NFPE & AIPEU GDS (NFPE) JOINTLY SUBMITTED A DETAILED MEMORANDUM ON GDS ISSUES
TO
Shri NARENDRA MODI JI, THE HON'BLE PRIME MINISTER OF INDIA,
Shri RAVI SHANKAR PRASAD, HON'BLE MINISTER FOR COMMUNICATIONS & IT
Ms. KAVERY BANERJEE, SECRETARY, DEPARTMENT OF POSTS
ON 02-06-2014
Sub: - Submission of Memorandum – request benign consideration.
At
the outset, we whole heartily record our wishes and appreciations for
assuming the charge as the Hon'ble Prime Minister of India and seeking
your mercy in mitigating the hardship of the poorly paid GDS employees.
With due respect and regards, NFPE & AIPEU-GDS (NFPE) are submitting
the following issues for your kind and sympathetic consideration and
favourable decision in resolving the genuine demands of the 2.73 lakhs
downtrodden and poor GDS employees working in the Department of Posts.
1. DEPARTMENTALISATION OF RURAL POST OFFICES AND ALSO GDS
The
Supreme Court in its judgement delivered on 22.07.1977 held that the ED
employee now called as Gramin Dak Sewaks is not an agent, not a casual
labourer, and not a part time worker but he is the holder of civil post
outside the regular civil service and therefore declared that Article
311(2) of the constitution of India is attracted. Except conduct and
service and application of disciplinary provisions, no other benefits
available to the Departmental employees are extended to the GDS
employees. The question of departmentalisation of GDS remains pending
for long and is being denied continuously on one pretext or the other.
In
the present set up of the socio - economic structure of rural areas,
the daily wages for an agricultural labourer has been fixed much above
the daily rate of a GDS. Resultantly, the GDS employees are not able to
meet the family expenses and have one square meal a day.
The
declaration of Justice Talwar Committee that “95.70% joined the Postal
Department as ED agents hoping to get full time absorption and only
4.08% took it as a side occupation” is the real fact still prevailing
and they are solely depending upon their wages for their livelihood”. In
rural areas, still many of them are underpaid and lesser in the
standard of living while comparing the MNREGS beneficiaries.
Specific
Recruitment, Disciplinary and Appeal Rules for the ED agents were
framed by the Director General P&T Department in the year 1935 and
by the year 1947, as has been noticed by the First Central Pay
Commission, the ED agents were subjected to Government Conduct Rules and
Postal Regulations. Thus their status was recognised as Government
Servants and eventually, in the year 1959, as civil servants by
promulgation of the statutory rules under the proviso to Article 309.
Therefore, this is an unfair labour practice and subtle violation of the
judgement of the Supreme Court of 1977 in non-grant of civil status to
GDS. It is violating of Article 14 and 16 of the Constitution."The
repeated attempt to read Article 311 (2) in isolation is entirely
misconceived and untenable. ED Agents who are being treated as 'outside
the regular service and not to be considered as civil servants excepting
for the purpose of disciplinary inquiry is unfortunate and symbol of
continuous exploitation despite the liberation ensured in the Apex
Court. The present system of class within the class among the Civil
servants shall be dispensed with.
Notwithstanding
our genuine claim to declare the GDS as holders of civil posts and
dispense the class within the class which is in violation of Article 14
& 16 of the Union Constitution, we wish to put forth the
feasibilities of such departmentalisation of GDS and improve the
services with the existing infrastructure in an effective manner.
With
the hope of departmentalization at one day, the GDS are prolonging
their life with more expectation of their future. Their hopes can be
considered by introducing various new services in the rural areas with
the cooperation's of the Human resource ministry and by introducing
various social and developmental activities.
The
Post office alone has such a vast network and infrastructure and it can
be fully utilized by providing various new services to rural public
through post offices by its own saving bank scheme to distribute the
Govt welfare measures as if we are doing under the MGNREG Scheme.
We
may attempt with the following works to provide more services to public
as well as in paving way for the justification to departmentalise all
the existing BOs.
1.
