POSTAL JOINT COUNCIL OF ACTION

POSTAL JOINT COUNCIL OF ACTION Hold Massive protest/Demonstration/Dharna immediately (on or after 27.08.2009) in front of important offices/divisional/circle. IN PROTEST AGAINST THIS DISCRIMINATIVE ATTITUDE, DELAY AND INJUSTIES A MASSIVE DHARNA, DEMONSTRATION AND PROTEST SHOULD BE ORGANISED AT ALL LEVELS.   Fax/telegram. IMMEDIATE CABINET APROVAL /ORDERS ON GDS PAY, SERVICE CONDITION ETC. GRANT BONUS AT PAR WITH DEPARTMENTAL STAFF 3.500/ CEILING AND OTHER JUSTIFIED DEMANDS WITHOUT ANY FURTHER DELAY. Name__________ Designation POSTAL JOINT COUNCIL OF ACTION   NATIONAL FEDERATION OF POSTAL EMPLOYOEES 1st Floor, North Avenue Post Office Building, New Delhi – 110001 FEDERATION OF NATIONAL POSTAL ORGANISATIONS T-24, Atul Grove Road, New Delhi – 110001 ALL INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION First Floor, Padam Nagar Post Office Building,  Delhi – 110007 NATIONAL UNION OF GRAMIN DAK SEVAKS Downhill, Malappuram, 676519 [Kerala]                                                   JOINT PROGRAMME OF ACTION DEMANDING IMMEDIATE APPROVAL OF GDS PAY COMMISSION BY GOVERNMENT   Dear Comrades / Colleagues!   The extreme delay on the part of the Government in accepting and announcing implementation of GDS Committee Report is condemnable. The entirety of GDS Employees are agitated on the face of this unexplainable delay while the regular employees are released with their second instalment of 60% arrears amount of 6th CPC by the Government on 25th August 2009. The delay even after reported submission of Cabinet Memo by the Ministry of Communications & IT is causing extreme pain and frustration amongst the entire work force of Department of Posts.   The Postal Joint Council of Action comprising National Federation of Postal Employees, Federation of National Postal Organisations, All India Postal Extra Departmental Employees Union and National Union of Gramin Dak Sevaks has therefore decided to launch the following united programme of action demanding immediate acceptance by the Cabinet and release of orders for implementation of GDS pay commission. The Postal Joint Council of Action of the above organisations has also decided to resort to direct industrial action if the orders are not released before 16th September 2009.     PROGRAMME OF ACTION   1. Nationwide protest demonstrations in front of work spots  2. Mass Rally at Divisional Level on 3.9.2009. 3. March to RAJBHAWAN and submission of Memorandum to Hon'ble Governors in all State Capitals on 10.09.2009 and March to District Collectors where State level March to Governors is not feasible 4. Relay Dharna for 3 Days from 14.09.2009 to 16.09.2009 5. Direct Action will be declared by Postal JCA if GDS Pay Commission not implemented by 16th September 2009.   The Postal JCA therefore calls upon the entirety of Postal Regular Employees and Gramin Dak Sevaks to unify their ranks and launch the Programme of Action with total commitment and get ready for industrial action.                                                  sd/-                                                                                           sd/- [D.Theagarajan]                                                       [K.Ragavendran] Secretary General                                                      Secretary General FNPO                                                                                             NFPE                                     sd/-                                                                                          sd/-                                 P.U.Muraleedharan                                                          S.S.Mahadevaiah General Secretary                                                          General Secretary           NUGDS                                                                                AIPEDEU

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Hold Massive protest/Demonstration/Dharna immediately (on or after 27.08.2009) in front of important offices/divisional/circle.

