Tuesday, July 22, 2014

Modi Government rejects the Demand for regularization of Gramin Dak Sewaks - Government says they are nto Government employee.

ANSWERED ON 14.07.2014
Will the Minister of COMMUNICATIONS AND INFORMATION TECHNOLOGY be pleased to state:-

(c) the corrective steps taken/being taken by the Government in this regard?


(a) No, Madam, They are not eligible.

(b) Gramin Dak Sevaks are not regular govt. employees. They are part time workers and are governed by a separate set of Conduct and Engagement Rules. They do not form part of theregular civil service. They are engaged for only 3-5 hours daily work. It is mandatory for them to have an independent source of livelihood before being engaged as Gramin Dak Sewak. Hon’ble Supreme Court in the case of Union of India and Others vs. Kameshwar Prasad 1998 SCC (L&S) page 447 held that P&T Extra Departmental Agent (C&S) Rules, 1964 are a complete code governing service, conduct and disciplinary proceedings against Extra Departmental Agents [now called Gramin Dak Sevaks]. On discharge from service on attaining the age of 65 years or on death, Gramin Dak Sevaks [GDS] are paid Ex-Gratia Gratuity and Severance Amount as approved for them by the Cabinet.

The Ex-gratia Gratuity is paid at the rate of half months basic Time Related Continuity Allowance [TRCA] drawn immediately before discharge of service for each completed year of service subject to a maximum of Rs. 60000 or 16.5 months basic TRCA last drawn whichever is less. The minimum service prescribed for this is 10 yearsIn addition, Severance Amount is paid at the rate of Rs. 1500 for every completed year of service subject to a maximum of Rs. 60000. The Government has already introduced Service Discharge Benefit Scheme in lieu of severance amount scheme effective from 01.04.2011 for the benefit of Gramin Dak Sevaks on the basis of the New Pension Scheme (NPS), specifically NPS Lite Scheme launched by the Pension Fund Regulatory and Development Authority (PFRDA). Under this scheme, the Government as well as Gramin Dak Sevaks concerned now contributes @ Rs. 200/- per month.

(c) Does not arise in view of reply to (b) above
Posted by: AIPEU-GDS (NFPE) Odisha Circle.

Tuesday, July 8, 2014

national federation of postal employees
chQ: 1st Floor, North Avenue Post Office Building, New Delhi-110001
federation of national postal organisations
CHQ: T- 24, Atul Grove Road, New Delhi - 110001
No.PF/GENL/2014                                                              Dated - 02-07-2014
Ms. Kaveri Banerjee,
Department of Posts,
Dak Bhavan, New Delhi - 110001
Sub: -        Protest against arbitrary grant of Trade Union facilities to Bharathiya Postal Employees Federation (BPEF) and all its affiliated unions.
We are shocked to note that the Department has granted all Trade Union facilities to BPEF and all its affiliated unions vide your office order dated 24-06-2014.  We vehemently protest and condemn this illegal, arbitrary and discriminatory orders of the Department due to reasons stated below:
1.       In spite of the protest from recognised Postal Federations Department implemented CCS (RSA) Rules 1993 and as per the said Rules only the two Federations/Unions which secure 35% and 15% minimum membership alone will be granted recognition and trade union facilities.  Except one union, all other affiliates of BPEF secured only less than 5% membership in the last membership verification under Check-off system.  As such grant of Trade Union facilities to BPEF and all its affiliated Unions is contrary to the provisions of CCS (RSA) Rules 1993.
2.       All affiliated unions of NFPE/FNPO participated in the last membership verification held during the year 2010.  Some of the affiliates (including NUGDS of FNPO) of the above federations could not secure 15% minimum membership required for recognition.  Till this day, those unions are not granted trade union facilities.  Then how, all on a sudden, all the affiliates of BPEF with less than 5% membership is accorded trade union facilities?  This is nothing but naked discrimination.  Similarly the application for grant of Trade Union facilities to the newly formed GDS Union of NFPE is also long pending in the Directorate.
3.       During the last membership verification, BPEF has challenged the provisions of CCS (RSA) Rules 1993 and filed a case in the Chennai High Court praying for recognition to BPEF and all its affiliated unions.  Chennai High Court has rejected the arguments of BPEF and the case was dismissed.  Subsequently Department conducted membership verification and granted Recognition to NFPE and FNPO and also to its affiliated unions which secured minimum 35% / 15% membership.
This being the position, the present orders issued by the Department is against the spirit of all the existing rules on the subject and also highly discriminatory.  We request you to review the order forthwith and take action to withdraw the arbitrary orders and restore status-quo-ante.
Awaiting immediate action,
                                                         Yours faithfully,
D. Theagarajan,                                                                              M. Krishnan
Secretary General, FNPO.                                                                  Secretary General, NFPE
Email: theagarajannachi@hotmail.com                                            Email: mkrishnan6854@gmail.com
Mob: 09444841440                                                                            Mob: 09447068125