Dear Comrades,
Strike continues all over in Koraput Division by the GDS comrades.
ALL INDIA GRAMIN DAK SEVAKS UNION, ODISHA CIRCLE
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:-
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.
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,
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
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
Gramin Dak Sevaks are not Central Government employees and this issue is within the domain of DoPT and Ministry of Finance- Govt
Dear Comrades,
GOVERNMENT OF INDIA
(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?
THE MINISTER OF STATE IN THE MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (DR. (SMT.) KILLI KRUPARANI)
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 Sevaks1784 . 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 AnnexureCHQ Writes : Work Hard For The Success Of Indefinite Strike
Dear comrades,
With struggle greetings,
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.
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,
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