RURAL POSTAL EMPLOYEES: 2007

Wednesday, December 26, 2007

CHQ Circular

GDS/CHQ/1/5/2008 Dated 24.12.2007

To,

All Circle/Divisional/Branch Secretaries,

All CWC Members A.I.P.E.D.E.U.

Dear Comrades,

I On behalf of the GDS Central Head Quarter wish you merry Christmas and New Year.

We are furnishing here the recent developments concerning the postal employees in general and GDS employees in particular.

Gratuity Act apply to GDS

After 1977, now Hon'ble Supreme Court of India upholds the High Court of Punjab and Haryana Judgement of GDS Gratuity At Chandigarh CWP No. 7576 of 2006 Date of Decision on May 18, 2006 after our CWC direction we defended on behalf of Sham Dulari & Ors case in Hon'ble Supreme Court the judgment that Govmt. SLP was finally dismissed on 07.12.2007. The argument of the learned counsel that the respondent workman is not covered by the definition of expression 'employee' as used in Section 2 (e) of the Gratuity Act does not require any detailed consideration because of the view expressed by the Hon'ble Supreme court in Dharam Parkash Sharma's case (supra). In that case also Central Civil Service (Pension) Rules, 1972 were adopted by the Municipal Corporation, yet the Hon'ble Supreme Court held that the Gratuity Act would apply in view of Section 5 read with Section 14 of the Gratuity Act. Therefore, we have no hesitation in rejecting the argument raised on behalf of the petitioner- department. For the reasons aforementioned, this petition fails and the same is dismissed.

Accordingly, we direct that the respondent- workman be paid her dues within a period of one month from today, failing which the annum from the date, the amount became due till the date of actual payment. The office is directed to send a copy of 'this order to the respondent- workman for information and further necessary action. The Copy of Judgment her with enclosed.

GDS Committee

We have prepared a short note on such items, which was already sent by CHQ (you may elaborate/improve it by giving suggestions explaining practical aspects). The GDS employees should sign the same at the space provided and forward one copy to the GDS Committee with copies to the Hon'ble Minister for Communications, D.G. (P) and the Prime Minister. You should not forget to send a copy to the CHQ. Other unrecognized Unions and federations have already submitted there Memorandum to GDS Committee. We are also thinking to submit to the Memorandum under protest. The Memorandum was placed before the CWC in June 2007 and discussions were held over it and finalized too.

ORGANISE STATE LEVEL MEETINGS –

The Circle/ Divisional/Branch Secretaries are requested to continue our campaigning against injustice and discrimination

Ø To intensify struggle more vigorously till achieving desired results

Ø To organize immediate meetings, Jatha's at Taluk, District levels inviting local people/leaders so that ensuing struggle will be spontaneous and complete in all respects.

Ø Each and every GDS official shall reach state capitals to hold MASSIVE meeting of the respective circles inviting ministers, MPs and local leaders. All organizers of branch, Division and the circle should take active part for success.

Clear Quota circle, CHQ and dues of Rural Postal Employees

The Divisional/Branch Secretaries are requested to clear dues for circle, All India. Further clear the dues of Rural Postal Employees.

With New Year Greetings,

Yours fraternally,

S.S. Mahadevaiah

General Secretary.

HON'BLE SUPREME COURT OF INDIA UPOLDS
IN THE HIGH COURT OF PUNJAB AND HARYANA JUDGEMENT OF GDS GRATUITY AT CHANDIGARH CWP No. 7576 of 2006
Date of Decision: May 18, 2006

ITEM NO.36 COURT NO.9 SECTION XV

SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
...
Petition(s) for Special Leave to Appeal (Civil) No(s) .21309/2006
(From the judgement and order dated 18/05/2006 in CWP No. 7576/2006
of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)

SR.SUPERINTENDENT, P&T HOSHIARPUR Petitioner(s)
VERSUS

SHAM DULARI & ORS. Respondent(s)
Date: 07/12/2007 This Petition was called on for hearing today.
CORAM:
HON'BLE MR. JUSTICE A.K. MATHUR
HON'BLE MR. JUSTICE MARKANDEY KATJU

For Petitioner(s)

Mr. R. Mohan, ASG
Ms. Kiran Bhardwaj, Adv.
Mr. V.K. Verma, Adv.
For Respondent(s)
Mr. D.S. Mahra, Adv.

Mr. Sanjay Parikh, Adv.
Ms. Anitha Shenoy ,Adv.
Mr. Jitin Sahni, Adv.
Mr. A.N. Singh, Adv.
Ms. Mamta Saxena, Adv.

UPON hearing counsel the Court made the following
0 R D E R
Heard learned counsel for the parties.
We are not inclined to interfere in this Special Leave
Petition. The same are accordingly, dismissed.
However, the question of law is left open.