No.GDS/CHQ/1-5/2009        Dated: 26-08-2009   To,   All Circle/Divisional/Branch Secretaries, All CWC Members A.I.P.E.D.E.U.        Dear Comrade,   Hold Massive protest/Demonstration/Dharna immediately (on or after 27.08.2009) in front of important offices/divisional/circle.   Central Government has completely neglected 3 lakh Gramin Dak Sevaks while implementing 6th Central Pay Commission report.  This grave injustice towards rural section is vehemently opposed by the union.    IN PROTEST AGAINST THIS DISCRIMINATIVE ATTITUDE, DELAY AND INJUSTIES   A MASSIVE DHARNA, DEMONSTRATION AND PROTEST SHOULD BE ORGANISED AT ALL LEVELS.   Kindly send your report on the programme to CHQ send protest Fax/telegram.   IMMEDIATE CABINET APROVAL /ORDERS ON GDS PAY, SERVICE CONDITION ETC. GRANT BONUS AT PAR WITH DEPARTMENTAL STAFF 3.500/ CEILING AND OTHER JUSTIFIED DEMANDS WITHOUT ANY FURTHER DELAY.          Name__________ Designation   We call upon Circle/Divisional/Branch Secretaries and activists to send our protest to the Hon'ble Prime Minister, Government of India; Hon'ble Minister for Communications and I.T; Hon'ble State Minister for Communications & IT Hon'ble Labour Ministry and Secretary Department of Posts with copy by post to the CHQ. We hope this will be taken up with all sincerity and gravity.   With greetings,   Yours fraternally,   S.S.Mahadevaiah, General Secretary.   Further course of action will be announced shortly in consultation with others sister Unions/Federations.

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60 % ARREARS ORDERED BY GOVERNMENT

SECOND INSTALMENT OF PAY COMMISSION ARREARS FOR CG EMPLOYEES ORDERED BY FINANCE MINISTRY BY AN ORDER DATED 25.08.2009 [TODAY] THE FINANCE MINISTRY HAS CLEARED PAYMENT OF 60% ARREARS THE ORDERS OF THE FINANCE MINISTRY CAN BE DOWNLOADED BY CLICKING ON THE LINK BELOW: http://finmin.nic.in/the_ministry/dept_expenditure/notofication/second_installment.pdf

SETTLEMENT OF G.DS ISSUES LIKELY IN THE COMING CABINET MEETINGS

SETTLEMENT OF G.DS ISSUES LIKELY IN THE COMING CABINET MEETINGS

 

Comrades, our issues are to be approved by the cabinet soon.  The note was under circulation and at any time it may be approved.  It is still waiting time we feel and hats off to you for the enormous patience exhibited so far.  We have brought in pressure and left no stone unturned for the cause of GDS who have been exploited in all corners.

 

IT IS BY OUR STEADFAST COURAGE, WILL AND UNITY WE SHALL WAIT AND GET.  FOR WE ARE NOT BEGGERS! 

 

 

TODAY GRAMIN DAK SEVAK OF POSTAL IS MORE RELEVANT THAN BEFORE, HE IS THE HOPE OF THE FUTURE.  SERVICES OF THE G.D.S IS TO BE RECOGNIZED AND COMPENSATED RATIONALLY!

 

