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Chapter I INTRODUCTION 1.1 After having established in India one and half centuries ago, the postal department spread its branches to provide shade to entire country with roots spread to nooks and corners of the country without a inch left, does directly mean that postman and postal facilities are provided everywhere in the country without any exception. This could be made possible for postal department with its 3 lakhs departmental officials and 3 lakhs Gramin Dak Sevaks (earst- while Extra departmental Agents). These Gramin Dak Sevaks are further classified as follows. a) GDS Sub and Branch Post Masters. b) Other GDS i) GDS Mail Deliverers. ii) GDS Mail Carriers. iii) GDS Mail Peon. iv) GDS Stamp Vendors etc., 1.2 The history of this ED services are discussed here under pin pointedly with versions and judicial pronouncements, in short as it has been focused many a time before such committees, courts and department. 1.3 The department rendering its services with the following organizations. a) Operative Post Offices. b) Administrative Offices. c) Foreign Post. d) Return Letter Offices. e) RMS Offices. f) MMS Offices. g) Stores Depots. h) Stamp Depots. i) Accounts Offices. 1.4 These operative post offices are further classified as, a) Departmental Post offices are established as Head Offices and Sub Offices mainly established with departmental officials working on split duty for 7 hours or continuous duty for 8 hours with all benefits 1

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Page 1: Chapter I · Web viewChapter I INTRODUCTION After having established in India one and half centuries ago, the postal department spread its branches to provide shade to entire country

Chapter IINTRODUCTION

1.1 After having established in India one and half centuries ago, the postal department spread its branches to provide shade to entire country with roots spread to nooks and corners of the country without a inch left, does directly mean that postman and postal facilities are provided everywhere in the country without any exception. This could be made possible for postal department with its 3 lakhs departmental officials and 3 lakhs Gramin Dak Sevaks (earst- while Extra departmental Agents). These Gramin Dak Sevaks are further classified as follows.a) GDS Sub and Branch Post Masters.b) Other GDS

i) GDS Mail Deliverers.ii) GDS Mail Carriers.iii) GDS Mail Peon.iv) GDS Stamp Vendors etc.,

1.2 The history of this ED services are discussed here under pin pointedly with versions and judicial pronouncements, in short as it has been focused many a time before such committees, courts and department.

1.3 The department rendering its services with the following organizations. a) Operative Post Offices.b) Administrative Offices.c) Foreign Post.d) Return Letter Offices.e) RMS Offices.f) MMS Offices.g) Stores Depots.h) Stamp Depots.i) Accounts Offices.

1.4 These operative post offices are further classified as,a) Departmental Post offices are established as Head Offices and Sub

Offices mainly established with departmental officials working on split duty for 7 hours or continuous duty for 8 hours with all benefits being provided by the Govt. of India. Off course here and there GDS assistance is also given to these offices besides part time contingent workers.

b) These are established in Cities, Major Towns and important major Panchayats with 25,444 offices out of 1,54,822 offices functioning in entire country. Their existence is on competition with schedule banks and main

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couriers on commercial basis and the department can be termed as commercial to the extent of these HO’s and SO’s. These offices are having only accounts jurisdiction over extra departmental offices.

c) 1,29,378 Extra Departmental offices (GDS) are located in entire country with service motto opened for 3 hours as per records to serve the rural public with Branch Post Masters, Mail Deliverers and Mail Carriers or on combination of such duties. GDS BPM’s are paid for 3 hours on point system and GDS MDS and GDS MCS are paid for up to 3 hours, 3 hours 45 mts or 5 hours as the case may be. As these workers are working for limited hours, their allowances are so fixed on pro-rata basis without other departmental facilities other than pay and allowances drawn on pay rolls as that of departmental offices.

1.5 What is ED (GDS):- This is a different class neither departmental nor part time contingent which is not existing in any other departments under Govt. of India.a) Before changing the name as GDS, it was termed as ED agent. It was

established to provide essential services to the rural public with a motto that the agent has sufficient livelihood or he can go for some other appointment. But practically what second appointment can be provided for these workers either by public or by Government. Rural India mainly based on Agriculture and the job opportunities are for only agricultural labour. These officials working continuously or on split cannot provide their time for agriculture during day time i.e., the time for agriculture. Now a days the department widening its activities and these GDS workers have no time to go for any second appointment. As such the motto of GDS is part time should be scrapped.

b) More over these ED agents are getting monthly salary at minimum 2295+107% DA = 2295+2456 = Rs. 4751 per month i.e., 153 per day which is just equivalent to the wages of a wage seeker working in Mahatma Gandhi NREG Scheme which is also said to be under revision. The State Government has fixed Rs. 342/- per day to a outsourcing semi skilled worker. With this meager allowance of Rs. 153/- per day without another job opportunities, he cannot survive even spending more time at BO though as such the motto of GDS is part time should be scrapped.

c) Earlier it was called as ED agents and now renamed as Gramin Dak Sevak. He cannot be termed as an agent. As he is neither getting honorarium nor fees as he is not getting fixed amount for the services rendered. He is getting allowances variable, changing time to time with DA

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and annual increase. More over there is no client contractor relation between the GDS and department. The department is the owner for some items of work and agent for some other items of work and directly paying allowances to GDS from his funds. As such GDS is not at all an Agent.

d) There is no master servant relation between the department and GDS. The GDS is working for the department along with other departmental employees. As such he should be termed as employee only.

e) He is neither casual labour nor contingent worker. Such cadres in the department are not engaged on Sundays and holidays and getting their money through money receipts, where as the GDS is getting allowances through pay rolls for entire month. As such they cannot be treated at par with casual labour or contingent. As such the GDS should be treated as employee only.

f) To treat GDS on par with departmental employee the work hours so fixed up to 5 hours for

him may come in the way. The work hours fixed for GDS are age old. To see its justification

the following illustration may kindly be seen.

BO No. of Accounts Standing (Actuals)SB RD RPLI NRE

GSocial

Service Pensions

A 214 647 597 695 344B 989 809 673 413 638C 331 616 371 1505 1399

Total 1534 2072 1641 2613 2281Average 511 691 547 871 760

Work Load Mts

SB Deposits (At present Manual) 511/30 = 17 x 3 = 51SB Withdrawal (At present Manual) 511/30 = 17 x 5.5 = 94RD Deposits (At present Manual) 691/30 = 23 x3 = 69RPLI Deposits (At present Manual) 547/30 = 18 x 3 = 54NREG Withdrawal (On Computer) 871/30 = 29 x 2.5 = 73Social Service Pensions (On Computer) 760/30 = 25 x 2.5 = 63Accounts Preparation = 30

Total = 434i.e., 7 hrs 14

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mts.

In addition to the above work load he is attending to Receipt, Opening, Sorting, Closure and dispatch of Bags, sale of Stamps, Money Orders issued and paid, Receipt delivery and deposit of Unregd. Mail, Booking and dispatch and receipt and delivery of Regd. And Speed post mail etc. Calculating factors for these works may take suppose at least 2 hours. Then total work load at a B.O comes to 7 Hrs 14 Mts + 2 Hours = 9 Hours 14 Mts which is not less than a departmental employee works. As such GDS BPM should be treated as a departmental employee.

f i) One may say coming to conclusion on study of 3 BO’s is not appropriate. In this connection we boldly say that the figures furnished by us gives the total picture of the Department. To establish the same, the figures given by the Department of Posts that are furnished here under may be perused.

Total number of PO’s: 154822% of Rural PO’s : 89.84 i,.e 139093Number of Rural BO’s : 129378Number of Rural SO’s: 9715 approximatelyNumber of Departmental Offices: 25444Number of Urban offices: 15729

The % of Rural SO’s in comparision with Rural PO’s 9715*100/139093=6.98 i.e 7% remaining 93% are Rural BO’s only.

The following social security schemes are taken up by Department of Posts, out of which 93% of the said work is being managed by present GDS BO’s.Pension Schemes:

* National Old age pension scheme.* National widow pension scheme.* National Disability pension scheme.

These payments are being effected either through money orders or Post Office Savings Bank accounts, where as in Andhra Pradesh these payments are being effected through Bio-metric machines as “Adhar enabled services”.

In 2012-2013, more than Rs.8137.9 million have been disbursed through 8.44 million accounts and more than Rs.32000 million have been paid through 42.8 million money orders. This Rs.3200/- crores was paid to pensioners during 2012-2013 was mostly from GDS BO’s @ 93% i.e Rs.2976/- crores. Out of

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8.44+42.8=51.24 million i.e. 512.4 Lakh accounts, the quota of GDS BO’s @ 93% i.e 476.5 Lakh. These 476.5 Lakh pensions are being cleared by 129378 BPM’s. Every BPM is paying 368 pensions per month i.e at an average of 4419.6 per BO per annum.

Here one thing to be considered, this poor BPM paying pensions to 732 pensioners on social security measure is not assured of his retirement life. After having putin 40 years of service approximately retiring on superannuation is being throughnout from the Department on getting Rs.60000 gratuity and Rs.60000 severance totally Rupees one lakh twenty thousand as one time settlement to lead the remaining life, entire family and self. The Govt. Which is very kind enough to see the security of social security pensioners should have a glance on the agent pays them their pensions in total service, is leaving the Department without any benefit and with sheded tears. If at least rupees 1000 being paid to social security pensioners is paid to their agent who did the said service, in his service, the action of the Govt can be defined as a justified one. It is not untrue to say there is no other poor man in the country as no official served under Govt in many Departments or unable’d citizens of India to this GDS official retired. From Govt side no security was given to GDS from that day following the date of retirement.

f ii) MGNREGA

The same conditions are prevailing in respect of MGNREGA payments also. MGNREGA figures furnished by Department of Posts are reproduced here under. MGNREGA Act provide at least 100 days of guaranteed wage employment in every financial year to every household. Disbursement of MGNREGA wages is being made through around 94000 Post Offices across India through Post office Savings Bank Accounts and through bio-metric system in some states.

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Year wise payment of MGNREGA wages through Post Offices. Year No. Of accounts in million Amount disbursed in

million2008-2009 29.2 386302009-2010 42.5 790002010-2011 49.0 917902011-2012 53.6 786002012-2013 57.4 120140

Total amount disbursed 40816057.4 million accounts i.e 574 Lakh are being cleared every year. The BO

share is @ 93% i.e 533.8 Lakh which is being paid through 129378 BO’s i.e 428 accounts per month i.e 5136 per annum which is much higher to our calculations based on the average of 3 BO’s i.e 871.

f iii) Rural Postal Life Insurance :

In respect of RPLI the position is say 20.71 million RPLI policies are existing as furnished by the Department of Posts during 2012-2013. Now it may be more. This 20.71 million policies are sufficient to justify our argument. The BO share @ 93% in 20.71 million i.e 207.1 Lakh i.e 192.6 Lakh which is for 129378 GDS BO’s, and at an average 160 per month. I.e 1920 per annum which is much higher to our calculation based on average of 3 BO’s we studied.

In all the above three cases i.e Social Security Pension, MGNREGA, RPLI the figures we took are much less to the entire country’s figure. How ever we are proceeding with the figures which we assessed for calculations, even on those figures the work load of a BPM per day comes to 9 hours 14 mts.

As such not only these figures, all figures, all statements, all comparison, all suggestions are real stick and not beyond truth.

g) To consider a GDS as a departmental employee income and cost may come on the way. If commission of SB and RD is taken solely for the purpose of a BO, the figures now being assessed are in another way. If only SB and RD

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are taken that is as follows.

TYPEAverage No. of

AccountsCommission received per A/c as

on day (Rs.)

TotalAmount

(Rs.)

SB 511 175.46 89,660RD 691 175.46 1,21,243

Total Amount (per anum) 2,10,903Rs. 17,575 per month

To this income if income on articles received for delivery, posted for dispatch, MO issue commission and MO paid commission are added it will be somewhat increased. If commission on RPLI, NREG, Social Service Pensions are added the income of a BO will be multifold. Then classifying BO’s on Income to Cost as below 10%, below 33 % or upto 100% is not correct. This is happening why because appropriating Rs. 2.93 Np. per SB and Rs. 1.70 Np. per RD out of Rs. 175.46 Np. Received per account. As such no BO is running on loss practically and GDS can be made departmental.

h) Then question of fate of the department may arise. Undoubtedly the department is doing Accounts suspension, administrative supervision, Accounting at Accounts Office and HO, Inspection and investigations for which around Rs. 173 are allocated leaving less at base. For this total GDS pay and allowances may be met by Ministry of Finance seizing commission on SB and RD accounts standing at BO’s without touching commission of NREG and SS Pensions. The postal department may take the mails, MO’s, registration, stamps sale work and commission on NREG, SSP as reciprocal work for his doing Accounts work, Accounts Supervision, Administrative supervision, at SO and above level. Ministry of Finance may take the Accounts work, Accounts Supervision, Administrative Supervision done by Postal Department as its reciprocal benefit for doing mails work, registration work, and delivery work, sale of

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stamps and MO’s work and conveyance of mails of Department of Posts at BO level. In nutshell the solution is as follows.1) All GDS Bo’s may be converted into departmental BO’s.2) All GDS staff should be treated as departmental employees

holding civil posts.3) Total expenditure on staff at BO level may be met by Ministry of

Finance.4) Commission on SB and RD accounts standing at BO may be kept

with Ministry of Finance only.5) Accounts work, Accounts supervision, Administrative Supervision

by Department of Posts may be taken up as reciprocal services for services received at BO’s such as Mails, Delivery, Stamp Sale, Registration, Speed Post, MO’s, NREG and SSP.

6) Mails, Delivery, Stamp sale, MO’s, NREG, SSP at BOs may be taken up by Ministry of Finance as reciprocal services for its work done at SO and above level such as Accounts, Accounts supervision, Administrative supervision.

7) Commissions on services such as NREG, SSP may be kept by postal department as it is received from different sources.

8) Department of Posts may increase it revenues at SO and above level at par with scheduled Banks and Couriers as those banks and couriers are being survived with the same limited jurisdiction.

9) For doing Inspections and Investigations of Rural POs by Postal Department and for supply of forms and stationary to Rural Pos, the subsidy to the tune of Rs. 650/- crores (approximately) may be paid to Postal Department by Govt. of India.

i) Using extra departmental which used earlier for cheaper maintenance is not justified in the present vast developed stage. For that the following data given as per Justice Talwar Report may kindly be seen.1837: District level Postal System and Imperial Postal System were

maintained (As per Rajan in Justice Talwar Committee Report).1867: Introduced Branch Offices in imperial postal system and were put

in the change of school masters. (As per Rajan in Justice Talwar Committee Report)

1880: School Masters, Shop keepers, Govt. pensioners and others were entrusted with postal work were referred as ‘Miscellaneous

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Agents’.1881: The above number is only 338.1-3-1906: The above two systems were amalgamated.1906: After the abolition of district postal system, the ‘Village Post

Offices’ are also designated as ‘Branch Post Offices’.31-3-1908: As per Mr. Ivie. G.J.Hamilton (in Justice Talwar Committee Report) the staff

position is as follows:

Chief Officers for directing, Accounts Officers, Heads of Circles, and SP work shop.

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SP’s, Probationary SP, ASP’s and Inspectors. 594PM’s, DPM’s, APM’s, SPM’s, BPM’s. 6590Extraneous agents, such as School masters and station masters.

11387

Clerks 12715Postmen and other servants. 24,654Road establishment. 20639Village Postmen. 8335Signalers etc in Telegraph Offices. 3453(The above data reveals other than EDBPM’s no other ED post was existing. EDBPM’s appeared to be honorary posts which reveals departmental officials such as village postmen etc., were working at BO’s under EDBPMs).

31-3-1929: 17 ED Agents other than EDBPM’s were employed. (It can be presumed that other than honorary ED Posts, posting of ED employees started).

1930: The above 17 was increased to 1179.

The above data reveals from 1880 to 1929, the postal duties were entrusted to the people with livelihood on honorary basis as ED Post masters and other ED agents were recruited in 1929 as a matter of service. Even then till recent past the recruitment of ED was based on solvency. Now a day’s ED (GDS) recruitment is quiet open to all and their selection is based on merit at requisite qualification level and many without any livelihood are being employed. These ED (GDS) agents have to earn their bread and butter through their monthly salary. As explained in earlier paras they will not find any time to go for another employment in a village which is a mirage. In the present cost of living, their allowances as GDS Agent cannot meet their expenses and they are becoming poorer and poorer in comparison with an

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Agricultural labour who is getting minimum Rs. 300/- a day. To make them self sufficient, it is necessary to make them departmental employees. If the work hours of such GDS agents other than GDS BPM’s are less, the duties can be combined as mentioned in forthcoming chapters. The opinions of several committees and judicial pronouncements will be furnished in the next chapters.

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Chapter II

RURAL POSTAL SERVICE IS AN ESSENTIAL SERVICE

2.1 Postal services are essential services for a period not less than 100 years since the date of introduction, there after a commercial outlook has come. Even then it continued its monopoly for 20 more years and somewhat affected after more technology is brought into use. When mobiles, Scheduled / Private Banks and Couriers started improving their business the postal department received a threat but not lost his grip. It is working hard at department so level and competing with those organizations, challenging their threats. Even then there is no challenge to postal MIS, PPF and Certificates etc.

2.2 In rural area postal department is continuing its monopoly in SB, RD and Rural PLI.

2.3 No other banking organization can setup branches like postal department in rural area even in forthcoming century at least. The said improvement of literacy is very meager and still 60% of rural public are not literates. The developed literacy may give knowledge of identification of letters and numbers and getting knowledge of self doing banking service may take more time for the rural public. The day an agricultural labour does internet banking may be a threat to postal services. It may take one more century, till then the postal service maintains its monopoly and it is the only source to protect financial interests of normal public.

2.4 RPLI: - Rural Postal Life Insurance is a unique service to rural public. Unlike other insurance organizations it is having 1,29,378 branches i.e., branch post offices through which all services of insurance are being provided, without having any agent. Branch Post Master himself is a insurance agent, cashier, clerk, field officer and branch manager. More over hundreds of Policies procured at Branch Post Office level are having life up to 30 years. In these days normal public cannot go to some other place for his insurance services leaving his post office. Public leaders also will not allow making his public suffered. Private Organizations cannot undertake the responsibility on existing RPLI policies in rural India. The Government is having responsibility to collect premium on existing RPLI policies till maturity. The premium amount, amounts to hundreds of crores collected in rural India is with Government and it is to be maintained till last policy procured is matured. The only outlet for Government

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for this job is Rural Post Office and as such it is essential. Shouldering these responsibilities by some out sourcing or by a private organization is not at all possible and more risky also as the Government is answerable for hundreds of crores of rupees for which the able reliable caretaker is the Rural Branch Post Master only.

2.5 Having this confidence and considering the Rural Post Office is the only outlet the Government endorsing such other services to Rural Branch Post Offices such as,

a) Census.

b) Mahatma Gandhi National Rural Employment Guarantee Scheme.

c) Social Service Pensions.

For Govt. of India or for Govt. of a State Rural Post Office is an outlet to keep their pride and prestige. Endorsing such services further will allow the Government free and make Rural Post Office self sufficient. The existing other services such as mails, delivery, money orders, registration, speed post, VPP etc cannot be provided to the public through a single outlet and providing the same otherwise cannot be imagined even.

2.6 As such Rural Post Office is essential and rural post office be converted as departmental rural post office and its employees may be treated as holding civil posts and may be converted as departmental employees.

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Chapter IIIGIST OF THE MEMORANDUM

3.1 In Chapters 1 & 2 it is clearly mentioned why GDS post offices are to be converted into departmental offices. Then the question arises what about remaining staff.

3.2 In postal department there are several GDS posts other than GDS BPM’s, such as,

1) GDS Mail Deliverers (GDS MD).2) GDS Mail Carriers (GDS MC).

In most of the offices both are working on combination of duties as GDSMD/MC or GDSMC/MD based on predominance of delivery / Conveyance duties.

3) GDS Mail Peon (GDS MP).4) GDS Stamp Vendors (GDSV).5) GDS Packers (GDS Pkr) / GDS Letter Box Peons.

1) GDS MD: - These posts are at present existing not only in GDS BO’s, but also in departmental offices. Existence of these posts in departmental offices is nothing but cost savings. These posts in departmental offices are having similar work and work load in comparison with other departmental postmen working in the office. In some offices 2 GDS MD’s are employed which can easily be converted in to postmen posts by showing another suitable post to thrown out GDS MD’s. Thus GDS MD posts in departmental offices can be converted into departmental posts of its own or on combination by showing suitable employment to thrown out GDS MD’s.

2) GDS MC: - These posts are existing in GDS BO’s. Having not sufficient work load these posts are combined with delivery duties also and termed as GDS MD/MC or GDS MC/MD basing on predominance of delivery or conveyance as the case may be.These MC posts are existing in departmental offices also. They are meant for conveyance of mails at Bus point / Railway station. At some offices these posts are in existence to convey mails to subordinate offices where there are no MMs/ Railway lines with head quarters at the base

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departmental office. These GDSMC posts can be converted into Group ‘D’ or MTS, by showing alternate arrangement to GDS MC thrown out. In the case such GDSMC born in the establishment of Rural Post Office, thrown out may not arise and can be managed with the same official after having renamed his post as Rural Postal Assistant.

3.3 The term departmental Group ‘E’ is suggested on bringing all GDS to departmental side keeping duties and responsibilities of present GDS in comparison with that of departmental officials.

3.4 At BO’s one may think that GDS BPM is having sufficient work load for converting as departmental BPM and GDSMD or GDSMC are not having sufficient work load. It is true that work load of these GDSMD or GDSMC may not be 7 or 8 hours a day. But it can be easily arrived on combination of these duties, by showing alternate appointment to thrown out. Till all such thrown out are shown alternate appointment they should be maintained. Thrown out can be offered in nearby vacant posts of GDS BPM or GDS MD (proposed departmental) based on their qualification and till the list of identification of such posts is exhausted, the recruitment to BPM or MD/MC cadre to be stopped.

3.5 GDS MD or MC is not having sufficient work load is not correct as per thepresent calculations. Regarding the justified work load of BPM it is clearly discussed in Chapter I.

3.6 Regarding justification of MD or MC reexamining the standards is inevitable. At present 7.5 mts per Km for cycle beat of conveyance and 15 mts for foot beat, similarly 6 mts per Km for cycle beat of delivery and 12 mts for foot beat is assigned. Practically MC cannot travel 60/7.5 = 8 Km per hour due to the reason,a) The traffic everywhere is increased and not clear as in olden days it was

introduced. The energies of present individuals are also decreased in comparison with earlier periods due to change in food habits and its adulteration. Hence the term “cycle beat” and “foot beat” may be replaced with “beat” and 15 mts may be allowed for every 1 Km of conveyance and 12 mts may be allowed for every 1 Km of delivery.

b) Though foot and cycle beats are classified for MDS, it is highly far from justice as, where is the question of giving by cycle from a house to next house arises. It might have been kept in view that there will be huge gaps between houses. The total India is changed with many colonies established side by side. Hence question of cycle beat does not arise for delivery.

