No.
NFPE/GENL/2013
Dated 07 -01-2013
To
Sri. Kapil Sibal,
Hon’ble Minister for
Communications & IT,
Government of India,
New Delhi - 110 001.
Respected Sir,
Sub: Submission of
memorandum - Request for grant of time for a meeting with Hon’ble
Minister (C).
This memorandum is submitted with the most fervent hope that
your goodself will be condescend to intercede on our behalf to settle the
following problems of the Postal and RMS employees including Gramin Dak Sevaks
(GDS).
1.
(a) Grant of Civil Servant status to
the Gramin Dak Sevaks and extending all
benefits of the departmental employees to GDS.
(b) Enhancement of
Bonus ceiling to 3,500/-, Revision of cash handling norms, Full protection of
monthly wages (TRCA), Introduction of Health Scheme, Removal of 50 points
condition for compassionate appointments, Filling up of GDS Mailman posts.
2.
Stop abolition of about 17093 posts
for the year 2005 to 2008 ordered as per Department of Posts OM
No.25-12/2008-PE-1 dated 19-11-2012 and restoration of all abolished posts.
3.
Revision of wages of Casual,
Part-time and contingent employees with effect from 01-01-2006.
4.
Remove the restriction of 5% imposed
on compassionate appointments and grant of compassionate appointments in all
eligible cases as being done in Railways.
5.
Cadre restructuring of Group-C,
Postmen, Mailguard and MTS employees of Department of Posts.
6.
Revision of Overtime Allowance
rates.
7.
Abnormal delay in grant of HSG-I promotion to eligible officials. An
explanatory note on each issues mentioned above is also enclosed herewith as
Annexure-I.
We most humbly request the Hon’ble Minister to be kind enough to
grant us time for a meeting to present our views on the above items before the
Hon’ble
Minister.
Awaiting favourable
response,
Yours
faithfully,
M. Krishnan,
Secretary
General, NFPE.
Annexure-I
EXPLANATORY NOTE ON ITEMS MENTIONED IN THE
MEMORANDUM.
I. (a) Grant of
Civil Servant Status to Gramin Dak Sevaks (GDS) and extension of all service
benefits of departmental employees to GDS:
Hon’ble Supreme Court of India, in its landmark judgement
(Rajamma’s case AIR 1977 - SC 1677) has declared that the Extra Departmental
Agents (ED Agents - now called as Gramin Dak Sevaks) employed by the Postal
Department, though they are not employed on whole-time basis, are holders of
civil posts. The Court further ordered that they cannot be termed as “agents”
because of their relationship with the Government which is that of master and
servant. But the Department of Posts still describes them as agents/sevaks and
is not ready to confer “departmental status” on them and to extend all the
benefits of the departmental employees to them. The observation made by the
Fourth Central Pay Commission headed by Hon’ble Justice Singhal on this issue,
is reproduced below, to expose the illegal stand taken by the Postal Department
to deny the departmental status to the Gramin Dak Sevaks (formerly ED Agents).
OBSERVATIONS MADE BY
FOURTH CENTRAL PAY COMMISSION:
“A letter was received from the Ministry of Communications
(P&T Board) for exclusion of Extra Departmental Agents, numbering about
three 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 Office 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 employees. The Third Pay
Commission accepted the view that 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
Supreme Court in Gokulananda’s case where it has been declared that an Extra
Departmental Agents 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
setting up of a
one-man committee to look into their conditions of service as was done by the
second and third Pay Commissions”. From the above observations, it is crystal
clear that the Fourth Pay Commission has concluded that the ED Agents are Civil
Servants even though they are kept outside the regular civil service.
OBSERVATIONS MADE BY
JUSTICE CHARANJITTALWARCOMMITTEE
In the year 1997, the one man committee appointed by the
Government, headed by Retired Justice Charanjit Talwar, to examine the wages
and service
conditions of the
Extra Departmental Agents, made the following recommendations in its report
submitted to the Government. 1. “Extra Departmental Agents have to be included
within the overall class of Civil Servants, being holders of civil posts. They
can be grouped as “Additional” to the departmental employees but they cannot be
classified as a class apart from the civil servants. At any rate they cannot be
classified with the sole object of not granting them benefits which accrue to a
departmental employee”.
2.
“The plea taken by the Department
before the Second and Third Pay Commission and also before various learned
Tribunals that ED Agents are a class apart is entirely misconceived. It is
violative of Article 14 and 16 of the Constitution”.