Sd/ Sd/
(Sukhbir Paul Kaur) (Vijay Dhawan)
Court Master Court Master
IN THE HIGH COURT OF PUNJAB AND HARYANA JUDGEMENT OF GDS GRATUITY AT CHANDIGARH CWP No. 7576 of 2006
Date of Decision: May 18, 2006
Sr. Supdt. of Post Offices
... Petitioner
Versus
Smt. Sham Dulari and others
... Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT: Mr. MS Guglani, Advocate for the
petitioner
M.M. KUMAR, JUDGE
The Senior Superintendent of Post Offices, Hoshiarpur has challenged order dated 21.8.2003 (Annexure P.3) of the Controlling Authority appointed under the Payment of Gratuity Act, 1972 whereby he has been directed to pay a sum of Rs.12, 286/- as gratuity alongwith interest @ 10 percent from 25.12.2001 till the date of payment to the claimant. The afore-mentioned order has been upheld by the Appellate Authority i.e. Regional Labour Commissioner (Central), Chandigarh, vide its order dated January 5, 2006 (P-6)
Brief facts of the case are that one Shri Ram Murti was appointed as Extra Departmental Agent (EDA) on 4.9.1982 and he retired from service on 24.11.2001 after rendering 18 years 9 months and 25 days of continuous service who is now represented by his widow. After one month he died and had nominated his wife (hereinafter to be referred as respondent workman). The department of the Post Office represented through the petitioner had paid him an amount of Rs.16, 520/- as gratuity in accordance with the Post and Telegraph Extra Departmental Agent (Conduct) Service Rules, 1964 (for brevity EDA Rules). However, his widow has claimed gratuity under sub rule 1 of Rule 10 of the Payment of Gratuity (Central) Rules, 1972. She has claimed a sum of Rs.57, 692/- for the period of service rendered by her husband (18 years 9 months and 25 days). Despite representation made to the petitioner department for grant of balance amount of gratuity under the Payment of Gratuity Act, I 972 (for brevity 'the Gratuity Act') the same has not been paid to the respondent-workman. The Controlling Authority came to the conclusion that the case of the respondent- workman was covered by the definition of expression 'employee' as used in Section 2( e) of the Gratuity Act. It was also admitted by the petitioner- department that services of the respondent-workman has been considered out of the purview of Central Civil Service Rules. Placing reliance on Section 14 of the Act, the Controlling Authority held that payment of gratuity to any person cannot be denied on the ground of any other provision in any other Act/ Statute or Rules. Therefore, the plea that under the EDA Rules the gratuity is payable and the same would take the case of the respondent-workman out of the purview of the Gratuity Act has been rejected. Accordingly, an amount of Rs. 28,806/- has been calculated to be payable amount as gratuity under the Gratuity Act by taking into account the service period of 19 years of the respondent- workman. As the amount of Rs.16,520/- stands already paid, the balance amount of Rs. 12,286/- has been worked out. Accordingly a direction was issued for payment of the afore-mentioned amount. The order of the Controlling Authority was challenged by the petitioner- department before the appellate Authority cum Regional Labour Commissioner who rejected the argument that the services of the workman were regulated by the Central Civil Service Rules according to the judgement of the Supreme Court rendered in the case of U.O.I. and others v. Kameshwar Parshad 1997) 11SCC 650 by observing that Hon'ble the Supreme Court did not hold that EDA employees were holding the post under the Central Government. It was' infact held that they were Civil servants and were entitled to protection of Article 311 (2) of the Constitution. The view of the Appellate Authority -is evident from the concluding two paras of the order and the same reads as under:
"In this case, it is transparently clear that the post held by the husband of the respondent/applicant was a post not governed under CCS (Pension) Rules. The respondent/employee was Extra Departmental Branch Postmaster in the establishment of postal departmental and as such he was not holding a post under the Central Government. The service condition of the workman was governed under provisions of Extra Departmental Agents now known as Gramin Dak Sewaks but the provisions of the act are less favourable than the Payment of Gratuity Act, 1972. Hence, the ld. Controlling Authority has rightly held that the respondent/employee is an employee within the purview of Section 2(e) of the Payment of Gratuity Act, 1972.
Order
In view of the above findings, this Appellate Authority after affording the opportunities to the parties hereby confirmed the decision dated 21.8.2003 of the ld. Controlling Authority-cum-Asstt. Labour Commissioner (C) Chandigarh."
Mr M.S.Guglani, learned counsel for the petitioner has submitted that an employee has been defined in Section 2(e) of the Gratuity Act and it does not cover any such person who is governed by some other rules of the department. According to the learned counsel, the EDA Rules 1964 which are now known as Gramin Dak Sewak (Conduct and Employment) Rules, 2001 regulate the payment of gratuity to the workman and, the Gratuity Act would not be applicable. Accordingly, gratuity has to be paid to them in accordance with the EDA Rules. Therefore, the view taken by the Controlling Authority or the Appellate Authority accepting the workman respondent as an employee under the Act is absolutely incorrect. Learned counsel has further submitted that under the EDA Rules, the workman respondent has already been paid the gratuity amounting to Rs.16,520/- and no further gratuity is payable as the provisions of the Gratuity Act do not apply to the instant case.
We have thoughtfully considered the submissions made by learned counsel for the petitioner- department and regret our inability to accept the same because the definition of expression 'employee' in Section 2 (e) has to be read with Section 5 and 14 of the Gratuity Act. The aforementioned provisions of Section 2 (e), 5 and 14 are extracted below for faclity of reference: -
"2 Definitions.- In this Act unless the context otherwise requires,
(e) "employee" means any person (other than an apprentice) employed on wages, (* * *) in any establishment, factory, mine, oilfield, plantation, port, railway, company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, (and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.
5. Power to exempt.- [(1)] The appropriate Government may, by notification, and subject to such conditions as may, be specified in the notification, exempt any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act if, in the opinion of the appropriate Government, the employees in such establishment, factory, mine, oilfield, plantation, port, railway company or shop are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act.]
(2) The appropriate Government may, by notification and subject to such conditions as may be specified in the notification, exempt any employee or class of employees employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act, if, in the opinion of the appropriate Government, such employee or class of employees are in receipt of gratuity or pensionary benefits nor less favourable than the benefits conferred under this Act.]
[(3) A notification issued under sub section (1) or sub section (2) may be issued retrospectively a date not earlier than the date of commencement of this Act, but no such notification shall be issued so as to prejudicially affect the interest of any person.]
14. Act to override other enactments, etc.- The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument or contract having effect by virtue of any enactment other than this Act."
