Gist of the Memorandum submitted on Gramin Dak Sevaks of Department of Posts to 7th CPC by NFPE & AIPEU GDS (NFPE)
I .. GRAMIN DAK SEVAK SYSTEM IS AN ANORCHISM – SCRAP GDS SYSTEM
days strike on 12 &13th Feb 2014 demanding to remit the GDS issues to the
Seventh Pay Commission. The Postal department based on the demand has
referred the case to DOPT to clarify the 4th Central Pay Commission’s
observation in para 1.10 that the expression of Central Govt employees has
not been defined based on which a final view over the inclusion of Gramin
Dak Sevaks within the purview of 7th CPC becomes possible. The Department
has communicated to National Federation of Postal Employees that the demand
for inclusion of GDS in the 7th Central Pay Commission has been referred to
DOP&T for a decision in the matter.
With due respect and regards we request the Chairman Seventh Pay Commission, to consider the GDS issues which are submitted in details in the chapters following this preface and render justice to this exploited, poor category of employees in the Department of posts as if Justice Talwar has observed and ended his recommendations as ‘The week and down trodden need protection’.
Practice’ released by Mr. Lvie. G.J. Hamilton in the year 1910, the EDAs
were termed as ‘extraneous agents’, which were confined to Branch Postmaster
class only. It was only in 1926 that the ED system was extended to include
ED Runners & Extra Departmental Delivery Agents.
Agents fall within their purview. The Second and Third Pay Commissions
excluded them from consideration mainly on the grounds that the Dept of
Posts had treated them as Agents and a class apart from the regular
that the ED Agents were not holders of Civil Posts. However the Fourth
Central Pay Commission did not agree with that perception. It was observed
by the Fourth Pay Commission that it was beyond controversy and that ED
Agents were holders of Civil Posts.
employee and he is also deemed as a holder of civil post. There is no ground
or rationale or whatsoever to term them as Agents and it is nothing but to
deprive them of the benefits to which the departmental employees are
entitled. The Supreme Court has also held on 22.7.1977 that the ED Agents
are holders of civil post under the State, even though the posts are outside
the regular civil service. It emphasized that ED employee (now called as
Gramin Dak Sevak) is not an Agent, not a casual labourer and not a part time
worker but he is the holder of civil post outside the regular service and
therefore declared that Article 311 (2) of the Constitution of India is
Court about the employment of casual labour, contract labour etc. in the
landmark judgments, the Court directed the Government.
This condition is already there. But this is one condition, which is
disregarded in the matter of making appointments. Whatever, we give must
only be a symbolic supplement. If the allowance we give should serve as a
supplement it follows that the income of the Agents gets otherwise must be
substantial enough to make our contribution just supplementary. There must
be absolute insistence that a person who takes over the agency must be one
having an adequate source of income. The insistence on this be such that in
case he loses his main source of income he should be adjudged as incurring a
disqualification to continue the agency. This clause must be vigorously and
strictly conformed to.”
applying mind properly, causing injustice to these poor plighted categories.
servants and, eventually, as civil servants in view of promulgation of the
statutory rules under the proviso to Article 309 of the Constitution in the
year 1959. The reasons for which these rules were repealed and non-statutory
P & T ED Agents (Conduct & Service) Rules, 1964 promulgated, have been found
to be erroneous.
Talwar Committee were rejected by the Government and the package issued vide
Directorate letter No. 26-1/97-PC & ED cell dated 17.12.98 becomes final and
full settlement of the Justice Talwar Committee report resulting
continuation of exploitation of labour in the Postal Department.
“The weak and down-trodden need protection” is thrown to dustbin along with
the Justice Talwar Committee report, which we respect as the ‘Magna Carta’
for the liberation and emancipation of the down-trodden ED employees. If the
report is unearthed again and implemented straight away it will render real
justice to this category
II .. GDS EMPLOYEES – HOLDERS OF CIVIL POSTS
framed by the Director General P&T Department in the year 1935 and by the
year 1947, as had been noticed by the First Central Pay Commission, the ED
Agents were subjected to Government Conduct Rules and Postal Regulations.