3.
“It is not the case of the
Department of Posts that in fact a contract of agency between the ED Agent and
the Government is executed. It is also not their case, as it cannot be because
of the Supreme Court Judgements, that the relationship between the Department
and the ED Agent is that of Principal and Agent...... The result of the above
discussion is that ED Agents have to be held to be Civil Servants not only for
the purpose of Article 311(2) but also as contemplated under Article 311(1).
Logically, therefore ED Agents come within the purview of Article 309 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 is a
symbol of continuous exploitation.
We request the Hon’ble Minister that the injustice done to the
Gramin Dak Sevaks (formerly called as ED Agents) all along may please be undone
by:
(i)
Declaring the Gramin Dak sevaks as
holders of Civil Servant Status and
(ii)
to extend them all the benefits of the departmental
employees, such as Pay (now granted only Allowance), Leave (now Earned Leave,
Casual Leave, Half Pay leave not granted) Pension, Statutory Gratuity,
Advances, Medical Claim, Time bound Promotions, LTC etc. etc.
1. (b)(i) Enhancement
of Bonus ceiling - In the matter of enhancement of Bonus Ceiling of Gramin
Dak Sevaks, it was assured by Postal Board that another attempt will be made to
send the case for approval of the Finance Ministry. It is learnt that Finance
Ministry has not approved the proposal, instead sent the file back directing
the Department of Posts to reexamine the issue by another committee. It is
further learnt that even if the Department submits another proposal after
revised study by a Committee, it will be considered for the Financial Year 2013
- 2014 only (ie. next financial year). Hon’ble Minister’s intervention is
requested to get justice to the Gramin Dak Sevaks in the Bonus issue.
(ii) Revision of
Cash handling norms - On the issue of withdrawl of upward change in cash handling
norms, it was assured by the Postal Board that the issue will be re-examined.
Minister of Communications for State has also assured the staff side that
needful will be done in this case. A committee under the Chairmanship of DDG
(Estt.) was also constituted to re-examine the issues arising out of
enhancement of cash handling norms. It is requested that the cash handling
norms may be reduced to Rs.4,000/- per point instead of Rs.20,000/- per point.
(iii) Ensuring no
reduction of wages (TRCA) under any circumstances - It was assured by
Minister of Communications for State that positive orders will be issued
for full protection of wages (TRCA) of Gramin Dak Sevaks. A committee
under the Chairmanship of DDG (Estt) was also constituted to examine the
issue. Unfortunately the orders issued by the Department gives
protection of TRCA only for one year. Our request is that the
existing wages (TRCA) of Gramin Dak Sevaks shall not be reduced under
any circumstances. As per the existing orders whenever workload comes down the
wages (TRCA) will be protected only for one year and after that existing wages
will be reduced.
(iv) Introduction of
Health Scheme
It was assured by the Postal Board that the demand for introduction
of Health scheme for Gramin Dak Sevaks is accepted by Government in principle.
But till this date, the scheme is not implemented. As a result Gramin Dak
Sevaks are denied the benefit of Medical reimbursement.
(v) Removal of minimum
50 points condition for compassionate appointment.
(vi) Filling up
of all vacant posts of GDS Mailman posts in RMS.
3. Stop abolition
of about 17093 posts for the year 2005 to 2008 and restore all the posts
abolished:
Department of Posts has recently issued an order
No.25-12/2008-PE-1 dated 19-11-2012 abolishing about 17093 posts in different
cadres for the year 2005 to 2008. Earlier the Department has assured that
efforts will be made to get the approval of the Finance Ministry for filling up
these posts, by exempting the Department of posts from the purview of
Government orders on the subject. Unlike other department, Department of Posts
is an operative department having day-to-day dealings with the general public
(customers) through counter services and also through delivery staff. Arbitrary
abolition of large scale operative posts will badly effect the day-to-day
functioning of the Post offices and will badly tell upon the efficiency of the
Postal Services. In most of the offices workload has increased manifold.
Department has earlier abolished about 20000 posts for the year from 2001 to
2005. Again 17093 posts are being abolished for the year 2005-2008. We request
the Hon’ble Minister to stop abolition of 17093 posts now ordered for abolition
and also restore the posts already abolished.
3. Revision of
wages of casual, part-time and contingent employees.
