Dear Comrades,
A
MEMORANDUM
TO
Shri Tilak
Dey
HON’BLE
CHIEF
POSTMASTER GENERAL
ODISHA
CIRCLE
SUBMITTED
BY
ALL INDIA POSTAL EXTRA
DEPARTMENTAL EMPLOYEES UNION
ODISHA CIRCLE
BRANCH, BALASORE
ALL INDIA POSTAL
EXTRA DEPARTMENTAL EMPLOYEES UNION
ODISHA
CIRCLE BRANCH, BALASORE
President: P R
Dash Circle
Secretary: Debasis Dey
Letter No.AIPEDEU/1-1/2014 Dated: 22.01.2014
MEMORANDUM
To
The Chief Postmaster General,
Odisha Circle, Bhubaneswar.
Sub: Holding of Relay hunger fast before Circle offices from 20-01-2014 to
24-01-
2014 for settlement of the justified demands of Gramin Dak Sevaks.
Sir,
This is in reference with CHQ Letter No.GDS/CHQ/52/1/2013 dated 20.1.2014
regarding our programme of relay hunger strike from 20-01-2014 to 24-01-2014.
Most respectfully we request the Department of Posts to consider the following
demands positively.
1) Departmentalisation of BOs.
It is pertinent to mention that
there are more than 25% of the existing BOs having the workload for more than
six hours at present. In accordance with Marathe time test under para 93(iv)
and para 114(i) if a single handed post office is having 11 hours workload, the
second PA an be augmented. On the similar analogy such BOs having more than six
hours work load can be straightaway departmentalized.
If time factors for all the work performed by the GDS is formulated, certainly
it will pave way for the departmentalization of BOs. We don’t want any
incentives or perks.
On computerization of BOs, there is every possibility of introducing all kinds
of works under the business activities of the postal department or tie up with
Governmental organizations.
The work like pension payments, direct booking of money orders, SB operations
with maintenance of independent ledgers may be assigned to the departmentalized
Branch Post Offices so that the Postmasters will be entrusted more work.
If post offices are kept open for more hours and introduces with more new items
of work, there is every possibility of increasing the work load.
Then there is no question arising about
devoid of merit and lacks justification.
2) 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.
3) 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. Hence you are
requested to consider this demand positively.
4) 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.
5) With the hope of departmentalization at one day, GDS are prolonging their
life with more expectation of their future.
It 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.
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 to honour the decision of GDS National Convention and it is our duty to
bring the GDS problems to the notice of Department of Posts. We have done our
job. We are agree with the opinion of the department of settle the demand
through dialogue.
Most respectfully we request the Department of Posts to settle the demands
positively. We are ready to negotiate point wise. We are sending herewith our
views on demands. We hope that the department responds positively. Otherwise,
we are compelled to initiate trade union action in continuation of hunger fast
programme.
With regards,
Yours
faithfully,
(Debasis Dey)
Circle
Secretary, Odisha Circle
AIPEDEU
