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Wednesday, July 29, 2009

MASSIVE MARCH AT CHENNAI (Tamilnadu)
Memorandum to Dr.K.Karunanidhi for kind intervention.

GDS employees of Tamilnadu had organized a massive march and demonstrations in the major streets of Chennai seeking the intervention of Dr. Kalaignar Karunanidhi the Chief Minister of Tamilnadu. More than 7000 GDS and other employees joined the programme. The massive gathering was addressed by the General Secretary Com.S.S.Mahadevaiah, All India working president Com.M.Rajangam, Com. John Brito Circle Secretary Chief advisers Com.N.Balasubramanian Com.C.Amirthalingam and others.

A memorandum was submitted to the Hon'ble Chief Minister Dr.K.Karunanidhi craving kind and effective indulgence for the minimum justice on the demands of GDS employees.

Photos and the memorandum submitted will be published soon.

Wednesday, July 15, 2009

GDS FILE CLEARED BY FINANCE MINISTRY NOW CABINET NOTE WILL BE PREPARED BY OUR DEPARTMENT AND THEN CABINET WILL APPROVE.

FLASH !

C.A.T CHANDIGARH BENCH DECLARED THAT GDS employees' are entitled to get REVISED BONUS CEILING OF Rs.3500/-
………………………………………………………………………………………………………………………
The judgment:-

CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH.

O.A NO.256/PB/2009

Date of order: 8.5.2009

CORAM: HON'BLE MRs. SHYAMA DOGRA, MEMBER (J) HON'BLE MR. KHUSHIRAM,
MEMBER (A)

1. All India Postal E.D. Employees Union, (Pb. Circle Amritsar through Sh. Lakhwinderpal Singh, Circle Secretary.

2. Lakhwinderpal Singh Circle Secretary, All India Postal E.D. Employees Union (Pb. Circle) Northern Railway Workshop Post Office, Amritsar.

3. Joginder Singh Rayat, Branch Postmaster, V&PO Kitna, Via Moranwali, Distt. Hoshiarpur, Divisional Secretary, Hoshiarpur Division, All India Postal E.D. Employees (Pb. Circle).

4. Jarnail Singh, EDDR, Branch Office, Kotla Nihang, Head Office, Ropar, Divisional Secretary (Chandigarh Division) All India Postal E.D. Employees Union (Pb. Circle) Amritsar.

……………Applicants

Versus

1. Union of India through the Secretary, Govt. of India, Ministry of Communications & IT., Deptt. of Posts, Dak Bhawan, Sansad Marg. New Delhi.
2. Director General, Govt. of India, Ministry of Communications, Deptt. of Posts, Dak Bhawan, Sansad Marg, New Delhi.
3. Chief Postmaster General, Pb. Circle, Chandigarh.
4. Sr. Supdt. Post Office, Amritsar.
5. Sr. Supdt. Post Offices, Hoshiarpur.
6. Sr. Supdt Post Offices, Ropar.

Respondents.
For the applicant- Mr. Madan Mohan, Advocate
For the respondents- Mr. Rohit Sharma vice Mr. Deepak Adhihotri, Advocate




ORDER

Hon'ble Mrs Shyama Dogra, Member (J):

This Application has been filed by the All India Postal E.D. Employees Union through its Circle Secretary Sh. Lakhwinder Singh, and two other bearers of the Union. Their grouse is that the respondents are making recovery of the Productivity Linked Bonus ('PLB' for short) paid to EDDAs for the years 2006-07 and 2007-08 in view of the order at Annexure A-1 dated 9.2.2009. They have, therefore, prayed for quashing of Annexure A-1 and for a declaration that the applicants are entitled to grant of PLB as before without any discrimination.

Applications have pleaded that Gramin Dak Sevaks throughout India are being paid adhoc Productivity linked bonus year after year like other regular employees and accordingly they were paid bonus for the years 2006-07 and 2007-08. But respondent No.1 has issued letter dated 9.2.2009 as at Annexure A-1, whereby, it has been clarified that the orders of Ministry of Finance dated 10.10.08 regarding payment of bonus are applicable to eligible central Government departmental employees only. The case of the applicants is that the respondents are not considering GDS employees as Central Govt. employees and on this basis; they are going to recover the payment of bonus made to them. Placing reliance on a judgment of the Hon'ble Apex court in the case of Union of India and others vs. Kameshwar Prasad- 1998 SCC (L&S) 447, the applicants claim that they are government employees holding civil posts under the Union and are entitled to protection of Article 311(2) like other Govt. employees. They are, therefore, entitled to payment of bonus like other Central Govt. employees, and the recovery being made from them is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution.