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The cycle maintenance allowance is given for the vehicle he used only and it should not be taken as another agent employed for delivery or conveyance.

In such case the delivery / Conveyance work can be assessed as follows:

There should be minimum 3 Kms between a PO to PO which is the present standard. Hence conveyance is 3 + 3 = 6 Km at the minimum i.e., 6 x 15 =

90 mts

At the minimum, exchanges bags at one office other than his BO exchange 10 x 1 = 10 at the minimum.

10 mts

Coefficient 10% on above. 10 mtsConveyance 110 mtsOther than this, he exchanges at more than one office. It is not taken for calculation. He exchanges at bus point or at another road point where there will be idle wait which is also not taken. Early receipt and later dispatch facility introduced at all most all places. For that one additional trip may be there, which is again 110 mts. The idle wait at his BO is ignored considering he attends for delivery at his BO.

110 mts

Delivery area may be taken as 10 Km at a BO, ignoring more villages and area attached to a BO. For distance travelled for delivery is 10 x 12 =

120 mts

Minimum 20 Unregd. Mail delivered (second class mail insurance notices, telephone bills, Book posts are taken) 20 x 0.75

15 mts

Minimum 2 MO’s paid are taken 2 x 4 8 mtsMinimum 6 Regd. / Speed post mail taken 6 x 2.5 15 mts

6 hrs 18 mts

1 hour packing assistance to BPM as he is over loaded with around 9 hours 14 minutes work load.

1 hr

Work load 7 hrs 18 mts

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3. GDS Mail Peon (GDS MP): - Same as that of GDS MC.4. GDS Stamp Vendor: - It is in departmental offices only. To make its work

load as 7 hrs or 8 hrs other works in departmental office such as registration etc., can be attached.

5. GDS Packers / GDS Letter Box Peons: - It is especially in departmental SO’s and existing in HO’s also and though their work hours are 5 hours, they are working full time in most of the cases along with post masters. They can be converted as departmental Group ‘D’ / MTS.

3.7 As suggested above all GDS offices may be converted in to departmental offices.

3.8 As such the following suggestions may be considered.1. All GDS offices may be converted in to departmental offices (Rural Post

Offices).2. All GDS may be classified as departmental Group ‘E’ or Group ‘C’ by

giving status holding civil posts of the Government.3. The work hours of proposed Group ‘E’ or Group ‘C’ employees may be

taken as 7 or 8 hrs as the case may be.4. The BPM may be named as Rural Post Master (RPM).5. Other GDS employees in BO may be named as Rural Postal Assistant

(RPA).6. GDS posts in HO/SO’s may be converted into Group ‘D’ or MTS or

Postman as the case may be.7. Pay and Allowances will be suggested in following paras.8. The income and cost of a RPO may be ignored as it is only essential

public service available and demanded by public and their leaders and used by state Governments also as only way for them to serve the public.

9. All other allowances available to the departmental staff may be given to these rural postal employees as mentioned in following paras.

10.All facilities, concessions, amenities, pension benefits, welfare schemes may be available to these rural postal staff at par with departmental offices.

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Chapter IVBACKGROUND

4.1 The Three Federations’’ of Postal Employees, namely NFPE, FNPO and BPEF submitted Charter of Demands on 12-04-1993 for settlement by 31-5-1993. The main demands relating to the ED employees were I) Introduction of Pay Scale for all categories of employees, II) counting of ED service, III) Grant of Pension / Statutory Gratuity, IV) Grant of Subsistence allowance.

4.2 No settlement could be arrived at and ultimately nationwide strike was organized from 7-12-1993 to 10-12-1993. The strike was called off after a settlement was arrived on 10-12-1993. The salient features of the agreement was a) EDBPMs whose work load exceeds 80 points will be compensated by a graded scale upto 100 points. b) Consequent on announcement of 5th CPC, the Government will constitute an ED Committee with an outsider as Chairman. In terms of reference it will be stated that the Committee will look into the demands of ED Agents particularly grant of pension. c) The proposal to introduce a system on Contributory Provident Fund with subscriber’s contribution and matching contribution by the Government will be worked out and recommended for acceptance. d) The Postal Services Board will examine relief to ED officials who are put off duty.

4.3 The Federations’ and Unions insisted that the Chairman of the ED Committee, a dignitary from the Judiciary and the word outsider should not mean a bureaucrat from the other Department.

4.4 By a resolution No. 6-58/93-PE/II dated 31-3-1995, the Government of India set up one man Committee headed by a retired Judge, Justice Charanjit Singh Talwar. This is the fourth successive committee required to go into the service conditions of the ED employees. The Committee submitted its report on 30-04-1997. The Committee made extensive survey on the rural postal system and visited several Branch Post Offices, and the Committee came to the conclusion that the WEAK AND DOWN TRODDEN NEED PROTECTION

and made several positive recommendations, 1) 5 pay scales for each category based on the corresponding scale of the Departmental employees on pro rata basis, 2) Separate scales to the GDS BPM, EDDA, EDMC for their combined duties, 3) Time bound promotions, ACP, increments, pro-rata pension, statutory gratuity, leave with pay, medical facilities and all allowances, LTC facility.

4.5 The three Postal Federations’ organized 8 days strike in July 1998 and the

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strike received tremendous support of the Parliament. Press and the Public and the demands of the ED employees thus became the demands of the people. The strike was called off with the assurance on the Floor of the Parliament as well as written agreement with the Unions.

4.6 The Department of Posts had to surrender again to the Ministry of Finance, all the above said recommendations were summarily rejected by the Government. An order was issued on 17-12-1998.

4.7 The justified recommendations made by a Committee headed by a Retired Judge were not conceded. The anger of the ED employees at the neglect of their interests by Government mounted month by month and gradually the feeling gained ground that the fundamental and basic questions should be resolved once and for all. The GDS employees braved themselves up for any sacrifice. The three lakh GDS employees again embarked on a 14 day strike in December 2000. Thereafter as an eye wash the nomenclature of the ED Agents was changed and an untenable proposal of pension was proposed. Till then, several strikes were organized and called off with agreements on paper.

4.8 It was in this back ground that Sri R.S Nataraja Murthy GDS Committee has been constituted. The Postal Services Board did not live up to its commitment in to while framing the terms of reference.

4.9 Now in view of further GDS Committee’s constitution or straight away inclusion in 7th Pay Commission this memorandum is submitted.

4.10 The GDS employees have every confidence that the Committee will hold its judicious views despite the attempts of the Postal Board to impose its whole views. We urge the Committee to take a suitable notice of the changed back ground and render justice to the three lakh down trodden GDS employees.

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Chapter VCONSTITUTIONAL STATUS

5.1 The Hon’ble Supreme Court of India in its land mark judgment dated 22-04-1977 has held that the Extra Departmental Agents are holders of Civil Post through outside the regular establishment. Notwithstanding the nomenclature as ED Agents, the Supreme Court has held that the ED employees are not Agents and the relationship between the State and ED employees is not that of principal and agent but is that of Master and Servant.

5.2 The Supreme Court held that the ED employees are Civil Servants within the meaning of Article 311(2) of the constitution. The matter before the Supreme Court in the Civil Appeals was ascertaining to ascertain on Status of ED employees within the meaning of the constitution and protection under Article 311(2) ibid.

5.3 A Civil Servant within the meaning of Article 311(2) of the constitution is naturally also a Civil Servant under Article 306 ibid. The E.D employees are civil servants within the meaning of Article 309 and 311 of the constitution.

5.4 As a matter of fact, the statutory rules known as P&T ED Agents (Conduct and Service) Rules 1959 wee framed treating the E.D Agents as holders of Civil posts within the meaning of Article 309 and 311 of the constitution on the advice of the Law Ministry itself. (Para 13.2 of Madan Kishore Committee report).

5.5 The Fourth Pay Commission admitted the status of the E.D employees as civil servants and observed in para 1.18 that,1.18: “The matter is, however controversy after the decision

the Supreme Court in Gokulnanda 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 Services, 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 were outside the purview of the terms of our Commission.”

5.6 There is no room for any controversy or doubts regarding the Extra Departmental Employees being holders of civil post under the ‘State’ or their

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being civil servants.5.7 The E.D employees are of course, holders of civil post for a lesser period of

time than other civil servants either in the Department of Posts or elsewhere and they are peculiar to the Postal Administration. They are legally and constitutionally entitled for all benefits – monetary or otherwise proportionate to their duties and not simply to protection under Article 311(2) of the constitution.

5.8 The Government or the Department of Posts have been denying all due facilities to the E.D Employees on wrong and misconceived premises and have still the harping on their prejudiced contention that the E.D employees are agents and not civil servants.

5.9 In the aforesaid judgment dated 22-04-1977, the Supreme Court has clearly ruled. “It is thus clear that Extra Departmental Agent is not a casual worker but he holds a post under the administrative control of the State. It is apparent from the rules that the employment of an Extra Departmental Agent is in a post which exists “apart from” the person who happens to fill it at any particular time. Though such a person is outside the regular civil services, there is no doubt; it is a post under the State. The tests of a civil post laid down by this Court in Kanak Chandra Dutta;s Case (supra) are clearly satisfied in case of Extra Departmental Agents.”

This satisfies the requirements of Article 309 of the constitution and in the light of the above ruling the E.D. Agents are Civil servants for all purposes.

5.10 In the light of the judgment of the Supreme Court and the Union’s persistant efforts, the nomenclature changed to Gramin Dak Sevaks, even though it should be Rural Postal Employees, Treating them as Central Civil Servants Group ‘E’.

5.11 We appeal to the Committee to do justice to the Gramin Dak Sevaks, as they are presently called, by declaring them as Civil Servants under Group ‘E’ and recommend all due benefits – monetary and otherwise to them. We shall be dealing with such benefits and justification in the subsequent chapters.

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Chapter VIEFFECT OF EARLIER COMMISSIONS ON ED (GDS) SYSTEM

6.1 Till 1963, the GDS are extra departmental agents were treated as Government employees and were covered by the service conditions applicable to civil servants. The department reversed this position thereafter and continued that they are not central Government employees.

6.2 The British rulers to spread their commercial services provided postal services to rural areas on no cost basis introducing the agency system of extra departmental employees.

6.3 As per Mr. Ivie G.J. Hamilton report in 1910, the EDAs were termed as extraneous agents and confirmed to Branch Post Master class only. It was extended in 1926 by including ED runners and ED delivery agents.

6.4 As per Jahangir Committee report after 1931 ED Agents in larger number were taken by extending facility to sub offices and combined offices and introduced several categories such as ED Mail Peon, ED Letter box peon, ED Packer, ED Stamp Vendor, ED Sorter and ED Messenger. This exercise provides ED services to corners replaced by providing in extra India.

6.5 First Central Pay Commission viewed that ED agents are within their purview, but second and third Central Pay Commissions have not considered them with a plea that department is treating them as Agents and felt that they are not holding civil posts. Fourth Pay Commission differs with this and observed that ED Agents are holding civil posts. Let what be their observations they are kept outside and treated in a different way from departmental employees though they are performing all similar duties as that of departmental employees. The only difference between departmental employees and so called ED Agents is only consolidation of accounts work, supply of funds and administrative control.

6.6 But Supreme Court in its verdicts has accepted the services of casual labour, contract labour for temporary status and as such contract labour in Railways and Electricity Boards are the beneficiaries. Canteen employees were also treated as departmental employees with providing benefits and the service before regularization was also counted as qualifying service for pension. Though Government and Political Parties stating that rural areas should be provided with all facilities irrespective of the cost, the ED system is not glanced so far for its departmentalization.

6.7 Though Sri R.R.Savoor Committee viewed that ED system should have status

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and financial soundness and unfortunately advised to continue the ED system in present form and not to departmentalize ED employees with a view to employ ED Agent having sufficient livelihood. Now the country changed. The ED employees are being selected on Merit basis from unemployed youth though they are not having any livelihood. Cost of living drastically increased. Economic conditions are totally changed. The ED employees with meager salaries suffering without fulfilling basic needs to live.

6.8 The ED Committee headed by Mr. Chandrajit Talwar elaborately discussed various issues and concluded that the condition of ‘adequate means of independent livelihood’ for appointment as Extra Departmental Agents is constitutionally invalid and recommended to delete the said condition. More over suggested to permit to work for 7 hrs 30 mts instead of 3 hrs 45 mts and to allow all benefits such as,a) Treating GDS officials as civil servants in view of promulgation of the

statutory rules under the provision to article 309 of the constitution of India in the year 1959 and not to be treated as contract employees.

b) Financial Up gradations (ACP).c) Weitage to length of service i.e. 6 – 10 years 1 increment etc.

d) Split duty allowance of Rs. 100/- when the gap between duties is more than one hour.

e) Compensation for duty beyond working hours.f) HRA and CCA and other compensatory allowances.g) Travelling allowance and daily allowance including transfers as in the case

of present departmental employees.h) Fixed medical allowance.i) Financial relief and assistants as in the case of present departmental

employees.j) Maintenance allowance from Rs. 25/- to Rs. 100/-.k) Pension, Gratuity and GPF.l) Earn Leave, half pay leave, committed leave, and casual leave, leave

without pay reduces 180 to 60 days, Maternity leave as in the case of female departmental employee, leave encashment, put off duty allowance from 25% to 50% increase and finally it is advised that the 1964 EDA rules should be made statutory. But more than 90% of such recommendations were rejected by the Government.

6.9 Despite strong protests by the major federations’, the Government has

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constituted a retired officer committee headed by Sri R.S.Nataraja Murthy to consider GDS issues which denied all legitimate rights of GDS.

6.10 Except conduct and service rules application of disciplinary provisions no other benefits available to departmental employees are extended to ED employees.

6.11 The following will exhibit how the Gramin Dak Sevaks are being denied the service benefits applicable to departmental employees even after declaration that they are holders of civil posts by the honorable Supreme Court of India.

Sl. No

Name of Allowance For GDS at the Minimum

For Dept. Employees

1 Pay & Allowances BPMS 2745 + DA 5200+2000GP+DA2 Pay & Allowances to other

GDS2295+DA (GDSMCs)2665+dA (GDSMDs)

5200+1800GP+DA

3 House Rent Allowance NIL 30%, 20% & 10%4 Transport Allowance NIL 800+DA5 Over Time Allowance NIL Available6 Children Education

AllowanceNIL 15,000/- per child per

annum (up to two children)

7 Leave Travel Concession NIL Home Town & All India LTC both available

8 TA / DA Benefit NIL Available9 Bonus (PLB) Ceiling 3,500/-* 3,500/-10 Uniform NIL Available11 Subsistence Allowance 25% 50%12 Pension SDBS** NPS 10% of Basic Pay

& Grade Pay13 Gratuity Ex gratia gratuity

Maximum Rs. 60,000/-

As per Gratuity Act 16 ½ times of last pay drawn.

14 Leave Paid leave for 20 days

All kinds of leave including Child Care Leave.

15 Medical Facilities NIL Under CS(MA) Rules & CGHS facilities.

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16 Maternity Leave 3 months 6 months17 Time Bound Promotions

(Assured Career Progression)

NIL 3 promotions after completion 10, 20 & 30 years of service (MACP)

18 Home Building Advance NIL 34 times of Pay in the Pay Bond subject to maximum of 7.5 lakhs.

* Rs.3,500/- denied from 2006 and now implemented from 2013.** Service Discharge Benefit Scheme (SDBS) on the modalities of NPS-Lite with the contribution of Rs. 200/- per month from Govt.6.12 As such we demand:

a) Declaring the GDS employees as holders of civil posts with all benefits as that of departmental employees.

b) The constitutional provisions under Article 309 and 311 should be applied to GDS employees.

c) Nomenclature ‘Sevak’ should be removed and declare them as “ Rural Postal Employee” with designations Rural Post Master, Rural Postal Assistant as the case may be.

d) These ‘Rural Postal Employees’ should be made full time Government servants.

e) The Justice Talwar Committee suggestions should be reconsidered with changes mentioned in the following paras.

f) The total exercise should be done as one time measure as discussed in the following paras.

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Chapter VIIJOB EVOLUTION OF GDS

7.1 The various categories of GDS carryout exactly the same type of work which the regular departmental employee performs.a) GDS branch post masters on comparison with Departmental Sub Post Master in ‘C’ Class

delivery SO (Single SPM without clerical assistance).

S.No

GDS Branch Post Master performing duties

Departmental Sub Post Master performing duties

1 Receipt of bags, opening of mails, sorting of articles, ready for delivery, Getting articles posted in letter boxes cleared, Sorting of articles, posted for dispatch, closing of Bags, dispatch of Bags.

Same

2 Entry of Regd. Letters, parcel, VP, Insured Speed Post articles in BO Journal and endorsing to GDSMD for delivery, receipt of return articles, closing entries in BO Journal and return undelivered articles through BO bag along with articles booked at his office.

Same but in addition,a) Closing and opening of bags of

such articles and not one bag as that of BO Bag.

b) Maintaining separate Journals each for such categories and not as that of BO Journal.

3 Receipt of MOs through BO bag and entry in BO Journal and endorsing to GDSMD for payment, payment of High value MOs by him, return of Cash and unpaid MOs from GDSMD, dispatch of unclaimed, Misdrawn, redirection MOs along with MOs booked at his office.

Same but in addition,a) MOs payment Register.b) Misdrawn Register.c) MO issue Journal.d) MO paid Journale) MO issue and paid returns will

be maintained.

4 Savings and Recurring deposit, Time Deposit, deposits acceptance, withdrawals payment, maintenance of each Journal

Same but in addition,a) Maintains Long book in the

place of Journal.b) Maintenance of Ledgers for

transactions of his office

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including BOs in account.c) Preparation of list of

transactions to HO.

5 ---- Monthly Income Scheme available.

6 Payment of Mahatma Gandhi National Rural Employees Guarantee scheme.

Available in some Sub Offices only (in Rural Area).

7 Payment of Social Service Pensions.

Available in some Sub Offices only.

8 Receipt and dispatch of Cash through BO bag or special messenger.

Same but through Account bag or special messenger. In very few offices direct drawing from Bank.

9 Prepares BO account, BO daily account.

Prepares SO account, SO daily account and in addition consolidation of BO accounts. (BO Summary)

10 ---- Maintaining of BO Index Register.

11 Maintenance of Stack Registers. Same

12 Maintenance of Book of Post Marks.

Same

13 Maintenance of Complaints and Suggestions Book.

Same

14 Maintenance of Error Book Same

15 Maintenance of Order Book for Inspection Reports.

Same

16 File for compliance of Inspector’s reports.

Same

17 Enumerations Returns Same

18 Value Returns. Same

19 Maintenance of Statistics of his BO. Same, but relates to his office and BOs in account.

20 Working hours are 3 hours, but detaining for 8 to 10 hours on its being increased with RPLI, NREG, SSP.

Working hours 7 to 8 but detaining in most of the cases up to 10 hours on its being increased RPLI, NREG, SSP and Supervision of BOs and lists on such work.

21 These services are essential having Though other SOs are existing

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only post office in the village. services are essential to control BO work.

Though number of transactions at BO are less in comparison with that of SO, the Branch Post Master is doing almost all duties like that of departmental Sub Post Master. Departmental SPM is having consolidation of BO accounts and suspension on BOs. It can be termed as carrying higher responsibilities for which higher scale is being offered. This variation can be shown in pay scales but not in status as departmental employee. But paying for 7 or 8 hours as mentioned in earlier chapters to a rural Post Master who is performing same duties with all most all responsibilities, is required. b. GDS Mail Deliver on comparison with Departmental Postman.

S.No

GDS MD Departmental Postman

1 Receipt of MOs, Registered, VP, Insured, Speed Post Articles from Post Master, entry in Postman book, going to beat along with cash delivery / payments to public, entries in postman book, return undelivered articles and unpaid MOs and cash to Post Master.

Same

2 Delivery area is almost horizontal but spread to so many Kms to cover scattered houses.

Delivery area horizontal, but in some cases vertical also, but number of Kms may be less due to crowded housing.

GDS MD is performing same duties as that of postman with same responsibilities, except some higher limitations as a part of service. This variation can be shown in pay scales but not in status as departmental employee. c. GDS MCs, GDS MPs, GDS Packers, GDS LB Peons on comparison with departmental Group

‘D’ or MTS.

S.No GDS Mail Carrier, GDS Mail Peon, GDS Packer, GDS LB Peon

Departmental Group ‘D’ or MTS

1 Collection of Bags from other Offices, at bus points, at some other midpoint Same

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or Railway station and vice versa.

2 Idle wait at that collection centers. Same

3 Clearance of Letter Boxes Same

4 --- Opening and closing of Bags.

GDS Mail peons, GDS Mail Carriers, GDS Packers and GDS LB Peons are carrying same duties but with less responsibilities. This variation can be shown in pay scales, but not in status as departmental employee. d. GDS Stamp vendors in comparison with departmental stamp

vendors. Both perform same duties with same responsibilities but GDS SV works for maximum 5 hours. Whereas departmental SV works for 7 or 8 hours. All such GDS SV posts may be upgraded and short fall of work hours may be compensated with other works of departmental SO or HO where it stands as these posts are existing in departmental offices only.

7.2 By above all narrations it evidently shows that the GDS are performing same duties and thus they are eligible for getting civil status as a departmental employee on different scales for 7.5 hours based on carrying responsibilities in comparison with a departmental employee.

7.3 As such we demand,

1) Conversion of GDS BOs in to Rural Post Offices.

2) Giving civil status to all GDS and converting them as departmental employees such as departmental Rural Post Master (RPM), departmental Rural Post Assistant (RPA) for delivery, conveyance and packing duties.

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Chapter VIIIMETHOD OF RECRUITMENT AND TRAINING

8.1 Recruitment to the ED Posts are made in accordance with the instructions contained in DG P&T letter No. 43-84/80-Pen dated 30-01-1981 and corrigendum dated 29-03-1981 and No. 41-301/87-PE-II(ED & Trg) dated 6-06-1988, No.17-366/91-ED & Trg. Dated 12-03-1993 and dated 26-05-1995.

8.2 The Educational qualifications for the appointment of GDS at present are for BPM and SPM Matriculation and all other GDS 8 th standard, to facilitate normal students in rural area who generally stops education due to their financial problems.

8.3 The rural post office is entrusted with new assignment and additional duties are attached to BPMs like NREGS, RPLI, Business Development and additional duties are attached also proposed to computerize the BOs and hence we suggest revision of qualification of BPMs from Matriculation to 10+2. The 5th CPC suggested enhancement of educational qualifications of Postal Assistant which was accepted by the Government and the pay scale was revised from Rs.3,200/- to 4,000/- exceptionally for the Postal Assistant in the Department of Posts. As the BPM is a comparative cadre with the Postal Assistant, the educational qualification has to be raised on par with Postal Assistant i.e., 10+2 with 60% of marks in Plus2.

