GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & IT
DEPARTMENT OF POST:: (GDS Section)
Dak
Bhawan, Sansad Marg,
New
Dehil – 110 001
No.19-10/2004-GDS (Part) Dated:10 April,
2012
To
Chief Postmaster
General
Kerala Circle
Thiruvananthapuram –
695 033
Sub:- LIMITED
TRANSFER FACILITY TO GAMIN DAK SEVAKS – CLARIFICATION THEREOF.
This has a reference to
your office letter No.CO/LC/21/OA/12 dated 27th Mar 2012
received only on 29.03.2012 seeking advice if the various categories of the GDS
Posts as prescribed in Rule 3 (d) of GDS (Conduct & Engagement) Rules, 2011
could be classified based on the skills or hierarchy or TRCA slabs within these
categories.
2. The issue has
been examined in this Directorate and I am directed to clarify the position as
under;-
(a) Rule 3 (d) the
Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011
currently recognizes only the five categories of Gramin Dak Sevaks i.e. GDS
BPM, GDS MD, GDS MC, GDS Mail Packer and GDS Stamp Vendor.
(b) With the issue and
implementation of orders relating to downgrading the EDSO's to EDBO's the
category of GDS SPM is not in vogue. For the purposes of TRCA, Gramin Dak
Sevaks are closed as three categories i.e. GDS BPM, GDSMD/SV & GDS
MC/Packer, Their TRCA has been fixed based on pre-revised scales of pay of
the corresponding categories of regular Government employees on pro-rata bases.
Their TRCA is further based on workload assessed as per laid down norms and
slabs.
(c) There is no
concept of higher or lower post or skilled within a category and /or amongst
various approved categories as recognized from time to time.For the purpose of
direct recruitment to MTS Group C post, their seniority is reckoned with
reference to date of entry in any GDS post based on seniority in the concerned
division as a whole. There is no categorization of various GDS posts into
'White Collar' or 'Blue Collar' and such a classification is not also defined
anywhere.
(d) The 'Recruiting
Authority' mentioned in Rule 4 and further defined in the Scheduled annexed to
the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011
is based on working arrangement and for administrative convenience only. As the
Gramin Dak Sevaks are entitled to protection under Article 311 (2) of the
Constitution as held by Apex Court, the concerned authority will exercise
his disciplinary jurisdiction as per the categories of GDS, for which one is
designated as recruiting authority.
(e) The
existing provisions governing Limited Transfer Facility do not prescribe any
restriction for allowing transfer form one category to another and amongst the
various categories of Posts irrespective of TRCA slabs prescribed for these
categories and even from one wing to another i.e., RMS to Postal or vice versa.
The requirement is fulfilled of required qualification and other conditions for
limited transfer facility.
(f) While circulating
the Department of Posts, Gramin Dak Sevaks (Conduct and Employment) Rules. 2001
vide DG letter No. 22-1/2000-ED & Trg dated 24.04.2001, it was clearly
provided in Para 4(ix) of letter dated 24.04.2001 that "executive
instructions issued and published below the respective rules as also those
brought out in other sections such as method of recruitment, etc of Swamy's
Compilation of Service Rules for the Postal ED Staff shall also stand revised /
amended mutandis in keeping with the amended / revised rules. Thus, the
executive instructions providing for method of recruitment issued prior to
circulation of the 2001 rules was provided by amending the Note II (iv) of Rule
3 of Rules and in accordance with the amended provision, limited Transfer
Facility was provided under this Directorate letter No. 19-10/2004- GDS dated
17.07.2006 subject to terms and conditions mentioned therein.
(g) Hon'ble Supreme
Court in the case of UOI Others vs. Kameshwar Prasad 1998 SCC (L&S) page
447 wherein the system and object of engaging EDA's and their status was
considered and adjudicated upon, Held that P&T Extra Department Agent
(C&S)Rules, 1964 are a complete code governing service, conduct and
disciplinary proceedings against EDA's P&T EDA's Rules, 1964 were
repealed and a fresh set of rules replacing the earlier rules was issued under
GDS (Conduct & Employment) Rules, 2001 and thereafter 2001 rules have also
been replaced by GDS (Conduct & Engagement) Rules, 2011.
(h) So far protection
of TRCA is concerned, this Directorate letter No. 14-16/2001-PAP(Pt.) dated
11.10.2004 issued in supersession to all previous provisions provided for
protection of TRCA on reduction of workload and redeployment of staff on
abolition of post and not in cases where redeployment was made on request.
These provisions were not applicable under transfers which have occurred under
Limited Transfer Facility extended to GDS under this Directorate letter No.
19-10/2004-GDS dated 17.07.2006. Para 3 (iii) of this Directorate letter dated
17.07.2006 prescribed that TRCA of the new post shall be fixed after assessment
of actual workload of the post measured with respect to the cycle beat in
respect of GDS MD/MC/Packer/Mail Messenger in this Directorate letter No.
14-11/97-PAP dated 1.10.1987. Based on this analogy, the incumbents of GDS BPM
post in terms of points. This Directorate vide letter No. 19-10/2004-GDS (part)
dated 21.07.2010 prescribed further that on transfer to a new post, the GDS
cannot have any claim for protection of their TRCA drawn in the old post and
his/her TRCA will be fixed at the minimum of the TRCA slab of the transferred
post depending upon the workload of the said post.
(i) The power to allow
transfer under the Limited Transfer Facility is vested only with the
Head of the Circle and not with any other lower functionary. The
position on this has recently been clarified under No.19-10/2004-GDS (part)
dated 19.03.2012.
3. In view of the
foregoing, immediate action may please be taken to get rectified the stand in
conformity with the above. In order to avoid controversies and different stands
before the Court of Law in future, prior consultation/approval of the Head of
the Circle in each court case is prescribed to the mandatory required before
taking a stand before the Court of Law.
Sd/-
(Surender Kumar)
Assistant Director
General GDS/PCC
Copy to:-
All Heads of Postal Circles
except Kerala Circle- for information & disseminating the contenets to the
notice of all concerned for strict compliance.