Wednesday, July 2, 2014
7th CPC -JCM Memorandum with GDS issue
You are well aware that before and after the constitution of 7th CPC for Central Govt. Employees by the Govt., NFPE & AIPEU GDS (NFPE) along with FNPO demanding the inclusion of GDS in the purview of 7th CPC.
With fruitful efforts of our NFPE and Confederation Leadership, focused the genuine and legitimate demands of GDS in the forum of NC JCM and proposed "inclusion of GDS in 7th CPC" in the Terms of Reference and submitted to the Govt.
The Govt. notified the ToR for 7th CPC by excluding GDS and some other prime demands of Central Govt. Employees and fixed the dates to submit Memorandum to the CPC by all Organizations etc.,
NFPE and AIPEU GDS (NFPE) requested the JCM Leadership to include the item of GDS in the Memorandum submitted to CPC accordingly a separate Chapter has been placed in the Memorandum and submitted the same on 30-06-2014 by the JCM Staffside.
Copy of the Chapter :
Grameen Dak Sewaks
We solicit the kind reference of the 7th CPC to the observation made by the 4th CPC in Page No.4, Part-I, Vol-I of their report, which is reproduced for ready reference:
“The matter is however beyond controversy after the decision of Supreme Court in Gokulananda Das Case (1957 1SCR679) where it has been declared that an extra Departmental labour 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 services, there
is no doubt that it is a post under the “state”. In view of the pronouncement, we were unable to accept the contention that the Extra Departmental Employees were outside the purview of the terms of our Commission. They no doubt have their own peculiar conditions of their own service and in that sense their case is some what special. We therefore could not exclude them from our consideration, but we accepted the Government suggestion for the setting up of a one man committee to look into their conditions of service as was done in the 2nd and 3rd Pay Commission. Accordingly, a one man’s Committee under Shri R.R. Savoor was set up vide DG P&T’s Resolution No.6/29/83, PA.II dated 5.11.1984.”
14.2 The argument advanced by the Postal Department that they are outside the civil service except for the purpose of CCS(CCA) Rules (disciplinary purposes) is untenable. That being so, the Gramin Dak Sevaks deserves to be in the purview of the 7th CPC terms of reference. The experiment of getting their wages revised through a One man Committee in the past had resulted in a total deprivation of all benefits other than pay which as civil servants all employees of the Government of India have been bestowed.
14.3 The organizations in the Postal Department who represent the Gramin Dak Sevaks will be submitting an elaborate memorandum containing the proposal for wage revision, revision of the existing benefits and allowances including grant of pensionary benefits for GDS. We request the 7th CPC to consider their memorandum and make appropriate recommendations. We also request that the Commission not to agree with the probable suggestion of the Government to set up a separate committee as was done earlier.