TODAY AN INFORMAL MEETING WITH MEMBER (P) WAS HELD, NOTHING DISCLOSED. HOWEVER ASSURED AGAIN OF POSITIVE ACTION BUT WITHOUT COMMITMENT.
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TODAY AN INFORMAL MEETING WITH MEMBER (P) WAS HELD, NOTHING DISCLOSED. HOWEVER ASSURED AGAIN OF POSITIVE ACTION BUT WITHOUT COMMITMENT.
Ref: GDS/CHQ/10/1/2009 Date: 26 -02-2009
The Chief Labour Commissioner (C),
Govt. of India ,
Shrma Shakthi Bhavan,
New Delhi 110001
We submit herewith the justification, legally and factually supported, is support of our demands. Copies supporting judgments of the Hon'ble Supreme Court of India are also enclosed.
NOTE ON JUSTIFICATION
The Hon'ble Supreme Court has declared the Extra Departmental Agents (as the Gramin Dak Sevaks were earlier called as holders of civil post/civil servants/Government employees). The judgments of the Supreme Court remain still to be implemented and are suffocating under irongrasp of ill-conceived prejudices of the bureaucracy. The Gramin Dak Sevaks being held as holders of civil post/civil servants/Government employees, Justice demands that they are provided with all facilities of Government employees.
2. Several new services/products like NREGA payments, payment of old age Pension, Rural Postal Life Insurance policies, acceptance of Telephone and electricity bills apart from promoting small savings have been undertaken by the Gramin Post Offices and Gramin Dak Sevaks. But still, (mis)utilising the agency of Shri.R.S.Nataraja Murthi's Committee, the department seeks to curtail the rural postal services and proposes to curtail the postal services to rural people even below 3 hours. This hits at the benefit of the Gramin Dak Sevaks as also service to the 'Aam Admi'. Therefore, it has to be ensured that the postal services are provided at least for 3 hours 45 minutes (say 4 hours). Thus the proposal of Sri.Nataraja murthi to curtail postal services to the Gramin population below three hours or up to 3 hours must be scrapped.
3. The E.D. Committee in the second part of Para 10.10.2 says as follows:
"The present time Related Continuity allowance (TRCA) has some kind of relativity with the pay-scales of the regular Departmental Employees the TRCA granted to the GDS Mail Deliverer Corresponding to the Pay Scale of 2750-70-400 the Pay Scale of Mail Carrier Corresponded to the Pay Scale of Rs।2400-40-3200. The TRCA of BPM/ED SPM Corresponded to the Pay Scale of Rs.3200-85-4900…………."
4. The principle of linking the emoluments of the Gramin Dak Sevaks (EDAs) to the corresponding category of the whole time employees has long been recognized. Justice Talwar Committee has finally set the records straight. Sri.Nataraja Murthi committee and the group of Officers headed by Sri.P.K.Gopinath have accepted the principle. But they have deliberately produced a miscalculation. As per the implementation orders issued by the Government the minimum pay of the corresponding category of whole time employees is as below:
5. The relatively with corresponding category being the principle category of whole time employees, the rate of increment @ 3 percent has got every justification and is to be extended to the Gramin Dak Sevaks.
6. The principle of relativity has been recognized and hence the formula for fitment in the new scale shall be the same i.e., Basic Pay + multiple of 1.86 of the basic pay+40 percent of the maximum of the existing scale;
7. All other benefits, i.e., Dearness Allowances, House Rent Allowance and all other benefits have to be at the same percentage.
8. On similar principle, the retirement benefits and social securities including the benefits as outlined in Ministry of P.G & Pensions OM No.45/55/97-98 PW (C) dated 11.09.98 which prescribes the following lump sum compensation must accrue to the GDS employees.
a) Death occurring due to accident
in the course of performance of duties Rs.5.00 lakh
b) Death occurring in the course of
Performance of duties attributable to acts of
Violence by terrorists, anti-social elements etc. Rs.5.00 lakh
c) Death occurring during (a) enemy action
action in international war or border skirmishes
and (b) action against militant, Terrorists,
extremists etc. Rs. 7.00 lakh
9. On similar principles, all rules and regulations applicable to the whole time employees be made applicable to the GDS employees also.
10. The nomenclature 'Gramin Dak Sevak' should be accordingly changed as 'Central Civil Servants (not whole time).
11. Bonus: Bonus ceiling of Rs.3500/- to be extended WITHOUT DISCRIMINATION. Arrears due need to be paid immediately as the departmental officials have taken long back. GDS employees' are frustrated over the anti GDS attitude, act of discrimination.
