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 Secretary, Department of Posts 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 the regularization of many GDS who are actually working
for more than six hours but not availed the benefits of departmentalization.
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
