Thursday, October 17, 2013

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

Tele-Fax: 23697701
(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

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,

 (S.S. Mahadevaiah)
 General Secretary