Dear Comrades,
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.