The work likes pension payment, sale of certificates, direct
booking of money orders, SB operations with maintenance of independent
ledgers may be assigned to the departmentalized branch office so that
the existing branch postmasters will be entrusted with more work.
2.
If the proposal of full computerization of BOs is materialised in the
ensuing year as proposed, there is every possibility of introducing all
kinds of bill services and commercial activities in the rural areas like
acceptance of Electricity bills, land revenue, panchayat taxes etc
under the business activities of the Postal department or tie up with
such governmental organizations.
3.
Large scale expansion of telecom can be explored through the branch
offices and acceptance of all telephone bills, mobile bills may be
entrusted. The Department of Posts may also consider in taking licences
for running telecom services in rural areas with subsidised rates to
cater the requirement of rural public as if in vogue in many foreign
countries.
4.
Since all the BOs are proposed to be provided with hand held computers
and decided to introduce various new financial services, it is possible
to maintain the following works also in the BOs very efficiently with
the manpower available in abundance which is underutilized at present.
a) Collection, maintenance and modifications of any of the work related to Census in rural areas.
b)
Maintenance, Verification and preservation of records
pertaining to the Citizens identity card issued by the Govt of India
directly by the Dept of post.
c)
Extension of MGNREGS work through post offices by providing
work norms for the work instead of incentive as at present extended.
d)
Enhance the working hours for eight hours and introduce various
new works at village level with the cooperation of other Govt and
public sector organizations.
e)
Ensuring all various new schemes introduced by the Govt as its
policies will be reached to the village level through our network and
infrastructure spread over the nation.
5.
It is pertinent to mention that there are more than 20% of the
existing BOs having the work load for more than six hours. 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 can be
augmented. On the similar analogy such BOs having more than six hours
workload can be straight away departmentalized. The recommendations of
the Justice Talwar Committee to freeze the GDS system in order to
departmentalize all the existing GDS should be given a due
consideration.
6.
In order to departmentalize the GDS, the department should
consider for fixing the norms for the following works immediately.
1. Work related to MNREGS payment.
2. Work related to verification of Electoral roll & Election work.
3. Work related to collecting statistics for Census etc.
4. Work related to verification of mobile phone connections of BSNL & others.
5. Work related to acceptance of Electricity bills, water bills & telephone bills.
6. Work related to business activities, social security schemes introduced in various circles.
If time factors for all the work performed by the GDS is formulated, certainly it will pave way for full time 8 hours duty for GDS.
If
all the GDS are departmentalized by scrapping the existing GDS system
with eight hours work and each official is assigned with various new
works to improve the functioning of rural post offices in order to make
it more remunerative will overcome the financial problem. This vast
infrastructure will really be an invaluable asset to the department in
this era of e-commerce and e-governance and not at all a liability. If
post offices are kept open for more hours by introducing more new items
of work, there is every possibility of increasing the workload.
It
is humbly requested to kindly consider the above and cause action to
departmentalise the rural post offices and improve the rural postal
network.
2. CONSIDERATION OF GDS ISSUES BY THE SEVENTH CPC
The observation of the Fourth Central Pay Commission on this issue is furnished inter alia:
"A
letter was received from the Ministry of Communications (P&T Board)
for exclusion of the extra departmental employees, numbering about 3
lakhs, from the purview of our inquiry. It was stated that the system of
extra departmental agents was peculiar to the P&T organisation and
was designed to extend postal facilities in rural and backward areas
where opening of regular departmental post offices was not justified due
to inadequate workload. The remuneration and the conditions of service
of Extra Departmental Agents were also different from those of regular
Government employees. The Third Pay Commission accepted the view that
the extra departmental agents were not holders of civil posts and
decided to exclude them from its purview.
The
matter is, however, beyond controversy after the decision of the
Supreme Court in Gokulananda Das's case where it has been declared that
an Extra Departmental Agent is not a casual worker but 'holds a post
under the administrative control of the state' and that while such a
post is outside the regular civil services, there is no doubt that it is
a post under the 'state'. In view of this pronouncement, we were unable
to accept the contention that extra departmental employees were outside
the purview of the terms of our commission. They, no doubt, have their
own peculiar conditions of service and, in that sense, their case is
somewhat special. We, therefore, could not exclude them from our
consideration, but we accepted the Government's suggestion for the
setting up of a one - man committee to look to their conditions of
service as was done by the Second and Third pay commissions."
