Grant of Pension and Gratuity to GDS Employees -invalidation of Rule 6 of Gramin Dak Sevaks (Conduct & Engagement) Rules, 2011

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ALL INDIA GRAMIN DAK SEVAKS UNION (AIGDSU)

(Central Head Quarter)

First Floor, Post Office Building, Padamnagar, Delhi 110007

President: M. Rajangam

General Secretary S.S. Mahadevaiah

Letter No. GDS/72 /01/2017 Dated: 07/02/2017

To

Sri B.V. Sudhakar Jee,

Secretary

Department of Posts,

New Delhi-110001

Sub:- Grant of Pension and gratuity to GDS employees -invalidation of Rule 6 of Gramin Dak Sevaks (Conduct & Engagement) Rules, 2011.

Ref:- judgment of the Hon’ble C.A.T. Principal Bench, New Delhi delivered on 12.11.2016 in OAS No. 749/2015, 3540/2015 and 613/ 2015 and report of Kamlesh Chandra GDS committee in chapter 18 relating to severance amount, service discharge benefits scheme etc.

Sir,

Your kind reference is invited to the judgment of the Hon’ble Central Administrative Tribunal Principal Bench New Delhi delivered on 17.11.2016 is OAS No. 749/2015; 3540/2015 and 613/2015 copy enclosed for ready reference in which the Hon’ble Tribunal has struck down Rule 6 of the GDS ( conduct & Engagement) Rules, 2011. The Hon’ble Tribunal has further observed as follows in para 18 of the judgement:

However, Rule 6 is in direct conflict with the judgments in Vinod Kumar Saxena (supra), P.K. Rajamma (supara), and Dattappa (supra) cases, as it debars Gramin Dak Sevaks from pension. The direct fall out of these judgments is that a Gramin Dak Sevak, who retires as a Gramin Dak Sevak and not absorbed in Group “D” should be entitled to get pension based on the period served as Gramin Dak Sevak. It cannot be at par with regular employees as the working hours are different. Since we cannot get into determination of the factual position of whether Gramin Dak Sevaks work for 5 hours or 8 hours or less, we would consider working hour of Gramin Dak Sevak as 5 hours as stipulated in Rule 3-A and, therefore, the period for which their service as Gramin Dak Sevak should be counted for the purpose of pension should be 5/8th of the period actually spent as Gramin Dak Sevaks, for those who retire as Gramin Dak Sevaks.

2. The Hon’ble Tribunal has ruled in para 20 of the said judgment as:

To summaries, we dispose of the O.As. with the following directions to the respondents:

(a) For all Gramin Dak Sevaks, who have been absorbed as regular Group ‘D’ staff, the period spent as Gramin Dak Sevak will be counded in toto for the purpose of pensionary benefits.

(b) Pension will be granted under the provisions of CCS (Pension) Rules, 1972 to all Gramin Dak Sevaks, who retire as Gramin Dak Sevak without absorption as regular Group ‘D’ staff, but the period to be counted for the purpuse of pension will be 5/8th of the period spent as Gramin Dak Sevak. Rule 6 will accordingly be amended.

(c) The Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 are held to be valid except Rule 6, as stated above.

1. Thus paras 18.48 from para 18.48.1 to 18.48.8 relating to “severance Amount” and para 18.49.9 to 18.48.14 stand in validated and the GDS employees are eligible for payment of pension under the provisions of CCS ( Pension) Rules 1972 by treating the period of service rendered by them as 5/8th to be treated at par with departmental employee.

2. Regarding the report in paras 18.48.15 to 18.48.19 relating to gratuity, the following modification are to be made :-

(1) The nomenclature should be “Death cum Retirement Gratuity (DCRG)”

(2) The maximum amount of gratuity should be Rs 12.5 lacks (5/8th of maximum) for departmental employees.

3. Regarding other portion of report we shall be giving our views shortly in a separate letter.

You are, therefore, requested kindly to take these legal matters into view while implementing the report of the GDS committee.

A copy of the aforementioned judgment is enclosed.

With high regards,

Yours faithfully

(S.S. Mahadevaiah)

General Secretary