CHQ CIRCULAR

www.rpehq.com                                 Tele- Fax: 23697701

ALL INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION (CHQ)

First Floor, Post Office Building, Padamnagar, Delhi 110007 

No.GDS/CHQ/1/5/2013                            Dated 22-10-2013

To

All Circle / Divisional/ Branch Secretaries of All India Postal Extra Departmental Employees Union. All India Office Bearers

Dear Comrades, 

The All India Postal Extra Departmental Employees Union have already greeted you on the resounding victory for getting Bonus Ceiling enhanced from Rs.2500/- to Rs.3500/-. A letter to this effect addressed by Department of Post to AIPEDEU is printed elsewhere in this issue.

Now our next struggle begins on the question of getting Gramin Dak Sevaks included in the Seventh Pay Commission. Our claims should be considered by the same Pay Commission as other Central Govt. employees. We had raised this issue at the time of Sixth Pay Commission but Govt. did not agree. This time we are going to fight out relentlessly.

We have represented to the Govt. that is, Department of Post, Department of Personnel & Training and Finance Ministry to include Gramin Dak Sevaks (GDS) in the Seventh Pay Commission by making suitable provision in the Terms of Reference of Seventh Pay Commission like other Central Govt. employees. Letters written to three departments are published elsewhere in this issue of magazine. We have also sought support of 4 top most leaders of National Council (JCM) (Staff Side), namely Comrade Umraomal Purohit, Secretary (Staff Side), (JCM), Com. Shiv Gopal Mishra, General Secretary, All India Railwaymen’s Federation, Com. M. Raghavaiah, General Secretary, National Federation Indian Railwaymen, Com. C. Sreekumar, General Secretary, AIDEF. We have requested these senior leaders to raise inclusion of Gramin Dak Sevaks (GDS) in the Seventh Pay Commission when Terms of Reference are finalized with them. Since they are senior leaders of JCM, their support is very important and it matters. Letters written to these senior leaders of Central Govt. employees are also published in this issue of magazine elsewhere. But what is most important is that Com. Gurudas Das Gupta, MP and General Secretary AITUC has taken up our cause to include GDS in Seventh Pay Commission with the Minister for IT and Communication, Minister for Personnel & Training and Finance Minister. The letters written by Com. Gurudas Das Gupta too are published in this issue of magazine elsewhere. Com. Gurudas Das Gupta will also write to Prime Minister of India appealing to him to include GDS in the Seventh Pay Commission. He has also assured us that he will arrange meetings between us & Ministers. We have also sought support of 4 top most leaders of National Council (JCM) We are sorry to say that Secretary General of NFPE, Shri M. Krishanan in his circular, dated 28.9.2013 issued in the name of Confederation of Central Govt. employees has observed that inclusion of Gramin Dak Sevaks in Pay Commission would be resisted by Govt. Why Krishnan is saying so. Is he the spokesperson of Govt.? Why Krishanan is planting ideas in the mind of the Govt. regarding inclusion of Gramin Dak Sevaks in Pay Commission. This is sabotaging our demand and is highly condemnable stand of this leader and I call upon all branches to expose this leadership.  

Department of Posts issued clarification:- Letter no. 17-17/2010-GDS Dated 09.10.2013 regarding on scheme for engagement of a dependent of deceased GDS on compassionate grounds- merit points and procedure for selection. Another one Letter no. 19-14/2010-GDS Dated 18^th October, 2013 regarding- maintenance of select panel while finalizing the selection of various categories of Gramin Dak Sevaks above orders we published in our websites.  

Bonus Donation to CHQ and Circles.