Thus, their status was recognized as Government Servants and eventually, in
the year 1959, as civil servants by promulgation of the statutory rules
under the proviso to Article 309.”
civil servants within the purview of Article 309 of the Constitution was
later on considered by them to be erroneous. The reasons which led the
Government of India to change that view need examination:”
civil servants observed that in the year 1901-02, the ED Agents assisted
during the ‘Census’ in the year 1901 which highlights the fact that they
were being treated by the department on the same footing as that of other
regular Government employees. In all the Annual Reports since 1900-01, the
ED Agents have been referred to as “not -whole time servants” of the
Government. The concept of ‘not whole time Govt employee’ is recognized
under the FR & SR 1922.
land and the directive principles of the State policy as adumbrated in the
Constitution of India. It is unfortunate that the Government is resorting to
taking decisions, which deny the legitimate entitlements of the ED
No 584/95 on 23.01.96 has observed inter alia: – “we find no warrant for
reading the restriction into the declaration of law in Rajamma’s case and
limiting it to Article 311. The declaration is that Extra Departmental
Agents are holders of civil posts.”
Service are not to be considered as civil servants excepting for the purpose
of disciplinary inquiry is a misnomer, misconceived and untenable.
Extra Departmental employees because the supporting accounts procedures and
establishment would be an enormous involving maintenance of regular service
records and other particulars like leave, increments and so on. In view of
this, separate scales are not recommended.”
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
the direct control and supervision of the authorities who obviously have the
right to control the manner in which they must carry out their duties. There
can be no doubt therefore that the relationship between the Postal
authorities and the Extra Departmental Agents is one of master and servant”.
8 SCC 489 also held that the EDAs are Civil Servants regulated by the
Conduct Rules and by necessary implication they do not belong to the
category of workmen attracting the provisions of the Industrial Dispute Act,
– S.C. 1677) is that the ED Agents employed by the department, though they
are not employed on whole time basis, cannot be termed as ‘agents’ because
of their relationship with the Government which is that of master and
Reported in AIR 1977 SC 1677 wherein, it has been categorically held that ED
Agents are holders of civil posts.
law in Rajamma’s case and limiting it to Article 311, the declaration is
that Extra departmental agents are holders of Civil post”.
and extension of all benefits of Departmental employees to Gramin Dak Sevaks
Employees’ of the Department of Post under a separate category.
innovative schemes under Human Resource Development, which has been
championed by the Planning Commission and Central Government.
other benefits available to the Departmental employees are extended to the
ED employees. The question of Civil Servant Status and consequent
departmentalisation of ED Agents (GDS) remains pending for long and is
denied continuously on one pretext or the other.
scientific survey conducted by it, 95.70% joined the postal department as ED
Agents hoping to get full-time absorption and only 4.08% took it as a side
occupation. Thus the ED Agents are solely depending upon their wages for
‘adequate means of independent livelihood’ as they fall below the poverty
line. In the present set up of the social – economic structure of rural
areas, the daily wage for an agricultural labourer has been fixed much above
the daily rate of an ED Agent.
If all the ED employees are departmentalised by scrapping the existing GDS
system with eight hour work load on each official by assigning various new
works to improve the functioning to make it more remunerative will overcome
the problem. This vast infrastructure will really be an invaluable asset to
the department in this era of e-commerce and e-governance and not at all a
the ED employees are having less than two hours work. This is far away from
new items of work, there is every possibility of increasing the workload.
There is every possibility of increasing the work hours justifying to full
immediately be converted into full time departmental posts for absorption of
GDS treating them as Civil Servants.
