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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 5/8th
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 5/8th 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 5/8th 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 (5/8th 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
