Friday 21 February 2014

Copy of agreement between Department and our Union

Dear Comrades,



A GREAT ACHIEVEMENT BY AIGDSU

STEPS HAVE BEEN STARTED TO BREAK 150 YEARS SLAVERY.

ONCE AGAIN PROVED THAT ONLY STRUGGLES CAN SETTLE THE JUSTIFIED DEMANDS.

 GDS UNITY GOT THIS VICTORY. HATS OFF TO ALL.

THE OUTCOME OF INDEFINITE STRIKE IS RESPECTABLE AGREEMENT. 

OUR LEADERS MET HON’BLE DOPT MINISTER SRI. V.NARAYANA SWAMY AT HIS RESIDENCE 29 TUGLAK CRESCENT ON 21/2/14 AT 7:30 P.M. AND SUBMITTED DETAILED MEMORANDUM AND EXPLAINED GDS PROBLEMS. HON’BLE MINISTER ASSURED OUR LEADERS THE ISSUES PERTAINING INCLUSION OF GDS IN 7TH CPC AND 50% DA MERGER WILL BE DISCUSSED WITH DOPT OFFICERS ON MONDAY.

CHQ CONGRATULATES ALL CWC MEMBERS, CIRCLE SECRETARIES DIVISIONAL/BRANCHA SECRETARIES, OUR MEMBERS, WELL WISHERS AND SISTER UNIONS LEDERS AND MEMBERS AND POLITICAL  LEADERS FOR THEIR CONTRIBUTION FOR MAKING INDEFINITE SUCCESS

A DETAILED REPORT WILL BE POSTED TOMORROW  

AGREEMENT COPY


Strike was called off after the agreement with the Department of Posts

Dear Comrades,

As per CHQ Website,

Strike was called off after the agreement with the Department of Posts.

Strike was called off after the positive agreement with the Department of Post.

Agreement copy will be kept in our website.

Thursday 20 February 2014

Wednesday 19 February 2014

GDS Strike reached on third day

Dear Comrades,


GDS Strike reached on third day. More GDS are participating in the strike. Media coverage and strike snap taken before Borigumma SO is published hereunder:-






Borigumma SO

Indefinite Strike on second day

Dear Comrades,

All the GDS have participated in the second day of indefinite strike too.





Monday 17 February 2014

Candle Rally and Dharana at Divisional Headquarter, Jeypore

Dear Comrades,

The GDS members headed by com. Rajendra Prasad Sahu have shown their protest against the Government and Department for not considering their legitimate demands by conducting a candle rally and shouting slogans seating on Dharana to fulfill their demands in front of the Divisional Office, Jeypore(K).




Sunday 16 February 2014

CHQ MEMORANDUM TO HON'BLE MOC

Dear Comrades,

Tele-Fax: 23697701
ALL INDIA GRAMIN DAK SEVAKS UNION
(Central Head Quarter)
First Floor, Post Office Building, Padamnagar, Delhi 110007

President: D.N. Giri
General Secretary: S.S. Mahadevaiah

                                            Dated: 14.02.2014

To

Sri Kapil Sibal Jee,
The Hon’ble Minister of Communication & IT,
Government of India,
Sanchar Bhavan,
New Delhi-110001

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 offices and impress on the DOPT and Ministry of Finance 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,
(S.S. Mahadevaiah)
General Secretary

NEGOTIATIONS FAILED IN PRESENCE OF LABOUR COMMISSIONER

Dear Comrades,


NEGOTIATIONS FAILED IN PRESENCE OF  LABOUR COMMISSIONER



The Government of India and the Dept. of Post are very adamant towards settlement of our demands. All the GDS fraternity are requested to get ready for Indefinite strike irrespective of cadre and banner. All our Divisional/Branch Secretaries are requested to organize and mobalize effectively. Take seriously and put all efforts to make strike success . Comrades remember, without strong protest and struggle, the exploitation since 150 years should not be eradicated.



 

    CHQ PROGRAMME


                 17.02.2014            Candle Rally
                 18.02.2014            Strike Starts
               19.02.2014           Rally to District collector office and submit Memorandum                                         
                20.02.2014            Rastha Rokos at Divisional head quarters. 
                                         Yours faithfully                                                                                  
                                           (S.S. Mahadeviah)
                                          General Secretary

CHQ Letter to Regional Labour Commissioner (Central)

