MEMORANDUM
SUBMITTED TO SHRI KAPIL SIBAL, HON`BLE MINISTER OF COMMUNICATIONS &IT BY
NFPE ON 08 th JANUARY, 2013
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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