8.4 We suggest no need to revise the educational qualifications of all other GDS, present 8th standard as there is no change in the duties performed by these GDS employees.AGE LIMIT:

8.5 The Talwar Committee suggested that the maximum age of entry in the system as 35 years subject, however, to the usual relaxation up to 5 years for SC, ST and OBC and Ex-Servicemen. The minimum age limit for employment at present is 18 which need not be changed. But there is no maximum age limit to join in the GDS cadre. We suggest that the maximum age limit for entry as 35 years and the retirement age to be continued as 65 years.GDS System:

8.6 The GDS system is mainly intended to Rural Postal Services in fulfilling the UPSO obligation and subsidized by the Government. The subsidy towards this is around 650 crores. But the revenue earned by this service through various schemes was not included under profit. The JTC also pointed out that

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the EST-5 should be modified suitably. The rural postal system is earning revenues through various schemes like RPLI, BD, NREGS, and SSP etc. for which there is no provision for calculation of profit and loss. The committee should evolve suitable measures and recommend.

8.7 The nomenclature of the Rural Postal Employees should be changed as Group ‘E’ or Group ’C’ cadre in the Department instead of GRAMIN DAK SEVAKS. The position of the GDS employee after 1998 is changed and as per the document issued by the Department on 04-10-2005 on a mandate issued by the Hon’ble Prime Minister and Hon’ble President of India that the rural post office is the agent of the Central Government to carry out the e-Governance and responsible for carrying out the Information Technology in rural areas also responsible for health, education, agriculture and other rural needs in the last ten years, the rural postal system underwent radical transformation practically as an interlink with the new areas such as preparation of voter lists, the Rural PLI, other insurances tie-ups, census, financial sector tie-ups. The rural postal system is now responsible for distribution of money to the beneficiaries of NREGS, a National tie-up with Central Government in maintaining 5 lakh of accounts as on date with cent percent error free service through the service is carried out manually. Not only this it is paying social service pensions also.

8.8 There are several activities in the pipeline such as computerization of Branch Post Offices and training of rural postal employees, i.e. the GDS employees. The GDS employees in the rural postal system now remain to be the backbone of the Department collecting 80% of the Small Savings, Insurance, Financial tie-ups, payment of pensions, tie-up with various Telecom Systems like BSNL. They have entered into the area of Marketing, Media, and Business. The entire scenario of postal system is changed by eliminating the difference between rural and urban postal services. Therefore, the GDS can no more be treated as Gramin Dak Sevak and in accordance with the various services that are being performed by them; they should be treated as Group ’E’ or Group ‘C’ employees of the Department.

8.9 The conditions that the BPM should have adequate means of independent livelihood and should be the resident of the village or its delivery jurisdiction have been removed by an order dated 17-9-2003. The present rules of recruitment are defective in the nature as the criteria for selection of all categories of GDS will be the merit subject to orders on reservation and fulfilling other eligible conditions and taking of residence in the BO village before appointment. This created a loophole in the recruitment process.

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The candidates for appointment as BPMs should not be asked about their domicile before selection. The practice of taking an undertaking before selection is legally not approved and it must therefore be stopped. The most meritorious candidate must be given appointment on the condition that he should take the residence in the village and if he fails, the next meritorious candidate must be appointed.

8.10 There is a condition of recruitment of the GDS employees through the Employment Exchange. The Employment Exchanges normally are not sponsoring any candidate within the stipulated 30 days and after the withdrawal of the resident condition, the appointing authorities are misusing their powers and recruiting the candidates bringing from very far off places of their choice.

8.11 The jurisdiction for recruitment should be limited to the District and it should be strictly from the candidates sponsored by the Employment Exchange with 30 days time given to Employment Exchange. There should be a Selection Committee and the selection should be purely on merit. It is suggested that the applications are to be opened and scrutinized in the presence of the candidates and the name of the selected candidate be announced.

8.12 If the selection jurisdiction is taken as Circle level, the vacancy notification should be issued at circle level and the selection should be by the Circle Selection Committee. This is a second choice only. Powers vested with division for recruitment of both the cadres RPM / RPA at division level and attaching all selected candidates to sub division is most practicable.

8.13 Regarding mode of recruitment, the merit obtained in the eligible examination is the fairest means and need not be changed.

8.14 It is a fact that no post office including Branch Post Office can be kept closed even for a day.There are several reasons why the GDS especially BPM has to be kept out of duty. In such circumstances, somebody has to manage the office because postal services are declared as essential services. But then the question arises how to manage the vacant post which cannot be kept vacant. The Department has to find a solution and it is suggested that instead of allowing nepotism and favoritism, the Department keeps a waiting list of GDS candidates, say 5% per Division, so that whenever someone is put off, the senior most in the list is appointed and the candidates in the waiting list assured available vacancies according to merit. This suggestion is out of the experience that some circles insist the GDS of another office to apply for leave and act as emergency GDS in the office with vacancy and this system is

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not prescribed by the Directorate but then practiced in many circles, which creates lot of corruption. As such, you have to find a better solution or accept the suggestion in the interest of integrity. What is now being done may not be quite befitting to be explained.As explained in later paras if all kinds of leave is allowed, the administration may feel difficult for leave arrangements. For that the solution is to allow 15 days leave encashment to these rural postal employees as a special case and besides allowing to keep300 days at credit. The GDS are accustomed to not to misuse leave. They will better utilize leave encashment and credit. This 5% LR will be useful for maternity leave, child caring leave, study leave and sick leave, Still LR is short for normal leave cases the other official in the BO holds the post on additional charge on over time for 3 hours. If other official is not having requisite qualification waiting for relief is needed.TRAINING:

8.15 At present, the Branch Postmasters consequent upon their appointment are given training for 2 or 3 days through the SDIPs and MOs. This is not considered to be enough. Now the BPMs are entrusted with the work of Insurance, NREGS, SSP and several other Business Development duties. The Department is also proposing to introduce computers. Hence, we propose that at least 2 to 3 weeks training should be given to the BPMs at the Departmental Training Centre. A Departmental Training center is to be opened in each Regional Office. The Rural Post Masters who are having SB work and workload for more than 3 hours should be given refresher training on the new packages and the new services and new marketing products whenever they are introduced. For Rural Postal Assistant also a suitable training may be designed.

8.16 During the period of the training, training allowance on par with the Departmental employees should be given, as recommended by Justice Talwar Committee.

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Chapter IXPROMOTIONS AND FINANCIAL UPGRADATIONS

9.1 Unlike the full regular employees, there are no vertical promotions to the GDS system. We already proposed horizontal promotions in the form of financial upgradation in the next chapter.

9.2 The present system of filling up of all posts of Group ‘D’ / MTS by GDS employees on seniority basis without any examination may be continued. At present 100% is segregated as 25% GDS seniority, 25% GDS with examination, 25% with casual labourers and remaining 25% for outsiders with examination. For outsiders there are lot of chances to enter in to the Department. I.e around 148843 Rural Postal assistants and 57222 Rural Post Masters (leaning 57221 Rural Postmaster Posts for Rural Postal Assistants promotions). For working Rural Postal Employee (at present GDS) for promotion, MTS posts are very less and hence promotional avenues are less to Rural Postal Employees. As Such 25% quota for outsiders may be earmarked for Rural Postal Employees on seniority basis.

9.3 50% of postmen vacancies are filed up from the cadre of Group ‘D’ and the remaining 50% by direct recruitment quota is reserved for GDS. Out of direct recruitment quota 25% are filled on merit and remaining 25% are to be filled on seniority cum fitness basis. This was subsequently amended as 50% to MTS and 50% to GDS on examination basis. It was further modified by notification dated 28.6.2012 as unfilled vacancies will be filled up with outsiders with examination. Due to this the GDS lost their opportunity and deprived off their benefit of promotion on seniority basis. An official for his not being qualified in the examination has to lost his seniority also for giving his place to outsiders. As such we suggest the seniority quota promotion to GDS for promotion to postmen which was earlier enjoyed may be restored at least to the extent of unfilled vacancies in examination cited above ignoring the percentage left unfilled. The same system may be continued. But the minimum educational qualification must be insisted for those who came on merit and should not be insisted on those who came by seniority. The present service restriction of 5 years should be reduced to 3 years. In addition, 50% of RPM posts may be ear marked to outsiders through Employment Exchange. Out of remaining 50%, 25% may be earmarked for RPAs on seniority cum fitness basis with the requisite qualification of RPM through DPC. Remaining 25% of vacancies on merit as if outsiders through Employment Exchange.

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Here in this case instead of intervention of Employment Exchange, applications may be called for in the division. For both the types of above DPC/selection minimum 3 years of service may be fixed. If any vacancy short falls it should be given to Employment Exchange immediately without carrying forward for next year. The process should be maintained as usual at Division level.

9.4 The Gramin Dak Sevaks are permitted to be inducted into the clerical cadre against the unfilled vacancies in the LGO examination. Up to 2002, a concession of 10% of marks is given to the GD Sevaks compared to the last recruitment candidate. Now the present system of recruitment of GDS to the cadre of postal assistant has become an eyewash programme as practically no GD Sevak was promoted to the cadre of Postal Assistant. In the present set up, a GDS employee getting education in Municipal School or in Government School in rural area has to compete with a Graduate of a Corporate College. Now the Gramin Dak Sevaks possessing higher qualifications are capable of suitably undertaking the duties of postal assistants. We suggest that recruitment rules should be modified suitably for recruiting the GDS to the cadre of Postal Assistants with the same qualifications of Postal Assistants and they may be allowed to appear for an examination with the same syllabus of LGO examination or a separate examination with the same standard may be introduced. As a matter of fact nearly 50% of vacancies were remained unfilled in the LGO quota as the LGO candidates were not qualified, the vacancies were thrown open to the direct recruitment quota and resultant abolition of 2/3rd vacancies, creating injustice to Gramin Dak Sevaks though they are capable of undertaking the duties of Postal Assistants. As GDS appearing for Postal Assistants is just same to postal assistant appearing for IPO examination, the maximum age for appearing for PA examination may be 40 years with due relaxation to SC/ST/OBC ignoring number of chances that he can avail. As several computer training’ s are imparted in the Department qualification in Data Entry Test may be ignored to induct these Rural Postal Employees as Postal Assistants. The said examination may be to know the computer literacy of the candidate for giving him suitable computer training may be designed.

9.5 The noble idea of qualified GDS with long service being promoted as Postal Assistant not practicable as per the present rules. It is only in the Postal Department that 50% of the clerical vacancies are earmarked for Departmental staff and it is too much as the Postal LGOs happen to be less than 1 lakh while GDS happen to be about 2.5 lakhs. We are not demanding

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any concession in Educational Qualifications but 10% of the Departmental quota (which more often than not ever filled up) must be reserved for GDS with minimum qualification must be allowed to appear in a competitive examination without reference to direct recruitment and the guaranteed 10% must be filled from the GDS employees.

9.6 However by virtue of service rendered the rural postal employees such as Rural Post Master and Rural Postal Assistant may be allowed MACP1, 2 and 3. The same analogy of placing initially at one stage offering MACP1 after 10 years brings to another stage and offering MACP2 after 20 years and allowing MACP3 after 30 years.

9.7 Rural Post Master may be taken as promotional post to Rural Postal Assistant and MTS may be taken as first promotional post to rural post master.

9.8 In view of the above suggestion the same is shown in the illustration given here under.Illustration: Rural Postal Assistant:

Initial Placement Initially at a stage with a scale as discussed in wage structure.

MACP1(after 10 years)

Another stage at a scale as discussed in wage structure.

MACP2 (after 20 years)

At a stage as discussed in wage structure.

MACP3 (after 30 years)

At a stage as discussed in the wage structure.

Illustration: Rural Post Master:

Initial Placement Initially at a stage with a scale as discussed in wage structure.

MACP1(after 10 years)

Another stage at a scale as discussed in wage structure.

MACP2(after 20 years)

At a stage as discussed in the wage structure.

MACP3(after 30 years)

At a stage as discussed in the wage structure.

9.9 The above narration is not at all imaginary. While finishing the above suggestion the present systems of MACPs to departmental employees is kept in view. Not only that the same analogy given in our memorandum to 7 th PC in

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respect of departmental employees is almost followed.

There, a question may arise even on being promoted to MACP3, Rural Postal Assistant and Rural Post Master will not get MTS scale. Here one promotional post is compared and linking up with another promotional post will give room for so many anomalies.

9.10 However it is quiet open to qualified, eligible officials to get second promotional post based on tests conducted as in the case of clerks promoted to IPO examination.

9.11 Promotional avenues on having successful in competitive exams / selections to Rural Postal employees’ i.e. RPM and RPA are 1) MTS, 2) Postman, 3)Postal Assistants.Does mean combined seniority of RPM and RPA should be taken for seniority selection for MTS and postman. The above suggestion which is discussed financially to Rural Post Masters and Rural Postal Assistants discussed in next chapter may be considered.

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Chapter XCONDUCT AND DISCIPLINARY RULES

10.1 As we have explained in earlier chapters, the GDS employees are holders of civil posts under the control of the state within the meaning of Article 309, 310 and 311 of the Constitution of India. There is no need for separate conduct rules or service rules for such employees. This probably has been done to perpetrate discrimination against the GDS staff.

10.2 A close study of the Central Service (Conduct and Service) Rules 1964 and P&T ED Agents – now GDS-(Conduct and Service) Rules 1964 clearly shows that major rules of the CCS Conduct Rules 1964 have verbatim been reproduced in the P&T ED Agents (Conduct and Service) Rules 1964. This bears a clear proof to the fact that ED employees are Central Civil Servants for this purpose also.

10.3 When the major conduct rules are verbatim applicable to the GDS employees, the remaining other rules have been incorporated in administrative instructions and above all the GDS employees have been declared civil servants, there is no room for a separate set of conduct rules for the GDS employees. The Central Civil Services (Conduct) Rules 1964 should cover the GDS employees also and should be applicable to them.

10.4 As for discipline, the GDS employees have been subjected to a severe and serious discrimination. Earlier the only penalty to be imposed on the ED staff for an offence of whatever magnitude was dismissal of removal and this was being grossly misused. Though some other penalties have been prescribed the discrimination does not end. Rule 10 of the CCS(CCA) Rules is applied in a discriminatory manner and the terminology “suspension” has been changed as “put off duty”. The effects of both is the same, but the GDS employees are denied subsistence allowance during the period of suspension in the name of being “put off duty”. We feel the difference between ‘suspension’ and ‘put off duty’ is simply as between the terms ‘killing’ and ‘doing to death’.Similarly penalties to be awarded to the GDS employees are restricted to a few Rule 11 of the CCS (CCA) Rules 1965 is not fully applicable to the GDS employees. As a matter of fact, there is no need for separate set of service or control or disciplinary rules for the GDS employees and the CCS(CCA) Rules 1964 should be completely applicable to these civil servants also who are at present called GDS employees.

10.5 Though the Department of Posts have issued instructions for payment of conditional and limited subsistence allowance to the GDS employees vide DG

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letter No.16-156/92 – ED & Trg. Dated 24-04-1994. This does not meet the requirements of the legal and constitutional provisions. The provision of subsistence allowance to GDS employees during the period of suspension is a legal necessity. The term ‘put off duty’ does not have a legal or constitutional basis and has to be scrapped.If a GDS is placed under put off duty, at present 25% of Basic Pay is being paid as exgratia allowance. It should be raised to 50% of Basic Pay + D.A.The Hon’ble CAT Ahmedabad in its judgment dated 12-05-2000 in the case of V.B Raval vs. Union of India and others held that inquiry without paying subsistence allowance is vitiated and illegal. Copy of the judgment is appended at para 13.

10.6 The P&T EDAs Conduct and Service Rules. 1964 were further modified as GDS Conduct and Employment Rules 2001.

10.7 Under Rule 9 of GDS Conduct & Service Rules 2001, we suggest the following:Under Rule 9 of GDS Conduct & Service Rules 2001, 6 (six) penalties were specified out of which 9 (i) to 9 (iv) falls under the category of minor penalties and for imposing penalties under Rule 9 (v) and 9 (vi), an inquiry under the said rule is mandatory and hence these last two rules can be termed as major penalties. Except the censure under Rule 9 (i), Rule 9 (ii) and Rule 9 (iii) are obsolete in nature as these penalties cannot be imposed to a GDS employee as he cannot come under the purview of the said post due to the age restriction. As a result, the GDS employees as a compulsion is to be awarded the major penalty of ‘Removal’ or ‘dismissal’ for petty breaches of conduct, as there is no other alternative.

10.8 The Hon’ble CAT Ahmedabad in its judgment dated 8-2-2000 in OA No. 519 of 92 in the case of Raimalbhai Jethabhai Parmar Vs. Union of India and others, held that the punishment of removal from service imposed for the loss of registered article is unreasonable and harsh and directed the Department to add some more penalties. Previously, for the the then 3 penalties existing in Rule 7, 3 more penalties were added. But the Court held in this case that these amendments were also carried out halfheartedly. The Court also suggested that some more penalties should be added to commensurate with the offence, Relevant portion of the judgment copy is appended at Para 14.

10.9 Many Circles requested the Directorate to amend the Conduct Rules suitably by adding some minor penalties to be awarded in case of minor misconduct to commensurate with the offence.

10.10 We suggest that Rule 9 may be divided into minor and major penalties.

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In short if total disciplinary rules and procedures as that of a departmental employee applied to a Rural Post Master / Rural Postal Assistant the anomaly will be removed.

10.11 Under Rule 7 of GDS Conduct and Service Rules, the GDS employee shall be entitled to leave without allowances for a period not exceeding 180 days. In many cases, the GDS employees before the expiry of the period of 180 days, fell sick and they were not able to join the duty. The expression that the GDS ceases to be the GDS after 180 days leave is creating a lot of trouble. It is against the principles of Natural Justice. In as much as a GDS employee did not get any monetary benefit during the period of his leave without allowances, this provision has to be quashed by applying all departmental leave rules to rural post master / rural postal assistant.

10.12 The delegation of powers to condone the period of absence under instructions (2) of Rule 6 may be given to the appointing authority instead of Director of Postal Services, as it is creating lot of hurdles at the operational level.

10.13 INQUIRY WITHOUT PAYING SUBSISTENCE ALLOWANCE IS VITIATED AND ILLEGAL:Held: The applicant who was serving as EDDA, Jetalpur was served with an order of put off duty without payment of subsistence allowance on 19-2-1991, and he has challenged that order by filing this O.A. There is no denial of the fact that the applicant has been put off duty by the order, dated 19-2-1991, and that the enquiry was commenced by giving him charge sheet on 15-5-1990. There is also no denial of the fact during the put off duty period; the applicant has not been paid any subsistence allowance or any other allowances. Now the short question, therefore, arises for our decision is as to whether on account of the non-payment of the subsistence allowance or any other allowances during the period of put off duty, the enquiry started against the applicant is vitiated or not. Reliance was sought to be placed by the respondents on Rule 9 of the Post and Telegraph Extra Departmental Agent (Conduct and Service) Rules, 1964.Sub-Rule 3 on which the reliance was placed by the respondents are as follows:“An employee shall not be entitled to any allowances for the period for which he is kept put off duty under this rule”. This was struck down as ultra vires provisions of the Consultation by the Bangalore Bench of the CAT and the decision is reported in [(1989) 9ATC 225]. When a particular rule or section is struck down as ultra vires of the Constitution, whether the Department removes that rule from the book or not,

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the same remains struck down and is ineffective. So far as the decision of the Bangalore Bench is concerned, the same was taken in appeal before the Supreme Court by the Union of India and the appeal dismissed.In a recent decision, following the decision in the case of Fakirbhai Fulabhai Solanki Vs. The Presiding Officer and another [1986 LLJ124], the Supreme Court in the case of Ram Lakhan Vs. Presiding Officer and other [2000 (2) SCALE 9] has reiterated that during the period of suspension employees are entitled to be paid subsistence allowance and the subsistence allowance shall be paid to the employee for the whole period of suspension at such rates as is provided under standing orders or service rules. It was also made clear that if there is no such provision, they would be entitled to be paid full salary even during the period of suspension. It cannot be denied that put off duty can be equated with the period of suspension and therefore, even during the period of put off duty, an employee is entitled to claim subsistence allowance and if the subsistence allowance is not paid, the whole inquiry proceeding is vitiated. The Supreme Court in the case of State of Maharashtra Vs. Chanderbhan [AIR 1983 SC 803] has even struck down a service rule which provided for payment of a nominal amount as subsistence allowance to an employee placed under suspension and has observed that the right to life guaranteed to a person under Article 21 of the Constitution is to be read into the service rules relating to payment of subsistence allowance.The impugned enquiry, therefore, requires to be struck down on this ground, We are of the view that allowing a lump sum amount to the applicant for the period he remained under put off duty would meet the ends of justice in this case. We assess the same at Rs. 5000 with the further direction that form the date of passing of this order, the applicant shall be regularly paid compensation as ex gratia payment under the new instructions issued by the Government at a rate not exceeding 50% of the wages he would otherwise get had he continued in service.We hold that the enquiry proceedings against the applicant without his being paid any subsistence allowances are vitiated and being illegal, set aside the impugned inquiry. We also direct that the applicant be reinstated with immediate effect in the same post and the amount of lump sum compensation be paid to him within a period of 4 months from the date of this order and if not paid, the same would be payable with running interest at the rate of 12%.[V.B.Raval Vs. Union Of India and others, date of judgment 12-5-200 in O.A No.222 of 1991]

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10.14 Judgment – Raimalbhai Jethabhai Parmar Vs. Union of India and others, date of judgment 8-2-2000.Facts: The applicant who was working as EDBPM, Limberwada (A.O Birpur) has challenged the disciplinary proceedings held against him and the order of removal from service passed by the Disciplinary Authority, dated 21-9-1992 and has prayed for reinstatement in the service with all consequential benefits. So far as the factual aspects of the case are concerned, there is not much dispute that the applicant who was working as EDBPM. Limberwada had received two registered articles for delivery; one registered article was lost by him. It was neither delivered to the addressee nor was entered into the B.O Journal nor it was returned back to the sender. An enquiry of this loss of registered article was ordered and the Inquiry Officer had submitted his report holding the applicant guilty of the charges leveled against him. The Disciplinary Authority had thereafter imposed the punishment of removal from service on the applicant and this order of punishment of removal from service is challenged by the applicant before us. The applicant had also preferred an appeal against the order of the Disciplinary Authority but the same was rejected.Held: It is settled legal position that the jurisdiction of this Tribunal to interfere with the disciplinary matters or punishment cannot be equated with the appellate jurisdiction and we cannot interfere with the findings of the Inquiry Officer of Competent Authority, where these findings are not arbitrary or preserve or based on no evidence. If there has been an enquiry conducted as per the rules and in accordance with the principle of natural justice, what punishment would meet the ends of justice is a matter exclusively within the jurisdiction of the Competent Authority. If the penalty can be lawfully imposed keeping in view of the magnitude of gravity of misconduct, then we have no power to substitute our discretion to that of the punishing authority. It is only when the punishment meted out is harsh or such that it shocks our conscience, then and then only we can interfere with that punishment / Penalty. The Supreme Court has laid down in no uncertain terms that the Disciplinary Authority and on appeal the Appellate Authority being the fact finding authorities have this exclusive power with a view to maintain the discipline and that the High Courts / Tribunals while exercising the power of judicial review cannot normally substitute their own findings in the case of B.C Chaturvedi Vs. Union of India (AIR 1995 SC 748).The next question is whether the punishment imposed by the Disciplinary Authority is harsh or of such exercise nature so as shock the conscience of

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the Tribunal. Here the applicant is a low-paid postal employee who has completed 31 years of service and at the age of 57 years is being asked to go home without any retirement benefits merely because he has lost the registered article. It is quite obvious that the punishment meted out to the applicant is not commensurate to the alleged misconduct or negligence on his part and can easily be termed as too harsh and excessive. No doubt the jurisdiction of this Tribunal to interfere with the punishment imposed by the Disciplinary Authority or the Appellate Authority is quite limited and generally we do not substitute our own conclusion of penalty and impose some other penalty but when it found that the punishment imposed by the Disciplinary Authority or the Appellate Authority is not only excessive and harsh but also shocks our conscience, it becomes absolutely necessary to mould the relief by either directing the Disciplinary Authority to reconsider the penalty imposed or in exceptional case to impose the appropriate penalty with reasons thereof. Learned Advocate appearing for the respondents has, however, drawn our attention to the punishment provided in Rule 7 of the EDAs (Service and Conduct) Rules, 1964 and has submitted that the Disciplinary Authority was left with no alternative but to impose the penalty of removal from service as in the case of EDA, no other commensurate penalties are prescribed.Prior to amendment of Rule 7, there were only three penalties prescribed in Rule 7 which left with no choice to the Disciplinary Authority except to remove him from service, etc. After the suggestion in the case of Bansidhar Acharya Vs. Union of India and other [(1987) 2 ATC 956]. Rule 7 was amended and three more penalties were added in the penalties prescribed in the said Rule. However, this amendment also appears to have been carried out half-heartedly as can be seen from the instant case. There is no penalty prescribed, commensurating with such minor offence. There is, therefore, still requirement of further amendment of this rule in line with Rule 11 of CCS (CCA) Rules. In another identical case bearing O.A No. 427 of 1991 decided on 22-12-1994, by this Tribunal, similar order of removal from service was set aside on the ground of the penalty being excessive and harsh and it was recommended that any other penalty other than the penalty of removal from service be imposed. The facts of the instant case are quite similar to the facts of the O.A No. 427 of 1991 and considering that the applicant is a low paid EDDA who had completed more than 31 years of service and is being punished for loss of a registered article practically at the fag end of his service. It is quite evident that the punishment imposed, viz., removal from service is too harsh. The punishment clearly calls for interface by this

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Tribunal.We hereby set aside the order of removal from service passed against the applicant and direct the respondents to reinstate the applicant in service within one month from the date of receipt of this order. Since the applicant is not exonerated of the charges, no back wages be paid to the applicant till the date of his reinstatement as we are told that he has to retire in October, 2000 on attaining the age of superannuation. However, his service from the date of the impugned order of removal from service would count towards pension and other service benefit.