According to the definition of expression employee, any person who is employed on wages in any establishment, factory, mine etc., who may be performing the duty of a skilled, semi-skilled, or unskilled, supervisory, technical or duties of clerical nature, has been included in the expression' employee'. However, the expression 'employee' is not to /include a person who holds a post under the Central Government or State Government and is governed by any other Act or by any Rules providing for payment of gratuity. The respondent- workman is not governed by Central Civl Services (Classification, Control and Appeal) Rules, 1965, as has been expressly held by Hon'ble Supreme Court in para 3 of the judgment in Kameshwar Parshad's case (supra). It has further been held that the Extra Departmental Agent are entitled to the protection of Article 311 (2) of the Constitution and they are governed by separate set of Rules, namely, the EDA Rules. Therefore, it does not follow that the Extra Departmental Agent hold a post under the Central Government for the purposes of pension and gratuity. In other words, within the meaning of Section 2 (e) of the Gratuity Act, the respondent- workman cannot held to have held a post under the Central Government for the purposes of pension and gratuity. Para 3 and 4of the judgment is extracted below for the facility of reference:
"3. The Extra Departmental Agents are government servants holding a civil post and are entitled to the protection of Article 311(2) of the Constitution (See: Supdt. of Post Offices v. P.K. Rajamma).They are governed by separate set of rules, viz., the Posts and Telegraphs Extra Departmental Agents (Conduct and Service) Rules, 1964 (hereinafter referred to as "the Rules").The Central Civil Services (Classification, Control and Appeal) Rules are not applicable to this category of employees in view of the notification dated 28.1.1957 issued by the Government of India under Rule 3 (3) of the said Rules.
4. In Rule 4 of the Rules it is provided that the employees shall not be entitled to any pension. . Rule 5 relates to leave. Rule 6 deals with the termination of services. Rule 7 prescribes nature of penalties that can be imposed. Rule 8 prescribes the procedure for imposing a penalty. Rule 8-A specifies the cases in which the provisions of Rule 8 would not be applicable."
We are further of the view that the scheme of the Gratuity Act indicates that it is not applicable to cases where any other rule or statute is more beneficial than the Gratuity Act. For the aforementioned proposition, reliance may be placed on a judgment of the Supreme Court in the case of E.I.D. Parry (I) Limited v. G. Onkar Murthy, (2001) 4 SCC 68. The converse would also be true that in cases where the Gratuity Act is more beneficial than the Rules, Regulations or any statute then the Gratuity Act would apply. It is evident that Section 5 of the Gratuity Act expressly requires an order of exemption in favour of any organistion exempting it from the operation of the Gratuity Act in respect of any establishment etc. to which this Act applies. Section 5 further lays down that the declaration is given in cases where the gratuity or pensionary benefits are not less favourable then the benefits conferred under this Act. A perusal of Section 14 makes it obvious that the provisions of the Act and the Rules framed there under ought to have the effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. This non-obstante clause also excludes the application of any other rules. The aforementioned view is fully supported by a judgment of the Supreme Court in the case of Municipal Corporation of Delhi v. Dharam Parkash Sharma and other, (1998) 7 SCC 221. The short question which was considered by their lordships was, whether an employee of the Municipal Corporation, Delhi was entitled to payment of gratuity under the Gratuity Act when the Corporation itself had adopted the provisions of Central Civil Service (Pension) Rules, 1972, which provide both for payment of pension as well as of gratuity. The Hon'ble Supreme Court rejected the argument of the Corporation, namely, that when the Central Civil Service (Pension) Rules, 1972, provide a package by itself, which has been applied to the employees of the Corporation then the provisions of Gratuity Act were not applicable and held as under: -
"We have examined carefully the provisions of the Pension Rules as well as the provisions of the Payment of Gratuity Act. The Payment of Gratuity Act being a special provision for payment of gratuity, unless there is any provision therein which excludes its applicability to an employee who is otherwise governed by the provisions of the Pension Rules, it is not possible for us to hold that the respondent is not entitled to the gratuity under the Payment of Gratuity Act. The only provision which was pointed out is the definition of "employee" in Section 2(e) which excludes the employees of the Central Government and State Governments receiving pension and gratuity under the Pension Rules but not an employee of the MCD. The MCD employee, therefore, would be entitled to the payment of gratuity provided for under the Payment of Gratuity Act. The mere fact that the gratuity is provided for under the Pension Rules will not disentitle him to get the payment of gratuity under the Payment of Gratuity Act. In view of the overriding provisions contained in Section 14 of the Payment of Gratuity Act, the provision for gratuity under the Pension Rules will have no effect. Possibly for this reason, Section 5 of the Payment of Gratuity Act has conferred authority on the appropriate Government to exempt any establishment from the operation of the provisions of the Act, if in its opinion the employees of such establishment are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act. Admittedly, MCD has not taken any steps to invoke the power of the Central Government under Section 5 of the Payment of Gratuity Act. In the aforesaid premises, we are of the considered opinion that the employees of the MCD would be entitled to the payment of gratuity under the Payment of Gratuity Act notwithstanding the fact that the provisions of the Pension Rules have been made applicable to them for the purpose of determining the pension. Needless to mention that the employees cannot claim gratuity available under the Pension Rules."
The aforementioned observation in fact squarely apply to the facts of the present case. There is no declaration under Section 5 exempting the application of the Gratuity Act to Extra Departmental Agents. Moreover, the EDA Rules, are not more beneficial than the benefits which are available to the respondent- workman under the Gratuity Act. Such a declaration could not have been given by the competent authority exempting the Extra Departmental Agents from the operation of the provisions of the Gratuity Act. Therefore, on principle as well as on precedents, we have reached the conclusion that the view taken by the Controlling Authority as well as Appellate Authority are not open to any attack in law and it does not furnish any opportunity to interfere with the same. Therefore, we are inclined to uphold the order dated August 21, 2003 (P-3) passed by the Controlling Authority and the order dated January 5, 2006 (P-6) passed by the Appellate Authority.
The argument of the learned counsel that the respondent workman is not covered by the definition of expression 'employee' as used in Section 2 (e) of the Gratuity Act does not require any detailed consideration because of the view expressed by the Hon'ble Supreme court in Dharam Parkash Sharma's case (supra). In that case also Central Civil Service (Pension) Rules, 1972 were adopted by the Municipal Corporation, yet the Hon'ble Supreme Court held that the Gratuity Act would apply in view of Section 5 read with Section 14 of the Gratuity Act. Therefore, we have no hesitation in rejecting the argument raised on behalf of the petitioner- department.
For the reasons aforementioned, this petition fails and the same is dismissed.
Accordingly, we direct that the respondent- workman be paid her dues within a period of one month from today, failing which the annum from the date, the amount became due till the date of actual payment.
The office is directed to send a copy of 'this order to the respondent- workman for information and further necessary action.