The respondents have a reply, stating that the GDS employees are not entitled to Productivity Linked Bonus. However, they were being paid bonus in the shape of Ex-gratia. Consequent upon amendment to payment of Bonus Act 1965, the ceiling of amount was earlier revised from 1600-2500 and in October,2008 is was revised from 2500-3500 only for Central Govt. employees and not for Gramin Dak Sevaks, who cannot claim themselves at par with Central Govt. employees. However, payment of Ex-gratia at revised rates for the years 2006-07 and 2007-08 was inadvertently made to GDS working in Chandigarh and Honshiarpur Postal Divisions in the month of November/December, 2008. On receipt of various references, the Postal Directorate New Delhi clarified vide Annexure A-1 that the orders of Ministry of Finance dated 10.10.08 are applicable to eligible Central Government departmental employees only. On receipt of this clarification, recovery of overpaid ex-gratia was ordered to be recovered in Chandigarh and Hohsiarpur Divisions. In Amritsar Postal Division, Ex-gratia was not paid on the revised rates; hence no orders have been issued for any recovery. The respondents have justified the recovery of overpaid amount of ex-gratia.

We have heard the learned counsel for the parties and given our thoughtful consideration to the matter.

It is admitted case of the parties that GDS employees have all along been paid ad hoc bonus at the same rates, PLB is paid to the Central Govt. employees. Through letter dated 10.10.2008 (A-5), Ministry of Finance, Deptt. of Expenditure, New Delhi revised the calculation ceiling for various employees w.e.f. 1.4.2006 i.e. from the year 2006-07 as under:

Calculation ceiling

Existing Revised
¼emoluments)

PLB in Railways Rs.2500 Rs.3500
PLB in other Deptts/Organizations Rs.2500 Rs.3500
Ad hoc bonus for Employees not Rs.2500 Rs.3500
covered by PLB
Admittedly, the applicants were paid adhoc bonus/ex gratia at the revised rate of Rs. 3500/- for they years 2006-07 and 2007-08, which is being sought to be recovered from them on the basis of the impugned order at Annexure A-1.

A perusal of the order dated 9.2.2009 indicates that it Contains no reasons for stoppage of Ad hoc bonus to GDS employees or for that matter recovery such amount paid to them for the year 2006-07 and 2007-08. All that the impugned order says is that orders of Ministry of Finance dated 10.10.2008 relating to revised calculation ceiling are applicable to eligible Central government departmental employees only. It no where says that GDES employees are not entitled to receive ad hoc bonus and that the payment already made to them is to be recovered. Rather, they are covered under the Ministry of Finance order dated 10.10.2008 where by calculation ceiling in respect of employees and covered under the PLB, has also been revised from Rs.2500 to 3500. We, therefore, see no justification for making recovery of ad hoc bonus paid to the applicants or not paying them ad hoc bonus as usual. In view of judgment of the Apex court in Kameshwar Prasad's case (supra), it needs no mention that the EDDAs or GDS employees are government servants holding civil post under Union of India and they are entitled to protection of Article 311(2) of the Constitution.

In view of above discussion, the OA is allowed and the applicants are held entitled to grant of ad hoc bonus for the years 2006-07 and 2007-08 at the revised calculation ceiling mentioned in the order dated 10.10.08 (A-5). Recovery, if any, of the said amount made from the applicants should be refunded to them immediately and in any case not later than within on month form the date of receipt of a copy of this order.

No costs.

(KHUSHIRAM) (SHYAMA DOGRA)
MEMBER (A) MEMBER (J)

Revision of Pay and allowances of the Gramin Dak Sevaks of the Department of Posts.

GDS/CHQ/41/1/2009 Dated: 14.07.2009
To,

Sri Gurudas Kamat,
Hon'ble Minister of State for Communications & I.T.
Government of India
New Delhi—110001.

