Ministry of Communications & IT
Department of Posts
(SR Section)
No. 08/15/2011-SR Dated the 09th Junuary, 2012
To
All Heads of Postal Circles.
Subject:- Insturctions regarding invoking of FR 17A and relevent provision in
GDS Conduct and Engagement Rules.
Sir/Madam,
I am directed to refer to Department's d.o. letter No. 8-27/97-SR/Pt. Dated 23.6.98 vide which instructioins to deal with strike situation were issued. As stated in para-2 of the said d.o. letter, the provisions of FR 17-A in respect of departemntal employees and corrresponding provisions in GDS Conduct and Engagement Rules my be invoked only in cases of incitement, instances of violence/sabotage etc.
2. It is requested that the above said instructions may be followed in letter and spirit, while following the principle of "No work, no pay" to deal with the strike situation.
Yours faithfully,
Sd/-
(Subhash Chander)
Director (SR & Legal)
Government of India
Ministry of Communications & IT
Department of Posts
(SR Section)
To
All Heads of Postal Circles [By Name]
No. 17/103/2007-GDS Dated: 06 Jan 2012
FILLING UP OF VACANT POSTS OF GRAMIN DAK SEVAKS
Postal Joint Council of Action has taken up the issue of filling up all vacant post of GDS as one of the strike issues with the Department. While the Department has periodically reviewed the existing instructions on the issue and reiteratd the same to all concerned from time to time in the past, it appears that the instructions issued on the subject are not being meticulously followed in the field. The need for timely action to initiate action to fill up the vacant posts and adherence to guidelines for substitute and provisional arrangements need to be realized in right perspective in the overall operational interest by all concerned. Keeping this in view, the gist of the instructions/guidelines on the issue is, therefore, again circulated for the information and strict compliance as under:-
(a) Vacant posts of GDS BPM in Branch Post Offices with a single establishment were allowed to be filled up straight away by the Divisional Head to ensure basic postal services and facilities in the rural areas through the existing Branch Post Office vide Para 2(i) of DG Posts letter No. 17-103/2007-GDS dated 14.07.2009. It was further provided in para 2(ii) of the letter ibid that the vacant post of GDS in Branch Post Offices with two or more hands may be filled up on the basis of triennial review already carried out. However, if prescribed workload and financial parameters as prescribed for opening of a Branch Post office are not fulfilled but the posts are required to be filled up for operational reasons, then the appproval of Chief PMG will be required with concurence of Circle IFA. In respect of category of GDS BPM, this power earlier vested with Chief PMG was delegated to the Head of Division for filling up the vacant posts of GDS BPM without reference to HOC by adopting the method firstly by appointment of surplus identified GDS fulfilling the conditions faling which by combination of duties in the same BO provided the combined workload does not exceed five hours failing whichy by recruitment of outsiders by observing the selection process as per DG Posts letter No. 17-103/2007-GDS dated 17 Feb 2011. This dispensation was given only for the vacant posts of GDS BPM in Branch Post Offices irrespective of number borne on extablishment. It was made clear in the letter dated 17 Feb 2011 that approval of the Head of the Circle shall continue to be obtained for filling up other categories of Gramin Dak Sevaks which are not justified by workload/financial parameters in case such posts are required to be filled up or operational reasons. For the category of GDS Stamp Vendor, the existing vacncies of GDS Stamp Vendor including the posts likely to fall vacant on account of discharge, absorption or death, etc, are not allowed to be filled up if not justified statistically i.e. if the prescribed norm of Rs. 1000 sale per hour is not fulfilled as ordered vide DG Posts letter No. 6-24/2010-PE II dated 21 Jul 2010.
(b) The guidelines at (a) above apply to all approved categories of GDS notified in Rule 3(d) of GDS (Counduct and Engagement) Rules, 2011 i.e. GDS Branch Postmaster, GDS Mail Deliverer, GDS Mail carrier, GDS Mail Packer and GDS Stamp Vendor. No other category, which is not included in Rule 3(d) is allowed to be filled up.
2. Elaborate instructions for making substitute arrangements were issued under letter No. 17-115/2001-GDS dated 21 Oct 2002. Such instructions in nutshell are reiterated as under:-
(a) In Short term arrangements, as far as possible, work is to be managed by
combining duties, Substitutes will not be provided in leave arrangements. In single handed BOs, the work will be managed by giving combined duty to GDS MD/GDSMC of neighboring BO in whose beat BO falls.
(b) In long term arrangement, combination of duites as per above, may be resorted to. Substitutes will be allowed only if workload of the BO as well as financial position justifies such arrangement or filling up of posts on regular basis.
