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 7th
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 7th 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 3rd 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 7th Central Pay
Commission.
4. The 4th 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 4th 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 7th 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 7th CPC to be constituted soon.
With kind regards,
Yours
faithfully,
Sd/-
(S.S. Mahadevaiah)
General Secretary
