7th Pay Commission Memorandum submitted by NFPE, AIPEU GDS on Gramin Dak Sevaks of Department of Posts

I . GRAMIN DAK SEVAK SYSTEM IS AN ANORCHISM – SCRAP GDS SYSTEM

National Federation of Postal Employees and AIPEU GDS (NFPE) conducted two days strike on 12 &13th Feb 2014 demanding to remit the GDS issues to the Seventh Pay Commission. The Postal department based on the demand has referred the case to DOPT to clarify the 4th Central Pay Commission’s observation in para 1.10 that the expression of Central Govt employees has not been defined based on which a final view over the inclusion of Gramin Dak Sevaks within the purview of 7th CPC becomes possible. The Department has communicated to National Federation of Postal Employees that the demand for inclusion of GDS in the 7th Central Pay Commission has been referred to DOP&T for a decision in the matter.

With due respect and regards we request the Chairman Seventh Pay Commission, to consider the GDS issues which are submitted in details in the chapters following this preface and render justice to this exploited, poor category of employees in the Department of posts as if Justice Talwar has observed and ended his recommendations as ‘The week and down trodden need protection’.

1.They are Extraneous not Extras.

As per the report contained in ‘Outline of Postal History and Practice’ released by Mr. Lvie. G.J. Hamilton in the year 1910, the EDAs were termed as ‘extraneous agents’, which were confined to Branch Postmaster class only. It was only in 1926 that the ED system was extended to include ED Runners & Extra Departmental Delivery Agents.

2.Observations by earlier Pay Commissions`
The First Central Pay Commission was of the considered view that the ED Agents fall within their purview. The Second and Third Pay Commissions excluded them from consideration mainly on the grounds that the Dept of Posts had treated them as Agents and a class apart from the regular departmental employees.
The Third Pay Commission on the plea of the Department specifically observed that the ED Agents were not holders of Civil Posts. However the Fourth Central Pay Commission did not agree with that perception. It was observed by the Fourth Pay Commission that it was beyond controversy and that ED Agents were holders of Civil Posts.

3.GDS are holders of Civil Posts
The G.D.S employee does all the work that is done by the departmental employee and he is also deemed as a holder of civil post. There is no ground or rationale or whatsoever to term them as Agents and it is nothing but to deprive them of the benefits to which the departmental employees are entitled. The Supreme Court has also held on 22.7.1977 that the ED Agents are holders of civil post under the State, even though the posts are outside the regular civil service. It emphasized that ED employee (now called as Gramin Dak Sevak) is not an Agent, not a casual labourer and not a part time worker but he is the holder of civil post outside the regular service and therefore declared that Article 311 (2) of the Constitution of India is attracted.

4.Landmark judgements of the Apex Court
It will also be very pertinent to refer to certain verdicts of the Supreme Court about the employment of casual labour, contract labour etc. in the landmark judgments, the Court directed the Government.

5.Savoor’s unrealistic conclusion
“The person concerned must be one who has an adequate means of livelihood. This condition is already there. But this is one condition, which is disregarded in the matter of making appointments. Whatever, we give must only be a symbolic supplement. If the allowance we give should serve as a supplement it follows that the income of the Agents gets otherwise must be substantial enough to make our contribution just supplementary. There must be absolute insistence that a person who takes over the agency must be one having an adequate source of income. The insistence on this be such that in case he loses his main source of income he should be adjudged as incurring a disqualification to continue the agency. This clause must be vigorously and strictly conformed to.”

6.Justice Talwar Committee Recommendations & Govt’s rejection
The Government had rejected almost all the recommendations summarily without applying mind properly, causing injustice to these poor plighted categories.
The Extra Departmental Agents were treated on the same footing as Government servants and, eventually, as civil servants in view of promulgation of the statutory rules under the proviso to Article 309 of the Constitution in the year 1959. The reasons for which these rules were repealed and non-statutory P & T ED Agents (Conduct & Service) Rules, 1964 promulgated, have been found to be erroneous.
More than ninety percent of the positive recommendations of the Justice Talwar Committee were rejected by the Government and the package issued vide Directorate letter No. 26-1/97-PC & ED cell dated 17.12.98 becomes final and full settlement of the Justice Talwar Committee report resulting continuation of exploitation of labour in the Postal Department.