LANDMARK JUDGMENT OF HON'BLE HIGH COURT OF PUNJAB AND HARYANA PAYMENT OF GRATUITY ACT, 1972

LANDMARK JUDGMENT OF HON'BLE HIGH COURT OF PUNJAB AND HARYANA PAYMENT OF GRATUITY ACT, 1972:- PAYMENT OF GRATUITY TO SH. AVTAR SINGH GRAMIN DAK SEVAKS (DUE TO HIS RESIGNATION). IN THE HIGH COURTH OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.C. No. 5290 of 2009 DATED OF DECISIOIN: 01.04.2009 Senior Superintendent of Post Offices. Hoshiarpur Division, Hoshiarpur ……PETTIONER Versus Shri Avtar Singh and others ……RESPONDENTS CORAM: - HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Namit Kumar, Advocate, for the petitioner. *** SATISH KUMAR MITTAL.,J The petitioner has filed this petition under Article 226 of the Constitution of India for quashing the orders dated 1.2.2008 (Annexure P-5) and 10.11.2008 (Annexure P-7), passed by the Controlling Authority and the Appellate Authority, respectively, whereby the application filed by respondent No.1 for payment of gratuity under the Payment of Gratuity Act, 1972 bas been accepted and the petitioner has been directed to pay an amount of Rs.43,232/- along with interest. A perusal of the order, Annexure P-7, indicates that the authority has taken notice of a Division Bench judgment of the Court in the case of Sr. Supdt. of Post Offices vs. Smt. Sham Dulari & others (CWP No. 7576 of 2006), decided on 18.5.2006), whereupon relief has been granted to the respondents. It has further been contended that the order was challenged before the Hon'ble Supreme Court of India. The same, however, has been upheld. Learned counsel for the petitioner has been very fair in appending the judgment passed by the Division Bench of this Court, referred to above, as Annexure P-8, reported as 2006 (3) SCT 577. Considering the fact that learned counsel for the petitioner has not been able to distinguish the judgment of the Division Bench of this Court, no ground for interference by this Court is made out. Learned counsel for the petitioner has raised an additional issue of delay on the part of the respondent in approaching the authorities. The issue has been dealt with in impugned order. Annexure P-5. It has been recorded that delay was caused for reasons beyond the control of the petitioner and therefore, is condoned to meet the ends of social justice. I find no reason to interfere with the said reasoning. The petition is, accordingly, dismissed. Sd/- Shri Satish Kumar Mittal, Judge April, 01,2009 BEFPRE THE CPNTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972 AND ASSISTANT LABOUR COMMISSIONER (CENTRAL), CHANDIGARH IN THE MATTER OF GRATUITY CASE FILED BY SHRI AVTAR SINGH, AGAINST THE SENIOR SUPERINTENDENT OF POST OFFICES, HOSHIARPUR. Application No.48(9)/2007-ACH. R.K. AGGRAWAL, CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT 1972, AND ASSISTANT LABOUR COMMISSIONER (CENTRAL)-li BETWEEN SHRI AVTAR SINGH, S/O SH. JAGAT SINGH C/O SH. R.K. SINGH PARMAR, 211-L, BRARI, PO PARTAP NAGAR, NANGAL DAM, DISTT. ROPAR. APPLICANT. AND SENIOR SUPERINTENDENT OF POST OFFICES, DEPTT. OF POST & TELEGRAPHS, HOSHIARPUR.. NON-APPLICANT APPEARANCES: SH. R.K. SINGH PARMAR, AUTHORISED REP FOR APPLICANT SHRI HARMESH LAL, SPM GARSHANKAR AUTHORISED REP FOR NON-APPLICATN ORDER UNDER SECTION 7(4) OF THE PAYMENT FO GRATUITY ACT, 1972 AND RULE 11(4) This is an application in form 'N' under sub rule 1 of the rule 10 of the Payment of Gratuity (Central) Rules, 1972 (hereinafter referred to as "The Rule") filed by Shri Avtar Singh (hereinafter referred to as the "Applicant") claiming gratuity for the period of service rendered in Sr. Superintendent of Post Offices, Hoshiarpur (hereinafter referred to as the 'Non applicant'). The applicant in his application dated 19.2.07 has prayed this authority to issue necessary directions upon the Non-Applicant to pay him due gratuity along with interest on delayed payment of gratuity. A copy of application in Form-N submitted by the applicant was sent to the opposite party for comments as well as to attend hearing on 4.4.07. The case was further heard on various dates and finally concluded on 17.12.07. On perusal of the application, it found that the service of applicant Sh. Avtar Singh, was terminated on 29.8.05 due to his resignation. The applicant has filed the application on 19.2.07 i.e. after the lapse of about 2 years, hence, there is delay in filing of application on the part of applicant. The applicant has also filed an application dated 19.2.07 requesting this authority to condone the delay involved in the matter by submitting the reasons of delay but failed to appreciate expressively for day to day delay condonation in the matter. The matter has been taken into the record. A notice in form 'O' was issued upon the non applicant, with the copy to the applicant, advising them to attend hearing on 4.4.07, in person or through a duly authorized representative for the purpose of answering all material question relating to the application in support of/ to answer the allegations. The applicant during the hearing argued this authority to condone the delay involved in the matter, as