From
the above observation, it is crystal clear that the Fourth Pay
Commission was in the conclusion that the ED Agents are civil servants
even though they are kept outside the regular civil service and
therefore their cases are included within the purview of the pay
commissions. In fact, all the earlier committees headed by the officers
did no justice to this category and the report of the Justice Talwar on
GDS had gone to dust bin by rejecting almost all the recommendations. We
have explained in details that they should be treated as holders of
civil posts for all purposes and their service condition, pay and other
issues should be considered only by the Pay Commission. Justice Talwar
has observed in his report that in future, there is no need for separate
committee to address the problems of GDS and it will be remitted
directly to the Pay Commissions. The Dept of Posts also sought
clarifications from the nodal ministries whether their case can be
remitted to the proposed Seventh Pay Commission vide its letter dated
17.2.2014 and therefore we request that the issues of the GDS may please
be remitted to the seventh pay commission for consideration.
3. WITHDRAW THE NEW GDS (CONDUCT & ENGAGEMENT) RULES, 2011 AND BRING THEM UNDER THE CCS (CCA) RULES 1965.
The
P&T ED Agents (Conduct & Service) Rules 1959 were framed
treating the ED agents as holders of civil posts within the ambit of
Article 309 and 311 of the Union Constitution on the advice of the Law
Ministry itself. But after the 2nd Central Pay Commission,
the Extra Departmental Agents (now called Gramin Dak Sevaks) were
separated from the regular Central Govt. employees and treated as a
distinct category by framing separate set of rules called “Postal Extra
Departmental Agents (Conduct & Service) Rules, 1964” which are not
statutory.
The
Supreme Court in its remarkable Judgement in 1977 in the case of P.K.
Rajamma held that the EDAs (GDS) are holders of civil post and comes
under the provisions of the Article 311 of the Union Constitution.
Despite the fact, the Department of Posts modified the EDA (Conduct
& Service) Rules, 1964 into Gramin Dak Sevak (Conduct &
Employment) Rules, 2001 which is also a non-statutory Rules. After the
Nataraja Murthy Committee, the said non-statutory rules were again
amended and modified as Gramin Dak Sevak (Conduct & Engagement)
Rules, 2011. All these rules are non-statutory ones. The following two
provisions will exhibit the cruelty of the revised Rules 2011.
i. The
Rule 3 of GDS (Conduct & Engagement) Rules 2011 affirms that the
GDS employees shall be outside the civil service of the Union and a
sevak shall not claim to be par with the Government Servant (this should
be deleted and the facilities should be extended to the GDS officials
as applied to the whole time Govt Servant.)
ii. The
Rule 9 does not classify the penalties into minor and major penalty.
There is no provision of withholding of increment for specific years and
a reduction in TRCA. (In the absence of such provisions, even for minor
charges, the GDS employees are awarded with a major penalty of removal,
dismissal etc.)
Therefore,
it is requested to withdraw the non-statutory rules and apply the
Central Civil Service (Classification, Control & Application) [CCS
(CCA)] Rules 1965 to the Gramin Dak Sevaks as they are declared as the
holders of the civil post by the Apex Court in 1977 itself.
4.
ENSURE MINIMUM STATUTORY MONTHLY PENSION OF RS.3500/- TO GDS AND
GRANT ALL OTHER RETIREMENT BENEFITS LIKE GRATUITY ETC., BASED ON THE
FORMULA APPLICABLE TO DEPARTMENTAL EMPLOYEES AND UNDER GRATUITY ACT,
1972 BESIDES FAMILY PENSION FACILITY TO GDS.
It
is long a pending demand for Gramin Dak Sevaks who expected to get some
social security for their old age life, retiring at the age of 65,
after serving the department for decades with meagre allowances. The
Supreme Court held that they are holders of Civil Posts. Their
relationship is Master and Servant. As such, they are entitled for
pension and other retirement benefits. Justice Talwar also observed that
the ED Agents deserve grant of pension not only because of the social
obligation of the State but also due to Rule 2 of the Pension Rules
which is applicable in their cases also. Justice Talwar categorically
emphasised that they are entitled and eligible for pension and other
retirement benefits at par with departmental employees. This was not
accepted.