May 18,2006

Sanjay

Sd/- Sd/-
M.M.KUMAR M.M. S. BADI
JUDGE JUDGE

Copy to all Circle/ Divisional/ Branch Secretaries AIPEDEU

Friday, November 23, 2007

HINDI Letter p/l downlod belwo decment

http://docs.google.com/Doc?id=dcwj224x_73fj365b

CHQ LETTER ON GDS COMMITTEE

ALL INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION
(Central Head Quarter)
First Floor, Post Office Building, Padamnagar, Delhi 110007
President: D.N. Giri
General Secretary S.S. Mahadevaiah

GDS/CHQ/5/1/2007
Dated 22-11-2007

To,

All Circle/Divisional/Branch Secretaries AIPEDEU.

Sub: - Appointment of Nataraja Murti Committee.

Dear Comrade,

It has come to our notice that Sri Nataraja Murti Committee on GDS is obtaining same information from GDS employees' uncertain items utiliseing the official power of the postal administration. We have prepared a short note on such items which is enclosed (you may elaborate/improve the suggestions by giving suggestions explaining practical aspects). The GDS employees should send the same at the space provided and forward on copy to the GDS Committee with copies to the Hon'ble Minister D.G. (P) and the Prime Minister. You should not forget to send a copy to the CHQ.

We further suggest that the Divisional/Branch Secretaries should organize a rally/dharana before the office of the Divn. Supdt of Post offices on 07.12.2007 and submit to him a consolidated list of such report him with request that he should forward the same to Sri Nataraja Murti Committee.

Sri Nataraja Murti Committee is also obtaining same suggestions from M.P's we have also prepared short note to be submitted by the Hon'ble Members of Parliament.

You are requested to contact your M.P. (Lok sabha and Rajya Sabha) and request him to send a note to Sri Nataraja Murti Committee on that line.

Since our protests have been over looked and not considered. We have to remain prepared for more penetrating agitation. We call upon you to remain ready for the same. You may mobilize GDS Comrades related to FNPO and BPEU to support the cause of the entire GDS Staff.

With greetings

Yours faithfully

(S.S. Mahadevaiah)
General Secretary

To,
Sri, R.S. Nataraja Murti,
Chairman,
Gramin Dak Sevak Committee,
Malcha Marg P.O. Complex,
New Delhi-110021

Ref: Your No.2-30/2007 GDS Committee dated 16.10.2007.

Sir,

Probably yours is the 5th E.D. (GDS) Committee to be appointed in the name of studying the conditions of service of the E.D. (GDS) employees. What has been done to the recommendations of the earlier committees indicates a very sorry state of affairs. Justice Talwar Committee carried out a detailed study of the things and submitted exhaustive recommendations. Not even a single recommendation was implemented is its original form while some four recommendations were twisted and diluted before implementation. The similar was the fate of Savoor Committee and Madan Kishore Committee where not even one recommendation was implemented. In view of such attitude, the Committee formed under your Chairmanship does not command much confidence. Besides there is a general feeling that your committee has been appointed against the protest of the Unions which reduces the confidence of the workers still more.

As regards our view on the given points, the same ore given below:

Improvement in the working conditions of GDS:

The working conditions of the GDS are pathetic and biggar words to describe. The BPM/SPM is required to offer his own accommodation without proper house rent. No furnitures are supplied, no iron safe for security of cash and valuables. No almirah to secure records and every thing is left to the SPM/BPM. No arrangements for public to sit or to write the letters or fill up forms. No counters.

The GDSMD and GDSMC and other GDS staff are not provided with uniform. Even some identity card is not supplied that they could establish their identity. No rain coats/water proof cover to protect the mails against heavy rains. These are illustrative. In order that the rural P.O or the ED BO/SO looks like a post office and the staff as such it is necessary that the following are provided:

1) The BPM: Proper and due house rent, electrical charge should be paid to the BPM
for the accommodation he/she provides. Proper counters should be constructed at government cost. Electric meters should be secured at Govt Cost and the electric consumption bill should be paid by the Department.
2) All furniture chairs - Tables including the ones for public use should be supplied.
3) Articles like Almirahs/cuboards and iron safe/chest should be provided for security and safety of cash/valuable and records.
4) Outdoor staff should be supplied all items of informs. They should be provided, with raincoats/water proof plastic bags for safety of mails.
5) Proper delivery bags/BO bags and cash bags should be supplied.
These are the minimum requirements with regard working conditions.

Improvement in wage structure:

This issue has been studied in detail by Justice Talwar Committee and after a Judicial study no further study is required. What is now necessary for your Committee is to ensure implementation of the recommendations of Justice Talwar Committee contained in the following paras:

Paras: 7.6; 7.6.1; 7.7; 8.1; and 9 regarding status
Paras No. 6.9; 6.10 & 6.11.-removing the restriction of maximum five hours duty.
Para No. 9.1, 9.2, 9.3, 9.4, 9.5 read with paras 6.12; 7.1; and 7.2 with regard pay scales – the amounts of pay scales to be replaced by amounts with reference to the scales recommended by the 6th CPC.

