Thursday, November 13, 2014
NFPE & AIPEU GDS (NFPE) STAND ON GDS ISSUES
WHY WE ARE DEMANDING INCLUSION OF GDS IN 7th CPC……...?
WHY WE ARE OPPOSING SEPARATE COMMITTEE FOR GDS……….?
‘Recognized’ GDS Union has signed a ‘respectful’ agreement with the Govt. accepting separate Committee for GDS. NFPE, FNPO, AIPEU GDS(NFPE), NUGDS, Confederation of Central Govt Employees, JCM National Council (staff-side) all are demanding inclusion of Gramin Dak Sevaks’ issues under the 7th CPC. Now Govt is moving ahead to appoint a separate Committee for GDS with the consent of recognized GDS Union.
NFPE, FNPO, AIPEUGDS (NFPE), NUGDS have decided to oppose the move of the Govt and decided to declare indefinite strike from third week of February 2015. Date of the strike will be announced in the Parliament March to be held on 4th December 2014. 20,000 Postal & RMS employees including Gramin Dak Sevaks will participate in the Parliament March.
Why we are opposing separate Committee for GDS …
RECOMMENDATIONS OF JUSTICE CHARANJIT TALWAR COMMITTEE FOR GDS (REPORT SUBMITED TO GOVT ON 30-04-1997)
.......... in its Report Chapter-IX para-1.1 “It is therefore recommended that when ever it required to review the service conditions and wage structure of the employees of Department of Posts, ED Agents be bracketed along with departmental employees. There is no need to set up a separate Committee or Commission for the Extra Departmental Agents”
RECOMMENDATIONS OF THE FOURTH CENTRAL PAY COMMISSION CHAIRMAN JUSTICE (RETD) SHRI SINGHAL OF SUPREME COURT OF INDIA –
“‘the matter is beyond controversy after the decision of Supreme Court of India in Gokulanda Das’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”
STAND TAKEN BY DEPARTMENT OF POSTS IN DO LETTER No.17-13/2014-GDS dated 17-02-2014 ADDRESSED TO DEPARTMENT OF PERSONNEL & TRAINING –
“The demand for inclusion in 7th CPC based on the definition of the expression ‘Central Govt. Employees adopted by 4th Central Pay Commission in para 1.11 of the report “as all persons in the Civil Services of the Central Government or holding Civil Posts under the Government and paid out of the consolidated fund of India” and its observations in para 1.17 & 1.18 - besides Apex Court’s judgement dated 22-04-1977 in the matter of Superintendent of Post Offices Vs. P.K.Rajamma regarding Gramin Dak Sevak services (earlier called Extra Departmental Agents) as holders of the civil post outside the regular civil service”….. 4th Central Pay Commission has categorically stated in para 1.10 that the expression ‘Central Govt Employees’ has not been defined in the Constitution or any other Law. It thus seems appropriate, if this term is duly defined based on which a final view over the inclusion of Gramin Dak Sevaks with in the purview of 7th CPC becomes possible”
REPLY GIVEN TO SECRETARY GENERALS OF NFPE & FNPO BY THE DEPARTMENT OF POSTS (Letter No.08/01/2014-SR dated 18-02-2014) –
“your demand for inclusion of GDS in the 7th Central Pay Commission has been referred to DoP&T for a decision in the matter”
REPLY GIVEN TO NFPE & FNPE, AIPEU GDS (NFPE) & NUGDS (Postal Joint Council of Action) BY THE SECRETARY, DEPARTMENT OF POSTS (Letter F.No.9-10/1997-SR dated 29-10-2014) –
“Request for inclusion in the 7th CPC stands referred to Ministry of Finance, Department of Expenditure vide Department of Posts ID No.17-13/2014-GDS dated 17-02-2014.”
Where as ……….
RECOGNIZED GDS UNION’S STAND (Printed in their office journal ‘Rural Postal Employees for the month of April 2014: page-2) –
“One man GDS Committee more independent than a Judge heading a Pay Commission with other members”
“Mr. Destructor (i.e., Com. M. Krishnan, then Secretary General, NFPE), if you can’t do any good to employees, please do not mislead GDS employees”.
Now, recognized GDS Union General Secretary submitted memorandum to Communications Minister and Secretary, Department of Posts, demanding separate committee for GDS. Further he wrote to the Department not to allow NFPE & FNPO to take up the GDS cases with Department.
WHO IS MISLEADING GDS.......?
NFPE & AIPEU GDS (NFPE) is not misleading GDS. It is the recognized GDS union General Secretary who is misleading GDS, by signing a ‘respectful’ agreement with the Govt accepting separate Committee for GDS. The recognized GDS Union has cheated three lakh Gramin Dak Sevaks.
NFPE & AIPEU GDS (NFPE) FIGHTING LEGALLY ALSO ….
While continuing our organizational fight for emancipation of three lakh Gramin Dak Sevaks by conducting series of agitational programmes including Parliament March and indefinite strike NFPE & AIPEU GDS (NFPE) is conducting legal battle also for departmentalization of GDS. We have filed a Writ Petition [No. WP (C) 1003 of 2013] in the Supreme Court of India praying for Departmentalization and grant of Civil Servant Status for GDS as pronounced by the Supreme Court in the landmark judgement of Rajamma’s case in 1977.
Hon’ble Supreme Court, after hearing the Writ Petition directed Delhi High Court to hear the case on behalf of three lakh Gramin Dak Sevaks and deliver judgement.
Now the case is transferred by Supreme Court to Delhi High Court and registered under No..WP(C) 168 of 2014. Two sittings are already over. Govt of India, Department of Posts has submitted their reply statement. Now we are filing our rejoinder to the reply statement. Case is listed for hearing in Delhi High Court on 04-02-2015.
LET THE EMPLOYEES DECIDE WHO IS THE REAL CHAMPION FIGHTING FOR GDS
WHO IS CHEATING THE GDS IN THE NAME OF ‘RECOGNIZED’ GDS UNION.
.......YOU CAN CHEAT SOMEONE FOR SOME TIME …....
.....BUT YOU CAN NOT CHEAT EVERY ONE FOR EVER....