KAMALESH CHANDRA COMMITTEE A NOTABLE CHANGE

KAMALESH CHANDRA COMMITTEE 

A NOTABLE CHANGE

Gramin Dak Sevaks Committee chairman Sri Kamalesh Chandra has submitted its report to the Secretary, Postal Board on 24^th November 2016. Due to the series of agitational programmes of AIGDSU like Dharna’s at all levels the department published the GDS committee report on 19^th January 2017. AIGDSU issued indefinite strike notice also demanding early publication of GDS Committee Report.

There is no exaggeration to say that more than 80% suggestions of AIGDSU memorandum has been taken into consideration. The committee has not attempted to analyse the justification of GDS demand for grant of Civil Servant Status of the GDS stating that the matter is presently subjudice and hence left to the out come of the court case.

The committee firmly noted that the future survival of the Postal Department will largely depend on the successfull management of the GDS system. If the department neglects the GDS system, it would be difficult for the department to survive.

The main demand of AIGDSU grant of 8 hours work to GDS post offices is diluted. AIGDSU opined that nobody except AIGDSU demand 8 hours work is one of the reasons to dilute this demand. Grant of pension to GDS is also kept into dark. AIGDSU has written a letter to the Secretary, Department of posts on 7-02-2017 alongwith the principle CAT bench, New Delhi judgememt regarding grant of Pension to GDS.

AIGDSU is going to take chapter wise discussions of the recommendations  at length in the CWC held at Karur. Tamil Nadu Circle from 26-02-2017 to 27-02-2017. AIGDSU wish to submit a detailed memorandum to the department demanding immediate implementation of the favourable recommendations. AIGDSU would like to suggest necessary modifications and changes.

In case the government refuse to implement or dilute the favouralbe recommendations, there is no doubt that AIGDSU will start serious trade union action including indefinite strike.

It is known fact that the favourable recommendations of the GDS committee is a product of AIGDSU uncompromised struggles. Let all the GDS irrespective of unions unitedly fight and shall not rest till civll servant status to GDS achieved.

Telangana Circle CWC meeting and Calander inagarution held at Warangal on 4 to 5 February 2017

Telangana Circle CWC meeting and Calander inagarution held at Warangal on 4 to 5 February 2017

A.P. Circle Calander inagarution on 26 January 2017

A.P. Circle  Calander inagarution on 26 January 2017

Jharkhand Circle Conference held at Ramgarh Branch on 21 to 22 January 2017

Jharkhand Circle Conference held at Ramgarh Branch on 21 to 22 January 2017

Grant of Pension and gratuity to GDS employees -invalidation of Rule 6 of Gramin Dak Sevaks (Conduct & Engagement) Rules, 2011.

Tele-Fax: 23697701

ALL INDIA GRAMIN DAK SEVAKS UNION (AIGDSU)

(Central Head Quarter)

First Floor, Post Office Building, Padamnagar, Delhi 110007

President:                       M. Rajangam

General Secretary           S.S. Mahadevaiah

Letter No. GDS/72 /01/2017                                   Dated: 07/02/2017

To

Sri B.V. Sudhakar Jee,

Secretary

Department of Posts,

New Delhi-110001

Sub:-    Grant of Pension and gratuity to GDS employees -invalidation of

Rule 6 of Gramin Dak Sevaks (Conduct & Engagement) Rules, 2011.

Ref:-     judgment of the Hon’ble C.A.T.  Principal Bench, New Delhi delivered on 12.11.2016 in OAS No. 749/2015, 3540/2015 and 613/ 2015 and report of Kamlesh Chandra GDS committee in chapter 18 relating to severance amount, service discharge benefits scheme etc.

Sir,

        Your kind reference is invited to the judgment of the Hon’ble Central Administrative Tribunal Principal Bench New Delhi delivered on 17.11.2016 is OAS No. 749/2015; 3540/2015 and 613/2015 copy enclosed for ready reference in which the Hon’ble  Tribunal  has struck down Rule 6 of the GDS ( conduct & Engagement) Rules, 2011. The Hon’ble Tribunal has further observed as follows in para 18 of the judgement:

However, Rule 6 is in direct conflict with the judgments in Vinod Kumar Saxena (supra), P.K. Rajamma (supara), and Dattappa (supra) cases, as it debars Gramin Dak Sevaks from pension. The direct fall out of these judgments is that a Gramin Dak Sevak, who retires as a Gramin Dak Sevak and not absorbed in Group “D” should be entitled to get pension based on the period served as Gramin Dak Sevak. It cannot be at par with regular employees as the working hours are different. Since we cannot get into determination of the factual position of whether Gramin Dak Sevaks work for 5 hours or 8 hours or less, we would consider working hour of Gramin Dak Sevak as 5 hours as stipulated in Rule 3-A and, therefore, the period for which their service as Gramin Dak Sevak should be counted for the purpose of pension should be 5/8^th of the period actually spent as Gramin Dak Sevaks, for those who retire as Gramin Dak Sevaks.

2.       The Hon’ble Tribunal has ruled in para 20 of the said judgment as:

To summaries, we dispose of the O.As. with the following directions to the respondents:

(a)       For all Gramin Dak Sevaks, who have been absorbed as regular Group ‘D’ staff, the period spent as Gramin Dak Sevak will be counded in toto for the purpose of pensionary benefits.

(b)    Pension will be granted under the provisions of CCS (Pension) Rules, 1972 to all Gramin Dak Sevaks, who retire as Gramin Dak Sevak without absorption as regular Group ‘D’ staff, but the period to be counted for the purpuse of pension will be 5/8^th of the period spent as Gramin Dak Sevak. Rule 6 will accordingly be amended.

(c)    The Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 are held to be valid except Rule 6, as stated above.

1.         Thus paras 18.48 from para 18.48.1 to 18.48.8 relating to “severance Amount”  and para 18.49.9 to 18.48.14 stand in validated and the GDS employees are eligible for payment of pension under the provisions of CCS ( Pension) Rules 1972 by treating the period  of service rendered by them as 5/8^th  to be treated at par with departmental employee.

2.         Regarding the report in paras 18.48.15 to 18.48.19 relating to gratuity, the following modification are to be made :-

(1)      The nomenclature should be “Death cum Retirement Gratuity (DCRG)”

(2)      The maximum amount of gratuity should be Rs 12.5 lacks (5/8^th of maximum)

for departmental employees.

3.         Regarding other portion of report we shall be giving our views shortly in a separate letter.

You are, therefore, requested kindly to take these legal matters into view while implementing the report of the GDS committee.

        A copy of the aforementioned judgment is enclosed.

With high regards,

                                                                                          Yours faithfully

(S.S. Mahadevaiah)

   General Secretary