he was ignorant about the provisions of law. In this connection it has been observed that there are several judgments of Hon'ble high Court and Supreme Court of the Country, which enables the applicant to get the condonation on delay being the payment of Gratuity Act is a social legislation. "The court have observed that the gratuity is social welfare legislation Workers cannot be deprived of the same merely on account of late filing of application. Discretion exercised accordingly is just and proper. No. Interference required-Textmo Limited Vs. Ramdhan 1992 (65) FLR 742 (Del)" Under the circumstances, I find that the delay is caused beyond the control of the applicant and the matter is condonable, hence, condoned to meet the end of social justice. The applicant in his application submitted that he has joined establishment of Non-Applicant on 2.11.76 and his services were terminated on 29.8.2005 on resignation. He has submitted that his last drawn wages was Rs. 2584/- PM including DA and he has completed 28 year 9 months and 27 days i.e. 29 years of Continuous Services in the establishment of Non-Applicant. The applicant requested to issue necessary directions upon the Non-Applicant to enable him to get gratuity alongwith interest on delay payment of gratuity. During the course of argument in the matter, the representative of Non-Applicant informed that the applicant is not entitled to get gratuity as he was a Govt. employees. They have further submitted that the applicant is not falling within the definition of 'Employees' under Section 2-e of PG Act,1972 in the light of Hon'ble Supreme Court of India decision in case of Union of India and others Vs Kameshwar Parshad (1998) SCC(L&S) 447 in which the Hon'ble Supreme court has held that the EDA employees are holding post under Central Govt. The applicant submitted that the contention of Non-Applicant is not proportionate as he was not holding the post under Central Govt. nor the Non-Applicant has paid gratuity in accordance with the provisions of D.C.R.G. as applicable to the Central Govt. employees. The Applicant further pleaded that the Hon'ble Supreme Court of India in case of Kameshwar Parshad have not held that the EDA Employees holding posting under Central Govt. are not entitled to get gratuity under the provisions of Payment of Gratuity Act,1972.. The Supreme Court has simply held that EDA employees are Civil servant and entitled for protection under article under 311(2) of the Constitution of India. In support of his pleading, the applicant drawn the attention towards the provisions of Section 5 and 14 of PG Act,1972 by which the provisions of PG Act to over rides the provisions of EDA (Conduct and Services Rules) and nothing shall effect the right of employees to receive better terms of gratuity. The bone contention of the Non-Applicant is that the claim of applicant is not admissible under the provisions of PG Act as the applicant was not an employees within the meaning of Section 2-e of the PG Act. Moreover, the services of applicant was governed by EDA (Conduct and Services) Rules. Under the circumstances, it is amply clear that the applicant was holding a post not Governed under CCS (Pension) Rules. The services condition of the workman was governed under the provision of E.D. Agents. The EDA (Extra Departmental Agents) no known as Gramin Dak Sevaks but the provisions of EDA (Conduct and Services) Rules are less favorable than the provisions of PG Act,1072. Under the circumstances, I am of the opinion that the applicant will fall within the ambit of Section 2(e) of PG Act, 1972. Further there is no dispute regarding the date of appointment, the date of termination and the amount of last drawn wages, as the same has been verified by the non-applicant from their official records. In view of foregoing discussion, I have no hesitation to consider that the applicant is entitled for the gratuity in accordance with the provision of PG Act,1972. The Representative of No-Applicant has also not disputed about that continuance of the service between the dated of appointment and the date of termination. The applicant is entitled for payment of gratuity as under:- Last drawn wages 2584/- Date of appointment 2.11.1976. Date of terminated 29.8.2005 Total period of services 28 years 9 months & 27 days (say 29 years) Gratuity payable @ 15 days for each completed year of service and part thereof, thus amount of gratuity will be:- 2584X15X29 =43232.30/- (Say Rs. 43232/-) 26 The applicant was thus entitled for the gratuity amounting to Rs.43232/- on the date of terminated of his service i.e. 29.8.2005. Summing up my findings I hold that the applicant is entitled to receive the gratuity amounting to Rs.43232/- alongwith simple interest @ 10% per annum on the gratuity amount of Rs.43232/- from 29.8.2005 to the date of payment. This is my findings and directions in this regard issued accordingly. Issued under my hand and Seal on this day of 1-2-2008. Sd/- (R.K.AGRAWAL) Controlling Authority under PG Act, 1972 & Assistant Labour Commissioner (Central) Chandigarh Date 1.2.08