Dear Comrades,
                                                                                                                         Tele-Fax: 23697701
ALL INDIA GRAMIN DAK SEVAK UNION
(Central Head Quarter)
First Floor, Post Office Building, Padamnagar, Delhi 110007
President:                       D.N. Giri
General Secretary           S.S. Mahadevaiah
Letter No.GDS/CHQ/52/1/2013                                     Dated: 14.02.2014
To
Sri S.K. Das,
Regional Labour Commissioner(Central),
Jeevan Deep Building,
New Delhi-110001
Sub:-  All India Gramin Dak Sevaks Union proposed Indefinite strike from 18-02-2014 settlement of the justified demands of Gramin Dak Sevaks.  
Respected Sir,
          This is with reference to your letter No. 8(2)2014-PA Dated 13.02.2014 Regarding programme of Indefinite strike. Most respectfully we request the Department of Posts to consider the following demands positively.   
I.)     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 4000 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.
II)     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.
III)   Provide cent percent compassionate appointments to the wards of deceased GDS employees.
          The declaration of Justice Talwar that 95-70% GDS are solely depending upon their wages for their livelihood. In rural areas, nobody can get any income from small hut or thatched house. It is pity that GDS who is having small hut or thatched house in a Village and owned 20 or 25 percents of land allocating ‘o’ points. We cannot understand now can they get sufficient income on the small portion of land. The procedure has been reviewed.
The Department has held the view that the job profile, working hours, working conditions, applicability of rules for the regular Departmental Employees and that of the GDSs are all together different so it is not correct to compare GDS compassionate appointments with departmental compassionate appointment.
Hence it is requested to review the procedure and reduce the points fixed for deserving cases from 50 to 35. Kindly modify the conditions regarding the term dependents. Married son and the old parents of deceased employee may be considered as dependents.
IV)    With the hope of departmentalization at one day, GDS are prolonging their life with more expectation of their future.
If unfilled Gr-D quota vacancies are offered to the open market recruitment, it will be adversely affected the promotional chances of senior group-D staff and GDS. We would like to point out that young and energetic and highly educated are being appointed as GDS in the Department. They are capable of doing any kind of work. There is no need to offer for young blood to the open market. Due to the high standard or the question papers beyond 10th standard, so many posts in Postman & MTS Cadre are left unfilled. So a special examination may be conducted on the basis of 10th standard to fill up the unfilled posts. 25% vacancies of Postman may be filled up with senior GDS officials on the basis of seniority cum-fitness.
                                             
More over the Department did not discuss to the AIPEDEU before introducing the R.R. rules. Our views are not taken into consideration unilaterally the R.R. rules were implemented.
REQUEST
          We have already submitted our views on our justified demands to the Department of Posts. Unfortunately there is no positive response from the Department after the five days countrywide relay hunger fast from 20-24 January, 2014. We are compelled to go on Indefinite strike.
Hence your kind intervention is requested to settle our justified demands positively.
With regards.
  
Yours faithfully,                                                                         
(S.S. Mahadevaiah)
General Secretary 

Tuesday 11 February 2014

Department calls to the Union Representative for Meeting on 12.02.2014

Dear Comrades,


Gramin Dak Sevaks are not Central Government employees and this issue is within the domain of DoPT and Ministry of Finance- Govt

Dear Comrades,


Gramin Dak Sevaks are not Central Government employees and this issue is within the domain of DoPT and Ministry of Finance- Govt

Gramin Dak Sevaks are not Central Government employees and this issue is within the domain of DoPT and Ministry of Finance: Latest reply by Govt in Rajya Sabha


GOVERNMENT OF INDIA
MINISTRY OF  COMMUNICATION AND INFORMATION TECHNOLOGY
RAJYA SABHA
UNSTARRED QUESTION NO-1784
ANSWERED ON-07.02.2014
Grameen Dak Sevaks
1784 . SHRI MAHENDRA SINGH MAHRA

(a)  the State-wise number of Grameen Dak Sevaks working throughout the country at present;

(b)  whether the Ministry proposes to appoint these Grameen Dak Sevaks to the posts of postman and MTS on the basis of their seniority;

(c) if not, by when these Grameen Dak Sevaks are likely to be appointed to the posts of postman and MTS;

(d) whether the Ministry has received a demand letter from them demanding better facilities; and

(e) if so, the details of the action taken in this regard?


ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (DR. (SMT.) KILLI KRUPARANI)

(a) As on 01.01.2013, the total working strength of various categories of Gramin Dak Sevaks is 263326. State-wise and UT wise details is at Annexure-I.

(b) Statutory recruitment rules of MTS already provide for their absorption to the posts of MTS on the basis of seniority. However, there is no proposal for their absorption to the posts of Postman on the basis of seniority.

(c) Absorption of Gramin Dak Sevaks to the posts of postman and MTS can only be made as per the provisions of statutory recruitment rules of postman and MTS.

(d) It is not clear from the question, which specific letter is being mention. However, some letters regarding inclusion of the category of Gramin Dak Sevaks within the purview of 7th Central pay Commission have been received.