(c) In town and cities where departmental officials are also available in same office, the possiblity of managing the work by regular staff by combination of duties or by grant of OTA beyond normal working hours may be explored.
(d) No substitute is to be alowed to take over charge unless the competent leave sanctioning authority/appinting authority is fully satisfied that the subsitiute possesses the prescribed qualification for that appointment and has been privided under the risk and responsiblilty of the regulr incumbent.
(e) Continuation of subsitutes beyond 180 days at a stretch may be allowed only by the next higher authority to the appoining authority and only in exceptional cases where action has been initiated for regular appointment if justified by workload and financial norms.
(f) No substitute arrangement shall continue beyond one year. If it is to be continued on unavoidable reasons, specific approval of HOC will be necessary for reasons to be recorded by the concerned authority in writing.
(ii) It may again be made clear that combination of duties is permisible only in cases where the combined workload does not go beyond five hours.
3. Elaborate instructions for making provisional arrangements were issued under letter No. 17-115/2011-GDS dated 21 Oct 2002. Such instructions in nutshell are reiterated as under:-
(a) In case of provisional arrangements, such appointments should be resorted to in case where the GDS is unable, quite unexpectedly, to undertake his duties due to his own actions (unauthorized absence, fraud, misappropraiation, etc.), due to circumstances beyound his control like sudden illness/accident/death or because the Department does not want him/her to continue (due to reasons of misconduct/dismissal/removal/put off duty, etc). In other cases, action should be taken well in advance to fill up the post on regular basis. Even where the post falls vacant unexpectedly, efforts should be made to manage the work by combining the duties keeping in view the limitation outlined in Para 2(ii) above..
(b) Where provisional arrangement becomes unavoidable, action may be initiated to fill up the post following all the formalities prescribed for regular appointment but clearly stipulating that the appointment is on provisional basis.
(c) In case of death, there is no objection to a dependant being allowed to function on interim basis provided he/she fulfills the qualification required for such post. Again, this may be resorted to if arrangement by combination of duties is not feasible. Such interim arrangement should not exceed one year.
(d) Approaval of next higher authority is to be obtained in all cases where provisional arrangement exceeds 180 days. Where the period exceeds one year, the approval of Head of Circle would be necessary.
4. It was also clarified vide DG Posts letter No. 41-437/87-PE II dated 16 Dec 1987 and 06 Jul 1988 that wherever combination of functions is resorted to, the designation of the person may be ED Branch Postmaster (now called GDS Branch Postmaster), if he performs any other function in addition to his work as Branch Postmaster and, in all the other cases, the designation may be of the function which is the most predominant i.e. where delivery agency and main conveyance constitute the combind functions of an individual, he can be designated as Delivery Agent or Mail Carrier depending on the longer time devoted on the particular duty. In such cases, the pre-dominant function & designation given resultant thereto determines the admissible TRCA plus allowances.
5. Wherever the combination of fucntion is resorted to, the resultant another post, the functions of which are so combined, may be relocated to another office by way of redeployment & in case of non-relocation, the same needs to be abolished/kept held in abeyance. In case of future needs when the combined workload exceed 5 hours, the action would involve creation of post by adopting the prescribed process or by redeployment of surplus posts or by reviving the post ordered to be held in abeyance. Similarly, the posts, which are declared not to be filled up, need to be ordered to be abolished on being fallen vacant, viz., GDS SV (only not justified statistically) and GDS Mailmen, etc.
6. As and when information is called for, it has been observed that incorrect information about the vacant posts of GDS is furnished. In case of observance of the process as outlined above, the sanctioned number of GDS posts minus actual strenght at any given point of time would reflect the actual number of GDS posts minus actual strenght at any given point of time would reflect the actual number of GDS posts vancat for the purpose of initiating action for engagement on such posts. Where the instructions issued do not put a bar on filling up a particular category of post & the prescribed parameters are also fulfilled; action needs to be initiated promptly/well in time to fill up such posts adopting the prescribed process. In other cases where the presecribed parameters are not fulfilled, the Divisional Head is only a uthorized to decide about filling up the only posts of GDS BPM. In other cases, the process of obtaining appoval of HOC may be initiated promptly; if, however, any of such posts is considered to be filled up for operational reasons, the Divisional Head shall send the proposal at least in a month's time from the date of vacancy and in advance (particularly in the cases of discharge, absorption to regular departmental posts). The Divisional Head should monitor its process with due diligence. The CO/RO shall also closely monitor their MIS.
7. The above position may brought to the notice of all concerned for information and strict adherence.
Sd/-
(Surender Kumar)
Assistant Director General (GDS)
--
S.S.Mahadevaiah
General Secretary
All India Postal Extra Departmental Employees Union