Subject: - Revision of Pay and allowances of the Gramin Dak Sevaks of the Department of Posts.

Respected Sir,

A kind reference is invited to thus union letter of even no. dated 09-07-2009 in which we have pleaded for pay and other allowance pro-rata and proportionate to the pay and allowances of the full time departmental employees. A copy of the said letter is enclosed for ready reference. In this connection we beg most respectfully to submit that:

(a) After the implementation of the recommendations of the 5th Pay Commission, in keeping with the recommendations of Justice Talwar Committee the union cabinet had taken a conscious and just decision to link pay and allowances of the Extra Departmental Agents (the Gramin Dak Sevaks were called EDAs then) with the pay and allowances of corresponding category of departmental employees. The union cabinet had also taken a decision to apply fitment formula in the new scales (TRCA as they call it) which guaranteed similar benefits to the EDAs as accrued to the full time departmental employees. Such decision was taken on the recommendations of a Group of Ministers especially constituted for the purpose.
(b) This time, after sixth Central Pay Commission, we apprehend that there is a move to reverse the trend to the detriment of the Gramin Dak Sevaks which will be contrary to the earlier decision of the cabinet.
(c) In this connection we further submit that the Supreme Court has held the EDAs (now Gramin Dak Sevaks) as holders of Civil Post and Central Civil Servants.
(d) The Finance Ministry has a vital role in extension of just and equitable benefits to the lowely paid Gramin Dak Sevaks. The issue has been referred to the Finance Ministry by the Department of Post.

We, therefore, implore your kind self to consider the case sympathetically so that the Gramin Dak Sevaks—servants of rural population get justice.

With profound regards,
Yours faithfully,
Sd/-
(S.S. Mahadevaiah)
General Secretary
GDS/CHQ/41/1/2009 Dated: 14.07.2009

To,

Ms. Radhika Doreswamy,
Secretary,
Department of Posts,
Dak Bhavan,
New Delhi – 110001

Subject: - Grant of minimum facilities to the All India Postal Extra Departmental Employees Union—the recognised union of the Gramin Dak Sevaks for smooth functioning.

Madam,

We, the Gramin Dak Sevaks of the Department of Posts who serve the rural populace, have organised All India Postal Extra Departmental Employees Union which is the only recognised association of this class of employees. Since the benefit of Foreign Service has not been extended to the executives of this association, the Government had decided that two excutive officials of the association would be granted leave without allowance without any cap to run the association smoothly. Accordingly, the General Secretary Sri S.S. Mahadevaiah who is the Chief executive of the association was on leave without pay and was running the association. This arrangement did not cost the department any amount.

The department disallowed further leave to the General Secretary who had to go to Bangalore to resume his duties. The functions of the association were left high and dry. While other recognised associations enjoy the benefit of Foreign Service to run the association, only this union has received this treatment. The cause of the employees suffers a lot.

We, therefore, request your benign self to examine the issue and order that the already available facility of the General Secretary remaining on leave to discharge union functions is restored.

For this kindness we shall remain obliged.

With high regards.
Yours faithfully,

Sd/-
(D.N. Giri)
President

Friday, July 10, 2009

Revision of Pay-Scales and service conditions.

No. GDS/CHQ/5/1/2009 Dated: 9/07/2009

To

All Circle/Divisional/Branch Secretaries,
All CWC Members & All India Postal GDS Employees Union

Subject: - Revision of Pay-Scales and service conditions.

Dear Comrades,

We are receiving anxious queries about the progress in revision of pay scales etc. We are aware that the members are very much concerned over the delay and we are still more anxious to get suitable orders issued. Comrades, you are aware that the Department cancelled the leave of the General Secretary as an offensive against our struggle for our just cause. This has created great difficulty.

Now, if is reported that the file is pending in the finance Ministry. We are leaving no stones unturned to ensure that fair justice is done to our cadre and for this we are exerting every nerve.

Comrades, we are patiently waiting for some time more for the justice and if in case the issue is delayed further more beyond our patience there shall be no alternative than to wage relentless struggle. But we are sure that stage will not come and the Government concerned with "Aam Admi" will do justice to us who are servants of the "Aam Admi".