10.15 To conclude we request,a) All disciplinary rules and procedures may be applied to Rural Post Masters

/ Rural Postal Assistants at par with departmental employees.b) All leave rules may be applied to Rural Post Masters / Rural Postal

Assistants at par with departmental employees.

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Chapter XIINSPECTIONS & INVESTIGATIONS

11.1 As per the figures available there are 129378 GDS Post Offices and they may be converted into Group ‘E’ or Group ‘C’ Rural Post Offices.

11.2 At present Inspector / ASP is doing annual Inspection on a BO and Mail Oversee is paying 4 visits per year. These visits are all most routine. Then Inspection days per BO as follows:

IPO / ASP MOInspections 1 ---

Visits --- 4

Triennial review is being done once in every 3 years. At the maximum one sub division is having 100 BOs and doing Triennial review of 33 BOs per year. In addition to it 100% verification of identified BOs is done apart from past work verification of BOs where fraud occurs. This fraud past work verification so called investigation is 1 or 2% i.e. 2 BOs at an average per sub division.

11.3 In the place of present scenario if annual inspection is done by IPOs / ASP in one half year and one visit is performed by Mail Oversee in another half year, it suffice.The triennial review of 1/3 BOs in a sub division may be carried out in a year. During Triennial review 100% verification of SB / RD etc accounts may be undertaken and be completed within 3 days and it can be termed as audit. The IP / ASP can take MO assistance during these audits.Then proposed inspection days are as follows:

IP / ASP MOInspection 1 x 100 ---Visits --- 1 x 100/2Audit 3 x 33 3 x 33/2Total 199 100

Above MO figures are furnished as there are 2 Mail Overseers in a sub division. The remaining 99 days available spare with MO can be utilized for enquiries and desk work at sub divisional office.

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Then distribution of days by IP / ASP and MO as follows:

Days in a year 365Holidays 52 + 16 68

297Leave (EL 30 + CML10+CL8) 48

249Inspection days as above fixed 199Days left for Enquiries and desk work

50

In addition to above 50, the MO is having 99 days more as above stated supra for desk work and enquiries.If the work is distributed as above there will be definite watch on BOs for keeping public and exchequer safe besides assessing statistical and financial position of BO and keeping rural postal staff alert in attending postal operations and to avert any misconduct for which days are being wasted unnecessarily at present.

11.4 The above exercise certainly helps postal department in reducing Investigations, enquiries and disciplinary cases and keeps not only public happy but also rural postal staff with clear and happy minds and saves the departmental staff also keeping them away from being identified as subsidiary offenders.

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Chapter XIISOLUBILITY OR MATCHING FINANCE

12.1 It is inherent feature of the Government and the department in thinking how to match the finance and whether it is soluble or not.Certainly on conversion of GDS BOs as Rural Post Offices and GDS staff as Rural Post Masters / Rural Postal Assistants there will not be any burden on Government and department as well. For that the illustration furnished here under may kindly be perused. As the 7th PC is yet to be finalized, the present figures are taken. The raise in salaries in 7 th PC will automatically based on the raising cost and there by income through raised revenues and revised commissions and subsidies.

12.2 Taking present figures, the matching finance is as follows.A) For Department of Posts:As it is suggested in earlier paras Accounts, Accounts suspension and administrative supervision of Rural Post Offices are reciprocal services for their Mails, delivery, Registration, MOs, Speed Post, MNREG (Agency Service) SSP (Agency Service) by Rural Post Office. Still department of Posts in doing another duties such as Inspection and Investigation.There are 1,29,378 GDS BOs (Rural Post Offices). Each IP /ASP has to spent 1 day for inspection per BO. 3 days for triennial review and 100% verification. But he does only 1/3 BOs in a year, hence he spends average 1 day for this work per BO per year.Total days spent by IP / ASP are 1 +1 = 2 per BO per year.Average Cost: a)

Pay Per Month(IP / ASP) 9300 - 34800 Average Cost

22050Grade Pay 4200 - 4600 Average Cost

440026450

DA 121% [present 107 + 01-01-2015 (presumptive)- 7% + 01-07-2015 – 7%(presumptive)]

32005

HRA 10% (as it is for rural area) 2645Transport Allowance 1600 + 121% 3536Total 64636

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Leave Salary 30 days EL + 10 CML + 8 day CL = 48 days /12 = 4 days per month = 64636 x 4 / 30

8618

Bonus 3500 x 2 (for 60 days), 60 / 12 = 5 days per month i.e. 3500 x 5 / 30

583

CCA and other allowances ignored ---Pensionary benefits ignored as it is a commitment of Government.

---

Per Month 73834For 2 days 73834 x 2 / 30 = 4922 per BOCost of IP / ASP for all 129378 BOs = 129378 X 4922=

63679851 per month

Per Annum = 76,41,58,212

b)

Pay Per Month(MO) 5200 - 20200 Average Cost

12700Grade Pay 2400 - 2800 Average Cost

2600Total 15300DA 121% 18513HRA 10% 1530Transport Allowance (800 + 968) 1768Total 37111Leave Salary 37111 x 4 / 30 (as shown above) = 4948Bonus (as shown above) 583Per month 42642For 2 days = 42642 x 2 / 30 = 2842 per BOCost of MO for 129378 BOs = 2842 x 129378 = 36769227 per monthPer Annum = 44,12,30,724

c) Both 2 categories i.e. IP/ASP and MO performs journey for inspection / investigation and they are entitled for TA / DA.TA: Calculation of TA may take laborious work and it is not fruitful also since these categories of officials maintaining motor cycles. For sub divisional head quarters some BOs may be nearer and some are far from BO.

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The average distance traversed by official keeping nearer and far BOs in view will be 10 + 10 Kms. The IP/ASP and MO are spending 2 days in a month each as above furnished per BO.

IP / ASP = 2 days per month per BO.

MO = 2 days per month per BO

Total Days = 4 days per month per BO.

Distance traversed = 4 x 20 = 80 Kms per month per BO.

Road mileage admissible Rs. 80 x 12 = Rs. 960 per BO

For all 129378 BOS Rs.960 x 129378 = Rs. 1, 24, 20, 288 per month.

i.e 1, 24,20,288 x 12 = Rs. 14, 90, 43, 456/- per Annum.

DA: As Road mileage is given as above they are entitled for food allowance in the place of DA. Food Allowance is Rs.150/- for MO per day and it is Rs. 225/- for IP/ASP per day.

MO: No. of days per month = 2 days per BO.

Food allowance Rs. 2 x 150 = 300 per month per BO.

For 129378 BOs Rs 300 x 129378 = Rs. 3,88,13,400 per month.

Per annum Rs.3,88,13,400 x 12 = Rs. 46,57,60,800 per annum.

IP/ASP: No. days per month = 2 days per BO.

Food Allowance Rs. 2 x 225 = Rs. 450 per month per BO.

For 129378 BOs Rs. 450 x 129378 = Rs. 5,82,20,100 per month.

Per Annum 5,82,20,100 x 12 = Rs. 69,86,41,200.

MO TA / DA = Rs. 46,57,60,800

IP / ASP TA / DA = Rs. 69,86,41,200

Total Amount = Rs. 116,44,02,000 per annum.

In addition to it one clerk has to spent for inspection and 1clerk has to spent for investigation at DO fulltime besides Inspector / ASP and Superintendents supervision at Divisional Head Quarters.

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The cost of a clerk is that of a Mail Overseer as given at para b) above. i.e. Rs. 42,642 per month. There are 441 divisions in the country whose inspection work and investigation work is done at divisions 1 clerk for Inspection and 1clerk for Investigation at an average since in some divisions work may be less and working on combination and in some divisions work may more, working more than 1 clerk each for investigation and also for inspection as well.

d) Inspection Cost of Clerk 42642 x 441 Divisions = Rs. 1,88,05,122 per month.

Per Annum = 1,88,05,122 x 12 = Rs. 22,56,61,464.

e) Cost of Investigation clerk is also same i.e. Rs. 22,56,61,464 per annum.

In addition to that supervision of IP / ASP and divisional Superintendent at Divisional Head Quarters has to be carried out in the above investigation and inspection clerks which is 20% i.e. 1/5th cost of IP / ASP and 1/5th cost of SP.

f) Cost of IP / ASP at divisional head quarters.

Cost of IP / ASP as mentioned at para a) = Rs. 73,834 per month per division.

1/5th of 73,834 = Rs. 14,767 per month per division.

For 441 divisions 14,767 x 441 = Rs. 65,12,247 per month

Per annum = Rs. 7,81,46,964.

g) Cost of SP at divisional head quarters.

Pay 9300 – 34800, AC = Average Cost Rs.22,050Grade Pay 4800 – 5400, AC = Average Cost Rs. 5,100Total = Rs. 27,150DA 121% = Rs. 32,852HRA 10% = Rs. 2,715Transport Allowance 1600 + DA = Rs. 3,536

= Rs. 66,253Leave Salary 66253 x 4 / 30 = Rs. 8,833Bonus = ---Per Month = Rs. 75,0861/5th of 75086 = Rs. 15,017 per month per

division

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For 441 divisions 441 x 15017 = Rs. 66,22,797 per monthPer Annum 66,22,497 x 12 = Rs.7,94,69,964 per annum

Cost at Regional, Circle, Directorate levels for Inspection and Investigation is ignored as basic work will be done up to DO level only. The above offices do administrative work can be taken under administrative supervision.

h) Cost of Inspection and Investigation work of Rural Pos per annum is;

Cost of Inspector / ASP = Rs.76,41,58,212

Cost of Mail Overseer = Rs. 44,12,30,724

TA and DA = Rs. 116,44,02,000

Cost of Inspection Clerks at DO = Rs. 22,56,61,464

Cost of Investigation Clerk at DO = Rs. 22,56,61,464

Cost of IP/ASPs at Divisional H.Qs = Rs. 7,81,46,964

Cost of SP at divisional Head Quarters

= Rs. 7,94,69,964

Total = Rs. 297,87,30,792

Sundries for material for Inspection and Investigation work cost of other assistance 25%

= Rs. 74,46,82,698

Total = Rs. 372,34,13,490

Coefficient for other miscellaneous work 25%

= Rs. 93,08,53,372

Total = Rs. 465,42,66,862

If commission on SB and RD accounts kept with Government and Mails,

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Delivery, Registration, Speed Post, MOs, NREG, SSP are done by rural POs as reciprocal services and cost of Rural Staff is met by Government itself there will be another extra expenditure other than Inspection and Investigation on Postal department i.e. stationary for SB, RD at rural Pos, say suppose every account holder transacts 1 SB deposit, 1 SB withdrawal, 1 RD deposit and 1 MO per month.

Say suppose each;

(i) SB Withdrawal Forms (SB7):

Minimum no. of SB accounts 200 per PO.

SB withdrawls 200 per month per BO.

i.e. for 129378 Pos 129378 x 12 = 1552536 per month.

Cost 1552536 x cost 0.118 = 1,83,199 per month = 21,98,388 per annum.

(ii) SB deposit forms (SB103):Same = 21,98,388 per annum.

(iii) RD deposit forms (SB103):Same = 21,98,388 per annum.

(iv) SB Journals (SB-2):SB deposits 200 per month.SB withdrawals 200 per month.Total entries 400 per month.i.e. 4800 per annum.20 x 100 = 2000 entries can be made in a Journal.Hence 3 journals for SB.

For RD 50% of above since only deposits are taken and withdrawals are not regular i.e. 3/2 = 1.5 say 2 journals. Annual consumption 5 journals per PO.

For 129378 PO = 129378 x 5 = 646890 Journals.

Cost 646890 x cost 13.65 = Rs. 8,83, 00, 485.

(v) SB Specimen Signature Books (SB-6):One book each may be used for SB and RD per annum per PO = 2For 129378 BOs = 129378 x 2 = 2,58,756Cost is 258756 x cost 41 = Rs. 1,06,08,996.

(vi) SB / RD Passbook (SB-5):

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There will be 10% use for SB fresh Passbooks per PO per annum.200 x 10% = 20.There may be 20% use for SB new A/cs200 x 20% = 40.There may be 20% use for RD new A/cs.200 x 20% = 40.Total new Passbooks used 20 + 40 + 40 = 100 per PO.For 129378 = 129378 x 100 = 1,29,37,800.Cost 12937800 x 1.7772 = Rs. 2,29,93,058 per annum.The total Cost of Forms will be:

SB 7 (Withdrawal Forms) = Rs.21,98,388

SB 103 (Deposit forms) for SB = Rs.21,98,388

SB 103 (Deposit forms) for RD = Rs.21,98,388

SB – 2 (SB Journals) = Rs. 8,83,00485

SB – 6 (SS Books) = Rs. 1,06,08,996

SB – 5 (Passbooks) = Rs. 2,29,93,058

= Rs. 12,84,97,703

Sundries for lists etc 25% = Rs. 3,21,24,425

Extra cost on stationary for SB and RD for Department of Posts

= Rs. 16,06,22,128

Extra cost on Inspections and Investigations for Department of Posts

= Rs. 465,42,66,862

Extra cost on stationary for SB and RD for Department of Posts

= Rs. 16,06,62,128

Total = Rs. 481,49,28,990

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Say 482 crores Department of Posts has to spent at the minimum for Inspection and Investigation of Rural Pos and supply of stationary relating to SB and RD to Rural Pos. This can be compensated to Postal Department by Government as at present it is giving subsidy for rural post offices around 650 crores as learnt. The raise in salaries to departmental staff and rural postal staff will be within this 650 crores or to be raised in view of raising cost, commission payable and economic conditions of the country.

Thus the cost borne by Department of Posts is matched.

B) For Government of India:

As it is suggested in earlier paras Mails, Delivery, Registration, MOs, Speed Post, MNREG, SSP of rural post offices as reciprocal services as their Accounts, Accounts Supervision, administrative supervision by Department of Post, the total cost of Rural Postal Staff may be met by Government of India in lieu of Commission on SB & RD accounts.

(i) Cost on Rural Post Offices as on Today:

No. of Rural Post Offices = 129378

Working strength of GDS = 263326

Average Cost of Rural Employee:

Salaries 2745 - 6470 = Average Cost Rs. 4,608DA 121% (as on 31-12-2015 presumed)

= Rs. 5,576

Total = Rs. 10,184Leave Salary 20/12=1.67 days per month 10184 x 1.67/30

= Rs. 567

Bonus (as above mentioned) = Rs. 583Per month = Rs. 11,334Per annum x 12 = 1,36,008Average cost per GDS Agent per annum

= Rs. 1,36,008

Cost of 263326 GDS Staff is 263326 x 136008

= Rs. 3581,44,42,608

OMA 129378 x 100 x 12 = 1,55,25,360Total expenditure on Rural staff = Rs. 3582,99,67,968

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Say 3,583 crores

(ii) Commission on SB, RD Accounts:

No. of BOS = 129378

At an average every BO is maintaining 200 SB + 200 RD Accounts

= 400

Total no. of SB, RD accounts at Rural BOs approximately

= 5,17,51,200

Commission being paid per A/c as on day = 175.46

Total commission on SB and RD A/cs at rural POs

= 908,02,65,552

Say 908 crores

Percentage of commission paid to cost = 25.34%

This cost will be increased in next pay commission either in the shape of GDS or 7th PC and commission on SB and RD also will be raised. Even then the cost will be more than commission on SB and RD payable. It should be taken as expenditure on essential services to rural areas through post office as there is demand by public to have postal services, as there is commitment by political leaders and commitment to Government to serve common public in rural areas as they cannot go far for these services and expecting at their village the Government may consider this as essential service.

12.3 As such,

1. GDS Post Offices may be converted into Departmental Group ‘E’ or Group ‘C’ Rural Post Offices.

2. GDS staff may be converted into departmental Group ‘E’ or Group ‘C’ Rural Post Masters / Rural Postal Assistants.

3. Commissions on SB and RD at rural POs may be kept with Government of India.

4. Total expenditure on rural postal staff may be met by Govt. of India.5. Postal Department may do Accounts, Accounts Supervision, and

Administrative Supervision of Rural Post Offices as reciprocal service.6. Govt. of India may do at Rural Pos Mails, Delivery, Registration, MOs,

Speed Post, NREG and SSP of Postal Department as reciprocal service.7. Govt. of India may allow around Rs. 650/- crores per annum as subsidy to

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Postal Department for its doing Inspection and Investigation of Rural Post Offices and supply of stationary for SB and RD to Rural Post Offices.

8. Department of Posts may supply forms and stationary for SB and RD to Rural Post Offices, along with other stationary and forms.

Chapter XIII

PRESENT WAGE STRUCTURE WITH ITS BACKGROUND13.1 Before suggesting the wage structure for next enquiry committee (inclusion in

7th PC is requested), the various changes occurred in GDS system due to the findings of several committees and anomalies unsolved and disparities continued should be explained. As such after explaining them in Toto, our request for grant of various scales and fixation of Rural Branch Post Masters and Rural Postal Assistants is furnished at close of this chapter. Our federations’’ submitted memorandum to 7th CPC and our request through that memorandum is taken as base to avoid disparities.

13.2 In this memorandum proposed Rural Post Masters and Rural Postal Assistants are taken as civil servants under category Group ‘E’ or Group ‘C’ as considered by Government and all benefits to Central Government Employees (leave encashment for 15 days per year in addition as leave arrangements to huge number of these post offices always is a difficult exercise) suggested to Rural Post Masters / Rural Postal Assistants.

13.3 However the comparisons of duties are taken with a different view such as,

a) Though RPMs perform all most all services like Postal Assistants, it is not compared, as Postal Assistants are having other duties carrying more responsibilities such as checking RPMs work, consolidation and accountings. More over Postal Assistant is a promotional post to RPM carrying higher responsibilities. Now full workload of 7 or 8 hours is suggested for RPM. If both are placed together, never the departmental quota of Postal Assistants filled ups since it is available in lower cadre. In postal assistant cadre also it may create disinterest which may lead to several anomalies, litigations and arbitrations. More over their promotional cadres such as MTS and Postman will be at lower scales. As such separate scales to Rural Post Masters are suggested keeping in view of their promotions to MTS, Postman and Postal Assistants.

b) Though Rural Postal Assistants perform almost all duties of MTS or Postman, it is not compared since MTS and Postman are promotional

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posts to RPA. Now full workload of 7 or 8 hours is suggested for RPA. If these are placed along with MTS or postman, never the departmental quota of MTS or Postman filled up since it is available in lower cadre. In MTS and postman cadres also it may create disinterest which may lead to several anomalies, litigations and arbitrations. As such separate scales to Rural Postal Assistants suggested keeping in view of their promotions to MTS, Postman and Postal Assistants.

The above exercise is given in next chapter XIV. Before that, what had happened in ED / GDS system so far is clearly explained here under.

13.4 It is submitted that before considering the wage structure, phenomenal changes that have taken place in the last half a century has to be considered. Before the ED Conduct Rules 1964, the ED Agents had no retirement, this means they could continue in service until death and so the question of retirement benefits did not arise. The ED system has its origin to the Dak Bungalow system which is about 180 years old which means even before the Postal Department was formed in 1854, there were EDs or their equals, may be outside Postal Department since the Department itself did not exist. Even after the Postal Department was formed in 1854, there were preferred categories for appointment as BPMs. Landlords, Planters, Businessmen, Government Servants, Teachers and Pensioners were the preferred category, this means they had independent livelihood and whatever allowance the Department paid was supplementary to their assured income. This rule has been drastically changed and all the above categories are unwelcome to be appointed as GDS.

In 1964, the ED Conduct Rules came into effect, since then a retirement age was prescribed without any retirement benefits. Subsequently the preferred categories have been withdrawn Reservation has been introduced to the SCs, STs somewhere in 1980 and OBC somewhere in 1990’s. The very fact that reservation has been introduced for about 50% of the ED staff secured employment because of their social, economic and educational backwardness. Further there was a time when the Branch Post Master was being treated as one of the Heads of villages – generally a landlord of the village and today every ED post is being filled not from any of the earlier preferred category. Secondly, though statutory reservation is

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only 50%, virtually almost 75% of GDS staff belong to weaker sections, as none with substantial sources opt for the job. Acceptance of the same by granting reservation up to 50% cannot be denied, since the upper caste have resources and they do not like to be bound by all these rules and confined themselves to the ED post, this means as the position stands, almost 90% of the GDS staff belong to SC, ST or OBC who have no other source of income. For them the main source of income is not the GDS allowance but that the only source of income is the GDS allowance.