Paras No. 12; 12.1;12.2 12.3; with regard to Assured career progression with amounts in the scales to be substituted with reference to the scales recommended by the Sixth CPC.

Paras 17 (split duty allowance); Para 18 (Grant of rest); 19(Compensation) detained beyond duty hoers); 20(Work done on holidays/weekly of days); 22; 22.1(HRA & CCA); 22.2(TA); 22.3(LTC); 22.4(FCA); 22.5(Uniform); 23(Medical Facilities); 25(Advances); 26(Welfare measures)

Further apart form present promotional avenues and in place of present promotional procedure to PAs cadre against left over vacancies of L.G.O's the GDS employees having 10+2 qualification should be allowed to compete against 50% to departmental quota up to at age of 45 years and further 20% of the total vacancies should be reserved to be filled up exclusively by the GDS on the basis of competitive examination by age relaxation up to 40 years. Like Casual labourers, whether Full time or short time, the services may be regularised by combination of duties or attaching additional duties.
Provision of Social Security:

Para 13 on grant of pension; gratuity and GPF read also with Para 9 and 10; 13.2.4 with regard to counting of past service; 13.3 with regard to Reckonable service, 13.4 and 13.4.1 with regard to pension formula; 13.5 with regard to minimum pension with amount of minimum pension to be replaced with reference to the recommendations of the 6th CPC; 13.7 & 13.8 on retirement and Death gratuity; 13.9 on family pension with the amount of family pension to be replaced with reference to the recommendations of the 6th CPC; 13.10 on death and disability with the "5th CPC to be substituted by "6th CPC"; 13.12 in GPF, 13.13 on Group insurance (With amounts to be substituted with reference to the 6th CPC); 13.14.1 & 13.14.2 on voluntary retirement, This again has been studied and discussed in detail by Justice Talwar Committee. This leaves no further scope for study. Only the following well founded and elaborately discussed recommendations contained in the report of Justice Talwar Committee need to be implemented, and you may recommend accordingly;

Items of work that need to be added in the assessment of work load.

In addition to the present items of work, the following may be added:-

Deposit of PLI/RPLI premia, delivery of if PLI/RPL policies/pass books;
Payment PLI/RPLI amounts on sanctioned.
Collection of Telephone bills.
Collection of Electricity bills at the P.O., and Acceptance of water Bills at B.O.s
The proposal of social security scheme for rural implemented by state Government.
Any other item of work that is done on regular basis. i.e, actual work done like assistance to the staff, impression of date stamp on the bulk pass books, arrangement of forms, idle wait at the point of exchange of mails, while on duty at the office etc.,
Payment of pension including Railway pension.
Handling of Business Post items like delivery Prasadams etc.
The Election work, like verification of Electrol, collecting statistics, census work etc.
The works related to Rural Employment Guarantee Act now entrusted to the B.O.s.
Verification of mobile phone/ Bills.
Opening of New Accounts in SB.RD etc.
Norms for E.Post to other business posts
All other works related to Business Directorate.

Items of present work and new items of work that can be done in incentive/Commission basis.

1. Obtaining new PLI policies;
2. UTI and related works pass port service.
3. Popularizing /Propagating Postal Certificates or Postal Time deposits.
4. All other work beyond a particular Justified level;

Improvement in rural Postal Services and introduction of new products and services;

Adequate supply of necessary forms must be assured;
Supply of proper bags – cash bag, B.O. bag; stamp bag and delivery bag to be ensured;
Adequate financing of the B.O. to expedite payment of MOs/warrants of Payment must be ensured else this is one count on which the BOs and staff are subjected unjustified but avoidable criticism.
Arrangements for prompt removal of surplus cash must be made to protect the GDS,BPM/GDS,SPM from risk robbery/dacoity/theft;
Proper promotion and strengthening of conventional services which will ensure more revenue and work – especially end services have to be strengthened.
New products Telephone bills, Electric bills, UTI services, Pass Port work etc or those that can emerge letter.

Yours faithfully

Name……….Designation GDS……Office Addresses

Dated --.12.2007
Copy to
1. Shri A. Raja, Hon’ble Minister (C) & IT Electronic Niketan, Department of Posts,
6, CGO Complex, Lodi Road, New Delhi – 110003

2. Dr. Manmohan Singh,
Hon’ble, Prime Minister of India,
New Delhi-110001

3. Shri IMG Khan, Director General, Dak Bhawan, New Delhi - 110001

CHQ LETTER ON GDS COMMITTEE

Yours faithfully

Name……….Designation GDS……Office Addresses

Dated --.12.2007
Copy to
1. Shri A. Raja, 3. Shri IMG Khan,
Hon’ble Minister (C) & IT Director General,
Electronic Niketan, Department of Posts,
6, CGO Complex, Dak Bhawan,
Lodi Road New Delhi - 110001
New Delhi – 110003

2. Dr. Manmohan Singh,
Hon’ble, Prime Minister of India,
New Delhi-110001

Wednesday, November 14, 2007

CHQ LETTER

Tele-Fax:23697701
ALL INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION
(Central Head Quarter)
First Floor, Post Office Building, Padamnagar, Delhi 110007

President: D.N. Giri
General Secretary: S.S. Mahadevaiah

Ref: GDS/CHQ/10/2007 Date: 14-11-2007

Dear Comrades!

The Central Government had already through its Ordnance amended the Bonus Act to raise the bonus ceiling from Rs.2500/- to Rs.3500/- and the same was Gazette notified also.

The Staff Side Secretary to the National Council JCM had already written letters to the Secretary Expenditure and the Secretary DOPT demanding immediate orders to raise the same in respect of all Central Government Employees also.

