Replies of of DoP vide Lr. Dated 29th Oct 2014-about GDS issues

Issues of GDS in Postal JCA Memorandum & Replies of of DoP vide Lr. Dated 29th Oct 2014

S.No.	Item	Response
1.	Inclusion of Gramin Dak Sevaks (GDS) in the terms of reference of 7th Central Pay Commission.  Grant of civil servant status to GDS and grant of all benefits of departmental employees on pro-rata basis without any discrimination.	The Government has successively constituted Committees for revision of their wage structure and other service conditions from time to time after each successive Central Pay Commission consequent upon the issue of directions by the 2nd Central Pay Commission for examining their issues separately by the Department, the system being unique to Department of Posts.  The last such Committee was constituted by the Department in the year 2007 named Shri RS Nataraja Murti Committee.  Their latest request for inclusion in the 7th CPC stands referred to Ministry of Finance, Department of Expenditure vide Department of Posts ID No. 17-13/2014-GDS dated 17th Feb 2014. Gramin Dak Sevaks, 2,65,341 in number as on 01.07.2014, are a distinct category of employees, who do not form part of the regular civil service. They are governed by a separate set of conduct and engagement rules.  They are engaged for 3 to 5 hours in a day.  Their livelihood is not solely dependent on the allowances paid by the Postal Department.   They are mandatorily required to possess independent sources of income for adequate means of livelihood. They are discharged on attaining the age of 65 years and while in employment are required to have residence mandatorily within the post village/delivery jurisdiction of the post office. The Hon’ble Supreme Court in the matter of Superintendent of Post Offices vs. PK Rajamma (1977)(3) SCC has also held that the Extra Departmental Agents [now called Gramin Dak Sevaks] are holders of the civil post outside the regular civil service. Based on recommendations made by Justice Talwar Committee, the issue of conferment of Central Government employee status with 8 hours duty was last considered by Group of Ministers in the year 1998 but was rejected. Relying on the judgement delivered in the case of P K Rajamma as holders of the civil post outside the regular civil service, they have claimed the same benefits as available to regular departmental employees. The issue is currently subjudice before Delhi High Court/Apex Court. (No. 17-48/2014-GDS, DDG (Estt)
3.	Grant of merger of 100% DA with pay w.e.f 01.01.2014 for all purposes, including GDS.	Grant of merger of 100% DA with pay is beyond the purview of the Department of Posts. It relates to the Ministry of Finance. [No.ADG(Estt)/Union Items/2013, DDG (Estt)]
4.	Grant of 25% pay as Interim Relief (IR) w.e.f 01.01.2014 to all employees including GDS.	It relates to the Ministry of Finance.
6.	Remove 5% condition for compassionate appointment and grant appointment in all deserving cases as in the case of railways. Remove the minimum 50 points condition for GDS compassionate appointment.	Compassionate engagement is allowed in only hard and deserving cases. The term, ‘hard and deserving cases,’ is defined as cases earning more than 50 points designed from a point based criteria based on indigence. Removal of minimum over and above 50 points condition tantamount to allowing compassionate engagement in all cases. There is no justification to allow compassionate engagement in cent percent cases in cases of death of Gramin Dak Sevaks irrespective of indigence. (No. 17-48/2014-GDS, DDG (Estt)
7.	Fill up all vacant posts in all cadres including MMS & GDS. (a) By direct recruitment. (b) By holding DPC and granting promotions. (c) By conducting departmental promotional examination.	DPCs and Departmental examinations are being held on regular basis to improve the staff position.  A direct recruitment examination was conducted in 2013 for selection of approximately 5377 Postal Assistant/ Sorting Assistant vacancies for the year 2011 & 2012.  Departmental Competitive Examination for recruitment of 2,086 and 2608 Postal Assistant/ Sorting Assistant for the vacancies pertaining to the year 2011 & 2012 respectively were held in the year 2013. For the year 2012, 87 Direct Recruitment vacancies in Inspector Posts were filled through Combined Graduate Level Examination, 2012.  Further, for the year 2013, Staff Selection Commission has already been requested to fill up 122 DR vacancies in IP cadre through Combined Graduate Level Examination, 2013, results of which are awaited. The Directorate has been impressing upon the Circles from time to time, for holding the Departmental Promotion Committee/Departmental Screening Committee (DPC/DSC) timely for promotion/placement in various cadres. Most of the Circles have reported that the DPC/DSC meetings are being held in time. The Directorate has written to Circles in this regard vide letter No. 35-1/2013-SPB-II dated 18.06.2013 and 27.06.2013 (Copies enclosed) Annex-A           Instructions have been issued to all Circles to fill up all vacant posts of GDS Branch Postmaster and justified posts of all other approved categories. (F.No. 137-36/2014-SPB-II, DDG (P)
20.	Introduce Medical Reimbursement Scheme to GDS.	Gramin Dak Sevaks are not covered by CS (MA) Rules, 1944 or CGHS. They are currently eligible for financial assistance under the Circle Welfare Fund specially  constituted for them effective from 01.10.2013 to the extent mentioned below:- Financial assistance in case of surgical operations in ailments, like cancer, brain hemorrhage, kidney failure/transplant, heart surgery, etc. Rs. 20000/- Financial assistance in case of accident while being on duty, requiring hospitalization for more than three days Rs. 5000/- Financial assistance for nutritional diet to GDS suffering from TB (only once for a maximum period of six months, provided the GDS has put in at least six years of service & treatment is taken in Government hospital. Indoor treatment-  Rs.400-per month. Outdoor treatment –  Rs.200-per month However, The proposal for introduction of GDS Health Insurance Scheme on the lines of Rashtriya Swasthya Bima Yojna (RSBY) involving a recurring cost of Rs. 7.29 crores per annum stands referred to Ministry of Finance, Department of Expenditure.  [No. 17-48/2014-GDS, DDG (Estt)
29.	Make substitute arrangement in all vacant Postmen and MTS Posts. Wherever GDS are not available, outsiders should be allowed to work as substitutes.	The Establishment Division has issued instruction to the Circles to fill up all vacancies of GDS BPM & justified posts of all other approved categories.  Guidelines regulating substitute arrangements to be made in place of regular GDS already stand issued vide letter No.17-115/2001-GDS dated 21/10/2002, in case it is not possible to manage the work with combination of duties. As regards “substitute arrangements” in all vacant Postman and MTS posts”, the information is being obtained from the respective Division. F.No.25-37/2013-PE.I DDG (Establishment)
37.	Creation of appropriate number of posts of Multi Tasking Staff (MTS) in RMS after assessing the total work hours of the vacant GDSMM posts to mitigate the problems of the staff and RMS services.	Under the present guidelines of the Department of Expenditure (Ministry of Finance), creation of new posts is completely banned. Therefore, creation of Multi Tasking Staff (MTS) is not feasible at this juncture. [No. 25-37/2013-PE-I, DDG (Estt)]