VII CPC & GRAMIN DAK SEVAKS
The intensive and
continuous nationwide campaign conducted by Confederation of Central Govt.
Employees & Workers, the unparalleled mobilization of workers in agitational
programmes culminating in massive Parliament March and one day strike on 12thDecember,
2012 , subsequent declaration of strike ballot for indefinite strike has
compelled the Central Govt. to announce the constitution of 7th Central Pay
Commission, ahead of the Assembly and Parliament election. NFPE being the major
affiliate of Confederation has played a leading role in all these agitational
programmes and hence we can proudly say that Seventh Pay Commission is an
outcome of our struggle. Thus the first phase of agitation comes to a
successful end.
Now the most important part remains. Govt. has announced the Pay Commission but
has not disclosed its mind on other related issues such as date of effect,
merger of DA with pay, inclusion of Gramin Dak Sevaks, Interim relief, Pensionary benefits to those recruited on or after 1.1.2004 etc. Secretary,
Department of Personnel and Training (DOP&T) has called the JCM Staff Side
for a discussion on the terms of reference of the 7th CPC on 25th
October , 2013 and heard the view points of the staff side. The leaders of
various organizations of the JCM Staff Side met on 26 October, 2013 and
formulated a consensus proposal regarding the terms of reference of the 7th CPC. In the case of
date of effect, even though the stand taken by Confederation is 1.1.2011,
taking into consideration the view points of other organizations a compromise
formula of 1.1.2014 as date of effect is arrived at i.e., from the 1st January after the
announcement of 7th CPC by the Government.
Regarding DA merger, interim relief, pensionary benefits to those entered in service
on or after 1.1.2004 etc also an agreed formula has been worked out.
Regarding the most important demand affecting 50% of the employees of the
Postal Department i.e., inclusion of Gramin Dak Sevaks under the purview of the
7th CPC, unlike in the
past, this time there is total unanimity among the Staff Side. In the staff side
proposal regarding terms of reference to be submitted to the Govt., it will be
clearly mentioned that the three lakh Gramin Dak Sevaks of the Postal
Department should be brought under the purview of the 7th Pay Commission.
We are not demanding any mercy from the Govt.The Hon’ble Supreme Court of
India, in the case of P.K.Rajamma Vs. Union of India, has made it clear without
any ambiguity, that Extra-Departmental Agents (now GDS) are holders of civil
posts and hence they are civil servants under Article 309 of the Constitution.
Further, the Fourth Pay Commission in its report has also made the following
observation:-
“The matter is, however, beyond controversy after the decisions of Supreme
Court in Gokulanda Das’s case (also called as P.K.Rajamma’s case) where it has
been declared that an Extra-Departmental agent is not a casual worker but
‘holds a post under the administrative control of the “State’’ and that while
such a post is outside the regular civil service, there is no doubt that it is
a post under the ‘’State”. In view of this pronouncement, we are unable to
accept the contention that Extra- Departmental employees are outside the
purview of the terms of reference of our Commission.”
Again, Justice Charanjit Talwar Committee, subsequently appointed by the Govt.,
recommended that ED Agents have to be included within the overall class of
civil servants, being holders of civil posts. The committee further made it
clear that there is no rationale to keep them separately as “a class within the
class” of Central Govt. employees which is against the provisions of Article 14
& 16 of the Constitution of India.
It is in this background, NFPE & Confederation has demanded for inclusion
of Gramin Dak Sevaks under the purview of 7th CPC and conducted one
day’s strike on 12.12.2012. Now that the entire JCM Staff side also agreed to
raise the same demand, we hope that the Govt. shall concede the demand of
entire 30 lakh Central Govt. employees and include the GDS under the terms of
reference. In case, the govt rejects our demand, there is no other way but to
go for indefinite strike.
The postal Joint Council of Action comprising all the Unions/ Associations
affiliated to NFPE & FNPO, has met at Delhi on 19.10.2013 and has decided
to go for indefinite strike, if the Govt. refuses to accept our demand for
inclusion of GDS under the purview of 7th CPC and also
regularization and revision of wages of Casual labourers.
NFPE calls upon the entirety of Postal and RMS employees including Gramin Dak
Sevaks to be ready for an indefinite strike for the cause of three lakh Gramin
Dak Sevaks and the Casual, Part time, Contingent employees who are the most
exploited and down-trodden class of the Postal Department and the entire
Central Govt. Services.
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