Though
a scheme introduced later after the Natarajamurthy Committee
recommendation for GDS called ‘Service Discharge Benefit Scheme’, no
minimum guarantee has been provided to get certain amounts in a
benefitable way besides the amount earned from GDS remained with others
without any obligation from the Dept. or Govt. A minimum guaranty amount
in the name of pension should be ensured and it also should be extended
to the eligible bereaved family member as a family pension.
Similarly,
under the provisions of Gratuity Act, 1972 GDS should get the benefits
of Statutory Gratuity and the existing one is against to the provisions
of the Gratuity Act 1972. The Hon’ble Supreme Court also held and
declared that full benefit of Gratuity would be given to GDS under the
State’s Act.
It
is therefore requested that they should be brought under the Pension
scheme at par with regular departmental official and also covered under
the Gratuity Act 1972.
5. REDUCE CASH HANDLING NORMS FROM RS.20,000 TO RS.4,000 AND ALSO STAMP SALE NORMS.
The
Natarajamurthy Committee has drastically reduced the work norms around
twenty times which determines the Time Related Continuity Allowance
(TRCA) of GDS and in particular, the norms for cash handling has been
revised twenty times higher than the existing which reflected reduction
of wages to the maximum Branch Postmasters and brought them to minimum
TRCA. The Committee appointed under the Chairmanship of Sri P. Gopinath
to review the retrograde recommendations of Natarajamurthy Committee by
the Secretary, Department of Posts before their implementation had
recommended that atleast the cash handling norms should be Rs.10000/-
instead of the proposed Rs.20000/-. Whereas, it has not been considered
by the Cabinet stating that the second committee appointed by the
Department is not the statutory committee and not considered any of its
recommendations on this subject. This gives a big blow and kicking below
the belt of the GDS and on the nature of working conditions of the BO.
The reason behind imposing such a norm is far away from the practical
observations prevailing in the work spot of the department.
The
same was discussed once again by the Special committee appointed for
the same purpose under the Chairmanship of Sri V. P. Singh and the
Committee through its report submitted on 27.4.2012 recommended to
reduce the cash handling amount from Rs.20000 to Rs. 10000/- for getting
one point. The Internal Finance Wing has raised queries and not allowed
to implement the decisions of the two Committee’s recommendations as
well as the assurance of the Secretary, Department of Posts in various
occasions to Unions in writing. The genuine problem is being protracted,
prolonged and snatched away the salary of the poor GDS who faced
reduction of monthly wages heavily.
At
present, the 50 points for fixation of TRCA to GDS BPM could be earned
only after making transactions to the tune of Rs.10,00,000/- per month
in rural offices under the small savings schemes viz., Post Office
Recurring Deposit (PORD), Post Office Time Deposit (POTD), Post Office
Savings Bank (POSB) and Rural Postal Life Insurance (RPLI). On an
average a BO works for 25 days in a month, the BPM has to handle cash
Rs.40,000/- per day by working in a BO for 3 hours which is practically
not feasible and unimaginable to do the transactions in rural areas
apart from handling cash to such extent.
Similarly
it is not at all possible to sell the stamps in a BO to the extent of
Rs. 900/- to earn one point for the BPM. The norms revised can be
applied to bigger head post offices not to the rural branch post
offices. This has resulted in erosion of wages to the BPMs. Further it
resulted in abolition of many GDS stamp vendors posts.
The Department has agreed to provide norms for cash remittance from
branch office to account office vice versa in January 2012 itself
whereas no action has so far been taken to provide points to the BPM for
fixation of TRCA.
Apart from the above, the following irregularities and injustice prevailing in determination of norms may be sorted out
1.
