NATIONAL FEDERATION OF POSTAL EMPLOYEES
ALL INDIA POSTAL EMPLOYEES UNION GDS (NFPE)
FLASH!
FLASH!! FLASH!!!
FIRST MILESTONE ON legal
fight for GDS DEPARTMENTALISATION
Hon’ble Supreme Court of India has ordered the Delhi High Court
to decide the prayer of NFPE & AIPEU-GDS (NFPE) in writ petition No. 1003
of 2013 to treat the three lakhs Gramin Dak Sevaks as civil servants for all
purposes at par with other regular employees as per 1977 SC Judgment & to
quash the GDS (Conduct & Engagement) Rules 2011.
This is a TURNING POINT IN
THE HISTORY OF GDS
NFPE & AIPEU-GDS (NFPE) DID IT
FINAL LEGAL BATTLE HAS
BEGUN
We shall fight for GDS both legally and
organizationally
Join AIPEU-GDS (NFPE) and strengthen further the fight for the
cause of GDS. Nobody can break the unity among NFPE & GDS. Isolate and
expose those renegades who betrayed GDS and joined anti-NFPE camp and tried to
break the unity between GDS & NFPE. Participation of more than 10000 GDS in
the GDS (NFPE) Parliament March proved that we are already recognised by the
GDS Employees all over India.
Donate Liberally to NFPE Legal Expense Fund
The National Federation of Postal Employees and the All India
Postal Employees Union (Gramin Dak Sevaks) had approached Hon'ble Supreme Court
of India by way of filing Writ Petition (C) No.1003 of 2013. There were
two basic prayers apart from the consequential prayers in the Writ
Petition. These prayers are:-
“(i) that a direction be
issued to the Respondent to treat the Gramin Dak Sevaks as
Civil Servants for all purposes at par with the other regular
members of the civil services and regular employees in relation to all service
matters including the pension and all retiral benefits, and
(ii) the Department of Posts, Gramin Dak Sevaks
(Conduct and Engagement) Rules, 2011 be declared invalid and unconstitutional.”
The matter was heard at some length on 13.12.2013 in Court No.2 as
Item No.8 before a Bench comprising of Hon'ble Mr. Justice R.M. Lodha &
Hon'ble Mr. Justice Shiva Kirti Singh. The Federation and the Union were
represented before the Hon'ble Supreme Court by Shri M.R. Calla, Senior
Advocate [Former Judge of Rajasthan High Court & Gujarat High Court] along
with Shri Uday Gupta, Advocate. Their Lordships were of the view that the
issues raised in the Writ Petition are of importance and keeping in mind the fact
that about 3 lakhs persons are serving as Extra Departmental Agents (Gramin Dak
Sevaks) and are posted at various places in the Country, the issues raised can
be considered by Hon'ble Delhi High Court and this would also avoid
multiplicity of legal proceedings.
Hon'ble Supreme Court vide its Order dated 13.12.2013 directed as
under :-
(i) That Writ Petition (C) No.1003/2013 be
transferred to Hon'ble Delhi High Court for consideration;
(ii) That Registry of Hon'ble Supreme Court to
transmit the entire record and proceedings to Hon'ble Delhi High Court;
(iii) That Registry of Hon'ble Delhi High Court to
register the Writ Petition under Article 226 of the Constitution of India and
proceed with the matter.
See Order below:
ITEM
NO.8
COURT
NO.2
SECTION X
S U P R E
M E C O U R T O F I N D I A
RECORD OF
PROCEEDINGS
WRIT
PETITION (CIVIL) NO(s). 1003 OF 2013
NATIONAL FED. OF POSTAL EMP. &
ANR
Petitioner(s)
VERSUS
UNION OF
INDIA
Respondent(s)
(With office report )
[FOR PREL. HEARING]
Date: 13/12/2013 This Petition was called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE R.M. LODHA
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
For Petitioner(s)
Mr. M.R. Calla, Sr. Adv.
Mr. Uday Gupta,
Adv.
Ms. Shivani M.
Lal, Adv.
Mr. M.K. Tripathi,
Adv.
Ms. Pratiksha
Sharma, Adv.
Mr. Ankit
Achariya, Adv.
Mr.
Mohan Pandey,Adv.
For Respondent(s)
UPON hearing counsel the
Court made the following
O R D E R
Writ Petition is disposed of in terms of the signed order.
(Rajesh
Dham) (Sneh Lata Sharma)
Court
Master Court Master
(signed
order is placed on the file)
IN THE
SUPREME COURT OF INDIA
CIVIL
ORIGINAL JURISDICTION
WRIT
PETITION (CIVIL) NO. 1003 OF 2013
NATIONAL FED. OF POSTAL EMP. & ANR.
Petitioner(s)
VERSUS
UNION OF
INDIA
Respondent(s)
O
R D E R
This is a Writ Petition filed under Article 32
of the Constitution of India by the
National Federation of Postal Employees and All India Postal Employees
Union GDS (NEPE). The principal prayers in the Writ Petition are, (one) that
a direction be issued to the respondent to treat
the Gramin Dak Sevaks as Civil Servants for all purposes at
par with the other regular members of the civil services and regular employees
in relation to all service matters including the pension and all retiral
benefits, and (two) the Department of Posts, Gramin Dak Sevaks
(Conduct and Engagement) Rules, 2011 be declared invalid and unconstitutional.
2.
Having regard to the controversy raised in
the matter, we are satisfied that the grievance of the petitioners can be
adequately considered by the High Court under Article 226 of the
Constitution of India.
3.
Since about three lakh persons serving as Extra
Departmental Agents (Dak Sevaks) are concerned
about the subject matter and they are spread all over the country, we are
satisfied that to avoid multiplicity of proceedings in
different High Courts, it would be appropriate that the
matter is considered by one High Court.
4.
We, accordingly, transfer this Writ
Petition to the Delhi High Court for consideration.
5.
The Registry shall transmit the record and
proceedings of the Writ Petition to the Delhi High Court.
6.
Upon receipt of the record
and proceedings of the Writ Petition, the Registry of the Delhi High
Court shall register the Writ Petition and proceed with the matter accordingly.
7.
So far as this Court is concerned, Writ Petition
stands disposed of.
......................J.
(
R.M. LODHA )
......................J.
(
SHIVA KIRTI SINGH )
NEW DELHI;
DECEMBER 13, 2013
Donate Liberally to NFPE Legal Expense Fund
To
1) All General/Circle/Divisional Secretaries of
NFPE affiliated unions
2) All Members & Well wishers of NFPE
Dear Comrades,
As you are aware for filing a writ petition in the Hon’ble Supreme
Court and also to conduct the case in the Delhi High Court, a huge amount is
required. NFPE’s financial position is not sound. We request all the
General/Circle/Divisional Secretaries of NFPE & AIPEU GDS (NFPE) and also
rank and file members and well-wishers to donate liberally towards Court Case
Expenses Fund. The amount may be remitted to the following address.
SECRETARY GENERAL/FINANCE SECRETARY
National Federation of Postal Employees (NFPE)
1st Floor, North Avenue Post office Building
NEW DELHI – 110001
Donation of Rs. 500/- and above will be published
in the “Postal Crusader” with Name/Division/Circle
With fraternal greetings,
(M. Krishnan)
(P. Pandurangarao)
Secretary General
General
Secretary
NFPE
AIPEU-GDS (NFPE)
Mob: 09447068125 Mob: 09849466595
E-mail:
mkrishnan6854@gmail.com
E-mail:
aipeugdsnfpe@gmail.com