12. a) Unscientific norms/standards are fixed for measurement of workload of
GDSMP/MC officials needs review and the scales proposed by this union are the barest minimum and justified.
b) Distance for assessment of work of out door staff to be on FOOT BEAT.
c) For cash handling work of BPM the norm should be Rs.5000/- against Rs.10000/- per point recommended. Additional work of delivery or Mail conveyance should be assessed as per norms, not allowances of 100/200 which is unscientific/unrealistic.
13। There are several cases where the G.D.S employees work for more then five hours, especially, is urban, Semi urban and developed rural areas. Their working hours should be fixed according to their actual work hours relating the 5 hours limit and there pay fixed accordingly.
14. Transfer of GDS: The increment earned in service to be protected even in case of officials' interest. Further liberalization sought for.
15 LEAVE: Leave should be granted without any restrictions। Combination of duties is not possible/practicable and when the work exceeds 5 hours, paid substitute must be engaged as at present.
16. Drop the proposal of changing the rules of GDS as ENGAGEMENT RULES. I.D.Act shall be continued to be applicable as at present.
17. Assessment of work of GDSMP/GDSMCs in realistic manner, taking over all work performed by them. Pay scale to be on prorata with Group D, now multi-skilled Group C with a Grade Pay of Rs.1800/-. Grave injustice is done to this category. In fact there is justification convert the post into full time employment.
18. ACP/Financial up-gradation as GDS are retiring without promotions।
We shall be highly grateful to you for your kind indulgence to mitigate the age old sufferings of this exploited section.
Observance of "WADA NIBHAO DIWAS" (FULFILL PROMISES DAY) on 26.02.2009 by holding massive Rallies/Meetings at all levels exposing the departmental back-tracking on the promises. Fax/telegrams demanding fulfillment of promises should be sent to the Hon'ble Prime Minister, Government of India; Hon'ble Minister for Communications and I.T; Hon'ble State Minister of State for Communications & IT and Secretary Department of Posts. with copy by post to the CHQ.
GET READY FOR 3RD MARCH INDEFINTE STRIKE
Our demands are very minimum, most justified.
It is GDS today most relevant in the Department as crores and crores of RPLI business is brought for the growth!
ARE WE NOT ELIGIBLE TO GET BEAREST MINIMUM THAT IS REQUIRED FOR A SIMPLE LIFE WITH BETTER WORKING ENVIRONMENT?
THERE IS LIMIT FOR THE PATIENCE OF G.D.S, BE PREPARED FOR DIRECT ACTION! ORGANISE, ORGANISE AND ORGANISE WITH DETERMINATION. SUCCESS WILL BE AT YOUR DOOR STEPS.
OBSERVE 26TH FEB, 2009 AS 'FULFILL PROMISES DAY'
(WADA NIBHAVO DIWAS) BY HOLDING PROTEST MEETINGS, DEMONSTRATIONS AND SENDING MESSAGE.
Let us end discrimination between RURAL and URBAN.
WE WANT EQUAL TREATMENT FOR EQUAL WORK!
STRIKE NOTICE SERVED ON THE DEPARTMENT TODAY!
As per the decision of the enlarged CWC meeting NOTICE OF INDEFINITE STRIKE AND INDEFINITE HUNGER STRIKE TO BE COMMENCED FROM 3.3.2009 has been served on the department today the 16th Feb, 2009. However efforts are on to reach an honorable settlement.
COMRADES, REMEMBER…., IT IS THE EXPLOITATION OF HUNDRED YEARS!
Top level officers are getting a monthly salary up to ONE LAKH and a pension up to Rs.50,000/- but not ready to grant a few hundreds to THE POOR AND TOILING G.D.S
Let us be firm on our legs to fight all kind of discrimination and injustice.
IF WE DO NOT FIGHT NOW, WE WILL NEVER GET JUSTICE!
MOBILISE, MOBILISE AND REACH EACH AND EVERY ONE FOR
A TOTAL STRUGGLE!
A WRONG CLARIFICATION ON BONUS CEILING! RESIST IT.
21.10.2008 order on Bonus ceiling came after an agitation of TWO DAYS HUNGER FAST. However payment of arrear bonus is yet to be made in a few circles. Now Directorate has repeated that it is for DEPARTMENTAL employees' only. It is quite irregular, discriminative and illegal.