The condition of possession of landed property for BPM and alternative source of livelihood for all GDS was dispensed with in 2003. The condition that the GDS should be a resident of the village also has been dispensed with. This means the GDS are like any Government servant liable to work where they are posted and they get a pittance and there is the draconian rule of providing accommodation for the BO which is impossible for the present generation of GDS, as such they must be treated as Government servants.

13.5 The GDS employees are performing almost the same duties of departmental employees in the corresponding category. The BPM is performing the duties of a Postal Assistant, GDSMD and GDSSV are performing the duties of Postmen and the other category of GDS employees are performing the duties of Group ‘D’.

13.6 Justice Talwar has recommended 5 scales for each category up to 7.5 hours. In respect of BPMs minimum of the pay scale recommended is for 3 hours only, whereas he has recommended for others the minimum scale for 3.45 (mts) 4 hours. A separate scale has been recommended for BPM who is performing the combined duty of delivery / conveyance. For EDDA – cum – EDMC, a separate scale has been recommended based on the average of EDDA/MC scale.

13.7 It is now established that the GDS employees are to be placed as civil servants under Group ‘E’ or ‘C’ on fulltime basis. We suggest separate scales for them for 7 or 8 hours work as discussed in next chapter XIV.

13.8 The GDS employees should be allowed to work for full time as the work at Rural Post Offices is drastically increased.

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13.9 In the present set up, there is only one scale for GDSSPM, 5 scales for GDSBPM and 3 scales for other GDS categories.

13.10 It has created serious anomalies for the Branch Post Masters whose work is for more than 125 points as there is no corresponding scale given to them though their work has been increased from 125 points. There is need for taking RPLI, MNREG, SSP into consideration. The BPMs who are working for more than 5 hours are paid only for 4 hours. Similarly, the EDDA / MCs who are performing for more than 5 hours are paid only for 5 hours.

The GDS Packers / MCs working in departmental SOs particularly in C class SOs, are detained in the office for 8 hours as their presence is needed and therefore they may be paid for 7.5 hours.

13.11 The BPM should open the office for a minimum 7 hours in the public interest and has to perform the duties of delivery / conveyance before / after these working hours. For computing the work load of the BPM who is performing combined duty, the working hours of 4 hours plus the average work load of delivery / conveyance to be added and a separate scale has to be recommended as per the recommendations of Justice Talwar instead of a meager flat rate of Rs. 250. The payment of Rs. 250 as combined duty allowance is nothing but a bonded labour.

Combination of Duties:

It is submitted that there are two types of combination of duties, one as a permanent measure and another as a temporary measure. In the case of permanent measure, the BPM is entrusted with either conveyance of mails or delivery work or both. Definitely the work hours will exceed his normal working hours of 4 for opening the office as we suggested. It is often found that the BPM is asked to perform the duty of the absentee GDSMD or GDSMC or both.

13.12 For the BPMs, there is no time factor for 80% of their work they are performing now in respect of all the new services introduced like NGRES, RPLI, Business Development Activities, e-Billing, Telephone Revenue Collections etc., the time factor should be fixed. This has to be included in the work load of the BPM.

13.13 There is another serious anomaly in the scale of EDDA – cum – EDMC. If the work load of the EDMC is more than the work load of

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EDDA, EDMC scale is given, even though he is performing the duties of EDDA, higher responsibilities. It results in less payment, Justice Talwar Committee justifiably recommended by adapting the principle in fixing the scale of EDDA – cum – EDDC taking the average emoluments, recommended a separate scale.

13.14 As a result of introduction of pay scales (TRCA), if there is any decrease in the emoluments of any category of GDS employees, their emoluments should be protected. But this exercise is not done properly.

13.15 In the case of some GDSMCs as per the departmental arrangement and as per the lines and stages, they have to wait hours together in exchange of mails at either/ and any point, emanating, intermittent and terminating which is unavoidable. In all such cases the work load of EDMC has to be calculated on the basis of actual work hours but not on the basis of work load calculated on distance.

13.16 Increment: Justice Talwar has recommended incremental wage and he observed that is the civil right of the GDS employee to receive the wages. But the so called full and final settlement dated 17-12-1998 denied them the right by the terminology given to the increment as ‘future entitlement’. It is nothing but an increment for all purposes. We suggest a minimum of 5% of Pay should be recommended as increment within their scale.

13.17 Weightage to the length of Service: Consequent on implementation of orders dated 17-12-1998, the concept of international wage for the GDS employees was accepted for the first time. Justice Talwar in para 16 of his report after discussing the 5th Central Pay Commission Report, recommended the following increments in the proposed pay scales for different length of service.

1 1 to 5 years Nil

2 6 to 10 years 1 increment

3 11 to 15 years 2 increments

4 16 to 20 years 3 increments

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5 21 to 25 years 4 increments

We request that one increment for every 5 years of service may be granted.

13.18 Assured Career Progression (Financial Up Gradation):-

In the operative Group-C and D cadres of the Department of Posts, 3 time bound promotions were implemented i.e. MACP I, (after 10 years) MACP II (after 20 years), MACPIII (after 30 years of service) as financial up gradations. The GDS employees were discriminated as they have to spend their entire service in the same scale. Justice Talwar suggested two promotions for ED employees after every 10 years of service. We request to recommend three promotions for every 10 years of service for all categories of GDS employees.

This is much necessary as in spite of making the GDS cadre as the source of recruitment for Group-D / MTS and Postmen, hardly 1% of the GDS can become Group-D / MTS or Postman.

13.19 Pay Protection: As per the Directorate letter dated 11-10-2004, if GDS employee reaches maximum scale, he is not getting pay protection and not getting increment. If the maximum pay scale is less than his original pay, the difference amount should be protected as PP and stagnation increments be allowed.

13.20 As nowadays the GDSMD has to visit all the villages compulsorily due to the fact that everyday there would be at least one letter or newspaper (may be second class mail), the system of unfixed beat should be removed.

13.21 Wage structure in earlier ED / GDS Committees is furnished here under:

Basic Allowance of Extra Departmental Employees

CATEGORYOF

EDAS

1st Enquiry Committee

2nd Enquiry Committee

3rd Enquiry Committee

WEF 01-07-1959 WEF 01-09-1973 WEF 01-01-1986Wage for COL

Index 160 Points(Base 1939 = 100)

Wage for COLIndex 200 Points

(Base 1960 = 100)

Wage for COLIndex 608 Points

(Base 1960 = 100)MINIMU

M(Rupees)

MAXIMUM

(Rupees)

MINIMUM

(Rupees)

MAXIMUM

(Rupees)

MINIMUM(Rupees)

MAXIMUM

(Rupees)

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ED Branch Post Master

25 47 65 - 50 90 275 440

ED Stamp Vendor 32 47 72 - 50 90 270 450ED Delivery Agent, ED. Mail Carrier, ED. Packer, ED Runner etc.

24 42 65 - 00 77 – 50 270 420

For EDAs with work load of less than 2 hours.

20(Fixed

Amount)

---60 - 50(Fixed

Amount)

---240

(Fixed Amount)

---

Basic Allowance of GRAMINDAK SEVAKSCATEGORY OF EDAS 4th Enquiry Committee

WEF 01-03-1998GDS SPM TRCA Rs. 2125 – 50 – 3125

GDS Branch Postmaster TRCA 1280-35-1980 (Work load up to 3 Hours – Up to 75 Points)

TRCA 1600-40-2400 (Work load beyond 3 Hrs – beyond 75 Points)

GDS Stamp VendorGDSMD

TRCA 1375 – 25 – 2125 (Work load up to 3.45 Hours)

TRCA 1740 – 30 – 2640 (Work load beyond 3.45 Hours)

GDS MC / PackerRunner / Messenger

TRCA 1220 – 20 – 1600 (Work load up to 3.45 Hours)

TRCA 1545 – 25 – 2020 (Work load beyond 3.45 Hours)

Basic Allowance of Gramin Dak Sevaks in 5th Enquiry Committee headed by Sri R.S. Nataraja Murthy:

S.No Category GDS

Existing TRCA(Rs.)

Revised TRCA w.e.f 01-01-2006

(Rs.)

Work load in points

Work load in hours

1 GDS Sub

Postmaster

2125-50-3125 4575 – 85 - 7125 --- 4 - 5 hrs

2 GDS Branch

Postmaster

1280-35-1980 2745 - 50 - 4245 75 points Up to 3 hours work

New TRCA slab 3200 - 60 - 5000 87.5 points More than 3 hours up to

3 hours 30 minutes.

1600-40-2400 3660 – 70 - 5760 100 points Up to 4 hrs

New TRCA slab 4115 – 75 - 6365 112.5 points More than 4 hours up to

4 hours 30 minutes.

New TRCA slab 4575 – 85 - 7125 Up to 125 More than 4 hours 30

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points minutes up to 5 hours.

3 GDS Mail

Deliverer /

Stamp Vendor

New TRCA slab 2665 – 50 - 4165 --- For work up to 3 hours

for new entrants.

1375-25-2125 3330 – 60 - 5130 --- For work load up to 3

hours 45 minutes.

1740-30-2640 4220 – 75 - 6470 --- More than 3 hours 45

minutes up to 5 hours.

4 GDS Mail

Carrier /

Packer /

Mailman

New TRCA slab 2295 – 45 - 3695 --- More than 3 hours 45

minutes up to 5 hours.

1220-20-1600 2870 – 50 - 4370 --- More than 3 hours up to

3 hours 45 minutes.

1545-25-2020 3635 – 65 - 5585 --- More than 3 hours 45

minutes up to 5 hours.

Chapter XIVWAGE STRUCTURE SUGGESTED FOR NEXT ENQUIRY COMMITTEE FOR

PROPOSED RURAL POST MASTERS & RURAL POSTAL ASSISTANTS

(NOW GDS)

14.1 For submitting proposed wage structure the lowest post in the Department of Posts i.e. MTS is taken as base as it is a promotional post for Rural Post Masters / Rural Postal Assistants.

14.2 Its existing scales are as follows:

SCALE GRADE PAY

MTS Initial Stage 5200 - 20200 1800

Group ‘D’ MACP I 5200 - 20200 1900

Group ‘D’ MACP II 5200 - 20200 2000

Group ‘D’ MACP III 5200 - 20200 2400

For clear discussion other posts are also to be examined.

SCALE GRADE PAY

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Postman / Mail Guard 5200 - 20200 2000

Postman / MACP I 5200 - 20200 2400

Postman / MACP II 5200 - 20200 2800

Postal / Sorting Assistants 5200 - 20200 2400

Supervisor (LSG) / MACP I PA

5200 - 20200 2800

Post Master Grade I 5200 - 20200 2800

14.3 The above data reveals that 6th PC has no objection to give same pay scale to some cadres in the same pay band showing difference in Grade pay only. For minimum scale in the pay band to the lower post was shown i.e. for MTS is 5200 – 20200 with Grade pay is 1800 and with annual increase as 3%. The span is as follows:

5200 + 1800 = 7000 initially.

Raise Pay + Raise Total

After 1st increment 7000 x 3% = 7000 + 210 = 7210

After 2nd increment 7210 x 3% = 7210 + 216 = 7426

After 3rd increment 7426 x 3% = 7426 + 223 = 7649

After 4th increment 7649 x 3% = 7649 + 229 = 7878

After 5th increment 7878 x 3% = 7878 + 236 = 8114

After 6th increment 8114 x 3% = 8114 + 243 = 8357

After 7th increment 8357 x 3% = 8357 + 251 = 8608

After 8th increment 8608 x 3% = 8608 + 258 = 8866

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After 9th increment 8866 x 3% = 8866 + 267 = 9133

After 10th increment 9133 x 3% = 9133 + 274 = 9407

After 11th increment 9407 x 3% = 9407 + 282 = 9689

After 12th increment 9689 x 3% = 9689 + 291 = 9980

After 13th increment 9980 x 3% = 9980 + 299 = 10279

After 14th increment 10279 x 3% = 10279 + 308 = 10587

After 15th increment 10587 x 3% = 10587 + 318 = 10905

After 16th increment 10905 x 3% = 10905 + 327 = 11232

After 17th increment 11232 x 3% = 11232 + 340 = 11572

After 18th increment 11572 x 3% = 11572 + 347 = 11919

After 19th increment 11919 x 3% = 11919 + 358 = 12277

After 20th increment 12277 x 3% = 12277 + 368 = 12645

After 21st increment 12645 x 3% = 12645 + 379 = 13024

After 22nd increment 13024 x 3% = 13024 + 391 = 13415

After 23rd increment 13415 x 3% = 13415 + 402 = 13817

After 24th increment 13817 x 3% = 13817 + 415 = 14232

After 25th increment 14232 x 3% = 14232 + 423 = 14657

After 26th increment 14657 x 3% = 14657 + 440 = 15097

After 27th increment 15097 x 3% = 15097 + 453 = 15550

After 28th increment 15550 x 3% = 15550 + 467 = 16017

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After 29th increment 16017 x 3% = 16017 + 481 = 16498

After 30th increment 16498 x 3% = 16498 + 495 = 16993

After 31st increment 16993 x 3% = 16993 + 510 = 17503

After 32nd increment 17503 x 3% = 17503 + 525 = 18028

After 33rd increment 18028 x 3% = 18028 + 541 = 18569

After 34th increment 18569 x 3% = 18569 + 557 = 19126

After 35th increment 19126 x 3% = 19126 + 574 = 19700

After 36th increment 19700 x 3% = 19700 + 591 = 20291

Say 20200

14.4 The present scale of MTS i.e. 5200 – 20200 is having a span of 36 increments having link with several scales. It is lengthy and scientific. This pay band came into force on introduction of grade pay. Less difference in grade pay is not creating dissatisfaction in cadres earning higher position and responsibilities. If this grade pay is not continued at the time of completion of 2nd year the pay of initial appointment will reach the minimum of MACP and it will be a great unsolved anomaly forever. Hence pay band and grade pays may be continued.

As such only one scale is suggested for Rural Post Masters / Rural Postal Assistants with various grade pays. As such running scale (instead of fixed increments, 5% raise on basic pay plus grade pay every year) will be the better. In such a case the difference between minimum and maximum has 38 increments of span so fixed and we suggest the same for Rural Post Masters and Rural Postal Assistants.

14.5 In Sri Nataraja Murthy’s Committee scales are so fixed as mentioned in chapter III comparing GDS BPM to Postal Assistant, GDS MD to Postman and GDS MC to Group ‘D’ / MTS on prorata basis. Here in this memorandum we suggest departmentalization of GDS with civil post status for fulltime say 7 or 8 hours i.e. split or continuous giving 7 hours 30 minutes workload at an

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average. Then earlier comparison on prorata is not having any scientific reason. Moreover MTS is a promotional post to Rural Post Masters and Rural Postal Assistants. When MTS is a promotional post fixation of RPMs / RPAs should be just below MTS cadre.

For fixation in 7th PC to RPMs / RPAs there are no scientific scales below MTS in 6th PC except prorata wages. As such for fixation of scales in 7th PC to Rural Post Masters and Rural Postal Assistants presumptive scales in 6 th PC should be assessed as if they have been given w.e.f 01-01-2006 had they been departmentalized as on that date of 01-01-2006. This is for fixation of scales to RPMs/ RPAs in 7th PC having no financial commitment till 31-12-2015, and new pay scales in 7th PC are effective from 01-01-2016 only.

14.6 Minimum of Scale to RPM / RPA in 7th PC:

Our Federation for Postal Employees has requested Rs. 33,000/- minimum to MTS, where as they were in 5200 – 20200 with Grade pay Rs. 1800/- with 3% annual raise in 6th PC. They may be at 121% DA as on 31-12-2015 (considering 107% present + 7% on 01-01-2015 + 7% on 01-07-2015).

The minimum of the scale Rs. 33000/-proposed by our Federation for Postal Employees may be read as follows:

Minimum Pay of MTS in 6th PC = 5200

Grade Pay = 1800

7000

25% raise in 7th PC on minimum of 6th Pay in PB1 = 1300DA 121% as suggested earlier as on 31-12-2015 on min pay + Grade Pay = 8470

80% fitment on the maximum of scale i.e. 20200 = 16160

32930

Say 33000.

14.7 Thus MTS in 5200 – 20200 with Grade pay Rs. 1800/- was suggested to be fixed at the minimum 33000/- in the 7th PC by our Federation for Postal Employees. Then for comparison one more element is there that is grade pay, i.e. Rs. 1800/- to MTS.

14.8 In the above illustration there is no mention of Grade pay in the proposed scale of MTS. But it is the element should be continued to maintain somewhat

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balanced structure in all cadres and to show the cadre difference and higher responsibilities, with slight differences. The proposed minimum pay arrived as above is 33000. In which Grade pay component will be,

Grade pay = 1800

DA at 121% = 3978 Say 4000.

Pay component 33000 – 4000 = 29000

Grade pay component = 4000

33000

14.9 To RPM / RPA presumptive grade pay may be given as follows: (deeming it is given in 6th PC)

a) Rural Postal Assistant:

Presumptive Grade pay at initial stage = Rs. 1000/-

Presumptive Grade pay on MACP I (after 10 years) = Rs. 1100/-

Presumptive Grade pay on MACP II (after 20 years) = Rs. 1200/-

Presumptive Grade pay on MACP III (after 30 years)= Rs. 1300/-

b) Rural Post Master:

Presumptive Grade pay at initial stage = Rs. 1400/-

Presumptive Grade pay on MACP I (after 10 years) = Rs. 1500/-

Presumptive Grade pay on MACP II (after 20 years) = Rs. 1600/-

Presumptive Grade pay on MACP III (after 30 years) = Rs. 1700/-

14.10 Minimum and maximum of presumptive pay to RPM / RPA may be given as follows: (deeming given in 6th PC):

We are comparing this with MTS who was at minimum in 6 th PC on 5200 – 20200 with Grade pay Rs. 1800.

RPA presumptive minimum at initial stage = 1000 x 5200 / 1800 = 2888.

Say Rs. 3000/-

Presumptive maximum at initial stage = 1000 x 20200 / 1800 = 11200 just it is equivalent to that of present allowances drawn.

i.e. Max TRCA for GDS Rs. 7125/- for 5 hours. For 7.5 hours it is 10688.

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14.11 Proposed minimum to Rural Post Masters and Rural Postal Assistants for 7 th

PC as furnished here under may be considered. Our Federation for Postal Employees suggested to 7th PC for minimum 33000/- to MTS at initial stage and 41000 on MACP I. Then proposed minimum pay to RPM / RPA as follows which may be considered. For MTS 33000/- was suggested with GP Rs. 1800/- at initial stage. When GP is not mentioned it deems that it is the mixture of pay component and GP component.

14.12 As assessed in para 14.9, pay component is 29000/- and GP component is Rs. 4000/-. As it is delinked with GP component, pay component is same for all cadres in 5200 – 20200 in the 6th PC and now re-fixed in 7th PC as Rs. 29000/-.

14.13 Similarly for Rural Postal Assistants and Rural Post Masters are to be calculate,

i) Proposed minimum pay at initial stage to RPA / RPM =

= {Minimum of proposed Pay component to MTS in 7 th PC} x {[Presumptive minimum of RPA / RPM in 6th PC] / [Actual Minimum of MTS in 6th PC]}

= 29000 x 3000 / 5200 = 16730.

ii) It can be calculated in other way also: i.e.,

Presumptive Minimum Pay to RPA / RPM = 3000Presumptive GP at Minimum = 1000

= 400025% Raise on presumptive Minimum pay 3000 x 25%

= 750

121% DA (up 31-12-2015) on presumptive minimum pay is + presumptive minimum GP (3000 + 1000)

= 4840

Fitment 80% on presumptive maximum of RPA / RPM as fitment (11200 x 80%)

= 8960

= 18550

iii) In type (i) and (ii) thee is slight difference in presumptive pays as the presumptive GP is taken as base for calculation presumptive pay at minimum

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to RPA / RPM.As such the mean of items (i) and (ii) above may be taken as proposed minimum pay to RPA / RPM.

Presumptive Minimum Pay to RPA / RPM as per (i) above

= 16730

Same as per (ii) above = 18550Average is 35280/2 = 17640

Say 18000

iv) As such proposed minimum pay of Rural Postal Assistants / Rural Post Masters is suggested as Rs. 18,000/- only. As it gives room for anomaly in initial fixation of RPAs / RPMs, weightage to GDS service is to be considered on automatic consideration of financial up gradation on MACP I, II, III to RPAs keeping proposed minimum pay component of MTS i.e. 29,000/-

v) Then the rule suggested for fixation of pay to present GDS in 7 th PC as Rural Post Masters and Rural Postal Assistants is as follows:

The proposed minimum of the pay in 7th PC is suggested based on presumptive minimum pay, and presumptive grade pay to RPAs and RPMs.

As such fixing on pay drawn till 31-12-2015 becomes unscientific. Moreover all RPAs / RPMs will start their carrier with Rs. 18,000/- as their initial pay. To show the difference the following method may adapted to all RPAs / RPMs.

14.14 Initial fixation to RPAs / RPMs as follows at the time of implementation of 7 th

PC.

Rural Postal Assistant:

Up to 5 years 18000 + GPAfter 5 years 18000 +1 increment i.e. 5% on 18000 + GPAfter 10 years (MACP I) 18000 + 3 increments i.e. 15% on 18000 +

GP (For MACP I one more increment)After 15 years 18000 + 4 increments i.e. 20% on 18000 +

GP After 20 years (MACP II) 18000 + 6 increments i.e. 30% on 18000 +

GP (For MACP II one more increment)After 25 years 18000 + 7 increments i.e. 35% on 18000 +

GP After 30 years (MACP III) 18000 + 9 increments i.e. 45% on 18000 +

GP (For MACP III one more increment)

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After 35 years 18000 + 10 increments i.e. 50% on 18000 + GP i.e. 18000 + 9000 = 27000 which is less than proposed pay component of MTS i.e. 29000 which is a promotional post. If this is not followed there will be no charm in promotions.

Rural Post Master:To show difference between RPA and RPM 2 increments may be given at initial stage of fixation of RPM also. Then,Up to 5 years 18000 + 2 increments i.e. 10% on 18000 +

GPAfter 5 years 18000 +3 increments i.e. 15% on 18000 + GPAfter 10 years (MACP I) 18000 + 5 increments i.e. 25% on 18000 +

GP (For MACP I one more increment)After 15 years 18000 + 6 increments i.e. 30% on 18000 +

GP After 20 years (MACP II) 18000 + 8 increments i.e. 40% on 18000 +

GP (For MACP II one more increment)After 25 years 18000 + 9 increments i.e. 45% on 18000 +

GP After 30 years (MACP III) 18000 + 11 increments i.e. 55% on 18000 +

GP (For MACP III one more increment)After 35 years 18000 + 12 increments i.e. 60% on 18000 +

GP i.e. 18000 + 10800 = 28800 which is less than proposed pay component of MTS i.e. 29000 which is a promotional post. If this is not done there will be no charm in promotions.