(e) Gramin Dak Sevaks are not Central Government employees and this issue is within the domain of DoPT and Ministry of Finance.
Click here to view Annexure

CHQ Writes : Work Hard For The Success Of Indefinite Strike

Dear comrades,


All India Gramin Dak Sevak Union.


The CHQ calls upon the All CWC Members/Circle/Divisional/Branch Secretaries and active members to  make  the  indefinite  strike  from  18.02.2014 programme  a  resounding success.

           It is requested hold press meets/ conferences  and other publicity to popularize our demands.  A report in this regard may also be sent to the CHQ. Make Indefinite Strike from 18-02-2014 a Thundering Success.

Also submit memorandum to public representative and request to intervene cause of GDS. CHQ requests all Circle and 

Divisional/Branch secretaries to start campaign from 01-02-2014 to 16-02-2014 to alert all our members.

With struggle greetings,

Thursday 6 February 2014

ONE MORE INDEFINITE STRIKE FOR SETTLEMENT OF THE JUSTIFIED DEMANDS OF GDS

Dear Comrades,

                    Tele phone Fax: 23697701
ALL INDIA GRAMIN DAK SEVAK UNION (AIGDSU)
(CHQ)
First Floor, Post Office Building, Padamnagar, Delhi 110007
………………………………………………………………………………………………..
No.GDS/CHQ/1/5/2014                             Dated 28-01-2014

All Circle / Divisional/ Branch Secretaries of All India Postal Extra Departmental Employees Union, All India Office Bearers…

ONE MORE INDEFINITE STRIKE FOR SETTLEMENT OF
THE JUSTIFIED DEMANDS OF GDS
PUT ALL EFFORTS TO MAKE INDEFINITE STRIKE A THUNDERING SUCCESS
STRIKE NOTICE SERVED ON 29-01-2014 BY AIPEDEU

Dear Comrades,

CHQ Congratulates all CHQ offices bearers, circle Secretaries, our members and well wishers of AIPEDEU for making HUNGER FAST an unprecedented success in all 22 circles from 20-1-2014 to 24-01-2014 At chief Post Master General office, Hyderabad General Secretary Com. S.S.Mahadevaiah attended the relay hunger fast on 24-01-2014.  Approximately 700 GDS Comrades had taken part/participated in relay hunger fast at Hyderabad. As we did not get any positive response from the department of posts during the programme of five days. The CHQ of AIPEDEU has consulted and consolidated the opinions of rank and file who have participated in hunger fast each day all our comrades advised and urged the CHQ to launch serious trade union action like indefinite strike against the adamant attitude of the department of posts and the union government.

CHQ also feels that any programme at this juncture for a TOKEN STRIKE of one or two days may not be ideal and it is the duty of CHQ to honor the opinions and suggestions of the rank and file as well as divisional and branch secretaries Com. S.S.Mahadevaiah General secretary AIPEDEU served Indefinite/Till settlement STRIKE notice from 18-02-2014 on 29.01.14 to the Department of posts. The CHQ requests all office bearers, Circle Secretaries, divisional and Branch secretaries and well wishes to put all efforts to make indefinite strike a thundering success.

CHQ also decided to hold “candle rally” at all divisional head quarters on 17-02-2014 between 6:00 and 7:00 P.M.

Indefinite strike notice and charter of demands are sent with this circular.

AIPEDEU Nomenclature changed as AIPEDEU
The Dept. of Posts issued orders vide letter No. 13-38/2000-SR dated 25th January, 2014 to change the Nomenclature of one union as All India Gramin Dak Sevak Union (AIGDSU).
All CHQ office bearers Circle Secretaries/Branch Secretaries are requested to notice this change. All the correspondent with the Dept. may be used under the new name AIGDSU. Letter heads and banners and all also prepare under AIGDSU.


CHQ Extends solidarity to the taken strike issued by confederation on 12-02-2014 and 13-02-2014.

It is the policy to AIPEDEU to support any struggles of workers in general and the GDS in particular.   Even though Federations and Confederation had not extended any solidarity to the struggles AIPEDEU in connection with indefinite strike in 2012 and Relay hunger fast from 21-01-2014 to 24-01-2014, AIPEDEU extends solidarity to the two days Token strike issued by confederation from 12-02-2014 and 13-02-2014 with true trade union spirit.

Make Indefinite Strike from 18-02-2014 a Thundering Success
CHQ requests all Circle and Divisional/Branch secretaries to campaign from 01-02-2014 to 16-02-2014 to alert our members. We also appeal all the part time, contingent, casual labours toparticipate in the indefinite strike massively and make indefinite strike a thundering success.

With struggle greetings,  Yours fraternally,
                                                                         
 (S.S. Mahadevaiah) 
 General Secretary