Civil Servant Status to Gramin Dak Sevaks : Small Analysis.

Date : 07.10.2019

Civil Servant Status to Gramin Dak Sevaks : Small Analysis.

Directorate View:

Reply received from Directorate with regard to the grant of Civil Servant status to GDS i.e, Point no.2 , PJCA charter of demands.

The Supreme Court has observed vide orders dated 22/4/1977 in case titled UoI Vs P.K.Rajamma etc. that the GDS are holders of a Civil Post but outside the civil services. Hence , they can not be treated as regular employees.

Moreover in a recent common order dated 17/11/2016 of Hon'ble CAT Principle Bench , Delhi in.OAs no.749/2015 , 3540/2015 & 613/ 2015 filed by GDS , the Hon'ble CAT rejected the claim of GDD for parity with regular civil servant. This issue is also sub-judice in Delhi High Court.

Recently, Supreme Court has observed vide order dated 15/03/2019 in case titled UoI Vs Gursewak Singh & others in Civil Appeal no.3150/ 2019 that a Gramin Dak Sevak is not an employee under the 1972 Act.

Kamalesh Chandra Committee View : 

Kamalesh Chandra Committee in its report in para No.8.27 indicate that “ The resolution No.17-13/2013-GDS dated 19.11.2015 has not specifically mandated the Committee to review the legal status of GDS and suggest necessary changes stating that it is subjudice”. And also mention in para No.8.28 “ It also deprives the GDS of living a happy life in the changed situation where financial dependence on GDS position is increasing day by day because of shrinking alternate means of livelihood.

NUGDS View:

 The Postal Department is not in a position to justify the living wages on the traditional rule that the GDS employees are not permitted for engagement for more than 5 hours in a day. But the Department has no answer that the GDS employees long back exceeding 5 hours and they can not afford to take alternate livelihood. As per the Recruitment Rules the GDS employees were recruited from entire State and they have to establish their own office in the appointed village and serve the people with new technology and devices. But the residuary workload after 5 hours a limited incentive with a cap on the incentive is being paid. This is nothing but a bonded labour against the laws of the land.   

 My Union strongly oppose for non-implementing of Rule 3-A (i) as it is so transparent to the Postal Department that the GDS are working beyond this rule for more than 8 hours which was not taken into account by the Committee for the removal of this cap. This is very unconstitutional and against Natural Justice in the recommendations given by the GDS Pay Committee.

The Committee is directly or indirectly having clear idea of the effect of rule 3-A (I) on GDS officials and has clearly expressed that the Department has to take the stand on the removal of 3-A(i) and not given any recommendation on it as it is the rule framed by the Department of Posts. No Judicial authority will intervene if that rule is removed by the Department of Posts, by doing so never it will be termed as subjudice. If the Department would have done it much before GDS Pay Committee by including in the terms of reference, the Committee would have recommended full working hours i.e., 7 hours 30 mints as it is visible from the inside of the Committee report.

Conclusion : 

If Postal Department of Posts amend or abolish the Rule 3A(i) of GDS Conduct & Engagement Rules, 2011 there is no question of “ grant of civil servant status to Gramin Dak Sevaks is sub-judice “. As like the applicability of Article 311 of the Indian Constitution for GDS , Postal Department should make the proposal for applicability of Article 309 of the Indian Constitution for GDS , as this GDS recruitment process is open in National Level.

CH.Laxmi narayana.

CS NUGDS