Regarding the substitutes, the Directorate has clarified the engament of substitute in leave periods and guidelines of substitute arrangement in the place of GDS posts w.r.t letter dated 20/21-10-2002.
Ref :No.6-1/2009-PE.I, Dated : 30-05-2012
GOVERNMENT OF INDIA
MINISTRY OF
COMMUNICATIONS & IT
DEPARTMENT OF POSTS
(ESTABLISHMENT
DIVISION)
Dak Bhawan,
Parliament Street
No.6-1/2009-PE.I Dated : 30-05-2012
All Chief Postmasters General
All Postmasters
General
Sub:- Payment of arrears to the
substitutes of Gramin Dak Sevaks who worked in leave vacancies from 01-01-2006
to 09-10-2009.
Consequent upon the
implementation of One Man Committee recommendations, the matter regarding
payment of arrears to the substitutes of Gramin Dak Sevaks who worked in leave
vacancies from 01-01-2006 has been reviewed.
2. It has now been decided that
the arrears of allowances of the substitutes of Gamin Dak Sevaks who worked in
leave vacancies from 01-01-2006 to 09-10-2009 may be paid on the basis of
minimum of TRCA.
3. The amount of arrears
admissible as per extent rules may be paid to the genuine substitute. There
should not be any double payment. Before making payment, the DDo or paying
authority should take very precaution in this regard.
4. Necessary provision in budget
should be made at appropriate stage and availability of funds will have to be
ensured before incurring the proposed expenditure.
5. The actual expenditure
incurred may be informed to this office immediately after payment of arrears.
6. This issues with the
concurrence of Internal Finance Advice (Postal) vide their Dy. No.150/FA/12/CS
dated 30-05-2012.
Sd.x.x.x
(SURENDER KUMAR)
Asst. Director General
(Establishment)
Copy to :-
(1) Director,
RAK NPA, Ghaziabad .
(2) All
Postal Accounts Office
(3) All
Directors, Postal Training Centres
(4) All
Recognized Unions/Associations/Federations
(5) Guard
File.
//copy//
No.17-115/2001 - GDS
Government of India
Ministry of Communications & IT
Department of Posts
Dak Bhawan
Sansad Marg
New Delhi – 110 001
Dated :
October 21, 2002
To
All Principle / Chief Postmasters General
All Postmasters General
Director, Postal Staff College, Ghaziabad
Directors, All Postal Training Centres
All Directors, Dy. Directors of Accounts (Postal)
Addl. Director General, APS, Army Head Quarters,
R.K.Puram, New Delhi
Sub:-
Guidelines for regulating substitute / provisional arrangements made in place
of regular Gramin Dak Sevaks.
Sir,
References are received from Circles for
regularizing the employment of substitutes provided by regular GDSs during
their periods of leave/absence on the ground that they have been functioning in
that capacity “for a longer period”. A number of cases also stand filed in the
Tribunals and Courts on this issue. Apparently instructions issued from time to
time are not followed rationally by competent authorities in allowing
substitutes to continue indefinitely or for long periods.
2. In this context, I am
directed to draw your attention to the DG (Posts)’s instructions given below
Rule 5 of the P&T ED agents (Conduct & Services) Rules, 1964
corresponding to Rule 7 of the Gramin Dak Sevaks (Conduct & Employment)
Rules, 2001 which, inter alia, stipulate the following.
“During leave, every GDS
should arrange for his work being carried on by a substitute who should be a
person approved by the authority competent to sanction leave to him. Such
approval should be obtained in writing” and that:
“It is necessary for the
appointing authority to ensure that such a substitute is not allowed to work
indefinitely. If the absence from duty of the regular GDS likely to last
indefinitely, the appointing authority should take immediate steps to make
appointment and the person so appointed need not necessarily be the substitute.
3. Instructions issued vide,
this office letter No. 18-37/92-ED & TRG, dated 25/11 enjoined all
Divisional Heads to ensure that long leave beyond 180 days is not granted to
GDS as a matter of routine to avoid substitutes continuing in place of regular
incumbents for long periods.
4. Subsequently, vide letter
No. 19-6/2000-ED & TRG, dated 29-12-2000, the decision of the large bench
of CAT Bangalore on the issue of whether weightage should be given to persons
who have rendered past employment on provisional basis or in the capacity of
substitute or GDS, was circulated. Recently, vide letter dated 19.02.2002 the
judgment of the larger bench of CAT Bangalore mentioned above, has also been
circulated. The said judgment clearly reiterates the position that the
substitutes have not legal right as far as regularization in the Department is
concerned. It also takes note that the Department’s Recruitment Rules for
Gramin Dak Sevaks do not provide for recognization of past service that may
have been rendered by them against any post.
5. In the case of Deviks Guha
v/s Union of India, the Supreme Court has also not recognized the right of the
substitutes for regularization. On the other hand the Apex court has maintained
that substitutes have no legal claim in the basis of having worked continuously
and if there are cases where the substitutes have worked for a “longer period”
it is for the Department to consider the same as to whether there was a proper
case for absorption or not, and pass appropriate orders.
6. The matter has been examined
in consultation with Ministry of Law. Since the Apex Court has hold that
substitutes have not legal claim there can be no definition of the term “longer
period” as absorption of substitutes per se on regular vacancies without
following prescribed procedures of recruitment could lead to nepotism.
7. Thus, it has become
necessary to review and reiterate the existing guidelines relating to
“substitute” arrangement of GDSs. This would also involve clarification of the
status of the substitute, who is provided at the risk and responsibility of the
regular incumbent, vis-a-vis provisional appointees, who are appointed by the
Department to meet an interim need.