Hon’ble Supreme Court has already ordered regulating the wages
of the casual workers at the rate of 1/30th of the pay at the minimum of the
relevant pay scale plus dearness allowance for the work of eight hours per day.
Accordingly after implementation of the 5th CPC recommendations, the Department
of Posts has issued orders for payment of pro-rata wages to casual, part-time,
contingent employees with effect from 01-01-1996, duly approved by the
Department of Personnel & Training vide Order No.1-3/97-PAP dated
03-11-1998. But similar orders are not issued after the implementation of sixth
CPC recommendations. The sixth CPC recommendations are implemented with effect
from 01-01-2006 and orders were issued in the year 2008. Now four years are
over, but still the wages of the casual labourers are not revised at par with
sixth CPC pay scales. We request the Hon’ble Minister to issue necessary
directions to the Secretary, Department of Posts, in this regard.
4. Remove the
restriction of 5% condition imposed on compassionate appointments:
On the plea of Supreme Court directive, the Government
introduced a 5% ceiling on the compassionate appointments. When the matter was
taken up by the staff side in the National Council JCM the Government was
unable to produce any such directive from the Supreme Court. Despite that the
official side refused to withdraw the said instructions limiting the
compassionate appointments to 5% of the available vacancies. It is pertinent to
mention in this connection that the compassionate appointments in the Railways
which is also a Central Government Department continue to be operated without
any such 5% restrictions. The standing committee on with effect from Department
of Personnel in one of their report has termed the scheme of compassionate
appointment as a sacred assurance to a fresh entrant that if he dies in harness
his family shall not be left in lurch. Such an assurance is being breached by
the provisions of limiting such appointments to 5% of Direct Recruitment
vacancies. It has to be done away with. We therefore urge the Hon’ble Minister
that direction may be issued to do away with this stipulation and compassionate
appointments be given to all deserving candidates.
5. Cadre
Restructuring of Group-C, Postmen, Mailguard and MTS in
various arms of
Department of Posts:
After marathon discussions on all the problems put forth by the
staff side in a strike charter of demands, the Secretary, Department of Posts
in the written minutes of the discussion held on 10-1-2012 & 12-1-2012
interalia stated as follows:
“As recorded in the minutes of the meeting held on
27-12-2011, the proposal is under consideration of a committee under the
chairpersonship of DDG(P). The staff side expressed their concern about undue
delay in finalisation of the proposal on which the Chairperson desired
finalisation of this process by 31st March 2012. It was assured that the
timelines would be adhered to”. Again in minutes of the discussions held by the
staff side on 21-05-2012, Secretary, Posts further assured as follows”
“It was decided to formulate a proposal by 30th June 2012 for further
examination in consultation with the nodal ministries.” In spite of the above
mentioned repeated assurances the cadre restructuring proposal is not yet
finalised. The undue and unwarranted delay is causing a concern and strong
resentment among the employees. We request the Hon’ble Minister to take action
for speedy finalisation of the cadre restructuring proposal.
6. Revision of
overtime allowance (OTA) rates
Overtime allowance is granted when employees are ordered to do
work
beyond their duty hours
with certain stipulated conditions. The overtime allowance is last revised in
the year 1987. Thereafter no revision took place. The Board of Arbitration
appointed under the JCM scheme having found the unreasonable position taken by
the Government gave out the award in favour of the employees and directed the
Government to revise the OTA whereby OTA will be linked to the actual pay of
the Government employees. The Government has not implemented this award till
date. We request the Hon’ble Minister take necessary action to get the OTA
rates revised.
7. Abnormal delay
in grant of HSG-I promotions to eligible officials
HSG-I promotion is not being granted to eligible officials for
the last four
years. The reason
stated by the Department of Posts is that the new HSGI Recruitment rules are
under issue and hence the holding of DPC for HSG-I promotions are kept in
abeyance. This reply is being repeated for the last three years. Our request to
grant HSG-I promotions as per the existing Recruitment rules and fil up all the
vacancies has not yet been considered favourably. The revised recruitment rules
can be applied prospectively from the date of issue of the Revised Recruitment
Rules (RRR) and the existing vacancies can be filled up by holding DPC as per
the existing Recruitment rules. We request the Hon’ble Minister to issue
necessary directions to the Department of Posts in this regard, as many senior
officials are retiring every month without getting their due promotions and
consequent increase in pension, for no fault of them.
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