The Directorate could have referred the matter to finance as being done in all financial matters. We oppose the act which is irregular. Resist it. WE HAVE GIVEN STRIKE NOTICE ALSO INCLUDING THE DEMAND OF BONUS CEILING. We have no other way but to fight for justice.
Also note that RECOVERY CANNOT BE MADE WITHOUT 'NOTICE'.
Please await further directions in this regard as we have already pursuing the matter for remedial action.
Ref: GDS/CHQ/10/2008 Date: 16 02-2009
Department of Post,
In accordance with the provisions of Sub Section (1) of Section 22 of the Industrial Disputes Act, 1947, we hereby notify that all the Gramin Dak Sevaks of postal Department will go on Indefinite Strike from 03.03.2009. Besides, the indefinite relay Hunger Strike will also be undertaken at all Circle Head Quarters. The demands for acceptance on which the employees embark upon this "Indefinite Strike and Indefinite Relay Fast" are detailed in the enclosed Charter of Demands.
CHARTER OF DEMANDS
1. In accordance with accepted principles Grant of Pay-band to the GDS employees (with or without Grade Pay) proportionate to the emoluments of corresponding category of full time employees i.e.,
Pay band to begin with:
i) GDS SPM Rs.6000 as on 1-1-2006 for 5 hrs
ii) GDS BPM Rs 4800 as on 1-1-2006 for 3.00 to 3 hrs 45 mts i.e up to 75 points.
Rs.6000 as on 1-1-2006 for 3 hrs 45 mts to i.e above 75 points
iii) GDS MD/SV Rs 4000 as on 1-1-2006 for 3 hrs to 3 hrs 45 mts
Rs 5000 as on 1-1-2006 for 3 hrs 45 mts to 5 hrs
iv) GDS MC/MP etc Rs.3600 as on 1-1-2006 for 3 hrs to 3 hrs 45 mts
Rs. 4500 as on 1-1-2006 for 3 hrs 45 mts to 5 hrs
2. Grant of all retirement benefits i.e, Pension, DCRG, GPF at par with whole time employees.
3. Grant of increment at the rate of 3% of the preceeding year's monthly pay as per the accepted principles and at Par with whole time employees.
4. No curtailment in Bonus or Bonus ceiling; immediate payment of arrear bonus and no change in 'DA' formula.
5. Grant of leave including Maternity Paternity leave at par with whole time employees.
6. Grant of a status of a Central Civil Servant on GDS employees in keeping with the declarations of the Supreme Court in Superintendent of Post offices v.P.K. Rajamma [(1977) (3) SCC]; Sub Divisional inspector of Post offices v. Theyyam Jospeh [(1996) 8 SCC 489]; and Chet Ram v. Jit Singh [JT 2008 (12) SCI] and application of all rules like FRs & SRs; CCS(CCA)Rules, CCS(RSA) Rules and CCS (Pension) Rules – Scrapping the existing discriminative rules for GDS.
7. No curtailment in Rural Postal services or benefits of GDS employees i.e, No abolition of posts/offices, no down gradation of offices, no curtailment of working hours below 3 hours(up to 3 hours). No tightening of norms including cash handling and sale of stamps to the detriment of the GDS employees and measurement of distance only on foot beat for out door GDS staff.
8. Grant of ACP at par with whole time employees and reservation of 25% of posts in PA/SA cadre for GDS employees.
9. Grant of HRA, Transport Allowance and all other allowances at par with whole time employees.
10. Grant of Medical facilities and Children Education Allowance at par with whole time employees.
No.GDS/CHQ/1-5/2009 Dated: 16-02-2009
All Circle/Divisional/Branch Secretaries,
All CWC Members A.I.P.E.D.E.U.
Sub: Implementation of the assurances given on 19.12.2008 at the time of withdrawal of the strike.
You are aware of the negatives of Sri.R.S.Nataraja Murti's GDS Committee which led to three days strike from 17.12.2008. The Department of Post, which appointed yet another committee of bureaucrats as an eye wash known as Group of Officers under the chairman of Sri.P.K.Gopinath. The Department had given certain specific assurances at the time of withdrawal of the three day strike on 19.12.2008. The members were jubilant. But the report of Sri.P.K.Gopinath's Group of Officers; a strict secrecy being maintained by the officialdom and the Secretary, Department of Post evading to meet us send very ominous signals which we can sum up in one sentence, the Department is going back on its assurances - a very unfortunate development! The bureaucracy enjoying each about a lakh of rupees as pay and perks is dead averse to even a few hundreds of rupees as benefits to the lowest strata of the postal employees known as Gramin Dak Sevaks, the postal servants of the "Aam admi".
