Dear Comrades,
EDITORIAL POSTAL CRUSADER NOVEMBER 2013
VIITH CPC AND GRAMIN DAK SEVAKS
The
intensive and continuous nationwide campaign conducted by Confederation of
Central Govt. Employees & Workers, the unparalled mobilization of workers
in agitational programmes culminating in massive Parliament March and one day
strike on 12th December, 2012 , subsequent declaration of strike
ballot for indefinite strike has compelled the Central Govt. to announce the
constitution of 7th Central Pay Commission, ahead of the Assembly
and Parliament election. NFPE being the major affiliate of Confederation has
played a leading role in all these agitational programmes and hence we can
proudly say that Seventh Pay Commission is an outcome of our struggle. Thus the
first phase of agitation comes to a successful end.
Now the most
important part remains. Govt. has announced the Pay Commission but has not
disclosed its mind on other related issues such as date of effect, merger of DA
with pay, inclusion of Gramin Dak Sevaks, Interim relief, pensionary benefits
to those recruited on or after 1.1.2004 etc. Secretary, Department of Personnel
and Training (DOP&T) has called the JCM staff side for a discussion on the
terms of reference of the 7th CPC on 25th October , 2013 and heard the view points of
the staff side. The leaders of various organizations of the JCM staff side met
on 26 October, 2013 and formulated a consensus proposal regarding the terms of
reference of the 7th CPC. In the case of date of effect, even though
the stand taken by confederation is 1.1.2011, taking into consideration the
view points of other organizations a compromise formula of 1.1.2014 as date of
effect is arrived at i.e. from the 1st January after the
announcement of 7th CPC by the Government. Regarding DA merger,
interim relief, pensionary benefits to those entered in service on or after
1.1.2004 etc also an agreed formula has
been worked out.
Regarding the
most important demand affecting 50% of the employees of the Postal Department
i.e, inclusion of Gramin Dak Sevaks under the purview of the 7th
CPC, unlike in the past, this time there is total unanimity among the
staffside. In the staffside proposal regarding terms of reference to be
submitted to the Govt., it will be clearly mentioned that the three lakhs
Gramin Dak Sevaks of the Postal Department should be brought under the purview
of the 7th Pay Commission.
We are not
demanding any mercy from the Govt.The Hon’ble Supreme , Court of India, in the
case of P.K.Rajamma Vs Union of India, has made it clear without any ambiguity,
that Extra-Departmental Agents (now GDS) are holders of civil posts and hence
they are civil servants under Article 309 of the Constitution. Further, the
Fourth Pay Commission in its report has also made the following observation:-
“The matter is,
however, beyond controversy after the decisions of Supreme Court in Gokulanda
Das’s case (also called as P.K.Rajamma’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 service, there is no doubt that it is a post under the
‘’state” ’. In view of this pronouncement, we are unable to accept the contention
that Extra- Departmental employees are outside the purview of the terms of
reference of our Commission.”
Again, Justice
Charanjit Talwar Committee, subsequently appointed by the Govt., recommended
that ED Agents have to be included within the overall class of civil servants,
being holders of civil posts. The committee further made it clear that there is
no rationale to keep them separately as “a class within the class” of central
govt employees which is against the provisions of Article 14 & 16 of the
Constitution of India.
It is in this
background, NFPE & confederation has demanded for inclusion of Gramin Dak
Sevaks under the purview of 7th CPC and conducted one day’s strike
on 12.12.2012. Now that the entire JCM staffside also agreed to raise the same
demand, we hope that the govt. shall concede the demand of entire 30 lakhs
central govt. employees and include the GDS under the terms of reference. In
case, the govt rejects our demand, there is no other way but to go for
indefinite strike.
The postal Joint
Council of Action comprising all the unions/ associations affiliated to NFPE
& FNPO, has met at Delhi on 19.10.2013 and has decided to go for indefinite
strike, if the govt. refuses to accept our demand for inclusion of GDS under
the purview of 7th CPC and also regularization and revision of wages
of casual labourers.
NFPE calls upon
the entirety of Postal and RMS employees including Gramin Dak Sevaks to be
ready for an indefinite strike for the cause of three lakh Gramin Dak Sevaks
and the casual, part time, contingent employees who are the most exploited and
down-trodden class of the Postal Department and the entire Central Govt.
Services.
