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.