8. As per extent orders, a
regular GDS is required to provide a substitute at his own risk and
responsibility but subject to approved by the appointing authority. Hence it is
the duty of the appointing authority to ensure that any ineligible person is
not approved as a substitute and any “substitute” arrangement is not allowed to
continue for long periods. Accordingly, the following guidelines may inevitably
be kept in view while dealing with matters relating to “substitute
arrangements” or their continuance”.
(i) Before resorting of
substitute arrangement the following options may be explored:
(a)
In case of short-term arrangements, as far as possible, work will be
managed, by combining duties and “substitutes” will not be provided in leave
arrangements. In single handed BOs, the work shall be managed by giving
combined duty to GDS Mail Deliver/Mail Carrier (Gramin Dak Vitaraka/Vahak) of
the neighbouring BO/SO in whose beat the BO falls.
(b)
Even in long term arrangements, the combination of duties as in a)
above will restricted to; substitutes will be allowed only if work load of the
BO as well as its financial position justifies which engagement or filling of
the post on regular basis.
(c)
In towns and cities, where departmental officials are also available in
the same office, the possibility of managing the work by regular staff by
combination of duties or by grant of OTA beyond normal working hours may be
explored.
(ii) If substitute arrangement is
found to be unavoidable then it should be ensured that
(a)
No substitute will be allowed to take over charge unless the competent
leave-sanctioning/appointing authority is fully satisfied that the substitute
possesses all the qualification prescribed for that appointment and has been
provided under the risk and responsibility of the regular incumbent.
(b)
Drawing & Disbursing authorities shall not draw allowance of a
substitute unless the claim is accompanied by a certificate from the competent
authority about the possession of requisite qualification by the substitutes
and their approval for making continuing the arrangement.
(c)
Continuation of substitute arrangements beyond 180 days at a stretch
may only be allowed by the authority next higher to the appointing authority
and only in exceptional cases where action has been initiated for regular appointment,
if justified by work load and financial norms.
(d)
No substitute arrangement shall continue beyond one year. Hence
regular/alternative arrangements must be made during the period beyond 180 days
to ensure this. If for any unavoidable reasons a substitute arrangement is
required to be continued beyond one year, specific approval of the Head of
Circle will be necessary for reasons to be recorded by the concerned authority.
9. In the case of provisional appointments, it is clarified that such
appointment should be resorted to only in case where the GDS is unable,
quite unexpectedly, to undertake his duties due to his own action
(unauthorized absence, fraud, misappropriation etc.). Due to circumstances
beyond his control like sudden serious illness/accident/death or because
the department does not want him/her to continue (due to reasons of
misconduct/dismissal/removal/put off duty etc.) in all other cases, action
should be taken well in advance to fill the post on a regular basis. Even
where the post falls vacant unexpectedly, efforts should be made to manage
the work through combination of duties as spelt out in Para 8 (i) (a)
& (c). Similarly even in case of long term deputation of GDS to APS,
action may be taken to full up the post on regular basis and the GDS, on
return from deputation may be suitably adjusted against vacancies in
existence at that given time.
10.
Where
provisional appointment becomes unavoidable, action may be initiated to all the
posts following all the formalities prescribed for regular appointment, but
clearly stipulating that the appointment is on a provisional basis. On no
account should a provisional appointment be made without following every
formality that is prescribed for regular appointment. Since the whole process
will take a period not exceeding 60-90 days, stop gap arrangement may
preferably made at the local level in the interim through combination of duties
or by allowing the GDS from a neighbouring office to function, or by deploying
a Mail Overseer to look after the work. Under no circumstances should such
local arrangement exceed 90 days, approval of the next higher authority is to
be taken on a one time basis for reasons to be recorded in writing.
11. In cases where the incumbent dies in harness there is no objection
to a dependent being allowed to function on interim basis provided the
dependent fulfills the qualification/relaxed qualification applicable for
post fallen vacant? This may only be resorted to if arrangement by
combination of duties is not feasible. However, in such case also such
interim appointment should not exceed one year and every effort should be
made to take a final view within that time frame. It also needs to be
clearly stipulated that such provisional appointment does not entitle the
dependent to claim for the post unless his/her case for compassionate
appointment is approved by the Circle Relaxation Committee.
12. The extent provisions provide for a provisional appointee to be
placed on a waiting list for being considered for a regular appointment
after he/she has completed three years of continuous employment. To avoid
prolongation of such provisional appointments, approval of the next higher
authority should be taken in respect of all provisional appointment
exceeding 180 and where the period exceeds one year express approval of
the Head of the Region/circle, as the case may be, would be necessary.
Where the regular incumbent is not reinstated, immediate action must be
taken to regularize the regularly selected provisional appointee against
the said post without resorting to fresh recruitment.
13. The above instructions may kindly be brought to the notice of all
appointing authorities of GDSs for strict compliance. Any violation of the
above instructions will be viewed seriously and action would be required to
be taken against officials who allow substitute/provisional arrangements
to continue beyond the prescribed limits in contravention of the above
instruction.
14. If any previous instructions on the issues of ‘substitute’ and
‘provisional appointment’ are found contrary to these provisions, the same
will stand superseded by the latter.
15. Receipt of this letter may
please be acknowledged to the undersigned.
16. Hindi version is enclosed.
Yours faithfully,
Sd.x.x.x
(Anad Prakash)
Assistant Director General
(GDS)
Copy to :
(i)
SPB I/SPB II/Vig./Vig. Petition/PAP/PE I/PE II sections
of the Directorate.
(ii)
All Recognized Unions / Federations
(iii)
DDG (PAF) / PA Wing / DDG (M&TS)
(iv)
All Dealing Assistants in the GDS section
(v)
Spare / Guard file.
//copy//