The leaders of the Confederation also have been moving with the Finance Ministry to get the orders issued by the Ministry of Finance but the issue is being delayed unnecessarily. We are given to understand that the file is on the table of the Honourable Finance Minister who will decide about the course of action to be taken in this matter.

The Central Government Employees all over the country are very eagerly awaiting the orders and the delay is causing lot of resentment and anxiety. It was anticipated that the orders will be issued before Diwali Festival but even after the festival no orders are forthcoming from the Ministry of Finance. The Central Government Employees cannot be ignored when the Bonus Act had already been amended by the Government with retrospective effect from 1.4.2006 and all other section of the workers are being paid the bonus at the enhanced level.

The Confederation of Central Government Employees has therefore issued a call to all its affiliates to organise immediate protest demonstrations and dharna all over the country by mobilizing the entirety of our work force and send Telegrams / Savingrams to Shri. P.Chidambaram, Honourable Finance Minister, Government of India, North Block, New Delhi – 110001. The Call of the Confederation and the text of the Telegram are reproduced below. The AIPEDEU calls upon all its Circle Unions / Divisional and Branches to launch the above programme of action with all our might. The Circle Secretaries are requested to circulate this call to all their branches requesting them to hold the programme successfully.

Comradely Yours

(S.S. Mahadevaiah)

General Secretary

SAVING GRAM
To

Shri. P.Chidambaram,
Honourable Finance Minister,
Government of India,
North Block, New Delhi – 110001.

“ Kindly extend the benefit of the decision to raise Bonus Ceiling limit from 2500 to 3500to Central Government Employees ’’

Circle/Divisional Secretary

[Please note that there is no specific date to hold the programme]

Thursday, October 18, 2007

CHQ NEWS

CHARTER OF DEMANDS

1. Setup a Judicial Committee for wage revision of Gramin Dak Sevaks in replacement of R.S. Natraja Murty Committee.
2. Scrap the PFRDA Bill and cancel appointment of the Pension fund Managers; introduce statutory pension scheme for the new recruits;
3. Grant Trade Union rights including the right to strike to all Government employees through appropriate legislation;
4. (a) Stop downsizing the Governments, privatization and contractorization/casualisation of Governmental and teaching functions. Stop contractual appointments of teachers and workers; regularize all daily rated, casual and contingent employees.
(b) Lift the ban on recruitment and fill up the existing vacancies of all Government departments, educational institutions and State undertakings; Provide job to jobless.
5. Grant Interim relief of minimum of Rs.1000/-to all Central Government employees. Implement the 6th CPC Recommendation with effect from 01.01.2006.
6. Bring down the abnormally rising process of essential commodities and strengthen subsidized public distribution system.
7. Merge of 50% DA with basic pay with all consequential benefits and release of all DA installments to the State Govt. Employees.
8. Withdraw the 5% cap and other restrictions on compassionate appointment. Restore the compassionate appointment scheme wherever it stands abolished.
9. Stop the proposal to replace the CGH by Medicare insurance scheme.
10. Implement all pending awards of the Board of Arbitration.
11. Remove the quantum ceiling on Bonus and grant bonus to all.
12. Increase GPF & Small Savings’ interest and restore to its early level.

(S.S. Mahadevaiah)

General Secretary

Tele-Fax: 23697701
ALL INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION (C.HQ)
First Floor, Post Office Building, Padamnagar, Delhi 110007

No.GDS/CHQ/1-5/2007 Dated: 18-10-2007

To,

All Circle/Divisional/Branch Secretaries,
All CWC Members A.I.P.E.D.E.U.

Dear Comrades,

At the outset we extend the heartiest Eid and Puja greetings to all our members, their family members and friends and to the entire postal fraternity. These festivals, we are confident, will infuse new enthusiasm and strength in us to fight out all that is unjust, unfair and exploitive our struggle will continue till we achieve our goal. We offer our thanks to our members for the unqualified support our struggle has received from them.

Calcutta Federal Council:- In this Connection the least said the better. All bounds of courtesy and niceties were crossed. The Reception Committee played the role of a partisan party and the volunteers worked as watch and watch of certain quarters. Due representation of our union was not admitted. Defying all norms of constitutional propriety, the working president Com. Narayan Chaudhary was not allowed to preside over the meeting when the President was not present. These actions, prima facie, are in disregard of the directions of the Hon’ble Delhi High Court. We have brought all these to the notice of the Hon’ble High Court. Everything was done to de-affiliate the AIPEDEU from NFPE, even at the Cost of disintegration of the NFPE.

One Day Strike On 30.10.2007:- Notice for one day taken on 30.10.2007 has been served by the NFPE which is an affiliate of the Confederation of Central Government employees and workers. We have been a part and parcel of the NFPE and Continue to be so and hence we have also served notice to go on strike on 30-10-07. As always we shall contribute our share to the strike. We support the call and our members will participate in the strike with all zeal and valour. We do support the demands. We, therefore, call upon our members to mobilize and organize the strike with all strength.

Bonus: - 60 days’ bonus has been announced for the postal employees. Though the cabinet has decided to enhance the pay-limit ceiling from Rs. 2500/- to Rs. 3500/-, necessary executive order probably has not been issued and hence orders for calculation of bonus on pay limit of Rs. 2500/- only has been issued.
GDS Committee:- our struggle to have an GDS Committee under the chairmanship of a High Court Judge has, so far, fallen on deaf years of the powers. Though we have been able to build up sufficient pressure and compulsions but the final break-through is yet to be achieved. Our fight is on and we shall succeed.

Dear Comrade,

We are facing severe onslaughts and this is high time that we maintain our unity and fraternity united we shall slaved and achieve victory.

Looking forward to a happy and prosperous Diwali.