We are informing you that the Financial position of the CHQ is very weak during the last financial year. Most of the Divisions are not sending due Quota to CHQ. We have to play key role and launch struggles for the cause of GDS main demands (i) Inclusion of GDS employees in 7^th Central Pay Commission. (ii) Regularisation of GDS employees. CHQ is going to conduct March to Parliament on 12-12-2013 and GDS National Convention on 13-12-2013. Future course of action will be decided there after due consultation of rank and file. CHQ appeals all our Branch/Divisional/Circles Secretaries to mobilize large number to attend the CHQ programmes. Suggest our comrades to make to and fro reservations as early as possible. The climate in Delhi in month of December is very cold. Come with necessary and proper arrangements to face cool climate.

Make successes Dharma in Divisional Head Quarters on 12-11-2013

Conduct Countrywide Dharma in Divisional Head Quarters on 12-11-2013 in support of Parliament Rally and GDS All India Convention. Send memorandum to the Prime Minister, The Finance Minister, The Communication Minister and The Secretary Posts, in your letter head. The copy of memorandum is enclosed with this circular.

DEMANDS

1.     Regularise GDS employees.

2.     Inclusion of GDS employees in 7^th Central Pay Commission.

3.     Provide cent percent compassionate appointments to the wards of deceased GDS employees.

4.     25% Postmen, MTS vacancies are filled up by the senior GDS officials on the basis of seniority cum fitness.

5.     Stop 25% postmen, MTS vacancies offer to outsiders. Those vacancies also should be filled up by GDS.

6.     Withdraw the tightened norms for cash handling, stamp sale, and other norms for assessing the workload of BPMs.

REQUEST FOR FINANCIAL ASSISTANCE TO MAKE FUTURE STRUGGLES SUCCESS.

Financial Assistance is very essential for CHQ to fight effectively for the cause of our demands.  We can’t conduct any programme at National level without money. Hence All the Branch/Divisional Secretaries are requested to collect Rs. 200/- as Bonus donation from each member, take this seriously. Co-oprate to improve the financial position of CHQ. Sent Bonus Donation by DD’s AIPEDEU(CHQ) Delhi. Division wise Donation particulars will be published in Rural Postal Employees strictly. DD’s should be sent to the following address.

The General Secretary/The Treasurer

AIPEDEU(CHQ)

Frist Floor, Padam Nagar Post office Building

Delhi-110007

With Diwali greetings,

 Yours fraternally,                                                                                                                     

                                                                                        

 (S.S. Mahadevaiah)

 General Secretary

GENERAL SECRETARY MEET AND APPEALED ALL THE NJCM TOP LEADERS FOR THEIR SUPPORT FOR INCLUSION OF GDS IN 7th CENTRAL PAY COMMISSION.

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

GDS/CHQ/1/10/2013                                                  Dated: 23.10.2013

To

Com. Umraomal Purohit,

Secretary (Staff Side), JCM,

National Council of the JCM,

13-C, Ferozesha Road,

New Delhi-110001.

Com. Shiv Gopal Mishra,

General Secretary,

All India Railwaymen’s Federation,

4, State Entry Road,

Near New Delhi Railway Station,

New Delhi-110055.

Com. M. Raghavaiah,

General Secretary,

National Federation Indian Railwaymen,

4, Chemsford Road,

New Delhi.

Com. C. Sreekumar,

General Secretary, AIDEF,

No.2, Valluvar Street,

Rani Annanagar,

Arumbakkam (PO)

Chennai-600106.

Dear Comrade,

          The Govt. of India have always kept Gramin Dak Sevaks (GDS) of the Postal Department numbering more than 3 lakhs outside the purview of the Pay Commission. It is a deliberate attempt to deprive them of their rights. This has been the policy all along. The Govt. have been confusing the issue of legal status of GDS as Govt. servants and taking negative stand. After sustained agitation by GDS, a Committee headed by justice Talwar was constituted by the Govt. The Committee came to the conclusion that GDS are Central Govt. employees and Recommended accordingly. This was also earlier the view of the First and Fourth Pay Commissions. In fact first CPC considered their claims & made recommendations accordingly. Disregarding bureaucratic attempts at confusing the legal status of GDS, both these commissions refused to toe the official line and took an independent view that GDS are Central Govt. employees. The following points need specific attention.