7.The week and downtrodden need protection
The phrase containing in the opening page of the Justice Talwar Committee “The weak and down-trodden need protection” is thrown to dustbin along with the Justice Talwar Committee report, which we respect as the ‘Magna Carta’ for the liberation and emancipation of the down-trodden ED employees. If the report is unearthed again and implemented straight away it will render real justice to this category

II .. GDS EMPLOYEES – HOLDERS OF CIVIL POSTS
“Specific Recruitment, Disciplinary and Appeal Rules for the ED Agents were framed by the Director General P&T Department in the year 1935 and by the year 1947, as had been noticed by the First Central Pay Commission, the ED Agents were subjected to Government Conduct Rules and Postal Regulations. Thus, their status was recognized as Government Servants and eventually, in the year 1959, as civil servants by promulgation of the statutory rules under the proviso to Article 309.”
“The view of the Government of India that Extra Departmental Agents were civil servants within the purview of Article 309 of the Constitution was later on considered by them to be erroneous. The reasons which led the Government of India to change that view need examination:”

1.EDAs were treated as not-whole time employees, but they were Govt. servants
Justice Talwar while tracing out the History and treatment of ED Agents as civil servants observed that in the year 1901-02, the ED Agents assisted during the ‘Census’ in the year 1901 which highlights the fact that they were being treated by the department on the same footing as that of other regular Government employees. In all the Annual Reports since 1900-01, the ED Agents have been referred to as “not -whole time servants” of the Government. The concept of ‘not whole time Govt employee’ is recognized under the FR & SR 1922.

2.Government should be a model employer
The Government should be a model employer and should honour the law of the land and the directive principles of the State policy as adumbrated in the Constitution of India. It is unfortunate that the Government is resorting to taking decisions, which deny the legitimate entitlements of the ED employees.
3.Denial of civil status is misconceived & untenable
The Central Administrative Tribunal, Ernakulam Bench while disposing the OA No 584/95 on 23.01.96 has observed inter alia: – “we find no warrant for reading the restriction into the declaration of law in Rajamma’s case and limiting it to Article 311. The declaration is that Extra Departmental Agents are holders of civil posts.”

The department’s conclusion that ED Agents being outside the regular Civil Service are not to be considered as civil servants excepting for the purpose of disciplinary inquiry is a misnomer, misconceived and untenable.

4.R.R.Savoor Committee on Civil Status to EDAs
“……..There are, however, certain limitations in prescribing pay scales for Extra Departmental employees because the supporting accounts procedures and establishment would be an enormous involving maintenance of regular service records and other particulars like leave, increments and so on. In view of this, separate scales are not recommended.”

5.EDAs are Civil Servants – Justice Talwar
“The Extra Departmental Agents have to be included within the overall class of civil servants, being holders of civil posts. They can be grouped as ‘additional’ to the departmental employees, but they cannot be classified as a class apart from the civil servants. At any rate they cannot be classified with the sole object of not granting them benefits which accrue to a departmental employee.”

6.Other related justifications including legal decisions
……..“The Rules make it clear that these Extra Departmental Agents work under the direct control and supervision of the authorities who obviously have the right to control the manner in which they must carry out their duties. There can be no doubt therefore that the relationship between the Postal authorities and the Extra Departmental Agents is one of master and servant”.
…….. Hon’ble Supreme Court in the case of Theyyam Joseph reported as (1996) 8 SCC 489 also held that the EDAs are Civil Servants regulated by the Conduct Rules and by necessary implication they do not belong to the category of workmen attracting the provisions of the Industrial Dispute Act, 1947.
……. The legal position, as per the law of the land (Rajamma’s case AIR 1977 – S.C. 1677) is that the ED Agents employed by the department, though they are not employed on whole time basis, cannot be termed as ‘agents’ because of their relationship with the Government which is that of master and servant.
……. Hon’ble Supreme Court in Gokulananda Das’ case decided on 22.04.77. Reported in AIR 1977 SC 1677 wherein, it has been categorically held that ED Agents are holders of civil posts.
……”We find no warrant for reading the restriction into the declaration of law in Rajamma’s case and limiting it to Article 311, the declaration is that Extra departmental agents are holders of Civil post”.
(OA. No. 584/95 decided on 23.1.96)

7.We demand
……… Declaring the GDS employees as holder of Civil Posts for all purposes and extension of all benefits of Departmental employees to Gramin Dak Sevaks also.
……… Scraping the nomenclature of ‘sevak’ and declare them as ‘Rural Postal Employees’ of the Department of Post under a separate category.
………. Make the GDS full-time Government servants by extending various innovative schemes under Human Resource Development, which has been championed by the Planning Commission and Central Government.

    III .. DEPARTMENTALIZATION OF GRAMIN DAK SEVAKS

1.Denial of Departmentalization
Except conduct and service and application of disciplinary provisions, no other benefits available to the Departmental employees are extended to the ED employees. The question of Civil Servant Status and consequent departmentalisation of ED Agents (GDS) remains pending for long and is denied continuously on one pretext or the other.

2.Justification for Departmentalization
As per Justice Talwar Committee’s assessment & observations based on scientific survey conducted by it, 95.70% joined the postal department as ED Agents hoping to get full-time absorption and only 4.08% took it as a side occupation. Thus the ED Agents are solely depending upon their wages for their livelihood.
It can positively be said that at least 72% of the ED Agents do not have ‘adequate means of independent livelihood’ as they fall below the poverty line. In the present set up of the social – economic structure of rural areas, the daily wage for an agricultural labourer has been fixed much above the daily rate of an ED Agent.