ICT plan, there is every scope of introducing various works, including the
independent function of POSB at BOs. The workload will be increased
manifold. The BOs should also be utilized optimally.
time posts for absorption of GDS with Civil Servant status as a full time
while exploring the possibilities of making them full time civil servants,
further employment of GDS employees to man the postal services may be
stopped and the very expansion of the system of GDS may well be dropped.
agreed to, is the housing of such Departmentalised Branch Post Office. For
this, we suggest payment of reasonable rent.
number of GDS as civil servants and utilize their services optimum. We are
confident that the Commission my recommend for grant of Civil Servant status
for all purposes to GDS and departmentalization of GDS in true spirit by
considering the above submissions.
the regular departmental employee performs.
the Postal Assistants. They are selling stamps, booking registered articles,
Money orders, handling SB work, etc. They should be aware of all the ruling
positions in respect of all the transactions taken place in their offices.
should also exercise control and supervision over other staff attached to
Postman does. The duties of the GDSDAs are as responsible and arduous as of
a departmental Postman.
stages/ Post offices/RMS offices in the same manner as departmental Group D
(MTS) or Mail Peon. They are doing similar & identical duties of their
all duties similar to that of Group D. They are the most exploited
categories even though there are performing more than five hours to eight
Rs.3500/- per day, the objective being that the public need not queue up at
regular counters conducting other business just for purchasing some stamps.
telegram delivery by Telecom and no telegram service is now available. At
present, there is no existence of GDS Messenger posts in the Department of
similar to that of Departmental Mailmen.
counterparts are given below:
is stated inter alia: –
service conditions and wage structure of the employees of the Department of
Post, ED Agents be bracketed along with the departmental employees. There is
no need to set up a separate Committee or Commission for the Extra
½ hr lunch break
should be dropped. The wage should be termed as “pay” which entitles all
other allowances being granted to whole time departmental employees.
hours) to corresponding whole time departmental employees, detailed as
|S.No||Nomenclature||Comparable category of departmental employee||Minimum pay for comparable category proposed by Postal Federation||Proposed Minimum for GDS (5hrs)||Proposed Maximum for GDS (8hrs)|
|1||GDS Branch Post Master||Postal Assistan||Rs.56,000 + 5% Annual Increment||Rs.35,000+5% Annual Increment||Rs.56,000+5% Annual Increment|
|2||GDS Mail Deliverer Stamp Vendor||Postman||Rs.46,000 + 5% Annual Increment||Rs.28,750+5% Annual Increment||Rs.46,000+5% Annual Increment|
|3||GDS Mail Carrier/ Packer/ Mail men||Multi Tasking Staff (MTS)||Rs.33,000 + 5% Annual Increment||Rs.20,625+5% Annual Increment||Rs.33,000+5% Annual Increment|
Seventh Central Pay Commission and the arrears should be based on the
revisions to be given effect from the date of implementation of 7th CPC
should be given duly recognising their past services. The Fixation formula
shall be revised accordingly and the seniors shall be given due weightage.
Point to point fixation may be ensured.
1970s and there are clear cut instructions that under any circumstances, the
wages of the GDS should not be reduced. The protection of wages under any
circumstance shall be ensured.
corresponding scales may be extended to the GDS employees based on the
recommendations to be made for departmental employees by the Seventh Central
dearness allowance sanctioned for regular employee of corresponding
also the transport Allowance which is replaced in lieu of CCA to the GDS
employees at par with whole time regular departmental employees.
day, he must be paid compensation for performing duty on that day. The
amount of compensation should be calculated on the same principles as are
applicable to corresponding departmental staff.
open for 6-7 months, and the remaining period in other places. The officials
working in those post offices should be granted with TA/DA with transfer
grant. Similarly when GDS is ordered to move out of his office of duty for
official purposes, TA/DA as admissible to Departmental employees shall be
introduced at par with other regular employees.
should be enhanced commensurate with the expenses for this purpose.
Similarly, the officials working in the desert area in Rajasthan should be
granted with conveyance allowance and cost of water Bottles, etc.
and North East Region etc,.