With greetings,
Yours faithfully

(S.S. Mahadevaiah)
General Secretary

Saturday, September 15, 2007

Sub: - Payment of Dearness Allowance to Gramin Dak Sewak (GOS) at revised rates from 1.7.2007

Government of India
Ministry of Communications and Information Technology
Department of Posts, Sansad Marg
New Delhi-110001.

N014-5/2007-PAP Dated: 14 -9-2007

All Heads of Circle,
All Postmasters General,
The Director, PSCI, Ghaziabad,
The Additional Director General, APS, R. K, Puram, New Delhi,

Sub: - Payment of Dearness Allowance to Gramin Dak Sewak (GDS) at revised rates from 1.7.2007

Sir/ Madam,

Consequent upon grant of another installment of Dearness Allowance to the Central Government Employees with effect from 1.7.2007 vide Govt of India, Ministry of Finance, Department of Expenditure, New Delhi O.M. NO.1 (8) 12007-E-1I (B)/212 dated 11.9.2007, the Gramin Dak Sewaks have also become entitled to the payment of Dearness Allowance at the revised rate w.e.f. 01.07.2007. It has, therefore, been decided that Dearness Allowance payable to the GDS shall be enhanced H from the existing rate of 85% to 91 % (Ninety one percent) of Time Related Continuity Allowance with effect from 01.07.2007

2. The additional installment of Dearness Allowance payable under this order shall be paid in cash to all Gramin Dak Sewaks.
3. The expenditure is debitable to the Head of Account 'Salaries' under the relevant
, Head and should be met from the sanctioned grant.

Yours faithfully,

(R.K. Mishra)
Assistant Director General (Estt)

Wednesday, August 29, 2007

28-08-07 CHQ Circular.

GDS/CHQ/1/5/2007 Dated: 28/08/2007
To,

All Circle/Divisional/Branch Secretaries.
All Office-bearers of All India Union.

Dear Comrades,
Good morning.

PARLIAMENT MARCH - A - THUMPING SUCCESS

22nd Aug,2007 programme of ‘Parliament Chalo’ was an unparalled postal movement as about 6000 employees, GDS and departmental staff from all corners of the country gathered at Jantar Mantar, New Delhi to register their strong protest against appointment of official Committee, demanding Judicial Committee. Congratulations to the leaders and participants in the programme, making it a grand success.

Half naked Demonstration!
Some participants, in hundreds, were in half naked clothes to symbalise their present condition/sufferings. Protest slogans reached sky – the heart burn of GDS staff. Demonstrations at Jantar Mantar streets went up to 1230 hours from morning 1000 hours followed by a massive MARCH and MEETING in the street of Parliament upto 1530 hours.
Com.Pathak, President Defence Federation (HMS), Com,H.Mahadevan, Dy.Gen.Secretary, WTF, Com.P.Suresh, C/S, R-IV, Com.G.L.Dhar, Secretary, AITUC, Com.R.A.P.Singh, Ex.General Secretary P-III, Com.D.P.Diwakar, Senior leader NFPE, Rajastan, Com.G.S.Asiwal, Ex,C/S,P-III, Shri.Uma Prasad Bajpayee, General Secretary,Bharatiya GDS Union, Com.S.S,Manjunath, C/S, P-III, Karnataka, Com.H.S.Guleria, C/S,Himachal Pradesh, Com.S.S.Mahadevaiah, G/S,AIPEDEU, Com.Bhim Singh Sharma, RJCM leader and Ex.C/S, P-IV,All circle secretaries of GDS union present, and many divisional and branch union leaders/representatives addressed the gathering. A galaxy of leaders viz., Com.N.Balasubramanian, Ex C/S and Chief advisor of AIPEDEU Tamilnadu, Com.K.K.Sharma, Treasurer, R IV, CHQ, Com.Harinder Singh, C/S R-IV, Com.P.L.Sethi, Ex.AGS, P-III, Rajastan, Shri.Khanna, Gen.secretary of administrative union, FNPO, Com.S.C.Jain, C/S P-III,MP, Com.K.S.Ranganath, Circle President, P-IV, Com.H.R.Eshwarappa, Circle Treasurer, P-IV, Com.Prakash Rao, ACS, P-III(all from Karnataka), Com.Ramalingam, ACS P-III, Tamilnadu and a good many divisional/branch secretaries of P III and P IV attended the chalo.

In the meanwhile a memorandum was submitted to the speaker lok sabha at 1330 hours by a delegation consisting of Com.D.N.Giri, President, CHQ, Com.S.S.Mahadevaiah, General Secretary, Com.Sajat Kaushik, Circle Secretary Delhi Circle.

The Longest programme continued upto 1530 hours that day.

Emergency C.W.C of AIPEDEU on 22.08.2007:
The late evening the CWC of the AIPEDEU was held from 1045 pm. After detailed discussion it was resolved unanimously to intensify the struggle.

MEMORANDUM TO THE UNION LABOUR MINISTER, former Defence Minister and various MPs:

Soon after the chalo and massive meeting, a big delegation met Shri.Oscar Fernandes, Union labour Minister, Shri.George Fernandes, Ex.Defence minister, Shri.Vikram Madam, MP of Gujarat and other MPs and submitted memorandum apprising the situation seeking kind intervention. There was good response from the public representatives. It was also observed that hundreds of e.mails and letters containing memorandum have been sent to MPs for kind intervention demanding social Justice to GDS employees.

P-III CWC at Allahabad - stand of P-III UNION ON G.D.S:
AIPEU Gr C is the vanguard of the postal movement and due support to the cause of GDS is expected in the usual manner. The G/S, AIPEDEU addressed the open session of the CWC and appealed NFPE and all its affiliates to safe guard the interest of GDS at this crucial stage.

Recognition of NFPE with AIPEDEU !

