Tele-Fax: 23697701
ALL INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION
(Central Head Quarter)
First Floor, Post Office Building, Padamnagar, Delhi 110007
President: D.N. GiriGeneral Secretary S.S. Mahadevaiah
Letter No.GDS/CHQ/52/1/2013 Dated: 20.01.2014
To
The Secretary,
Department of Posts,
Dak Bhavan,
New Delhi-110001
Sub:- Holding of Relay hunger fast before Circle offices from 20-01-2014 to 24-01-
2014 for settlement of the justified demands of Gramin Dak Sevaks.
Madam/Sir,
This is with reference your letter No. 8/21/2013-SR Dated 7th January, 2014. Regarding our programme of relay hunger strike from 20-01-2014 to 24-01-2014. Most respectfully we request the Department of Posts to consider the following demands positively.
1) Departmentalisation of BOs.
It is pertinent to mention that there are more than 25% of the existing BOs having the workload for more than six hours at present. In accordance with Marathe time test under para 93(iv) and para 114(i) if a single handed post office is having 11 hours workload, the second PA an be augmented. On the similar analogy such BOs having more than six hours work load can be straightaway departmentalized.
If time factors for all the work performed by the GDS is formulated, certainly it will pave way for the departmentalization of BOs. We don’t want any incentives or perks.
On computerization of BOs, there is every possibility of introducing all kinds of works under the business activities of the postal department or tie up with Governmental organizations.
The work like pension payments, direct booking of money orders, SB operations with maintenance of independent ledgers may be assigned to the departmentalized Branch Post Offices so that the Postmasters will be entrusted more work.
If post offices are kept open for more hours and introduces with more new items of work, there is every possibility of increasing the work load.
Then there is no question arising about devoid of merit and lacks justification.
2) Civil Servant status to Gramin Dak Sevaks
It is not irrelevant to mention EDA(Conduct & Service) Rules, 1964: Supreme Court ruling that EDA are holders of Civil Posts.
“The question whether Extra Departmental agents are holders of Civil Posts under the Government of India has been the subject matter of contention for a long time. The Department has always held the view that EDAs are part time employees, who are expected to have independent source of income Generally school teachers, small shop keepers, farmers, village headman, employees of local Government’s etc. Work as EDAs. The EDAs are not work for full time and as such are not eligible for concessions and privileges admissible to regular Government servants. This view of the Department and as such entitled to protection under article 311(2) of the constitution. Not satisfied with the judgement of the learned High Court, the department went in appeal against their judgement to the Supreme Court. The Supreme Court in their judgement delivered of civil posts under the Government and protection available to regular Government servants under provisional of article 311(2) of the constitution. After examining the relevant features of the EDA(Conduct & Service) Rules, 1964, which according to the Supreme Court, contained elaborate provision controlling the Payment, leave, termination of service, nature of Penalties, Procedure for imposing penalties, right of appeal etc. The Supreme Court hold that.
“It is thus clear that an Extra Departmental Agents is not a casual worker but he holds a post under the administrative control of the state. It is apparent from the rules that the employment of Extra Departmental Agent is in a post which “exists apart from” the person who happens to fill it at any particular time. Though such a post is outside the regular Civil Services, there is no doubt it is a post under the state. The tests of Civil Post laiddown by this court in Rana Chandra Dutta’s case (Suprav) are clearly satisfied in the case of Extra Departmental Agents.”
The rules make it clear these Extra Departmental agents work under the direct control and supervision of the authorities who obviously have the right to control the manner in which they must carry out their duties. There can be no doubt therefore that the relationship between the postal authorities and the extra departmental agents is one of master and servant.
The implication of the judgement of the Supreme Court is that EDAs who have till now been not regarded as holders of Civil Post will hence forth be entitled to be treated as holders of Civil Post and as such safeguards available to regular Government servants under Article 309 and 311(2) of the constitution will also have to be extended to them.
It time factors for all the work performed by the GDS is formulated, certainly it will pave way for the regularization of many GDS who are actually working for more than six hours but not availed the benefits of departmentalization. We don’t want any incentives or perks denying our regularization.
The present Minister of Communications & IT Sri Kapil Sibal has sought recently to the department about the regularization of all the GDS for which the department has furnished that it will cost around 4000 crores. If new norms are fixed for the work and taking consideration of providing computers at BOs to expand the services to the public, We should not mind about the cost involved.
3) Inclusion of GDS wage structure & service conditions in the purview of 7th Central Pay Commission.
Except Justice Talwar Committee, all the Committees appointed by the Government for revision of the wage structure and other service conditions of Gramin Dak Sevaks made so many retrograde recommendations done injustice to the low paid employees. Though the GDS system is unique to the Department of posts, it is not falling under any of the classified group, EDAs were included within the purview of First Central Pay Commission for revision of the wage structure and other service conditions. The GDS system will really be an invaluable asset to the department of posts, if the department utilizes properly.
Hence you are requested to consider this demand positively.
4) Provide cent percent compassionate appointments to the wards of deceased GDS employees.
The declaration of Justice Talwar that 95-70% GDS are solely depending upon their wages for their livelihood. In rural areas, nobody can get any income from small hut or thatched house. It is pity that GDS who is having small hut or thatched house in a Village and owned 20 or 25 percents of land allocating ‘o’ points. We cannot understand now can they get sufficient income on the small portion of land. The procedure has been reviewed.
The Department has held the view that the job profile, working hours, working conditions, applicability of rules for the regular Departmental Employees and that of the GDSs are all together different so it is not correct to compare GDS compassionate appointments with departmental compassionate appointment.
Hence it is requested to review the procedure.
5) With the hope of departmentalization at one day, GDS are prolonging their life with more expectation of their future.
It unfilled Gr-D quota vacancies are offered to the open market recruitment, it will be adversely affected the promotional chances of senior group-D staff and GDS. We would like to point out that young and energetic and highly educated are being appointed as GDS in the Department. They are capable of doing any kind of work. There is no need to offer for young blood to the open market.
More over the Department did not discuss to the AIPEDEU before introducing the R.R. rules. Our views are not taken into consideration unilaterally the R.R. rules were implemented.
REQUEST
We have to honour the decision of GDS National Convention and it is our duty to bring the GDS problems to the notice of Department of Posts. We have done our job. We are agree with the openion of the department of settle the demand through dialogue.
Most respectfully we request the Department of Posts to settle the demands positively. We are ready to negotiate point wise. We are sending herewith our views on demands. We hope that the department responds positively. Otherwise, we are compelled to initiate trade union action in continuation of hunger fast programme.
With regards.
Yours faithfully,
(S.S. Mahadevaiah)
General Secretary
