Ref: GDS/CHQ/10/1/2009 Date: 26 -02-2009To, The Chief Labour Commissioner (C), Govt. of India , Shrma Shakthi Bhavan, New Delhi 110001
Sir, We submit herewith the justification, legally and factually supported, is support of our demands. Copies supporting judgments of the Hon'ble Supreme Court of India are also enclosed.
With regards,
Yours faithfully,
(S.S. Mahadevaiah) General Secretary Encl: 2
NOTE ON JUSTIFICATION
The Hon'ble Supreme Court has declared the Extra Departmental Agents (as the Gramin Dak Sevaks were earlier called as holders of civil post/civil servants/Government employees). The judgments of the Supreme Court remain still to be implemented and are suffocating under irongrasp of ill-conceived prejudices of the bureaucracy. The Gramin Dak Sevaks being held as holders of civil post/civil servants/Government employees, Justice demands that they are provided with all facilities of Government employees.
2. Several new services/products like NREGA payments, payment of old age Pension, Rural Postal Life Insurance policies, acceptance of Telephone and electricity bills apart from promoting small savings have been undertaken by the Gramin Post Offices and Gramin Dak Sevaks. But still, (mis)utilising the agency of Shri.R.S.Nataraja Murthi's Committee, the department seeks to curtail the rural postal services and proposes to curtail the postal services to rural people even below 3 hours. This hits at the benefit of the Gramin Dak Sevaks as also service to the 'Aam Admi'. Therefore, it has to be ensured that the postal services are provided at least for 3 hours 45 minutes (say 4 hours). Thus the proposal of Sri.Nataraja murthi to curtail postal services to the Gramin population below three hours or up to 3 hours must be scrapped.
3. The E.D. Committee in the second part of Para 10.10.2 says as follows: "The present time Related Continuity allowance (TRCA) has some kind of relativity with the pay-scales of the regular Departmental Employees the TRCA granted to the GDS Mail Deliverer Corresponding to the Pay Scale of 2750-70-400 the Pay Scale of Mail Carrier Corresponded to the Pay Scale of Rs।2400-40-3200. The TRCA of BPM/ED SPM Corresponded to the Pay Scale of Rs.3200-85-4900…………."
4. The principle of linking the emoluments of the Gramin Dak Sevaks (EDAs) to the corresponding category of the whole time employees has long been recognized. Justice Talwar Committee has finally set the records straight. Sri.Nataraja Murthi committee and the group of Officers headed by Sri.P.K.Gopinath have accepted the principle. But they have deliberately produced a miscalculation. As per the implementation orders issued by the Government the minimum pay of the corresponding category of whole time employees is as below:
5. The relatively with corresponding category being the principle category of whole time employees, the rate of increment @ 3 percent has got every justification and is to be extended to the Gramin Dak Sevaks.
6. The principle of relativity has been recognized and hence the formula for fitment in the new scale shall be the same i.e., Basic Pay + multiple of 1.86 of the basic pay+40 percent of the maximum of the existing scale;
7. All other benefits, i.e., Dearness Allowances, House Rent Allowance and all other benefits have to be at the same percentage.
8. On similar principle, the retirement benefits and social securities including the benefits as outlined in Ministry of P.G & Pensions OM No.45/55/97-98 PW (C) dated 11.09.98 which prescribes the following lump sum compensation must accrue to the GDS employees.
a) Death occurring due to accident in the course of performance of duties Rs.5.00 lakh b) Death occurring in the course of Performance of duties attributable to acts of Violence by terrorists, anti-social elements etc. Rs.5.00 lakh c) Death occurring during (a) enemy action action in international war or border skirmishes and (b) action against militant, Terrorists, extremists etc. Rs. 7.00 lakh
9. On similar principles, all rules and regulations applicable to the whole time employees be made applicable to the GDS employees also.
10. The nomenclature 'Gramin Dak Sevak' should be accordingly changed as 'Central Civil Servants (not whole time).
11. Bonus: Bonus ceiling of Rs.3500/- to be extended WITHOUT DISCRIMINATION. Arrears due need to be paid immediately as the departmental officials have taken long back. GDS employees' are frustrated over the anti GDS attitude, act of discrimination.
12. a) Unscientific norms/standards are fixed for measurement of workload of GDSMP/MC officials needs review and the scales proposed by this union are the barest minimum and justified.
b) Distance for assessment of work of out door staff to be on FOOT BEAT. c) For cash handling work of BPM the norm should be Rs.5000/- against Rs.10000/- per point recommended. Additional work of delivery or Mail conveyance should be assessed as per norms, not allowances of 100/200 which is unscientific/unrealistic.
13। There are several cases where the G.D.S employees work for more then five hours, especially, is urban, Semi urban and developed rural areas. Their working hours should be fixed according to their actual work hours relating the 5 hours limit and there pay fixed accordingly.
14. Transfer of GDS: The increment earned in service to be protected even in case of officials' interest. Further liberalization sought for.
15 LEAVE: Leave should be granted without any restrictions। Combination of duties is not possible/practicable and when the work exceeds 5 hours, paid substitute must be engaged as at present.
16. Drop the proposal of changing the rules of GDS as ENGAGEMENT RULES. I.D.Act shall be continued to be applicable as at present.
17. Assessment of work of GDSMP/GDSMCs in realistic manner, taking over all work performed by them. Pay scale to be on prorata with Group D, now multi-skilled Group C with a Grade Pay of Rs.1800/-. Grave injustice is done to this category. In fact there is justification convert the post into full time employment.
18. ACP/Financial up-gradation as GDS are retiring without promotions।
We shall be highly grateful to you for your kind indulgence to mitigate the age old sufferings of this exploited section.
(S.S. Mahadevaiah) General Secretary |
Thursday, February 26, 2009
INDEFINITE STRIKE FROM 3rd MARCH, 2009