We have addressed all central Ministers seeking their indulgence for justice to the low paid employees. We are enclosing a copy of our letter.

We call upon all Circle/Divisional/Branch Secretaries to address similar letters to the Hon'ble Communication Minister with a copy of the M.P. of the Constituency.

Comrades, there is no reason for dejection or losing heart. We shall win at last.

With greetings,
Yours fraternally,

Sd/-
(S.S. Mahadevaiah)
General Secretary


Memorandum

To,

Sri…………………………..
Hon'ble Minister for
………………………………………

New Delhi-110001

Subject: - Revision of Pay-Scales and Service Conditions of Grami
Dak Sevaks of the Department of Posts.

Respected Sir,

We have been highly enthused by the pronouncement of the Government and action initiated in direction of relief to "Aam Admi". We, the Gramin Dak Sevaks belong to that category and are servants of the "Aam Admi".

While the Pay revision of all Central Government employees has been implemented much before, the case of the low paid Gramin Dak Sevaks (earlier called EDAs), whom the Supreme Court has held as holders of Civil post, is hanging in balance still.

We, very earnestly and respectfully, crave your kind and effective indulgence for the minimum Justice especially with regard to:
(i) Pay scale (Pay-band and grade pay) –
Pro-rata and proportionate to the emoluments of the full time departmental employees.
(ii) Increment: - 3% at par with other employees.
(iii) Assured career progression: - As per the recommendations of the 6th CPC.
(iv) Bonus: - The existing position of application of ceiling on bonus to all employees including Gramin Dak Sevaks should not be disturbed and should continue.
(v) Social Security: - At par with Central Government employees.
(vi) HRA and other allowances: - Proportionate with other departmental employees.
(vii) Leave: - As admissible to other employees should be granted to GDS employees.
(viii) Trade Union Facilities: - Some effective mechanism should be provided to chief executives of recognised unions to carry out the functions of the union.

Your effective intervention on our behalf will be of great value and help and for that the entire Gramin Dak Sevak will be thankful.

With propound regards, Yours faithfully

Name………………….
Designation………..

Thursday, July 9, 2009

Revision of Pay-Scales and Service Conditions of Grami Dak Sevaks of the Department of Posts.

GDS/CHQ/41/1/2009 Dated: 08.07.2009

To,

Shri Pranab Mukherjee,
Hon'ble Finance Minister,
Government of India,
North Block,
New Delhi-110001.

Respected Sir,

The union budget placed by you which is directed towards the common man, the 2.80 lac Gramin Dak Sevaks are looking forward to you for justice to them. In this Connection your kind attention is invited to our letter of even no dated 12.6.2009 with which we have submitted a detailed memorandum on our problems. We are submitting hereunder the substance of the issues. These are very much related to the recommendation of a high power committee under a retired judge of Delhi High Court and partially implemented and still in force.

While the Pay revision of all Central Government employees has been implemented much before, the case of the low paid Gramin Dak Sevaks (earlier called EDAs), whom the Supreme Court has held as holders of Civil post is hanging in balance still. The case finally rests with your honour's ministry.

We, very earnestly and respectfully crave your kind and effective indulgence for the minimum Justice especially with regard to:
(i) Pay scale (Pay-band and grade pay) –
Pro-rata and proportionate to the emoluments of the full time departmental employees.
(ii) Increment: - 3% at par with other employees.
(iii) Assured career progression: - As per the recommendations of the 6th CPC.
(iv) Bonus: - The existing position of application of ceiling on bonus to all employees including Gramin Dak Sevaks should not be disturbed and should continue.
(v) Social Security: - At par with Central Government employees.
(vi) HRA and other allowances: - Proportionate with other departmental employees.
(vii) Leave: - As admissible to other employees should be granted to GDS employees.
(viii) Trade Union Facilities: - Some effective mechanism should be provided to chief executives of recognised unions to carry out the functions of the union.

Your effective intervention on our behalf and sympathetic consideration will be of great value and help and for that the entire Gramin Dak Sevak will be thankful.

With propound regards,
Yours faithfully

(S.S. Mahadevaiah)
General Secretary