1,000/- per month may please paid to the GDS working in these areas.
to regular departmental staff in such areas.
same may be paid proportionately to the GDS serving it the affected areas as
‘Special Compensatory Allowance’.
and project allowance may be extended to ED Agents, the Quantum of allowance
being determined according to the proportion which their emoluments bear to
the emoluments of comparable categories of govt. servants.”
whole time regular employees to the GDS working in rural areas for
out-patient treatment and in the event of taking in-patient treatment the
cost of medical treatment may be reimbursed like regular employees and the
issue of reimbursement of medical expenses shall be ensured at par with
regular departmental employees.
expenses while died in service in order to perform the last rites.
to be commuted a full leave .
allowances continuously for more than 180 days may be removed.
same maternity leave as applicable in the case of full- time female
employees of the Govt of India as per CCS (Leaves) Rules 1972.
without allowances is a great injustice against the natural law and human
rights. The condition should be removed.
regular employees and the payment shall be made from the Government under
salary head and not from the Circle Welfare Fund. They may also be granted
Child Care Leave, Child Adoption Leave etc., at par with regular
in service and also for dog bite/snake bite to the GDS as in the case of
applicable to the departmental employees shall be extended to GDS also.
contributory and self financing basis.
month by Department for pension Fund.
benefit except that of gratuity and a scheme of contributory provident fund
has already been recommended, it is not necessary to suggest pension as an
additional benefit. Grant of pension to ED Agents is therefore not
pension, rational cards, house sites, medical schemes, agricultural loans,
housing loans etc., as they are being considered the GDS are Central Govt.
ill-considered notions. However, the Supreme Court has, in the landmark
judgment of D.S. Nakara and other Vs. Union of India (AIR 1983 SC 130)
clarified all the issues connected to Pension. While examining the Goals
that a pension scheme should seek to sub serve, the Apex Court held that:
pensioners would be able to live:
living decently was difficult, selecting the percentage representing the
proper ratio between earnings and the retirement income was harder. We owe
it to the pensioners that they live, nor merely exist.”
service (GDS Service) has been extended, and successfully to the whole of
the country. This achievement was possible only because of the employees
working in the Extra Departmental system. The State is duty bound to look
after the morale of this task force of over 3 lakhs and cannot get away by
simply giving a maximum of Rs 6000/-gratuity as charity though many of the
ED Agents have given their entire life to this organisation. Examining the
Question from any angle, Extra Departmental Agents deserve the grant of
pension not only because of the social obligation of the State but also
because Rule 2 of the Pension Rules is applicable in their case.”
to extend the Pension scheme to the GDS at par with regular Govt. employees
with all consequential benefits and entitlements.
alone render natural justice to these poor plighted exploited categories.
The Supreme Court judgment on GDS that they are covered under Gratuity Act
may be implemented.
pension as stipulated to Govt servants should be extended to GDS employees.
of 2,00,000 with the monthly subscription of Rs.100/-. The savings Fund
should also be reviewed under the present rates.
till that time the expansion of the GDS system may be stopped.
completing 8, 16, 24, 30 and 34 years of service and appropriate upgradation/pay
scales are to be recommended.
without fixing any minimum service as the recruitment is classified under
Direct Recruitment and outsider Quota.
servants, being holders of civil posts. Otherwise, it will be violation of
Article 14 and 16 of the Constitution. Thus, there is no need to keep
separate rules for GDS employees and the Central Civil Services (Conduct)
Rules 1964 and CCS (CCA) Rules 1965 should cover the ED employees also and
be made applicable to them.
representation while imposing major punishment like dismissal/removal as in
the case of Govt servants covered under CCS (CCA) Rules 1965 as otherwise
even the distorted interpretation of Apex Court’s landmark judgment by the
Department of Posts stands violated.
similar provisions as contained in Sub Rules 1 (AA), 2 including the
explanation, 3,4,5 of Rule 10 of CCS (CCA) Rules 1965 have to be
incorporated in the Rule 12 of GDS Rules 2001.
these rules should be promulgated under the proviso of Article 309 and made
beats are not cycleable. Foot beat formula may be resorted.
some ex gratia like OTA may be paid to the GDS officials retained beyond the
working hours for mail exchange.
officials like GDS MD, GDSMC, GDS MM etc., so that it can identify their
services to the public.