The GDS have always been counted & treated as part & parcel of total Postal workforce. In fact they are more than 55% of the total postal workforce and are running more than 80% post offices in the country, whereas regular Postal employees are only 45%. Justice Talwar committee was firmly of the view Commission. 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.

Attention is also invited to the landmark judgement of the Hon’ble Supreme Court in Gokulananda Dass case decided on 22.4.77 wherein it has categorically been held that GDS are holders of civil post under the union which means they are Central Govt. employees. Recently Central Administrative Tribunal Bench in Tamilnadu and Chandigarh have also held that GDS are Central Govt. employees.

The Gramin Dak Sevaks of the Postal Deptt. have made representation to the Govt. that their claims regarding revision of their pay scales and service conditions may be included in the Terms of Reference of Seventh Pay Commission and Commission may be asked to make recommendations as in the case of other Central Govt. employees. We are soliciting your kind support to our Demand with the request that you may kindly raise our demand when Govt. invites you for discussion to finalise Terms of Reference.

          With greetings,

                                                                                                 

 Yours comradely,

                                                                                             

(S.S. Mahadevaiah)

                                                                                            

 General Secretary

Department issued Orders Bonus to GDS employees at per with departmental and D.A for per-revised 6th CPC

 Department issued Orders Bonus to GDS employees at per with departmental and D.A for per-revised 6th CPC to CG and autonomous bodies

o

Today Standing Committee Meeting N.J.C.M leaders raised our GDS Issue.

Today, General Secretary met N. J.C.M. leaders, Com. Com. Shiv Gopal Mishra, General Secretary (AIRF), Sri M. Raghavaiah, General Secretary (NFIR) and Com. C. Shri Kumar, General Secretary (AIDEF) met and requested to raise and include 7th CPC Terms and Reference. The standing committee Meeting schedule will be held on 24/10/2013. All the leaders, they are extended support to and will raise our issue in above said meeting.

DEPARTMENT ISSUED CLARIFICATION REG- MAINTENANCE OF SELECT PANEL WHILE FINANLIZING THE SELECTION OF VARIOUS CATEGORIES OF GRAMIN DAK SEVAKS.

DEPARTMENT ISSUED CLARIFICATION REG- MAINTENANCE OF SELECT PANEL WHILE FINANLIZING THE SELECTION OF VARIOUS CATEGORIES OF GRAMIN DAK SEVAKS.

No. 19-14/2010-GDS                                                    Dated: 18 Oct 2013

Subject:-   MAINTENANCE OF SELECT PANEL WHILE FINANLIZING THE SELECTION OF VARIOUS CATEGORIES OF GRAMIN DAK SEVAKS.

I am directed to refer your office letters No. STA/22-12/BG-West/III dated 12.03.2013 & 26.06.2013 and this Directorate letter No. even dated 25.06.2010 on the subject cited above and to clarify the doubts as follows:-

Ser	Point of doubt	Clarification
1	If the approved candidates in the merit list declined to accept the offer of appointment and still there are number of eligible candidates in the merit list, whether the selection may be made by listing another select panel of 5 more candidates applied to the original notification or re-notification is to be issued in such cases?	No. In case all five approved candidates decline, the select panel gets exhausted and, therefore, in such cases selection process is to be initiated afresh.
2	A panel of 5 candidates was finalized during December 2012. First candidate did not turn up and the next meritorious candidates was selected and appointed on 16.01.2013. But he was terminated from service w.e.f. 01.04.2013 for his unsatisfactory work. Whether third candidate in the panel of selection made in the said case may be apointed or to go again for fresh appointment by fresh notification?	Apart from the contingencies mentioned in Para 6(i) to (iii), the select panel may be utlized in other contingencies as well provided the select panel is valid reckoning one year from the date of finalization of the select panel initially.

This issues with the approval of the competent authority.

