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Dear Shri Mahadaviah Ji
Please find here with the text sent to Shri Rahul Gandhi, as desired by you for his kind perusal...
With Regards
Pradeep Kumar Kunche
Think Social Engineering Think Me
Coordinator, All India Congress Committee
Scheduled Tribe Department, Room No 11-A
24, Akbar Road, New Delhi
011-23016340; 09313225838
..............................
Dear Shri Rahul Ji
I am here with forwarding
the representation received from “All India Gramin Dak Sevak Union” (AIGDSU)
They are requesting
your good self to intervene and ensure that their legitimate demand of including
Gramin Dak Sevaks (GDS) wage structure & service in the purview of 7th
Central pay commission.
At present these 2.7
lakhs GDS are on per hour pay of 3 to 5 hours depending up on the area, work
load in rural areas, who are otherwise part in carrying the benefits of some of
government welfare measures to the people in remote rural areas.
It is very sad that
some of the office bearers of AIGDSU members met your good self, including
members from Amethi, but to their distress the person’s who your good self referred
to them could not even meet them.
They planned a “Darna”
in front of your 12 Tuglak Lane from tomorrow onwards, which will carry
negative image not only n Amethi but entire country, after all these 2.7 lakh
GDS has outreach in more than 85% of the villages in the country.
I personally
requested these union members that wait for couple of days, giving them hope
that Rahul Ji will certainly address their issues..
This is for
information, record and immediate perusal.. ...
Note: Attached scan
copy of letters received from AIGDSU, Amethi...
.............................
---------- Forwarded message ----------
From: S.S. MAHADEVAIAH Mahadevaiah <ssmahadevaiah@gmail.com>
Date: Wed, Feb 19, 2014 at 4:02 PM
Subject: Request for Inclusion of GDS wage structure & service conditions in the purview of 7th Central Pay Commission.
To: kunchepk@gmail.com
Sir Kindly see attached.
Dated: 14.02.2014
To
Shri Rahul Gandhi Jee,
Hon’ble Vice President
& M.P.
A.I.C.C,
New Delhi -110001
MEMORANDUM
Most respectfully, on behalf of 2.7 Lakhs of Gramin
Dak Sevaks in the Department of Posts, We submit the memorandum on the pressing
problems of Gramin Dak Sevaks for your kind perusal and favourable action.
I) 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.
2) 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 outside 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.
3) 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.
4) The sum
total is that by the observation and declaration of experts and Judiciary, the
Gramin Dak Sevaks fulfill the requirement of being included in the purview and
terms of the Central Pay Commission.
Hence you are requested
to consider this demand positively.
II.) 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 same 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.
We, therefore, request you kindly to utilise your good
offices and impress on the DOPT and Ministry of Finance so that the issue
relating to the GDS employees are included in the preview and terms of the 7th
CPC.
With high regards,
Yours faithfully,