We held a marathon meeting of the enlarged Central Working Committee which was attended by almost all Divisional secretaries from every corner of the vast country for two days from 11th to 12th February,2009. The members expressed grave indignation and anger at the treatment being meted out to us. The meeting was of unanimous opinion that the move of the bureaucracy is retrograde which wants to snatch away whatever benefits we have achieved through our struggle. The massive view was that struggle and struggle alone will bring the desired results. It was, therefore decided that if the Government does not come with orders on agreed items by the end of February,2009, the employees will be forced to launch an indefinite strike from 3rd March 2009 to begin at 06.00 AM. It was further decided that indefinite relay fast will also be organised at circle Head quarters along with the indefinite strike. It was further resolved to observe "WADA NIBHAVO DIWAS" (Fulfill promises day) on 26.02.2009. A copy of the resolution adopted at the enlarged CWC is enclosed.
Comrades, on 13.02.2009 a massive – mammoth rally and "March to Parliament" shook the national capital. The rally was unprecedented and slogans demanding fulfillment of the demands of the GDS employees went the sky. A detailed memorandum was submitted to the prime minister on behalf of the rally. A copy of the memorandum is enclosed. The Rally/March to Parliament endorsed the programme decided by the enlarged CWC in one voice.
Thus Comrade, the following programmes have to be observed with cent per cent success and we call upon the activists and leaders to take to business right now.
(i) Observance of "WADA NIBHAO DIWAS" (FULFILL PROMISES DAY) on 26.02.2009 by holding massive Rallies/Meetings at all levels exposing the departmental back-tracking on the promises. Fax/telegrams demanding fulfillment of promises should be sent to the Hon'ble Prime Minister, Government of India; Hon'ble Minister for Communications and I.T; Hon'ble State Minister of State for Communications & IT and Secretary Department of Posts with copy by post to the CHQ.
(ii) Indefinite Strike from 03.03.2009 to commence at 06.00 AM.
(iii) Indefinite "Hunger Strike" at Circle Head Quarters through out the struggle. One Divisional Union may under take to organise this programme on a particular day. The circle unions should decide the details of organizing the "Relay Hunger Strike".
Comrade, we have passionately requested the NFPE and FNPO as also their respective federated unions to extend to us full and active support in our fight against injustice.
Comrades, the guide lines for the conduct of the indefinite strike shall be the same as were issued while organizing the indefinite strike from 17.12.2008, which are as follows:
i) Several elements may be active: Several elements are trying to sabotage the case of the G.D.S. employees. Since, there was no alternative to struggle, we have been forced to resort to. We have appealed to the entire Postal fraternity for cooperation, support and participation. We repeat our appeal once again and request the Postal fraternity to lend unqualified support to us. The entirety of Postal brotherhood is requested to ensure that no elements are allowed to sabotage our struggle or demands.
ii) Since we are scattered in small numbers in the interior rural side, it will be better that all members collect together in the evening of 2nd March at the Divisional Head Quarter or at one or two important places for effective strike. On 03.03.2009, all members should remain together and stage demonstrations before the office of the Divisional superintendent. If the Divisional Head Quarter is Circle or Regional Head Quarter, the demonstration should be staged before the office of the CPMG/PMG. A memorandum (Draft given below) should be submitted to the Divisional Superintendent or the PMG or the CPMG as the case may be, with a request to forward the same to the Secretary, Department of Posts.
iii) On all days during STRIKE demonstrations/rallies should continue to be held. Memorandum should be submitted to district Magistrate/Governor as the case may be to be forwarded to the Hon'ble Minister of Communications & IT.
iv) Every Divisional/Branch Union should send daily fax/telegrams to the Hon'ble Prime Minister; Hon'ble Minister of Communications & IT; Hon'ble State Minister for Communication & IT, and Secretary, Department of Posts, demanding fulfillment of demands.
v) Hon'ble Member of Parliament of the respective area should be apprised of the position and requested to raise the voice of the GDS employees at every possible forum.
vii) Further arrangements may be made keeping in view local situation.
viii) We once again emphasize that peace should be maintained despite all provocations. We are strictly opposed to any action that may be treated as breach of peace.
In case of any necessity, we may be directly contacted on phones No 011-23697701 & 09811577701.
Comrades, it is a question of life and death and we cannot afford to be complacent. Let the process start with all seriousness.
With militant greetings,