A BLOCK SPOT…………….
Hon’ble Supreme Court has ruled that GDS, erstwhile ED, are the holders of civil post but the decision was strangely confined to inflict punishments and not to extend benefits of a civil servant! Whether justice is done this section on this area at least? The answer is in the negative! GDS are still a subject of harassment in the guise of DISCIPLINARY ACTION in one way or the other.
If we turn the page of history there was a demand LONG BACK in the postal charter TO TREAT E.Ds AS HUMANS! Even today in free INDIA where equality before LAW is assured as per the constitutional provisions, there are cases of excesses in the guise of DISCIPLINE! Put off duty(Suspension) for not attending meetings called after working hours, not attending RPLI meetings(MELAS) after working hours or Sundays, wrong delivery of one or two speed articles beyond the control of GDS, against fictitious/cooked up complaints etc. The routine omissions and commissions without any ill motive and trivial matters (not covered under CHARGE) are made charges to resort to disciplinary action. The tool of discipline is by and large misused by the appointing and sub-appointing authorities and the matter is not being REVIEWED BY THOSE VESTED WITH POWERS. This is highly deplorable and bad in law and result in avoidable appeals, petitions and fight in courts.
The principle of nil nisi bonum (‘Of the dead, nothing unless good’) is NOT applicable to GDS employees. The wards of those GDS dies in harness are not eligible for COMPASSIONATE APPOINTMENT in case they are died before investigation. A negligible issue to CENSURE or CORRECTIVE MEASURE is a bar for such facility which defeats the very purpose. NO COMPASSION EVEN IF THE CONDITION OF THE FAMILY IS CRITICAL. But this restriction is not there in case of departmental employees – Blatant injustice and discrimination indeed. There is now power to the CRC to examine cases on merits at least! THE PRESENT SYSTEM OF ALLOTMENT OF POINTS AND EARNING MINIMUM OF 51 POINTS IS ALSO UNSCIENTIFIC AND THE MOST DESERVING ARE ALSO DENIED OF THE FACILITY. NO PROVISION/DISCRETION TO HELP THE DISABLED, MENTALLY RETORTED AND THOSE REALLY IN DISTRESS. SUCH RESTRICTION OF POINTS ARE ENFORCED UPON THE G.D.S ALONE WHICH IS DISCRIMINATIVE AND BAD IN LAW.
In spite of our urge to resolve issues before pay commissions and available forums the cases are on increases, spread along the length and breadth of the country. Low level officers are either exploiting the GDS for their personal gains or harassing the humble in the name of DISCIPLINE. The strong will pass through and weak are caught in the web! It is high time that the GDS should not hesitate to resist any such move AND all concerned SHOULD take serious note of this BLACK SPOT!
****************