Posts should be upgraded and the incumbents be regularized in all major
did not find a solution to convert the existing GDS MM as MTS in RMS which
is practically possible at this juncture.
Charges being paid to GDS may be reasonable increased.
skills effectively in the service, the LTC facilities may please be extended
to the GDS employees.
appointment and restore the status quo.
Advance to the GDS.
can also granted motor cycle Advance at par with regular departmental
officials. & Computer advance may also be granted to the GDS for the
purchase of computers.
market rates prevailing in the localities concerned.
hours, he should be paid the same ‘Pay’ of the combined post as would be the
entitlement of an ED DA / MC if he were to work for 2 hours. The same
principle is to be applied in respect of EDDA performing the duties of BPM
or that of an ED MC.
source of income.
GDS officials and credited to the Postal Societies.
GDS for the unwarranted wage cut. The application of Time Test applicable to
regular employees to assess the workload of the Branch offices should
functioning partially in one year for six to seventh months in places like
Kedarnath and Badrinath. The GDS shall also be granted with TA/DA at par
with regular Postal officials posted in such seasonal post offices.
for promoting small family norms.
their sports activities should be extended to the GDS officials also.
occasion for the conveyance of cash taking risk for such clearance.
cases on the same lines as applicable to whole time Government employees
subject to a minimum of TA/DA admissible to the Group ‘D’ employee.
must be increased with immediate effect.
service for pension and other benefits like House Building Advance.
member of the registered Co-op societies and the Department should oblige in
recovering the dues to such societies from the pay of the GDS officials.
supplied with B.O. Rules along with Chapter 13 in regional language. It
should be ensured for the supply once in two years.
Sub Postmasters of single handed departmental Post Offices.
make them as full time employees. We request to issue clear-cut
recommendations for the absorption of the existing GDS MMs working in urban
cities and larger platforms as MTS.
BPMs, GDSDA, GDSMC etc,.
facility of GDS
the benefit of annual increase for the past service is requested. Existing
TRCA will be protected.
apportioned income from BOs
included with the apportioned ratio of revenue generated from the BO on the
live accounts of certain Savings schemes.
expertise for his recruitment
of BPM and thus a BPM should be treated as a skilled worker and pay fixed
for the BPM as deemed fit with the comparison of departmental employees of
centres for this purpose especially they should be well brained in Computer
operations to cater the need at the time of introduction of Rural ICT
Superintendent of Post Offices at a Delivery Head Post Office or a delivery
Sub Post Office depending upon the availability of accommodation and other
they will be given training at sub divisional office and other two days at
selected sub post office.
needs of the public expected to be provided by the Central or State
Governments and other local bodies.
provided in the Rural Post office.
for keeping valuable records etc., in the BO Two chairs, a desk and a stool.
regular staff unions. Same may be extended.
employees and the grant of right to affiliate with Federations.
by the regular staff.
Periodical meetings at all levels.
realistic picture on the prevailing conditions of GDS staff and their
justified demands that will bring much needed changes in the living and
working conditions of this most neglected section and downtrodden employees
of the Department of Posts.
Apex Court and the observations and recommendations of Honourable Justice
Charanjit Singh Talwar.
departmentalisation of GDS System is both viable and beneficial to the
service and GDS staff.
not be neglected and shall be extended all benefits of departmental
Talwar, “The weak and downtrodden need protection” and we look forward to
the 7th Central Pay Commission to make the decades long dream of 2.63 lakh
GDS, a reality.
AIPEU GDS (NFPE)