1. NFPE & AIPEU – GDS
(NFPE) has filed a Writ Petition in the Supreme Court praying to (1) give
direction to the Government to implement the 1977 Judgment of the Supreme Court
to treat Gramin Dak Sevaks as Civil Servants and grant all benefits of regular
employees (2) to give direction to the Government to include Gramin Dak Sewaks
under the purview of 7th Central
Pay Commission and (3) to quash the Gramin Dak Sewaks (Conduct and Engagement)
Rules 2011. Senior Advocate Mr. Justice (Retired) M. R. Calla and Advocate Uday
Gupta appeared in Supreme Court on behalf of NFPE & AIPEU – GDS (NFPE).
2. Hon’ble Supreme Court
after hearing the argument in Writ Petition ordered to transfer the case to
Delhi High Court for a decision after hearing the Government of India,
Department of Posts. In the Delhi
3. In the counter
affidavit filed by Department of Posts it is stated that three Writ Petitions
filed by some Gramin Dak Sewaks (GDS) are pending in the Supreme Court. When we
verified with the Supreme Court records it is learnt that all the three Writ
Petitions filed by some GDS in the Supreme Court are listed for final hearing
on 02.12.2014 (Writ Petition No. 17 of 2009, WP No. 468 of 2009 and WP No. 37
of 2011). Hence NFPE decided to implead in the above Writ Petitions pending in
the Supreme Court and our Impleadment Petition I. A. No. 1 in WP (C) No. 17 of
2009 was also filed in the Supreme Court.
4. On 02.12.2014, the
three Writ Petitions filed by some GDs came up for hearing. After hearing the
Advocate who filed the three Writ Petitions on behalf of some GDS, the court
passed the following orders on 02.12.2014.
“It is submitted by
Mr. Mukesh K. Giri, Learned Counsel appearing for the Petitioners that Union of
India has framed a set of rules called Department of Posts Multi-Tasking Staff
Recruitment Rules 2010, by which the Department of Posts (Group ‘D’ Posts)
Recruitment Rules 2002 has been superseded. He has drawn our attention that
part of the Rules which states as follows:
“Gramin Dak Sewaks are
holders of Civil Posts but they are outside the regular civil service due to
which their appointment will be by direct recruitment”.
It is submitted by him
(Advocate who filed the three Writ Petitions on behalf of some GDS) that in
view of the aforesaid declaration under the Rules, the petitioners can agitate
their other grievances before the Central Administrative Tribunal”.
5. After hearing the
above submission of the Advocate who filed the three Writ Petitions on behalf
of some GDS, the Supreme court adjourned the case to 09.12.2014 to hear the
arguments of our Advocate in the Impleadment Petitions IA No. 1 filed by NFPE
in WP (C) of 17 of 2009.
On 09.12.2014, Mr. Justice (Retd.) M. R. Calla, Senior
Advocate, Appeared and argued the case on behalf of NFPE. Our Advocate argued
for a direction to the Government to grant Civil Servant status and all
benefits of Civil Servants to the Gramin Dak Sewaks.
The Advocate who filed the Writ
Petition has submitted that GDS can agitate their other grievances before the
Central Administrative Tribunal (CAT).
Finally the Supreme Court ordered that
the grievances of the GDS who filed the three Writ Petition in Supreme court
may be agitated before the Central Administrative Tribunal (CAT).
(Copy of the
Hon’ble Supreme court order yet to be received.)
6. The Writ Petition Filed by NFPE &
AIPEU-GDS (NFPE) will be heard by the Hon’ble Delhi
As already stated
above, the Writ Petition filed by NFPE & AIPEU-GDS (NFPE) is now in the Delhi India
7. The above detailed
factual position is explained because daily many GDS from all circles are
calling up over phone to know the correct position of the Court case.
Case
filed by NFPE & AIPEU-GDS (NFPE) will be heard in the Delhi
The other
three Writ Petitions came up for hearing on 02.12.2014 and 09.12.2014 is not
filed by NFPE & AIPEU-GDS (NFPE).