In case of item of work (i) – the assessment of points on handling of
unregistered letter 3 days test figures to be taken during the middle
of the month. This will not suffice to fulfill the norms as there are
vast changes are taking place in transmission of mail etc. and suggested
that at least 15 days average figures may be taken into consideration
and the staff check may be for 5 days.
2.
Savings Bank transactions – There is no norms fixed on the work related
to Indiramma Housing Scheme accounts, BPL accounts etc.
3. There is no specific mention about the periodicity for revision of allowances to BPMs based on new norms.
4. Assessment
of work load on the average of four quarterly month is unjustified as
there is vast diversity of nature of work in BO depending upon various
conditions prevailing in villages, the necessity for availing leave by
BPMs etc. caused fluctuations in points arrived that too last year of
the periodicity leads discontinuance of regular work in BOs and
suggested to take an average of 12 months during the periodicity for
revision.
It is therefore requested to review the revised norms scientifically and protect the GDS for the unwarranted wage cut.
6. ENSURE FULL PROTECTION OF TRCA WHEN THERE IS FALL IN THE WORK LOAD. TRCA SHOULD NOT BE REDUCED UNDER ANY CIRCUMSTANCES.
The
provision of protection of allowances (TRCA) to GDS was introduced in
1970s and there are clear cut instructions that under any circumstances,
the wages of the GDS should not be reduced. As the policy decision that
the salary drawn by a Govt official should not be reduced under any
circumstances, the provision was made as a security to this poor GDS.
Recently, after the drastic and unrealistic cut in the norms, many GDS
have lost their pay to the extent of Rs.1500 to Rs.1800 per month and
they have lost more than 25% of their monthly income. When the issue was
discussed with Hon’ble Minister of State for Communications & IT on
17.1.2012, the Hon’ble MoSC assured that there will be no reduction in
the wages of the GDS. Whereas, in the orders released by the department,
the protection of wages was extended only to one year. In no
department, such wage reduction is taking place.
It
is therefore requested to consider and rescind the orders of the
department providing protection for one year thereby confirming the
provisions prevailing in more than three decades that under no
circumstances, the wages should be reduced to these GDS in the
Department of Posts.
7. REMOVE THE OUTSIDE RECRUITMENT QUOTA FOR POSTMAN & MTS RECRUITMENT AND 100% POSTMAN & MTS VACANCIES BE GIVEN TO GDS.
The
Revised Recruitment Rules, 2012 curtailed the opportunity of the
seniority-cum-selection from the GDS to Postman and vacant unfilled
posts after the selection through departmental examination from GDS
& MTS would be thrown to open market which is unjust and against the
stand adhered over five decades. Similarly, the vacant unfilled posts
of MTS (25%) offered to open market is also much discouraging for the
senior GDS officials for their selection under seniority-cum-selection
provision. The provision of 50% seniority cum selection has been totally
snatched away. The promotions to MTS and Postmen from the GDS cadre are
treated as direct recruitment only. As such there is no need to remit
the unfilled up vacancies again to open market. The 50 years old age
practice has been modified resulting in the freezing of fair chances to
the three lakh GDS who are waiting for the regular absorption in the
departmental posts like postmen and MTS.
As
the GDSs are rendering their unblemished and efficient services for the
department with meagre allowances for decades, the little opportunity
of selection ensured earlier to enter departmental cadre shall be
protected.
8. REMOVE
THE 50 POINTS CONDITION AND PROVIDE COMPASSIONATE APPOINTMENT TO ALL
ELIGIBLE DEPENDENTS IN THE FAMILIES OF DECEASED GDSs.
The present parameters laid down for the selection of eligible
candidates from the bereaved families of deceased GDSs for compassionate
appointment in GDS posts is totally unjustified. The selection of an
eligible and qualified person from a bereaved family is nothing but to
ensure and protect the family of the deceased GDS and that should not be
restricted in the name of merit points etc.
In many cases, the conditions could not fulfilled up to 50 points due
to village conditions, education etc. Resultantly, the compassionate
appointments are summarily rejected and the family of the deceased GDS
are in lurch and left with the same indigent conditions.
It is therefore requested to kindly consider the same and remove the
minimum 50 point condition and provide opportunities to the bereaved
family members of the GDS.
