appoint a judicial person to head the committee and that is how Hon Justice(Retired) Charanjit Talwar came to be appointed as chairman. Hence the practice of appointing a departmental official to head such a Committee was consciously given a go by as it faced considerable criticism that none of the previous committee has done any justice to the case of these employees. Thus the parliamentary debate on this issue is most crucial and vital to influence the decision to switch over to a judicial member to head the GDS (EDAs) Committee.
Thus the present decision to justify a Committee headed by Departmental Officer on the grounds that “GDS is an institution peculiar to the Department of Posts and, therefore a departmental officer would be most suited to the assignment”, is already rejected proposal after debate at the highest level or the government on going through the relevant merits and demerits of the alternative proposals i.e whether a Departmental office or a judicial officer. Hence we strongly repudiate the logic behind such a decision and urge for the appointment of the judicial Committee which alone would render justice to the cause of GDS,
This is amply proved by going through the reports given by the departmental officers committees and comparing it with that of the one given by judicial committee i.e Justice Talwar Committee. Any committee headed by a Departmental officer would carry with it considerable bias and prejudice of a lifetime of association with the system and would be totally bereft of open minded consideration. It is in this back ground the union has been struggling to ameliorate the service conditions of GDS i.e EDAs, and aiming ultimately at full regularization. During the December, 1993 strike struggle we were able to succeed in securing judicial committee thwarting the practice of committee headed by departmental officers.
This solemn understanding extended by Government on the floor of the parliament is to be treated as sacroscant and needs to be honoured in keeping with principles of natural justice and adherence to the ethics of building abiding and adorable relations between employer and employees. We therefore cannot brook any attempt to deny us hard won ground to have a judicial officer to head the GDS committee much in the same way as the 6thCPC. We would like to resist such arbitrary and discriminatory treatment of denial of judicial committee at any cost and every forum say Trade union front or legal Arena.
We are really sorry to note why the Department is going back on this issue which is already a settled one during December, 1993 strike. Hence we pray kindly reconsider the decision in the light of the above submission and decide to appoint a judicial member to head the GDS Committee.
With high regards,
Yours faithfully,
S.S.MAHADEVAIAH
General Secretary.
Shri Dayanidhi Maran,
Hon'ble Minister for Communications & IT,
Government of India,
6, Electro Niketan, CGO Complex,
Lodhi Road,
New Delhi - 110003
Subject: Formation of Judicial Committee for considering the demands of the GDS Employees working in the Department of Posts – requested.
Respected Sir,
The rejection of the request of this union of setting up of judicial commission/Committee for Gramin Dak Sevaks, vide DG Posts letter No.8-7/2006/SR dated 08-12-2006 has caused grave injustice to the cause and interests of 3 lakh GDS employees. Such a decision, to say the least is very arbitrary and discriminatory. It also negates an accepted principle that the four previous committees headed by Departmental Officers had not done any justice to the case of GDS(formerly called ED Agents) and that is why a judicial officer, this time onwards shall head the said committee/Commission vide parliamentary debate on the subject of December 1993 strike leading to the decision to appoint a judicial person to head the committee and that is how Hon Justice(Retired) Charanjit Talwar came to be appointed as chairman. Hence the practice of appointing a departmental official to head such a Committee was consciously given a go by as it faced considerable criticism that none of the previous committee has done any justice to the case of these employees. Thus the parliamentary debate on this issue is most crucial and vital to influence the decision to switch over to a judicial member to head the GDS (EDAs) Committee.
Thus the present decision to justify a Committee headed by Departmental Officer on the grounds that “GDS is an institution peculiar to the Department of Posts and, therefore a departmental officer would be most suited to the assignment”, is already rejected proposal after debate at the highest level or the government on going through the relevant merits and demerits of the alternative proposals i.e whether a Departmental office or a judicial officer. Hence we strongly repudiate the logic behind such a decision and urge for the appointment of the judicial Committee which alone would render justice to the cause of GDS,
This is amply proved by going through the reports given by the departmental officers committees and comparing it with that of the one given by judicial committee i.e Justice Talwar Committee. Any committee headed by a Departmental officer would carry with it considerable bias and prejudice of a lifetime of association with the system and would be totally bereft of open minded consideration. It is in this back ground the union has been struggling to ameliorate the service conditions of GDS i.e EDAs, and aiming ultimately at full regularization. During the December, 1993 strike struggle we were able to succeed in securing judicial committee thwarting the practice of committee headed by departmental officers.
This solemn understanding extended by Government on the floor of the parliament is to be treated as sacroscant and needs to be honoured in keeping with principles of natural justice and adherence to the ethics of building abiding and adorable relations between employer and employees. We therefore cannot brook any attempt to deny us hard won ground to have a judicial officer to head the GDS committee much in the same way as the 6thCPC. We would like to resist such arbitrary and discriminatory treatment of denial of judicial committee at any cost and every forum say Trade union front or legal Arena.
We are really sorry to note why the Department is going back on this issue which is already a settled one during December, 1993 strike. Hence we pray kindly reconsider the decision in the light of the above submission and decide to appoint a judicial member to head the GDS Committee.
With high regards,
Yours faithfully,
S.S.MAHADEVAIAH
General Secretary.