3.Reasons for non-departmentalization had no justification
Hesitation is due to the cost equation and the Government’s capacity to pay. If all the ED employees are departmentalised by scrapping the existing GDS system with eight hour work load on each official by assigning various new works to improve the functioning to make it more remunerative will overcome the problem. This vast infrastructure will really be an invaluable asset to the department in this era of e-commerce and e-governance and not at all a liability.
Another reason stated for non-departmentalisation is that more than 75% of the ED employees are having less than two hours work. This is far away from the truth.
If the post offices are kept open for more hours and introduces with more new items of work, there is every possibility of increasing the workload. There is every possibility of increasing the work hours justifying to full time departmentalisation.

4.Grant of full-time Departmental Employees’ status is also viable
The existing GDS Posts having not less than five hours of work may immediately be converted into full time departmental posts for absorption of GDS treating them as Civil Servants.
If the Branch offices are being computerized as per IT Modernization & Rural ICT plan, there is every scope of introducing various works, including the independent function of POSB at BOs. The workload will be increased manifold. The BOs should also be utilized optimally.
If proper time factors are fixed, this will facilitate the creation of full time posts for absorption of GDS with Civil Servant status as a full time Govt. servant.

5.Departmentalize the GDS as one-time measure by scrapping the system
While granting Civil Servant status to the existing GDS employees and also while exploring the possibilities of making them full time civil servants, further employment of GDS employees to man the postal services may be stopped and the very expansion of the system of GDS may well be dropped.
6.Residual problems arising out of proposed departmentalization of GDS
The immediate problem posed to the department, if the departmentalisation is agreed to, is the housing of such Departmentalised Branch Post Office. For this, we suggest payment of reasonable rent.

7.Conclusion
The Department is still not having a vision to regularise the abundant number of GDS as civil servants and utilize their services optimum. We are confident that the Commission my recommend for grant of Civil Servant status for all purposes to GDS and departmentalization of GDS in true spirit by considering the above submissions.

IV .. JOB EVALUATION OF GDS

1.Identical duties of regular staff
The various categories of GDS carry out exactly the same type of work, which the regular departmental employee performs.

2.GDS Branch Post Master
The GDS BPM is performing the duties more or less identical to the duties of the Postal Assistants. They are selling stamps, booking registered articles, Money orders, handling SB work, etc. They should be aware of all the ruling positions in respect of all the transactions taken place in their offices.
The GDS is himself the Supervisor for all the works performed by him. They should also exercise control and supervision over other staff attached to their office.

3.GDS Mail Deliverer
The GDS MD performs the delivery work in the same manner as a departmental Postman does. The duties of the GDSDAs are as responsible and arduous as of a departmental Postman.

4.GDS Mail Carrier
The GDS mail carriers are required to exchange mails at the prescribed stages/ Post offices/RMS offices in the same manner as departmental Group D (MTS) or Mail Peon. They are doing similar & identical duties of their departmental counterparts.

5.GDS Mail Packers
The GDS Mail Packers are mostly employed in departmental post offices for all duties similar to that of Group D. They are the most exploited categories even though there are performing more than five hours to eight hours work.

6.GDS Stamp Vendors
These posts were created whenever the sale of postage stamps exceeds Rs.3500/- per day, the objective being that the public need not queue up at regular counters conducting other business just for purchasing some stamps.

7.GDS Messengers
Most of the messenger Posts have been abolished due to take over the work of telegram delivery by Telecom and no telegram service is now available. At present, there is no existence of GDS Messenger posts in the Department of Posts.

8.GDS Mail Men
GDS Mailmen appointed in Railway Mail Service (RMS) are doing the work similar to that of Departmental Mailmen.

9.Conclusion
The different categories of GDS employees and their departmental counterparts are given below:
GDS BPM – Postal Assistant (incharge of single handed Deptl. PO)
GDS MD / GDS SV – Postmen
Other GDS Categories – MTS

V .. WAGE STRUCTURE
Justice Talwar Committee in its concluding observations in their report, it is stated inter alia: -
“It is, therefore, recommended that whenever it is required to review the service conditions and wage structure of the employees of the Department of Post, ED Agents be bracketed along with the departmental employees. There is no need to set up a separate Committee or Commission for the Extra Departmental Agents.”
(Para 1.1 Chapter IX)
i) No ED Agent would be employed for less than five (5) hours of work per day.
ii) They may be permitted to work for a maximum of 8 hours as per workload & ½ hr lunch break
iii) The present nomenclature of ‘TRCA” (Time Related Continuity Allowance) should be dropped. The wage should be termed as “pay” which entitles all other allowances being granted to whole time departmental employees.
Wages may be paid on a pro rata basis of payment (subject to a minimum of 5 hours) to corresponding whole time departmental employees, detailed as below:
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