9. REVIEW OF CASH CONVEYANCE ALLOWANCE
After
introduction of various schemes in the BOs viz., MNREGS, Indiramma
Housing Scheme, Social Security Payments, POSB, RPLI payments, Bill
Collections etc., the quantum of monetary transactions and remittances
have been increased manifold and the conveyance of cash from AO to BO
vice versa is almost order of the day. The recommendations of the
Natarajamurthy Committee to grant Rs.50 as allowance for cash remittance
to meet the expenditure on each occasion has been wrongly briefed to
the Cabinet as Rs.50 per month and it has been approved as Rs.50 per
month only which is not at all sufficient to meet the conveyance with
heavy risk factors carrying lakhs of rupees for MGNREGS payment etc by
the GDS officials. It is necessary to revise the instructions
accordingly as per the recommendations of the Committee to meet the
expenses of GDS working in BOs in such occasions carrying heavy cash in
risk.
10. PAYMENT OF RENT FOR BO BY THE DEPARTMENT OR REQUEST TO ENHANCE THE GRANT OF OMA @ RS.500/- PER MONTH
According
to the rules, the Branch Office should be maintained in the premises or
the house secured by the BPM. In fact in many cases, the selection of a
BPM is from a distant place and the incumbent has to secure house in
that BO village by paying rent to the building for such post offices.
The demand of rent is more in villages near by the towns and caused the
BPM hard to afford house rent hugely from their pocket. The present
sanction of Office Maintenance Allowance could not meet the very purpose
of running a BO in the premises of the house of the BPM and the OMA
needs to be revised at least to Rs.500/- per month till such expenditure
borne by the department.
11. WELFARE MEASURES TO THE GDS
Notwithstanding
our request for departmentalisation of GDS, the following sensitive and
serious issues pertaining to GDS are being protracted and not
considered for years together.
i. Grant
of all kinds of leave including casual leave, earned leave, commuted
leave and special casual leave as in the case of departmental employees.
ii. The women GDS are being granted only three months wages from welfare fund in lieu of
maternity leave (not maternity leave) whereas other departmental women
employees are entitled for six months maternity leave and two years
child care leave. The leave salary shall be paid from the salary head
and not from the welfare fund collected from the GDS.
iii. The
restriction on transfers by mentioning specific cases of GDS and
reduction in the TRCA in case of transfer have not been relaxed.
iv. The
request of three time bound promotions or financial upgradation granted
departmental employees may be extended to all the GDS on completion of
10, 20 and 30 years of service in GDS cadre, has not been entertained by
the department. Some career progression should be introduced to
motivate the GDS.
v. Unscientific
combination of duties resorting in BPMs and other cadres causes
reduction of business and also it is the exploitation. The combination
of duties should be thwarted.
vi. At
present, there is no incentive increment for small family norms or
there is no provision of educational assistance like CEA. No welfare
provision is available. Even, no medical facilities have been provided
yet. The medical insurance scheme as recommended by the Committee has
not yet been finalized. At present they are not having any reimbursement
of medical expenditure. It should be provided.
vii. There
is no Leave Travel facilities provided to GDS. Similarly, they have not
been granted with any advance except bicycle advance.
viii. There
is abnormal delay in sanction of RPLI incentives to the GDS and in many
circles the bills are pending over two years. This will demotivate the
officials in securing more business to the department. The prompt
payment of incentive every month shall be ensured.
In
short, the GDS system is still remaining as an anachronism and it
should be revamped by making all the GDS as full time employees by
entrusting more work, utilizing them optimum for the postal service
which will improve our service as well as enthusiasm to the GDS further .
We
fervently request you Sir, to kindly bestow your personal attention and
mitigate the grievances of the three lakh workforce in the Department
of Posts who are praying mercy and fair play before you with their
folded hands over three decades.
With profound regards,
Yours faithfully,
(M. Krishnan) (P. Panduranga Rao)
Secretary General General Secretary
NFPE AIPEU-GDS (NFPE)
09447068125 09849466595
09447068125 09849466595
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