14.15 No bunching is suggested as it is not giving any room for any anomaly at any stage.

14.16 The above fixation is suggested for initial fixation on implementation of 7 th PC. There after normal procedure may be followed i.e. giving every increment after completion of every year of service from the date of implementation i.e. 1 year after 01-01-2016 i.e. from 01-01-2017, following the length of service as mentioned in para 14.14.

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14.17 Grade Pay: Grade pay to RPA / RPM is as follows in 7th PC.

At present MTS at initial stage is on 1800 GP. In 7th PC his pay suggested by federations’ is 33,000/- i.e. as 29,000/- pay component and 4000 GP component as discussed at para 14.8. The presumptive Grade pay at the minimum to Rural Postal Assistants / Rural Post Masters was given at para 14.9. 1800 GP of MTS was proposed as 4000 GP component in 7th PC.

As such Grade pay for Rural Postal Assistants and Rural Post Masters in 7 th

PC is suggested as follows.

Rural Postal Assistants:

At initial stage 4000 x 1000 / 1800

= 2222 i.e. 2200.

On MACP I (after 10 years of service)

4000 x 1100 / 1800

= 2444 i.e. 2400.

On MACPI I (after 20 years of service)

4000 x 1200 / 1800

= 2666 i.e. 2600.

On MACP III (after 30 years of service)

4000 x 1300 / 1800

= 2888 i.e. 2900.

Rural Post Masters:

At initial stage 4000 x 1400 / 1800

= 3111 i.e. 3100.

On MACP I (after 10 years of service)

4000 x 1500 / 1800

= 3333 i.e. 3300.

On MACPI I (after 20 years of service)

4000 x 1600 / 1800

= 3555 i.e. 3500.

On MACP III (after 30 years of service)

4000 x 1700 / 1800

= 3777 i.e. 3800.

In all the above cases it is rounded off to next hundred and where as in the case of MACP II it is rounded off to below hundred to remove the dissatisfaction to MACP III candidates. However proposed GP to RPA / RPM is less than proposed GP component of MTS i.e. Rs. 4,000/-.

14.18 Length of Pay Scale: For this minimum pay proposed for RPA is 18000 and RPM 18000 plus 2 increments. If span of 36 years in 6 th PC taken as base it will be 36 + 2 = 38 years and almost all will retire by 38 years, if not they will

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have to stay at stagnation as stagnation increments cannot be suggested in this running scale. Moreover span of 38 years will be somewhat reduced by maximum 12 increments due to allowing one increment added for every 5 years and one more increment is added for each MACP besides giving 2 increments as initial fixation of Rural Post Master. However proposed minimum pay on initial fixation i.e. Rs. 18000/- is taken as base. Then span of pay scale will be as follows with 5% raise every year due to allowing increments. For 36 years span the GP was also taken in 6 th PC, where as GP earn increments the minimum Pay for RPA 18000 + GP 2200 is taken as base though there are proposed GPs ranging between 2200 to 3800.

14.19 Increments: Increment is 5% on basic pay every year besides MACP I, II, III promotions. This is in addition to 2 increments i.e. 5 + 5 = 10% allowed to Rural Post Masters on initial fixations.

14.20 Maximum of pay scale for RPA and RPMs get together as per incrementation mentioned in para 14.19.

At initial entry pay 18000 + GP 2200 = 20200.

Pay x Raise Pay + Raise

Total

At initial entry --- = 20200 --- = 20200

After 1st increment 20200 x 5% = 20200 + 1010 = 21210

After 2nd increment 21210 x 5% = 21210 + 1061 = 22271

After 3rd increment 22271 x 5% = 22271 + 1114 = 23385

After 4th increment 23385 x 5% = 23385 + 1169 = 24554

After 5th increment 24554 x 5% = 24554 + 1228 = 25782

After 6th increment 25782 x 5% = 25782 + 1289 = 27071

After 7th increment 27071 x 5% = 27071 + 1354 = 28425

After 8th increment 28425 x 5% = 28425 + 1421 = 29846

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After 9th increment 29846 x 5% = 29846 + 1492 = 31338

After 10th increment 31338 x 5% = 31338 + 1567 = 32905

After 11th increment 32905 x 5% = 32905 + 1645 = 34550

After 12th increment 34550 x 5% = 34550 + 1728 = 36278

After 13th increment 36278 x 5% = 36278 + 1814 = 38092

After 14th increment 38092 x 5% = 38092 + 1905 = 39997

After 15th increment 39997 x 5% = 39997 + 2000 = 41997

After 16th increment 41997 x 5% = 41997 + 2100 = 44097

After 17th increment 44097 x 5% = 44097 + 2205 = 46302

After 18th increment 46302 x 5% = 46302 + 2315 = 48617

After 19th increment 48617 x 5% = 48617 + 2431 = 51048

After 20th increment 51048 x 5% = 51048 + 2552 = 53600

After 21st increment 53600 x 5% = 53600 + 2680 = 56280

After 22nd increment 56280 x 5% = 56280 + 2680 = 59094

After 23rd increment 59094 x 5% = 59094 + 2955 = 62048

After 24th increment 62048 x 5% = 62048 + 3102 = 65150

After 25th increment 65150 x 5% = 65150 + 3257 = 68407

After 26th increment 68047 x 5% = 68047 + 3402 = 71449

After 27th increment 71449 x 5% = 71449 + 3572 = 74621

After 28th increment 74621 x 5% = 74621 + 3731 = 78352

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After 29th increment 78352 x 5% = 78352 + 3918 = 82269

After 30th increment 82269 x 5% = 82269 + 4113 = 86382

After 31st increment 86382 x 5% = 86382 + 4319 = 90631

After 32nd increment 90631 x 5% = 90631 + 4532 = 95163

After 33rd increment 95163 x 5% = 95163 + 4758 = 99921

After 34th increment 99921 x 5% = 99921 + 4996 = 104917

After 35th increment 104917 x 5% = 104917 + 5246 = 110163

After 36th increment 110163 x 5% = 110163 + 5508 = 115671

After 37th increment 115671 x 5% = 115671 + 5783 = 121454

After 38th increment 121454 x 5% = 121454 + 6073 = 127527

Say 128000

14.21 As per para 14.20 the maximum of the scale is 128000 given 38 years span covering full length of service. This appears to be high but scientific. In earlier commissions uniform increment was given based on initial stage of the scale. Say suppose for basic pay 18000 + Grade pay 2200, increment for 20200 was assessed initially as 1010 and was continued for all the 38 years. Then increment earning for 38 years was 1010 x 38 = 38380. Then maximum would be 20200 + 38380 = 58580. Now it is doubled due to consideration of 6 th PC granting 3% which was now suggested as 5% raise every year on basic pay + Grade pay what was drawn a day before instead of giving uniform annual increase. As such calculation of maximum is purely scientific and span of 38 years, maximum of 128000 and running scale of 18000 – 128000 with 5% raise every year on pay + grade pay drawn in the previous year qualifies for increment may be considered.

14.22 Pay band should be pay band I shifting other pay bands by one number or giving special pay band, i.e. pay band R is suggested for Rural Post Masters

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and Rural Postal Assistants.

14.23 Thus proposed wage structure covering all aspects in this chapter XIV is requested to be considered.

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Chapter XV

PENSION, GRATUITY AND OTHER RETIREMENT BENEFITS15.1 The Hon’ble Supreme Court in its landmark judgment dated 22-04-1977 has

held that the Extra Departmental Agents are holders of civil posts though outside the regular establishment. Notwithstanding the nomenclature as ED Agents, the Supreme Court has held that the ED Employees are not Agents and relationship between the State and the ED employees is not that of principal and agent but is that of Master and Servant.

15.2 As a matter of fact, the statutory rules known as P&T ED Agents (Conduct & Service) Rules 1959 were framed treating the ED Agents as holders of Civil Posts within the meaning of Article 309 and 311 of the constitution on the advice of the Law Ministry itself (Para 13.2 of Madan Kishore Committee Report).

15.3 The Fourth Central Pay Commission admitted the status of the ED employees as Civil Servants and observed in Para 1.18:

“1.18: The matter is, however, beyond controversy after the decision of the Supreme Court in Gokulnanda 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 services, 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 were outside the purview of the terms of our Commission.”

15.4 There is no room for any controversy or doubt regarding the Extra Departmental employees (GDS) being holders of civil post under the ‘State’ or their being civil servants.

15.5 The GDS employees are, of course, holders of civil post for a lesser period of time than other civil servant either in the Department of Posts or elsewhere and they are peculiar to the Postal Administration. They are legally and constitutionally entitled for all benefits – monetary or otherwise proportionate to their duties and not simply to protection under Article 311(2) of the constitution.

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15.6 The Government or the Department of Posts have been denying all due facilities to the GDS (formerly ED) employees on wrong and misconceived premises and have still been harping on their prejudiced contention that the GDS employees are Agents and not civil servants.

15.7 In the aforesaid Judgment dated 22-04-1977, the Supreme Court has clearly ruled,

“It is thus clear that Extra Departmental Agent is not a casual worker but he holds a post under the administrative control of the State. It is apparent from the rules that the employment of an Extra Departmental Agent is in a post which exists ‘apart from’ the person who happens to fill it any particular time. Though such a post is outside the regular Civil Services, there is no doubt, it is a post under the State. The tests of a civil post laid down by the Court in Kanak Chandra Dutta’s Case (supra) are clearly satisfied in case of Extra Departmental Agents. ”

This satisfies the requirements of Article 309 of the constitution and in the light of the above ruling; the ED Agents now called GDS are civil servants for all purposes.

15.8 Justice Talwar Committee has noticed that the assurance given by the Government of India during the course of discussions on calling off the strike that the ED committee will be asked particularly to examine the demands of grant of pension to the ED Agents and made recommendations thereon vide DG letter No. 39-13/93-SR dated 10-12-1993. Justice Talwar has expressed displeasure that the Government first made a commitment and later on backed away from fulfilling it because of reservations shown by the Ministry of Finance. The Committee fell that the Government is collectively responsible and it is not a healthy sign that one Ministry proposes and another disposes. Commitment made by one Ministry has to be honoured by the Ministry of Finance. The Government should not go back on the assurance given to the House. Justice Talwar also observed that the ED Agents deserved grant of pension not only because of the social obligation of the State but also because Rule 2 of the Pension Rules is applicable in their case.

15.9 The Government all ready paying pension to its 37 lakhs of Government employees and this is an addition of 3 lakhs of employees at the bottom mostly from rural area.

15.10 Accpetedly the GDS are holders of civil posts as per the land mark judgment

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of the Hon’ble Supreme Court, equally acceptably they are not casual workers, much more so since they have a minimum age for entry and maximum age for superannuation, Conduct and Disciplinary Rules and liability under almost all the Departmental rules. They get their wages month wise and not day wise. They have leave facility and even before the 4 th E.D Committee Report. They were eligible for gratuity. As such, as recommended by Justice Talwar Committee, they were eligible for pension and other retirement benefits. But the pension was rejected and instead a severance allowance was granted.

15.11 Department of Posts on 17-12-1998 hurriedly issued the order unilaterally without discussing with the staff side, granting severance amount of Rs. 20000 and Rs. 30000 for 15 years and above 20 years of service respectively. This is patently unscientific. The GDS employee with 20 years of service is equated with the 30 years of service and more. The Central Government already announced pension scheme for the unorganized sector and several social security schemes for all sections of the society. The Department did not grant any social security scheme and they are not eligible for any kind of relief from the State as they are treated as employees of the Central Government.

Here one thing to be considered, this poor BPM paying pensions to 732 pensioners on social security measure is not assured of his retirement life. After having Putin 40 years of service approximately retiring on superannuation is being throughnout from the Department on getting Rs.60000 gratuity and Rs.60000 severance totally Rupees one lakh twenty thousand as one time settlement to lead the remaining life, entire family and self. The Govt. Which is very kind enough to see the security of social security pensioners should have a glance on the agent pays them their pensions in total service, is leaving the Department without any benefit and with sheded tears. If at least rupees 1000 being paid to social security pensioners is paid to their agent who did the said service in his service, the action of the Govt can be defined as a justified one. It is not untrue to say there is no other poor man in the country as no official served under Govt in many Departments or unable’d citizens of India to this GDS official retired. From Govt side no security was given to GDS from that day following the date of retirement.

15.12 The plea of the Government was that it requires a huge additional infrastructure; if the services are to be verified and pension settled at DAP level. There is no sanctity that the pension order should be issued by the DAP

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alone. The GDS mostly belong to the same division and when the gratuity can be authorized by the divisional head, there is no harm if a pension is also authorized by the divisional head and since the pension will be payable within the division, pension also can be authorized by the divisional head.

15.13 At present, the GDS retires at 65 years. Life span in India being 68.4 years, they may not live for a long period after retirement. Even if the age of his spouse is considered, it may be another 5 years in average after the death of the retired GDS. At present, an amount of Rs. 60000 is paid as severance allowance and in most of the cases there would be no extra expenditure even if pension is sanctioned with family pension facility.

15.14 The GDS belong to poor families and the lump sum granted goes into clearance of debts of the family and they will be left with no recurring income to sustain themselves in the fag end of their life.

15.15 The Government brought NPS scheme to its departmental employees w.e.f 01-01-2004. Just like CPF i.e. 10% of pay + Grade pay + DA is to be collected from the employee and the same percent should be credited by employer. In the type II of NPS, 60% of above contributions will be paid on retirement which can be taken as DCRG and commuted value of pension to satisfy themselves and remaining 40% is taken as pension fund. To satisfy themselves NPS Type I is there with voluntary contribution as that of GPF, but it is not properly operated.

At least this facility is not given to the GDS entered after 01-01-2004 considering earlier entries as GDS at par with departmental employees eligible for pension, family pension, Commutation of pension and gratuity.

To all GDS, service discharge benefit scheme is started w.e.f 01-04-2011 with credit of Rs.200/- by the department and it is modified w.e.f 01-09-2013 allowing official contribution of Rs. 200/- per month in addition to credit by department. At least NPS scheme is not given to GDS on par with its departmental employees.

15.16 As such it is suggested that the recommendations of Justice Talwar Committee granting pension to GDS be implemented and to make it easy it is suggested that the divisional heads issuing the order to spare extra work with the DAP.

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15.17 We, therefore suggest that:

a) Pension on superannuation or invalidation should be granted to the GDS employees i.e. Rural Postal employees in proposed sector in the same way as is granted to the regular departmental employees.

b) Family pension should be granted to the family of GDS i.e. Rural Postal employees on his death as is available to the regular departmental employees.

c) The period rendered as GDS staff should be counted as pensionable service on promotion to regular departmental post. As per the orders dated 1712-1998 the GDS employees are being paid Rs. 20000 and it is now maximum of 60000 as severance allowance on departmentalization. Many GDS employees are not covered by the pension as they will be promoted at the age of 50 years and above and there will be short fall of pensionable service.

d) Statutory Death – cum – retirement Gratuity should be extended to the GDS i.e. Rural Postal staff as is granted to regular departmental employees.

e) The facility of commutation of pension on par with the departmental employees should be considered.

f) Similarly we strongly suggest that the provisions of GPF should be extended to the GDS i.e. Rural Postal staff as is available to the regular departmental staff.

15.18 As the rules stand, gratuity and severance amounts are admissible. But these amounts are paid much later after the superannuation – or – death. The reason is that the service of the GDS is not got verified in time. In the case of Departmental Staff there is a condition that the services should be got verified after 25 years of service. As GDS are suggested to be considered as departmental employees the verification of services may be done after 25 years of service.

15.19 A mechanism should be created to give the retiring GDS i.e. Rural Postal employee, his dues on the date of retirement and to the dependent of the deceased GDS i.e. Rural Postal employee within one month of his death.

15.20 There is condition that even approved leave beyond 2 months do not count as service for gratuity. This rule must go. All the approved leave should be taken

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as service. Then because of the ambiguity of leave rules, there would be some period of overstayal or unauthorized absence and nobody is worried to regularize the same until the GDS retires / dies. This system must be overhauled and as in the case of the Departmental staff, the period should be regularized as and when it occurs and if so, there may not be any need for condonation of break as such periods can be treated as dies non.

15.21 This suggestion is only to make immediate payment when it is most needed by the retiring GDS i.e. Rural Postal employee or his dependent.

15.22 Group Insurance:

A contributory group insurance scheme has been introduced for ED employees from 01-01-1987 by collecting Rs. 10/- as premium with insurance coverage of Rs. 10,000/- which was enhanced on recommendations of Sri Nataraja Murthy Committee to Rs. 50,000/- coverage with a premium of Rs. 50/-. This may be doubled in 7th PC to Rs. 1,00,000/- with a premium of Rs. 100/-.

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Chapter XVI

ALLOWANCES16.1 All allowances admissible to departmental employees may be extended to

rural postal employees with some limitations as discussed here under as the cost of living in rural areas differs from urban localities.

16.2 Dearness Allowance:- Dearness allowance is mainly based on price Index. Price Index is same for rural and urban areas. Now Agriculturalists became cleverer and they are selling the commodities at a place where the selling price is higher. It can be seen in entire India, the rural public to an extent of 80% are purchasing vegetables, provisions and food grains at a town near to them. Thus the price of entire commodities in country is almost balanced.

As such the dearness allowance applicable to departmental employees should be extended to rural postal employees also and the same is partially done earlier and giving at the same rate for last one decade.

As per the R.R Savoor Committee recommendations at para 9.51 the dearness allowance paid to departmental employees was taken in full while fixing basic allowance periodically to ED employees. But w.e.f 01-01-2004 the DA merger to the extent of 50% granted to departmental employees was not given to ED employees there by ED employees sustained a loss. This anomaly was not removed at the time of implementation of Sri. R.S Nataraja Murthy Committee.

As such dearness allowance at par with departmental employees may be granted to Rural Postal employees. As this memorandum is for departmentalization of GDS with the nomenclature of Rural Postal employee with the status of civil post, dearness allowance, merger of dearness allowance, dearness pay, Interim relief whenever granted to central government departmental may be extended to Rural Postal employees also.

16.3 Office Maintenance Allowance: - Branch Post Masters are now providing office premises on their own and an amount of Rs. 100 is being paid to them in lieu of office rent in the name of Office Maintenance Allowance. This amount is very meager and insufficient. Now that the recruitment rules have been changed, the applicant for the BPM post need not be a resident of the same village. Hence, outsiders are also appointed as BPMs and they are

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providing office premises on their cost by paying nearly Rs. 400 to Rs. 500 minimum.

In some places, in addition to the house rent, the said Branch Post Offices were treated as commercial category by the Electricity Department and charging the Electricity bill in commercial rates. This has become a heavy burden to them. The Department should bear the Electricity charges installing a separate meter for office portion.

Moreover, in view of the proposed computerization of B.Os, the cost of electricity charges will still become much more than the present. Hence, under these severe hardship conditions, it is requested for enhancement of the OMA from the present Rs. 100/-.

Additional facility is to be provided to the public in view of changing scenario of Department of Posts with the introduction of various Business Development activities, NREGs, tie ups with BSNL, SBI Mutual Funds, Social Service Pensions etc., the branch offices should be provided with an additional room other than PO room he had. Further, the safety and security measures should also be improved and tightened. Further OMA carriers sweeping and cleaning component also as no separate staff to that extent can be provided by the department at smaller offices in villages. The BPM getting done with in OMA he receives, does mean he is paying house rent for office and sweeping charges with the OMA he receives which is undoubtedly less. Department at division level struggling in providing buildings for its post offices in dozens, providing by the department to rural post office cannot be imagined. As such vesting powers to rural post master, to provide a suitable building should be continued.

For this a scientific solution is needed. Earlier a decade back OMA was ordered @ Rs. 100/- per month. It may be doubled i.e. 200/- now after 10 years as House rents are being raised 10% every year. Now the single room accommodation is not sufficient. It is also doubled i.e. 2 rooms due to NREG, SSP etc, as cited supra. Hence it should be Rs. 400/-. Sweeping component may be 25%, and then OMA as on 01-01-2016 would be as Rs. 500/-. This is not for the rural post master; it should be to rural post office as fixed OMA for rent of a building and for its sweeping etc. This should be raised by 10% every year. Then without any order the OMA of a rural post office should be raised uniformly in entire country. This raise in percentage should be done at the minimum OMA to avoid further fixation. For illustration the OMA to each rural

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PO is,

w.e.f 01-01-2016 Rs. 500/-

01-01-2017 Rs. 550/-

01-01-2018 Rs. 600/-

01-01-2019 Rs. 650/-

01-01-2020 Rs. 700/-

01-01-2021 Rs. 750/-

01-01-2022 Rs. 800/-

01-01-2023 Rs. 850/-

01-01-2024 Rs. 900/-

01-01-2025 Rs. 950/-

So on and so forth subject to reexamination in 8 th PC. The periodical raise suggested is most appropriate one as the cost of living at all places in the country raises by 10% every year.

16.3A Electricity charges and water charges to be met by the Government as per the meter irrespective of its classification.

16.4 House Rent Allowance: - Certainly for living accommodation one family requires double accommodation in comparison with Rural Post Office. That is 4 hours for a family one for self and wife, another for children and guest; another 3rd one will be the drawing and 4th may be taken as kitchen. When it is suggested Rs. 400/- for 2 rooms in rural area it should be Rs. 800/- for official’s accommodation. Whether the official lives in his own house or not does not come on the way as it is not followed to departmental employees. Coefficient for sweeping need not be given as it is self occupied for his family. If a single electricity meter is provided Rural Post Office should pay the bill initially to continue power to the PO and immediately after the paying the bill,

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the Rural Post Master should credit two thirds (2/3) of total bill to unclassified receipts as he uses the power for 16 hours and PO uses for only 8 hours. The same analogy to be applied for water charges, if any paid by the department.

The above Rs. 800/- P.M is to be paid to Rural Post Master and Rural Postal Assistant as well. This is not fixed and it is variable with an increase of 10% every year. This should not be carried with pay, as a junior and senior will live in a house and 4 rooms accommodation is sufficient for family in a village and HRA should be uniform to rural postal staff irrespective of cadre and the length of service. 10% raise suggested above is on base i.e. 10% of 800 every year to enable accounts sections, drawing and disbursing authority not to deal claims for differences. This is also annual in a calendar year w.e.f. 01-01-2016, irrespective of an official is in service on the first day of calendar year or another joined in between the calendar year. Hence element of HRA changes for every calendar year to Rural Postal Staff. The illustration given here under may be considered.

For illustration HRA to all rural postal employees:

w.e.f 01-01-2016 Rs. 800/-

01-01-2017 Rs. 880/-

01-01-2018 Rs. 960/-

01-01-2019 Rs. 1040/-

01-01-2020 Rs. 1120/-

01-01-2021 Rs. 1200/-

01-01-2022 Rs. 1280/-

01-01-2023 Rs. 1360/-

01-01-2024 Rs. 1440/-

01-01-2025 Rs. 1520/-

So on and so forth subject to reexamination in 8 th PC. The periodical raise suggested is most appropriate one as the cost of living at all places in the

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country raises by 10% every year. This is suggested with slight modification to Justice Talwar Committee report to avoid ambiguity and dissatisfaction while keeping accounting procedures intact.