                                                                                                     Sd/-

                                                                                             (Surender Kumar)

Assistant Director General (GDS)

CHQ Letter to Hon’ble MOC, Sri Kapil Sibal Jee,

 

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

GDS/CHQ/10/1/2013                                                         Dated: 15.10.2013

To

Sri Kapil Sibal jee,

Hon'ble Minister of Communications & I.T.

Government of India,

Electronic Niketan,  CGO Complex,

New Delhi-110003

Subject:- Inclusion of the issues and problems of Gramin Dak Sevaks of the Department of Posts.

Respected Sir,

          We would invite your kind reference to our letter of even no. Dated. 03.10.2013 on the subject. We have requested you to utilise your good offices for inclusion of the issues relating to Gramin Dak Sevaks of the Department of Posts in the purview and terms of reference of the 7^th CPC which has been announced by the Government to be constituted soon. Further to that we would venture to submit further justification for inclusion of Gramin Dak Sevaks in the consideration ambit of the 7^th CPC. 

2.   The Hon’ble Supreme Court of India have ruled in P.K. Rajama’s case {(1977) AIR Vol. 64SC1967}. Which is also referred to as Gokul Nanda’s Case that the Extra Departmental agents (as the GDS employees were then called) is not a casual worker but holds a post under the administrative control of the State. The Hon’ble Apex Court had held that “though such post is outside the regular civil services, there is no doubt it is post under the state. The  tests of a civil post laid down by this court in Kanak Chandra Dutta’s case (Supra) is clearly satisfied in the case of the extra departmental agents. Thus the highest court of the land has held the ED Agents (now GDS employees) as holders of Civil Post”.

3.     The 3^rd Central Pay Commission has defined the “Central government employees”. It considered “all persons in the civil services of the Central Government or holding Civil Posts under that Government and paid out of consolidated fund of India to be Central Government employees”. The case of Gramin Dak Sevaks clearly fits this definition. The Gramin Dak Sevaks are holders of Civil Post under the Central government, as held by the Hon’ble Supreme Court and are paid from consolidated fund of India. There is thus no doubt that the Gramin Dak Sevaks are central government employees and are legally fit to be included in the purview of the 7^th Central Pay Commission.

4.     The 4^th 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 out side the purview of the terms of our commission.

          Thus the 4^th 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.

5.     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.

6.     The sum total is that by the observation and declaration of experts and Judiciary, the Gramin Dak Sevaks fulfil the requirement of being included in the purview and terms of the Central Pay Commission.

7.     On the Contrary, what is the predicament of the departmental officers, retired or serving, which manifiests  itself in the bias as has been shown by Nataraja Murti Committee, has been summed up by the Savoor Committee in Para 1.5 thus:

This is somewhat disturbing, especially, when on the one hand the employees representatives are asking for higher wages and better conditions of service and This is somewhat disturbing, especially, when on the one hand the employees’ representatives are asking for higher wages and better conditions of service and on the other the government is seeking ways and means to curb the ever mounting losses in running the Postal services.

        The Savoor Committee itself suggests the answer, in para 1.6 thus:

From the peoples point of view of running the Postal Service which is an essential public utility, profits need not be the Chief motive for the Government. In India with such vast Postal network operating the services at surplus may not be possible.

8.     From all that has been described above, it clearly transpires that the GDS employees fit the bill for being included in purview and terns of Seventh CPC and their case should be referred to the 7^th CPC. This will on one hand impart Justice to both the GDS employees and the Department by thorough study and analysis the concerned issues and on the other save, the department from the expenditure of appointing a separate Committee.

We, therefore, request you kindly to utilise your good offices and impress on the Hon’ble Finance Minister so that the issues relating to the GDS employees are included in the preview and terms of the 7^th CPC to be constituted soon.

        With kind regards,

                                                                                                  

 Yours faithfully,

              Sd/-                                                                                 

 (S.S. Mahadevaiah)

 General Secretary