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AIPEDEU SEEKS KIND INTERVENTION OF HON'BLE PRIME MINISTER

TO BE FREE ON THE EVE OF 63RD INDIA INDEPENDENCE AIPEDEU SEEKS KIND INTERVENTION OF HON'BLE PRIME MINISTER FOR EARLY APPROVAL BY THE UNION CABINET! GDS/CHQ/41/1/2009 Dated: 19.08.2009 To: Dr.Manmohan Singh, Hon'ble Prime Minister, Government of India, New-Delhi-110001. Respected thou honor, Sub: Help the needy – the deprived lot. ………. The Gramin Dak Sevak of the Postal Department was also one among millions watching the statement of Hon'ble Prime Minister of India on 15th August, 2009. It is but natural to expect on the nice occasion when India was celebrating 63rd INDEPENDENCE DAY. Yes, Gramin Dak Sevak is also one of the deprived lots in this country working for Aam Admi, himself being so. Much has been said about his saga of sufferings and NOW HIS 'PAY' ISSUE IS TO BE APPROVED BY THE UNION CABINET! Whether the aspirations of this humble citizen would be fulfilled at the earliest? For the 2.8 lakh Gramin Dak Sevaks (GDS) are the most exploited section of independent India! We sincerely hope that with the initiative of the Hon'ble Prime Minister the issue of "Pay and service condition of GDS" would be approved by the Union Cabinet soon. For such act of humane consideration we would be much grateful to you the respected honor. JAI HIND! Thanking you, Yours faithfully, Sd/- (S.S. Mahadevaiah) General Secretary

GDS FILE WAS CLEARED BY HON'BOLE MOC. CABINET NOTE OF OUR DEPRTMENT WILL BE SENT THROUGH D.O.P&T AND THEN CABINET WILL APPROVE IT MAYBE IN 2 OR 3 WEEK.

GDS FILE WAS CLEARED BY HON'BOLE MOC. CABINET NOTE OF OUR DEPRTMENT WILL BE SENT THROUGH D.O.P&T AND THEN CABINET WILL APPROVE IT MAYBE IN 2 OR 3 WEEK.

Government of India

Ministry of Communications & IT

Department of Posts

Dak Bhawan, Sansad Marg, New Delhi-11001

No.17-103/2007-GDS Dated: 14.07.2009

To

All Chief Postmaster General,

All Postmasters General.

Sub: Filling up of GDS posts in Branch Post Offices –Clarification regarding.

Sir/Madam,

Directorate has, of late, been receiving a number of references regarding filling up of GDS vacancies in the Branch Post Offices. The undersigned is directed to invite reference to the Directorate letter No. 17-103/2007-GDS dated 8.7.2008 wherein clarifications regarding filling up of vacant posts of GDS were laid down. As per the principle brought out in the instructions of the Directorate referred to above, vacant post of GDS in Branch Office can be filled up if found justified on the basis of work load norms and financial parameters. If the twin criteria of workload and financial norms are not fulfilled then it is necessary to seek the approval of head of Circle. The above stipulations are applicable mutatis mutandis to all the Branch Post Offices irrespective of their establishment i.e. whether the Branch Office has single, double or more than two hands. The procedure reiterated in the aforesaid Directorate letter has resulted in non-filling up of vacant posts of GDS in the branch Post Offices especially in the single-handed Branch Offices.

2. The matter has, therefore, been reviewed in its entirety and it has been decided to fill up vacant posts of GDS in a manner set forth in the ensuing paragraphs.

(i) Filling of GDS post in single handed Branch Offices

In single handed Branch Offices, the GDS post rendered vacant on account of discharge from the service, appointment of the GDS against a departmental post or death of the GDS may be filled up to ensure basic postal services and facilities in the rural areas through the existing Branch Offices.