16.5 HRA in lieu of rent free Quarters: - At present the GDS BOs are not having any building provided by the department and as such post attached quarters are not maintained. More over in present and proposed setups also it is the duty of Rural Post Master to secure accommodation for Rural Post Office and to maintain with OMA. As such HRA in lieu of rent free quarters is not suggested for Rural Post Offices.

16.6 The question of granting City Compensatory Allowance does not arise as the nomenclature proposed is Rural Postal Employee.

16.7 Split duty Allowance: - The condition for that is the break should be 2 hours and the distance should be more than 5 kms. Sri R.R.Savoor Committee also recommended the same. In th proposed setup 7½ hrs work load is suggested for Rural Postal Employees and hence all most all Rural Postal Services will be on continuous duty. Even there are split duties, the distance condition of 5 kms in a village will not satisfy as such split duty allowance to Rural Postal Employees is not suggested.

16.8 Transport Allowance: - At present it is granted to the departmental employees at different stages based on their cadre. The most feasible conveyance in villages in all seasons is bicycle. The Transport allowance just equal to CMA is suggested for all Rural Postal Employees equivalent to CMA, but for employees use, not for office use without any distance condition. At present CMA given is Rs. 75/- P.M. In 7th PC it may be doubled and Transport Allowance to all rural postal employees be allowed @ Rs. 150/- p.m for employees use besides CMA admissible for office use by them.

16.9 Cycle Maintenance Allowance is now granted for using bicycle for office purpose @ Rs. 75/- PM, which may be doubled in 7th PC.

16.10 Overtime Allowance: - The question of detention beyond 7 ½ hours will not arise in villages. As such detaining beyond working hours for any purpose including exchange of mails will not arise. The idlewait at bus stations and exchange points, a care has been taken while suggesting 7 ½ hours work load in earlier paras. As such no overtime allowance in normal days. However 3 hours OT may be allowed if one of the RPM / RPA performs other duty in the same office due to shortage. For this OT for these 3 hours should be 3 /

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7.5 of his day’s Pay + DA.

But duties occasionally performed on Sundays and holidays should be compensated. For that a day pay and DA only may be granted in the shape of overtime allowance. But entrusting duties on Sundays and holidays should be ordered by an official not less than Divisional Superintendents on an exceptional case.

16.11 Travelling Allowance: - For tours, deputations, Training, cash conveyance and Transfers in departmental interest or on choice being thrown out Travelling Allowance with DA etc. should be at par with departmental employees. However present transfer system to GDS employees may be extended to Rural Postal employees. For deputations 5% LR should be maintained which must be carefully utilized for maternity leave, child care leave, sick leave and for Training’s. These arrangements should be within LR available or by maintenance of another official in the office on overtime for 3 hours. Due considerations may be given to seasonal post offices in Himalayan Vallies which perform for some months at one place and perform for remaining months at other places.

16.11A. a) The above suggestion is in general. The following suggestion may be considered particularly in respect of Rural Postal Employee. On Departmental side, it is a laborious task and costly also in appointing additional Accountant/Assistant. On staff side, today even Departmental Employees postponing their preparation of TA claims, later forgetting, resulting to belated claims. It will not be other wise in the case of Rural Postal employees entering now as Departmental Employees. More over their journies on tour are very limited.

1) For Cash Conveyance: To their accounts office only. Most of the AO’s i.e 90% are in unclassified villages(for the purpose of TA).

2) Tours: Practically nil for Rural postal employees.

3) Training: Training center should be at Divisional level. Divisions controlling Rural Post Offices are located to an extent of 99% in ‘C’ class Towns.

4) Deputation: Deputation of Rural postal employee was proposed to another Rural Post Office again it is a unclassified village.

As such only two heads to be taken i.e a)Unclassified villages/Towns b) Others.

b) Daily Rate: For Medical representatives and employees in corporate sector daily

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allowance is in slab system A, B, C.

A) At the place of working they get the slab A. For cash conveyance it can be classified under ‘A’ as the employee exchanges cash at AO which will generally be nearer and returns to his office.

B) Tour to another Rural Post Office on deputation and one day training at Divisional office.

C) Training for more than one day covers under this category as there will be involvement of staying in a Hotel.

A. Daily Rate: One meal in a unclassified Town/Village is Rs.50/- now a days, there will be raise of 10% every year. Till examination in 8 th CPC raise for 10years is 5x10=50. It’s mean is 50/2=25. Justified meals rate for these 10years is 50+25=75. This can be sanctioned without any receipt. This is in addition to TA. TA contains Bus fares and road mileage. This also can be sanctioned on flat rate. Bus fare to reach AO is Rs.10/- at the minimum and for return Rs.10/-. Conveyance at AO village/Town again 10+10=20. Raise component would be 40x10% =4x10years=40, and mean would be Rs.20/- and total TA would be Rs.40+20=60. Hence daily slab rate at category ‘A’ will be Rs.75+60=135/-.

B. Daily rate on the above analogy is same under category ‘B’. Mostly it occurs for deputations. In this category stayal in Hotel does not arise as none except stayal in a Hotel in Rural village. However it involves taking 2 more Teas i.e Rs.10x2=20 more. Then slab would be Rs.155/-.

C. i) Daily rate in ‘C’ class Towns: This occurs mostly for training at Divisional Office. At ‘C’ class town present cost of one meal is Rs.70/-. Raise in 10 years again Rs.70/-, mean would be Rs.35/-. Then cost of the meal would be Rs.70+35=105. Teas 10x2=20. Bus fares are maximum Rs.40/- to Divisional Head Quarters. Hence TA would be Rs.40+40=80. For 10 more years 80x10%=8x10=80, mean Rs.40/- Hence bus fares will be 80+40=120 (to and fro). Road mileage i.e conveyance would be just double to Rural Village in case of unclassified villages i.e 20x2=40/-. Teas 2x10=20. Daily slab rate would be meals 105 + Bus fares 120 + Conveyance 40 + Tea 20 = Rs.285/-. It he returns to head quarters daily this rate will be applied for.

ii) For stayal in a hotel for training more than one day.

Meals 105x2 = 210 + Tea 2x10 = 20 + Tiffen 40. Total Rs.270/- (without production of any receipt)

Plus First day conveyance Rs.80/- (Bus fare 60 + conveyance 20) (without

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production of any receipt)

Hotel rate Rs.450/- now a days minimum in ‘C’ class towns on production of hotel bills.

It doesn’t mean in category A, B, C1 no TA claim need be submitted. Claim may be on ACG-17 directly followed by a Post Facto sanction. In the case of “C ii” the bill to be preferred and passed. Advance can be sanctioned if required. The table furnished here under may considered.

Table Showing TA rates for Rural Postal Employees. I.e Rural Postmasters and Rural postal Assistants.

A) Most for Cash Conveyance

Rs.135/- per day irrespective of time spent. For more than on day trip additional conveyance charges for another trip is Rs.60/-

B) Most for Deputations to another Rural Post Office

Rs.155/- per Day

C1) Rs.285/- per day if not stayed in a Hotel.

C2) These two are mostly for Training’s

Rs.270/- per day + Rs. 60/- for conveyance on first day of trainee +Rs.60/- for conveyance on last day of training + Hotel Charges subject to Maximum of Rs.450/- per day on production of Hotel bills.

16.12 Cash Conveyance Allowance may be replaced with TA on Tour.

16.13 Boat Allowance: - At present Rs. 50/- is given. It varies at different ferries. As such instead of granting Rs. 50/- as boat allowance, actual fares may be charged at Rural Post Office itself by Rural Post Master, filing receipt for Trip / day / or month as given by the operator and keep ready for inspection during annual inspection of the Rural Post Office.

16.14 Children Education Allowance / RTF: - It is suggested to grant the same on par with departmental employees.

16.15 Other Allowances: Such as cash allowance to RPM on par with ‘C’ class departmental SPMs, Special duty Allowance, Remote Area Allowance, Naxalite Threat Area Allowance, Bad Climate Allowance, Winter Allowance,

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Project Allowance as suggested in Justice Talwar and Sri. R.R.Savoor Committees at para with departmental employees may be given to Rural Postal Employees also.

16.16 All the above allowances were discussed in nutshell, but all allowances being paid to departmental employees may be extended. TA rates may be given as shown in the Table at 16.11A.

Chapter XVII

LEAVE17.1 Leave is not a right. It is for utilization only. But earning leave is legitimate

right to a regular employee paid monthly wages. The ED officials though recognized as Part time, they are neither casual workers / contingent workers nor labour on daily wages. They were continuously employed in postal department on monthly wages with continuous uniform work but employed for limited hours irrespective of their detention for more hours in a day to complete the day’s work and service. Just like departmental employees eligible for all benefits including leave. These officials equal in number in postal department i.e. around 3 lakhs were deprived of earning leave since 1930 when ED system was started expansion leaving the notion that it is extraneous honorary service.

17.2 It was the first occasion Committees had a glance on leave to GDS, when Justice Talwar made some recommendations on ED leave earning.

17.3 Justice Talwar in his report recommended;

1) Earned Leave – 1 day EL for completed calendar month of service. (Where as it 30 days for departmental employees)

2) Half Pay Leave – 8 days HPL in a year. (Where as it is 20 days for departmental employees)

3) Leave Without Pay – LWA 180 days was reduced to 60 days.

4) Casual Leave – 5 days CL in a year. (Where as it is 8 days for departmental officials)

5) Leave encashment – On par with departmental employees.

But Government finally through its orders dt. 17-12-1998 granted 10 days paid leave. This is history, requires total revision.

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17.4 Through this memorandum we appeal to the Government to consider GDS are holding civil posts at par with departmental employees and they should be eligible for all benefits as Central Government employees. If this is considered, all Rural Postal employees will get all leave benefits at par with departmental employees. However each and every kind of leave to be granted as suggested here under.

17.5 Earned Leave: 30 days in a calendar year (15 on 1st day of every half year) with all specifications to departmental employees may be granted to Rural Postal employees 300 days accumulation till retirement will facilitate the department, reducing frequent leave arrangements there by economy in Travelling allowances to be allowed on departmentalization of GDS as Rural Postal employees.

17.6 Leave Encashment: It may be allowed to Rural Postal Employees at par with departmental employees at the time of retirement and on LTC. More over this may specially be allowed for 15 days in a year to reduce leave arrangements to an extent. Then there will be a mind setup in rural postal employees to utilize the leave actually such leave is so warranted.

17.7 Leave Travel Concession: May be granted to Rural Postal employees at par with departmental employees.

17.8 Half Pay Leave: May be granted 20 days in year with 10 days credit on every 1st day of the half year to Rural Postal employees. Commutation and accumulation may also be allowed to Rural Postal employees at par with departmental employees.

17.9 Leave not due: May be granted to Rural Postal employees at par with departmental employees.

17.10 Commuted Leave: May be granted to Rural Postal employees at par with departmental employees. For Rural Postal employees getting a medical certificate is a difficult task. They may be allowed commuted leave on medical certificate from any doctor nearby who possess MBBS degree. However for the second medical opinion of a Govt. doctor with any degree MBBS, BHMS, and BAMS holding the post of Asst. Civil Surgeon in nearby Primary Health Centre may be fixed. However for invalidation on medical grounds it may be a medical board at par with departmental employees.

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17.11 Extraordinary Leave: It may be granted to Rural Postal employees at par with departmental employees. The present rule, that the GDS officials availing more than 180 days leave are proceeded under disciplinary action which is against principles laid down in article 311 of the Constitution. This rule should be removed as it is suggested to grant EOL to rural postal employees at par with departmental employees. However, the conditions laid down for EOL with MC and EOL without MC are applicable to rural postal employees.

17.12 Study Leave: May be granted to Rural Postal Employees at par with departmental employees. Using this facility is very less by departmental officials even at present. Extending this facility to Rural Postal employees may not effect as there are remote chimes for utilization by Rural Postal employees as their basic qualification is at the base of education.

17.13 Maternity leave for female Rural Postal Employees: Justice Talwar committee recommended the maternity leave to GDS female employees at par with female employees of the Government as laid down in CCS (leave) rules 1972. This is not implemented. As per Sri Nataraja Murthy Committee’s report, this facility was extended to GDS female employees for 90 days in the shape of maternity grant from Circle Welfare Fund out of subscriptions from each and every employee for welfare fund, but not the wages fund. On departmentalization of GDS as Rural Postal Employee, the maternity leave to female Rural Postal employees may be granted on par with female departmental employees. This should be given priority for leave arrangements out of 5% LR proposed.

17.14 Child Care Leave and Child Adoption Leave: This may be granted to female Rural Postal employee at par with departmental employee with leave arrangements out of 5% LR proposed.

17.15 Paternity Leave: This may be granted to male Rural Postal Employees at par with departmental male employees.

17.16 Special Disability Leave: This may be granted to Rural Postal employees at par with departmental employees both in the case of injuries intentionally inflected and accidently inflected. Regarding injuries intentionally inflected the chances on virtue of official position is very less in villages, but it may be due to Rural politics for which sanctioning authority has to take due care while sanctioning. The injuries inflected through an accident are common in villages

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especially buffalos and pigs come before bicycle rider on a narrow road suddenly. Not only this country dogs makes running race with bicycle riders and finally bites is present almost all in villages. This happening may results in injuries inflected to Rural Postal employees which requires due consideration.

17.17 Leave Salary: This may be granted to Rural Postal employees at par with departmental employees.

17.18 Advance of Leave Salary: This may be granted to Rural Postal employees at par with departmental employees.

17.19 Casual Leave: This may be granted to Rural Postal employees at par with departmental employees.

17.20 CCS Leave Rules 1972: All the rules as mentioned in CCS leave rules 1972 applicable to Central Government employees may be applied for in the case of Rural Postal employees also treating them as holders of civil posts.

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Chapter XVIII

MEDICAL FACILITIES18.1 The Petition Committee of Rajya Sabha in their 49 th report in the year 1979

had recommended that E.D Agents be given medical facilities. Justice Talwar Committee recommended that full benefit may be given to the ED Agents and their family members in case of indoor treatment. The committee has also recommended that the ED Agents working in urban and semi urban may be given the same medical facilities as in the case of Departmental employees. It is the responsibility of the State to provide medical facilities under the Administrative control of the state, being the citizens of India.

18.2 At present, the GDS is not at all eligible for any kind of medical assistance. Barely he may get a hundred or two hundred rupees from the welfare fund as a charity. As the medical expenses escalated 1000 fold and as the Government abdicated its responsibility from the medicare of the citizens, it is necessary that the GDS must have some medical cover.

18.3 Medicare may be divided into two segments. One is attention to minor ailments and another is treatment of major diseases or hospitalization when seized by sickness of any sort.

18.4 The GDS employees like departmental employees are serving in places where no authorized medical attendant is available and hospital exists nearby. But every person in a family is suffering now a days with common illness such as diabetic / BP. For minor ailments, fixed monthly allowance has to be granted. It may be on par with Central Government Pensioners, i.e. Rs. 300/- per month. This may be double to Rs. 600/- p.m and be paid to proposed

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Rural Postal employees as stated in Justice Talwar Committee Report.

18.5 In the era of liberalization, several mediclaim policies came into existence for hospitalization treatment. The State Government introduced free medical aid to the public for treatment in the Corporate Hospitals. Unfortunately, the GDS were not covered under this facility. The Department should provide Medicare to the proposed Rural Postal employees through Mediclaim policies by paying the requisite premium through Group Insurance, wherever there is no CGHS or P&T Dispensary for treatment of major diseases or hospitalization.

18.6 The present posts of GDS in departmental offices may be converted into MTS. When this exercise is done they will get the facility in full. Even then the Rural Postal employee working in departmental office will be uncovered with such facilities.

As such whenever there is facility of CGHS, P&T Dispensary or even ESI, the Rural Postal employees working in urban and semi urban areas may be brought under this facility.

18.7 It is not just the problem of the Rural Postal employee but it is a problem of the poor man in India and the Government can easily contribute a trifle, when thousands of crores of Rupees as well spent in NREGS, in the interests of the poorer people who occupy GDS posts.

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Chapter XIX

WELFARE MEASURES & OTHER MISCELLANEOUS ISSUES19.1 Interim Relief: This element is required to be extended to Rural Post

employees also whenever Interim Relief added to departmental employees.

19.2 Transfers: As the Rules stand, GDS is not liable for transfer, but redeployment after abolishing the GDS posts compels the shifting of the GDS and whenever some GDS applies for transfer, the officers, without knowing ‘liability for transfer’ is different from ‘facility for transfer’, simply rejects the application. This situation forced the Postal Directorate to empower the Head of the Circles to issue transfer orders either in the interests of service like redeployment or at the request of the individual provided he or she accepts the TRCA of the new post. But for the last 10 years, the Postal Officers not knowing the meaning of liability and not knowing that liability from transfer does not deprive facility for transfer have rejected all genuine requests. For example, a Postal Assistant, as the rules stands now, and accepted by the Directorate before the Hon’ble CAT Bhopal, has no transfer liability outside the division. But he is free to apply for a Rule 38 transfer right from Kashmir to Kanyakumari. This means the word used ‘liability’ does not bar ‘facility’ and the Divisional Head should be clearly instructed to allow transfer of Rural Postal employee on application within his Division and the Regional PMG or Chief PMG must allow such transfer within the Region / Circle. Within the Division, the Rural Postal employee should not lose seniority as his service is accounted for division wise. Outside the Division, he will lose local seniority but not overall seniority. It is really regrettable that the one word ‘liability’ is beyond the comprehension of all the Postal Officers. Not only this mutual transfer facility, posting officials to a place nearer to his / her spouse employed and occasional transfers to severely sick Rural Postal employees at request may be considered on par with departmental employees.

19.3 Compassionate Appointments: -

(i) Compassionate appointment is given just to sustain the loss of breadwinner and the condition of 5% against direct recruitment does not apply in the case of GDS since there is no prescribed half yearly or annual recruitment of Rural Postal employee but the appointment is made as and when vacancy arises. As such, there cannot be any

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difficulty in giving compassionate appointment to the dependents of the deceased or invalidated Rural Postal employees. The invalidated Rural Postal employee had the facility to have a dependent appointed which was discontinued. In case of Departmental employees, this facility still exists. As such, it is unjust to deny compassionate appointment in cases of genuine invalidation of Rural Postal employee also.

(ii) The GDS comes from the lowest stratum and generally the poorest section. As such, while it is appreciable that the present rules allow the spouse to be appointed to the post equivalent Group ‘D’ even without the minimum qualification prescribed, the benefit should be extended for appointment as Rural Postal Assistant also in the case of spouse with lesser educational qualification, say 8th standard.

(iii) Though there is a rule that when a GDS official dies in harness, the Department officials must inform the family of the availability of the facility of compassionate appointment and application obtained, it is obeyed most in breach. This must be set right and in every case of death of the Rural Postal employee; a dependent must be immediately at least temporarily appointed if he or she has the reduced educational qualification. Further, the practice of irregularly combining the duties must not be followed. It must be made incumbent on the Divisional Heads to make temporary arrangement with a dependent of the deceased Rural Postal employee. Until the Circle Selection Committee issues orders, the Divisional Heads should be barred from making any other kind of arrangement not provided under statutory rules.

19.4 Group Insurance: Now subscription under the scheme is Rs. 50 and amount of insurance cover is Rs. 50,000/-. This may be revised to Rs. 1,00,000/- with subscription as Rs. 100/-.

19.5 Bonus: The present rules are satisfactory, but bonus should be paid to the person who actually works and there should not be any restriction on drawing bonus on the ground that one is not regularly appointed. For every post, bonus must be available to Rural Postal employees at par with departmental employees.

19.6 Redeployment: IT is observed that in several offices, postman and Group D are justified but due to the restrictions placed by the Finance Ministry, justified GDS posts abolished and redeployed leaving the residuary BPM to look after all other works. This is done without compensating him; secondly it is never

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considered whether the redeployed GDS is competent to perform the duty in the redeployed office. It is noticed that one handicapped lady BPM was asked to do the duties of GDS MD (delivery) with many villages to be served daily. GDS MCs are redeployed as GDS MDs without full time pay or necessary qualification. As such, in redeployment there must be some restrain. Moreover one Rural Post Master and Rural Postal Assistant was suggested to a Rural Post Office fulltime basis i.e. for 7 ½ hours each. As such the redeployment of any post from Rural Post Offices may be stopped.

There is lot of necessity to humanize the redeployment scheme being followed inhumanly at Sub Divisional and Divisional level and this must be ensured by making proper rules.

19.7 Identity Cards: Identity cards to all the Rural Postal employees are to be issued as it is essential in the changed scenario of the postal activities.

19.8 Hasty abolition of EDSV Posts: Separate counter for sale of stamps etc, is necessary in view of the public interest. If the norms are not completely satisfied, they can be entrusted with some other work to that deficiency of norms like Registration and Parcel work or any other work feasible and possible for the EDSV to attend while doing the main work stamp vending. The posts of stamp vendors are necessary for smooth functioning of the Post Office. However on departmentalization of GDS BOs into Rural Post Offices, all GDSSVs should be converted into departmental stamp vendor posts with additional duties such as registration work etc, wherever required.

19.9 Funeral Expenses: As submitted by our federations’’ already we demand funeral expenses amounting to one month’s pay may be granted to the family members of the deceased official. The same is not only to be utilized for meeting up the funeral expenses of the deceased official, but also for smooth performance of the last rites of the deceased official by his / her family members. This may perhaps be granted as such kind of expense can easily marked as unforeseen emergency expense to be incurred by the family members of the deceased employee. This shall be granted in addition to the relief granted from the circle welfare fund to the family members of the deceased official as the essence behind grant of the said relief is to provide financial assistance to the family members of the deceased official and to save the family from financial hardship.

19.10 Loans: Loans may be granted to rural postal employees on par with departmental employees. This may be extended for education of children and

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marriage of daughters.

19.11 Advances: At present GDS are granted with Cycle Advance, Natural Calamity Advance, where as they have not been granted of Festival Advance, Medical Advance, Pay Advance, Leave Salary Advance, House Building Advance, Motor Cycle Advance, Computer Advance etc. All advances applicable to departmental employees may be extended to Rural Postal employees also.

19.12 Uniforms: The Uniforms like departmental officials may be supplied to the outdoor Rural Postal employees, so that it can identify their services to the public.

19.13 Fixed Stationary Charges: Considering escalation of prices the FSC to Rural Postal offices / employees on par with ‘C’ class departmental Sub Office may be granted.

19.14 Counting of Past Service: At present no benefit of past service is given to a GDS on promotion to a departmental post for the purpose of pension or any other facilities where the minimum service is prescribed and GDS officials are adversely effected in most of such cases. The past service may be give to rural employee on promotion.

19.15 Head Quarters: The head quarters of Rural employee should be the place where he has posted. Now, to avoid counting of additional work load the place where attends for exchange of mails on day beginning is treated as his hade quarters though he is born in the establishment of another office. This rule may be removed.

