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