(ii) Filling of GDS post in Branch offices with two or more hands

The vacant post of GDS may be filled up on the basis of triennial review already carried out. If prescribed workload and financial parameters as prescribed for opening of a Branch Office are not fulfilled but the posts are required to be filled up for operational reasons then the approval of Chief PMG will be required with concurrence of Circle IFA.

3. It should be ensured that the triennial review of Branch Offices is carried out regularly and invariably as per existing instructions.

4. This issues in supersession of earlier instructions issued for filling up of vacant posts of GDS contained in following letters.

(i) Letter No. 40-35/Xth Plan dated 14.08.2003, 23.10.2003, and 17.02.2004.

(ii) Directorate Letter No. 17-103/2007-GDS dated 24.12.2007 except para 4 thereof.

(iii) Head of Circles should endure action accordingly.

(iv) The receipt of this letter may be acknowledged to the undersigned.

Yours faithfully,

(A.K. Sharma)

Dy. Director General (Estt.)

Phone No.011-23096098

Government of India

Ministry of Communication & IT

Deptt. Of Posts

Dak Bhawan, N.Delhi-110001.

No.12-18/2009-UPE Dated 13.07.2009

To

All Heads of Circles.

Subject: - Supply of lady's umbrella to all female Gramin Dak Sevak employees.

I am directed to refer to say that as per Rule 737(X-d) of P&T Manual Volume—II, the eligible GDS employees are provided umbrella once in three years. A request has been received from the General Secretary, All Inida Postal Extra Departmental Employees Unioin to provide ladies umbrella to the female. Gramin Dak Sevak employees.

2. In this connection it is pertinent to mention here that in case of regular employees, there is no provisioin of ladies umbrella. However, as a general rule, folding umbrella was allowed for the employees who prefer the same provided that it is on rate contract of DGS&D. However the rate of folding umbrella should not exceed the rate finalized by DGS&D under R/C for long handle steel umbrellas. In this connectioin a copy of this Dte. Letter No. 12-21/2007-UPE dated 18.9.2007 is enclosed.

3. The request of the above union for lady's umbrella to the female Gramin Dak Sevak employees has been considered and it has been decided that the criteria as laid down for regular employees in the Directorate letter quoted above shall be made applicable to G.D.S inclucing female G.D.S.

4. This issues with the approval of the competent authority.

Yours faithfully

(Ram Lal)

Asstt. Director General (MPP)

No.12-21/2007-UPE
Government of India
Ministry of Communications & I.T.
Department of Posts

Dak Bhavan, Sansad Marg,
New Delhi-110001

Dated: 18.09.2007

To

All Heads of Postal Circles.

Sub:- Supply of folding type of umbrellas to eligible employees in the field units of the Department of Posts-general instructions regarding.

Sir/Madam,

References/suggestions have been received from some quarters regarding replacement of long handled steel umbrellas by folding type of umbrellas, as long handled umbrellas are not easy for carrying and causes a lot of inconvenience in the discharge of duties by the officials,

2. The matter has been considered in the Department of Posts and it has been decided that Circles may provide folding type of umbrellas also (in place of long handled steel umbrellas presently being provided to eligible staff working in the field units) to those employees preferring them provided it is on Rate Contract (R/C) of DGS&D. However, the rates of folding type of umbrellas should not exceed the rates finalised by DGS&D under rate contract, for long handled steel umbrellas.

3. This issues with the approval of Member (I&FS).

Yours faithfully,

(S.S.MEHRA)
Assistant Director General (MPP)

MASSIVE MARCH AT CHENNAI (Tamilnadu)

MASSIVE MARCH AT CHENNAI (Tamilnadu)Memorandum to Dr.K.Karunanidhi for kind intervention.

MASSIVE MARCH AT CHENNAI (Tamilnadu)

MASSIVE MARCH AT CHENNAI (Tamilnadu)Memorandum to Dr.K.Karunanidhi for kind intervention.