19.16 Security: This may be on par with departmental employees.19.17 Norms: Norms applicable to departmental posts and departmental offices

may be applied for rural posts and rural post offices also.19.18 Workload: All works performed by a Rural Postal employee and by a Rural

Post Office should be taken as their workload including the work done on incentive at present, by removing incentive.

19.19 Incentive for promoting small family norms: All such facilities may be given to Rural Postal employees at par with departmental employees.

19.20 Incentive to Sports Person: This facility as given to departmental sportsmen may be extended to Rural Postal employees also.

19.21 Date of Superannuation: This should be at par with departmental employees i.e. the last day of the month in which borne unlike present date of birth. The condition prevailing to retire in the previous month when borne on 1st day of

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the month which is existing for departmental employees may be revised in this case as last date of the month borne.

19.22 Payment of Retirement / Terminal benefits: The instructions may be issued to pay all such benefits on the next day of superannuation.

19.23 Review of Post Offices: Statistical review and financial review of a rural post office may be done in Triennial reviews. Not only this total verification of accounts of Rural Post Office may be done for 3 days during triennial reviews in the shape of ‘Audit’ as explained in earlier chapters.

19.24 Article311 of the Constitution of India – Removal of Contributory Negligence Factor from the Disciplinary Rules:

Under the provisions of the existing statutory rules the ongoing practice of fixation of responsibility in cases causing pecuniary loss to the Government is not quite scientific. Though it has been detailed in relevant rules that the contributory negligence on the part of the offender shall be fixed in a realistic manner, giving due cognizance to the extenuating circumstances under which duty is being performed, we can narrate by the administration without such proper assessment.

In case of burglaries also the officials are ordered with monetary recovery instead of pursuing with the police to apprehend the burglar. The practice of punishing innocents on contributory factor should be dispensed with. The Postal Department should halt such practices of resorting to disciplinary action / monitory recovery against the innocent officials who are not directly responsible for the loss sustained to the department.

We strongly demand that rules should be framed in such a manner so as to compel the administration so as to abide by the existing statutory rules in connection with assessment of contributory negligence and the existing trend of identifying subsidiary offenders for minor lapses should be put to a halt.

Further, it is better to insure the cash and stamp balance of all offices and also the cash remittances under the insurance coverage so that the interest of both the department and the employees will be protected. The above points may please be considered and recommended.

19.25 Finally we suggest all rules, procedures and facilities available to departmental offices / officials may be extended to Rural Post Offices / employees.

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Chapter XX

GDS SYSTEM IN RMS20.1 All the proposals made in previous chapters apply equally well to the

respective categories of GDS employees in the R.M.S Wing.

20.2 In RMS, GDS are not directly recruited normally as in the case of Post Office. The GDS cadre was filled up from among the Part-time officials and Mazdoors. A person who rendered service of part time and Mazdoor at least for 10 years is normally posted as GDS employee in RMS.

20.3 As of now a good number of GDS are available in RMS Wing throughout the country. The RMS work is being managed by the casual labourers and these casual labourers are employed as Temporary Status Group D and getting all the benefits akin to Group D including LTC, Medical claims and regular leave. But these benefits are not extended to GDS who are working in RMS, though they have been appointed earlier to Temporary Status Group D (Casual Labourers). These anomalies should be stopped henceforth.

20.4 Savoor Committee recommended to the Department to promote GDS employees working in Metro Cities as Group D directly. This recommendation has also been accepted by the Department and orders in this regard were also issued. But, unfortunately, it was not implemented in full. It should be implemented immediately.

20.5 The posts of GDS in RMS may be converted as MTS once and for all, and the GDS post in RMS may be declared as dying cadre.

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Chapter XXI

WORKING FACILITIES AND FACILITIES FOR PUBLIC21.1 All the items of work performed by the departmental Sub Offices may be

extended to all Rural Post Offices if our suggestion on departmentalization is accepted as discussed in earlier chapters.

21.2 The GDS offices are not at all supplied with required furniture like chair, table, cash chest, weighing machine, stool, armed bench for the use of the public etc. Such supplies made to some GDS Offices under infrastructure development which is not even 10% offices so far. The Committee is requested to recommend that suitable and necessary furniture must be supplied to all Rural Post Offices.

21.3 Supply of forms is very very poor. Essential forms such as pay-in-slips, withdrawal forms, daily accounts, journals etc. are not being supplied. Particularly in view of heavy work after introduction of NREGS in Branch Post Offices, the Branch Post Masters are suffering a lot. They are forced to purchase white papers and carbons at their own cost for their daily use. All the required forms should be supplied. Sufficient stock should be kept at the Divisional Offices and be supplied to the needy offices as and when required. Sub Divisional Inspector must be made responsible for monitoring and keeping sufficient stock in the office.

21.4 Due to various nontraditional postal work being undertaken at Branch Post Offices, stationery charges at par with Departmental ‘C’ class offices should be granted to Rural Post Offices.

21.5 All the Rural Post Offices should be permitted to transact all kinds of SB and Certificate work. Even though the Branch Post Masters are allowed to pass SB withdrawals up to Rs. 10000 independently without referring to Account Office, they are not able to pay the cash to the depositor for want of money. Cash balances should be raised sufficiently to Rural Post Offices.

21.6 All the Rural Post Offices should be authorized to accept all kinds of bills such as Electricity, Water charges, Telephone bills etc. Availability of all these services should be exhibited on sign boards. All Rural Post Offices should be considered as public relation units to mobilize and accept all services done as if in departmental offices including PLI and RPLI.

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21.7 Speed Post Service (Booking and Delivery) wherever feasible is to be introduced in all the Rural Post Offices, as is now presently available in some GDS offices.

21.8 The Branch Post Offices are to be converted as smallest units in rural areas to extend the modern banking services to ordinary people in the villages with financial back up from the Finance Ministry, by giving the status of representatives of the central authority irrespective of the kind of business or traffic each office attends.

21.9 Money Order service is to be renamed as Money Transfer Service. The change is necessary to understand the value of the service in modern outlook.

21.10 NREGS is introduced throughout the country. Every BPM is handling more than 1000 SB Accounts. It has become practically impossible to handle the situation. Every Rural Post Office should be supplied with a small computer with printer. Two floppies will be given to each Rural Post Office and the RPM will download the RPO daily account into the floppy and send it to S.O. In the S.O, where there is only one SPM, now he will load the floppy and prepare his RPO account and send the floppy to the RPO in L.C.B after deleting the day’s transaction. This process will go on. The computer will be used for all the transactions reducing the paper work and manual work. The cost of supplying the forms and stationery will be reduced drastically.

21.11 The A.P State Government introduced bio-metric System for payment of amounts under NREGS and pensions. The same system may also be introduced at all RPOs to identify the beneficiaries and pay the amount and reduce the human involvement.

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Chapter XXII

TRADE UNION FACILITIES22.1 Various changes have been occurred since 1957 in organization of ED

system later changed as GDS, but all facilities extended to departmental staff are not extended to GDS. But we have come within this memorandum for departmentalization of GDS as Rural Postal employee. This is not a new one. The Savoor Committee has also recommended that a forum for joint consultation of the circle and divisional levels should be provided to so called ED later changed as GDS.

22.2 Hence another union of Rural Postal employees i.e. single union inclusive of Rural Post Masters and Rural Postal Assistants may be allowed for each federation.

22.3 As such we suggest:-

a) Granting all Trade Union facilities to the recognized union representing Rural Postal employees and the grant of right to affiliate with federations’’.

b) Conferring with all RPE Union representatives the same right as enjoyed by the departmental staff, especially in respect of special casual leave, treatment of attendance in scheduled official meeting as a duty.

c) Recovery of Union subscriptions from payrolls and ensuring full remittance as per the assurances of the check of system.

d) The facility of deputation to the Union in Foreign Service terms at all levels.

e) Allocation of seats in JCM and discuss their problem there on.

f) Sri R.S.Natarajamurthy commission has suggested that 10% membership is sufficient to recognize a second service union instead of 15% now followed. This may be implemented immediately.

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Chapter XXIII

CONCLUSION23.a We have made an earnest effort to prepare this Memorandum to depict the

realistic picture on the prevailing conditions of GDS staff and their justified demands that will bring much needed changes in the living and working conditions of this most neglected section and downtrodden employees of the Department of Posts. We have tried to prove that contrary to the claims of the Government more than 90% of GDS employees are solely depending on the job of GDS for their basic livelihood and therefore there cannot be any justification on the part of the Government to deny them from their rightful dues.

23.b We have relied upon various judicial pronouncements including the Hon’ble Apex Court and the observations and recommendations of Hon’ble Justice Charanjit Singh Talwar to emphasize the fact that the GDS employees or the erstwhile ED employees are holders of Civil Posts not only for the protection conferred to defend themselves against the disciplinary proceedings but also for staking their just claims for equal rights and privileges at par with all other Civil Servants under the Government of India, including that of social security like pension, statutory gratuity, family pension etc.

23.c We have indeed made a serious effort to put before the Commission that departmentalization of GDS System is both viable and beneficial to the service and GDS staff. We would like to place before the Commission that the Government couldn’t still justify maintaining such an exploitative system on the grounds of financial crunch.

23.d We submit that these simple and poor 2.63 lakhs of Gramin Dak Sevaks should not be neglected under the name of commercialization of Postal Services to make profits only in the name of neo-liberalization policies pursued by the Government.

23.e Finally we reiterate the famous quote of Hon’ble Justice Charanjit Singh Talwar, “The weak and downtrodden need protection” and we look forward to the 7th Central Pay Commission to make the decades long dream of 2.63 lakh GDS, a reality.

23.f We conclude by reproducing all the important aspects of this memorandum hereunder in nutshell as our suggestion to 7 th Pay Commission to make the

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decades long dream of 2.63 lakh GDS, a reality.

1) The motto of GDS is part-time should be scrapped by giving 7 ½ hours workload to each official as it is available.

2) The term “Sevak” should be replaced by “employee”.3) As explained in chapter I, no BO is running on loss in real terms by keeping

the thinking that it is a mixture of many agency services and by considering it is a public essential service, GDS can be made departmental.

4) All GDS BOs may be converted into departmental BOs and renamed as “Rural Post Offices”.

5) All GDS BOs staff should treated as departmental officials holding civil posts and renamed as “Rural Post Masters” and “Rural Postal Assistants”.

6) Total expenditure on Rural Postal employees including OMA paid to each Rural Post Office may be met by Ministry of Finance.

7) Commission on SB and RD accounts standing at BOs may be kept with Ministry of Finance.

8) Accounts work, Accounts supervision, Administrative Supervision done by Department of Posts may be taken up as reciprocal services for its services received at Rural Post Offices such as mails, sorting, delivery, stamp sale, registration including V.P and Insured, Speed post, Money Orders, Mahatma Gandhi NREGs and Social Service Pensions.

9) Mails, Sorting, Delivery, Stamps sale, Registration including VP and Insured, Speed Post, Money Orders, Mahatma Gandhi NREGs and Social Service Pensions related to Department of Posts at Rural Post Offices may be taken up by Ministry of Finance as reciprocal services for its work done by Department of Posts such as Accounts, Accounts Supervision and Administrative Supervision.

10) Department of Posts may increase its revenues at par with scheduled Banks and Couriers as those Banks and Couriers are being survived with the same limited jurisdiction.

11) For doing Inspections and Investigations of Rural Post Offices and supply of stationary relating to SB and RD to Rural Post Offices, the subsidy to the tune of Rs. 650/- crores (approximately) paid on Rural POs may be paid to Department of Posts in proposed setup also.

12) Commission received by Department of Posts on services such as NREGs and Social Service Pensions may be kept by Postal Department as it is received from different source.

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13) As the conditions “holding honourary posts being self sufficient” is an “obsolete” one in present conditions of the country, it is necessary to bring all GDS under the category of “Departmental Rural Postal Employees” and their services to be considered as essential services as the Rural Post Office is the only outlet for the Government to serve the rural public.

14) All Rural Postal employees may be considered as departmental Group ‘C’ or Group ‘E’ by giving status of holding civil post in the Government.

15) The BPM may be named as “Rural Post Master” (RPM) with 7 ½ hours workload for Post Master’s duties.

16) Other GDS employees in a BO may be named as ”Rural Postal Assistants” (RPA) with 7 ½ hours workload for their duties such as delivery, conveyance, LB Clearance, packing, stamp sale put together.

17) GDS Posts in HOs / SOs / RMS may be converted into MTS.

18) The income and cost of a Rural Post Office may be ignored as it is only essential public service available in a village and demanded by public and their leaders and used by state governments also as only way for them to serve the rural public.

19) Statistical workload and financial positions of Rural Post Offices may be assessed in Triennial reviews here after called as Audit as these reviews can be used for 100% verification of accounts standing at Rural Post Offices also.

20) The constitutional provisions under Article 309 and 311 should be applied to Rural Postal Employees.

21) All GDS stamp vendor posts in Departmental Post Offices may be upgraded to MTS or Postman as the case may be and shortfall of workload if any may be utilized for Registration etc. of the said office.

22) Basic qualification for future appointment, by selection or promotion should be 10 + 2 with 60% of marks in Plus 2 for Rural Post Master and 8 th standard may be continued for Rural Postal Assistants.

23) Maximum age limit for entry as Rural Postal employee should be 35 years with relaxation admissible to SC, ST and OBC. For promotions there should be relaxation by 5 more years i.e. 40 years it would be better to reduce to 3

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years with relaxation to SC, ST and OBC employees as it is observed for some categories in the department. Commission may consider the age of superannuation.

24) Selection at the time of entry should be at divisional level through employment exchanges of the district, but on merit basis in the requisite qualifications.

25) All “Rural Postal Employees” should be imparted with concerned Trainings as designed for the purpose.

26) The present service restriction of 5 years for promotions should be reduced to 3 years. In addition 50% RPM posts may be earmarked to outsiders through employment exchange, out of remaining 50%, 25% may be earmarked for RPAs on seniority cum fitness basis with the requisite qualifications of RPM through DPC. Remaining 25% vacancies on merit as if outsiders through employment exchange, but applications may be called for in the division, For both the types of above DPC / selection minimum 3 years of service may be fixed. If any vacancy is unfilled, it should be given to Employment Exchange immediately without carrying forward for next year. The Rosters should be maintained as usual at divisional level.

27) However by virtue of services rendered the Rural Postal employees such as Rural Post Master and Rural Postal Assistant may be allowed MACP I, II, III for 10 years, 20 years, 30 years completion of service respectively.

28) All conduct and disciplinary rules and procedures under CCS (CCA) rules 1964 available to departmental employees may be extended to Rural Postal employees also.

29) The pay structure suggested is as follows:Initial fixation to RPAs / RPMs as follows at the time of implementation of 7 th PC.Rural Postal Assistant:

Up to 5 years 18000 + GP

After 5 years 18000 +1 increment i.e. 5% on 18000 + GP

After 10 years (MACP I) 18000 + 3 increments i.e. 15% on 18000 + GP (For MACP I one more increment)

After 15 years 18000 + 4 increments i.e. 20% on 18000 + GP

After 20 years (MACP II) 18000 + 6 increments i.e. 30% on 18000 + GP (For MACP II one more increment)

After 25 years 18000 + 7 increments i.e. 35% on 18000 + GP

After 30 years (MACP III) 18000 + 9 increments i.e. 45% on 18000 + GP (For MACP III one more increment)

After 35 years 18000 + 10 increments i.e. 50% on 18000 + GP

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i.e. 18000 + 9000 = 27000 which is less than proposed pay component of MTS i.e. 29000 which is a promotional post. If this is not followed there will be no charm in promotions.

Rural Post Master:

To show difference between RPA and RPM, 2 increments may be given to RPMs at initial stage of fixation also. Then,

Up to 5 years 18000 + 2 increments i.e. 10% on 18000 + GP

After 5 years 18000 +3 increments i.e. 15% on 18000 + GPAfter 10 years (MACP I) 18000 + 5 increments i.e. 25% on 18000 +

GP (For MACP I one more increment)After 15 years 18000 + 6 increments i.e. 30% on 18000 +

GP After 20 years (MACP II) 18000 + 8 increments i.e. 40% on 18000 +

GP (For MACP II one more increment)After 25 years 18000 + 9 increments i.e. 45% on 18000 +

GP After 30 years (MACP III) 18000 + 11 increments i.e. 55% on 18000 +

GP (For MACP III one more increment)After 35 years 18000 + 12 increments i.e. 60% on 18000 +

GP i.e. 18000 + 10800 = 28800 which is less than proposed pay component of MTS i.e. 29000 which is a promotional post. If this is not done there will be no charm in promotions.

As such Grade pay for Rural Postal Assistants and Rural Post Masters in 7 th

PC is suggested as follows.

Rural Postal Assistants:

At initial stage 4000 x 1000 / 1800

= 2222 i.e. 2200.

On MACP I (after 10 years of 4000 x 1100 / = 2444 i.e.

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service) 1800 2400.

On MACPI I (after 20 years of service)

4000 x 1200 / 1800

= 2666 i.e. 2600.

On MACP III (after 30 years of service)

4000 x 1300 / 1800

= 2888 i.e. 2900.

Rural Post Masters:

At initial stage 4000 x 1400 / 1800

= 3111 i.e. 3100.

On MACP I (after 10 years of service)

4000 x 1500 / 1800

= 3333 i.e. 3300.

On MACPI I (after 20 years of service)

4000 x 1600 / 1800

= 3555 i.e. 3500.

On MACP III (after 30 years of service)

4000 x 1700 / 1800

= 3777 i.e. 3800.

In all the above cases it is rounded off to next hundred and where as in the case of MACP II it is rounded off to below hundred to remove the dissatisfaction to MACP III candidates. However proposed GP to RPA / RPM is less than proposed GP component of MTS at minimum i.e. Rs. 4,000/-.

Increments: 5% on basic pay + GP every year besides one increment of 5% each for MACP I, II, III promotions. This is in addition to 2 increments i.e. 5 + 5 =10% allowed to Rural Post Masters on initial fixation and 5% raise after completion of every 5 years.

Maximum of the scale: Rs. 1, 28,000/- with a length of 38 years.

Pay Band: Should be pay band 1 shifting other pay bands by one number or giving special pay band i.e. pay band R is suggested for Rural Post Masters and Rural Postal Assistants.

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30) CCS Pension rules available to departmental employees may be applied for Rural Postal employees and GPF and all pensionery benefits including Group Insurance Scheme may be applied to all Rural Postal employees at par with departmental employees giving credit to their date of entry in the department.

Here one case is requested in either of the cases i.e old pension system till 31.12.2003 entrants and New pension scheme wef 1.1.2004, the monthly minimum pension received by Rural Postal Employees should be Rs.1000/- as it is given by the Govt to poor citizens of India as this GDS is much poorer than that poor citizens having getting no monthly income beyond superannuation though he served those poor citizens particularly in the payment of the said social security pension for many more years.

31) All the allowances admissible to departmental employees may be extended to rural postal employees at the rate admissible to departmental employees in the following cases.

i) Dearness Allowance.

ii) Office Maintenance Allowance (In the place of FHR) ranging between Rs. 500 – Rs. 950 with an annual raise of Rs. 50/-.

iii) Electricity and Water charges for Office.

iv) HRA ranging between Rs. 800 – Rs. 1520 with an annual raise of Rs. 80/-

v) Transport Allowance: Rs. 150/- per month for official use.

vi) Cycle Maintenance Allowance: Rs. 150/- for office use to perform outside work.

vii) Overtime Allowance: Maximum 3 hours on a working day beyond 7 ½ hours work if another post in the office is on leave or otherwise and Sundays / Holidays as ordered by divisional head if required. Allowance should be on prorata of pay + GP + DA for one day.

viii) Travelling Allowance: Travelling allowance would be as shown in the Table at 16.11A .

ix) Boat Allowance: As demanded by boat operator.

x) Children education Allowance: At par with departmental employees.

xi) RTF: At par with departmental employees.

xii) Cash allowance to RPM on par with ‘C’ class departmental SPM.

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xiii) Other allowances such as special duty allowance being paid in Assam and NE Circle, Uttarakhand Allowance, Remote Area Allowance, Naxalite Threat area Allowance, Bad Climate Allowance, Winter Allowance and Project Allowance etc.,

32) All kinds of leaves admissible under CCS (leave rules) 1972 besides casual leave to departmental employees may be extended to Rural Postal employees with same limitations in all respects.

33) Leave encashment facility available to departmental employees may be extended to Rural Postal employees. In addition 15 days leave encashment every year may be allowed to Rural Postal employees to enable leave cases and arrangements there on to be reduced.

34) Leave travel Concession at par with departmental employees.

35) Advance of leave salary and advance of pay may be allowed to Rural Postal employees at par with departmental employees.

36) 5% of leave reserve may be maintained at divisional level.

37) Medical allowance of Rs. 600/- p.m to Rural Postal employees for minor ailments and for hospitalization, it is in recognized hospitals at par with departmental employees.

38) All welfare measures available to departmental employees may be extended to Rural Postal employees also, such as,

a) Interim Relief.

b) Transfers i) In the interest of service such as thrown out.

ii) Request transfers including Rule 38 and Mutuals.

c) Compassionate Appointments: 1) To the family members of all deceased.

2) To the dependents of Rural Postal employees retired on invalidation.

d) Bonus. e) Identity Cards. f) Funeral expenses.

g) Loans: Loans may be given to Rural Postal employees on par with departmental employees. This may be extended for education of children and marriage of daughters.

h) Advances: All advances available to departmental employees may be extended to Rural Postal employees such as Cycle advance, Natural Calamity advance (available now), Festival advance, Medical advance, Pay advance,

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Leave Salary advance, Motor Cycle advance, House Building Advance (to be extended).

39) Uniforms: At par with departmental employees.

40) Fixed Stationary Charges: At par with ‘C’ class departmental offices and officials.

41) Counting of Past Service: The service rendered as ED or GDS may be counted to newly renamed Rural Postal employees as departmental service.

42) Head Quarters: Where the Rural Postal employee is born in the establishment for drawal of pay and allowances.

43) Security: At par with departmental employees.

44) Norms: At par with Departmental Post / Post Office.

45) Workload: All works performed by Rural Postal employee counts for workload.

46) Incentive for promoting small family norms: At par with departmental employees.

47) Incentive to Sports person: At par with departmental employees.

48) Date of Superannuation: At par with departmental employee, but maximum age to be reviewed by Commission.

49) Payments of retirement / terminal benefits: At par with departmental employees.

50) Contributory negligence to be removed.

51) Basic amenities such as infrastructure to office and public to all Rural Post Offices, to be provided. All requisite forms are to be supplied. Divisional Office to be treated as secondary unit of supply. Sub division to monitor supplies.

52) All Trade Union facilities available to departmental employees may be extended to the Unions of Rural Postal employees and Rural Postal Assistants. (One Union for one banner)

53) All the above suggestions are exhaustive, but Commission is requested to look after anything left over.

54) Finally the 7th PC is requested to extend all facilities available to Departmental Post Offices / Departmental employees to Rural Post Offices / Rural Postal Employees.

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