Right to Association is the fundamental right under the constitution of India and hence it is felt no compromise is necessary on this issue. The G/S AIPEDEU expressed the same in the CWC of P-III, held at Allahabad on 26.08.2007 and appealed all concerned to reconsider the issue in the interest of total unity/struggle. If we succumb to the dividing tactics of the bureaucracy, irreparable damange will be caused to the postal movement.

TRADE UNIONS SHOULD OPPOSE/FIGHT SUCH ANTI WORKER POLICIES/INSTRUCTIONS

PARLIAMENT MARCH DATED 22ND Aug,2007 and CWC decisions of AIPEDEU:

* To intensify struggle more vigorously till achieving desired results

* To organize immediate meetings, Jatha’s at Taluk, District inviting local people/leaders so that ensuing struggle will be spontaneous and complete in all respects.
……………………………………………………………………………………………………………………………………………..
ORGANISE STATE LEVEL MEETINGS –
Each and every GDS official shall reach state capitals to hold MASSIVE meeting of the respective circles inviting ministers, MPs and local leaders. All organizers of branch, Division and the circle should take active part for success.
………………………………………………………………………………………………………………………………………………

Prepare ground for INDEFINITE/TILL SETTLEMENT STRIKE, date will be announced in consultation with other unions, federations for JOINT STRUGGLE.

Please communicate this message of DETERMINATION to each and every GDS and prepare for DO OR DIE action. If indefinite action is forced upon us the GDS employees shall go to the streets and inevitably have to commence RASTA ROKHO and other struggles.

OBSERVE DHARNA ON 02.10.2007

It is called upon all Divisional, Branch, Circle and All India levels to organise

Dharna on GANDHI JAYANTHI DAY, 02,10,2007 from 1000 to 1200 hours demanding justice to the GDS. In this SILENT programme the demonstrators may tie black tapes to shut mouth.

Protest letters may be sent to the Prime minister of India, New Delhi, Communication Minister, New Delhi, Secretary, Dept of Post, New Delhi

LET US FIGHT LIKE ONE FORCE WITHOUT DIFFERENCE OF CASTE, CREED, UNION etc., .

ORGANISE, ORGANISE, ORGANISE, ORGANISE, ORGANISE, ORGANISE and ORGANISE.

Like LIGHT removing Darkness of years, let us remove bondage of GDS employees.

With revolutionary Greetings,

Yours fraternally,

S.S. Mahadevaiah
General Secretary.

Monday, August 27, 2007

MEMORANDUM TO LOK SABHA SPEAKER 0N 22-08-2008

No. GDS/CHQ/40/1/2006 Dated: 22-08-07

The Hon'ble Speaker,
Lok Sabha,
New Delhi.

MEMORANDUM

Respected Sir,

We venture to draw your benign attention and through you the kind attention of the parliament, the highest temple of democracy, towards the plight of the Gramin Dak Sevaks of the Department of posts, by way of this memorandum. These Gramin Dak Sevaks who were earlier known as E.D.Agents are responsible for providing and maintaining the postal services to Rural India, more than two thirds of the total population. But these employees have been subjected to serious neglect and exploitation. The Government of India have not only kept these employees out of the purview of the sixth pay commission, but have also refused to appoint a separate Pay Commission for them under a retired judge of a High Court. The plea of the Government that the Gramin Dak Sevaks or the E.D.Agents, as they were previously known, are not government employees does not hold any water in view of the judgement of the Hon’ble Supreme Court of India in Gokulnanda Das’s case delivered on 22.04.77. The Hon’ble Supreme Court of India has declared that the E.D.Agents are holders of civil post under the union of India which means that they are Government employees.

Since last several decades Government have been confusing the issue of legal status of GDS as Government servants and taking ambiguous stand on their service conditions. Out of 1, 55,000 Post offices in the country, 1, 25,000 post offices are run by GDS. After sustained agitation, a Committee headed by justice Talwar was constituted by the Government in 1997. The committee came to the conclusion that GDS are Central Government employees and recommended accordingly.

The GDS have always been counted and treated as part and parcel of total work force of the Department of posts. According to Justice Talwar Committee their earlier designation of “Extra Departmental Agent” does not imply that they are a category distinct from departmental employees. The GDS are doing same work which the departmental employees are doing. In fact they are doing it in Rural India and therefore facing much greater hazards than others. The Talwar Committee also observed that the word "Extra" does not mean that they are not departmental employees. The most important recommendation which Justice Talwar Committee made was that in future these employees should be included within the purview of the Pay Commissions, keeping in view their number, their work profile, effectiveness to the postal system and the services rendered to the public.

The staff side of the National council (JCM) also demanded the inclusion of the GDS in the terms of reference of the Sixth Pay Commission which was not agreed to. These employees were therefore left with no option but to organise strike. When they decided to go on strike in April 2007, the Postal authorities held out an assurance that their claims would be referred to Sixth Pay Commission with the approval of the Government. This was eventually denied. Finally, the Government have appointed a committee headed by a retired bureaucrat known for his anti GDS bias. Nothing could be more contemptuous.

At the time of Fifth CPC, the GDS were given a separate committee which was headed by a retired Judge of Delhi High Court. There is, therefore, strong resentment against appointment of the GDS Committee under a retired bureaucrat. We demand that at least a separate committee headed by a Judge of a High Court as was done on last occasion. If a judge is appointed as head of the committee, he will take an unbiased and impartial view unlike a bureaucrat who will be influenced by the Government by his own anti GDS bias held all along during his service.

Our humble demand is that if the service conditions of the GDS have not been included in the terms of reference, a one man committee under a retired High Court Judge be appointed. This will be a great step towards justice to the Gramin Dak Sevaks and will ensure more congenial and tranquil atmosphere and satisfaction to the Gramin Dak Sevaks.

We, therefore, most respectfully solicit your kind intervention and advice to Government to accept our genuine demand.

With profound regards,
Yours faithfully,

(S.S. Mahadevaiah)
General Secretary.