Meeting with Ho'ble Chair Person Smt. Sonia Gandhi UPA
government - Request for inclusion of GDS wage structure and
service conditions in 7th CPC - UP Circle
C.B. Tiwari Circle Secretary & Pradeep Singh Astt. Circle Secretary, U.P.
Circle at Ray Bareley on 25-02-2014
ALL
INDIA GRAMIN DAK SEVAKS UNION
U.P.
Circle
Dated: 25.02.2014
To
Smt. Sonia Gandhi ji,
Hon’ble Chairman,
United Progressive Alliance,
No.11 Janpath,
New Delhi -110 001
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 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,
