Thursday, December 11, 2014
GDS COURT CASE – PRESENT POSITION
1. NFPE & AIPEU – GDS (NFPE) has filed a Writ Petition in the Supreme Court praying to (1) give direction to the Government to implement the 1977 Judgment of the Supreme Court to treat Gramin Dak Sevaks as Civil Servants and grant all benefits of regular employees (2) to give direction to the Government to include Gramin Dak Sewaks under the purview of 7th Central Pay Commission and (3) to quash the Gramin Dak Sewaks (Conduct and Engagement) Rules 2011. Senior Advocate Mr. Justice (Retired) M. R. Calla and Advocate Uday Gupta appeared in Supreme Court on behalf of NFPE & AIPEU – GDS (NFPE).
2. Hon’ble Supreme Court after hearing the argument in Writ Petition ordered to transfer the case to Delhi High Court for a decision after hearing the Government of India, Department of Posts. In the Delhi High Court the Writ Petition No. 168 of 2014 came up for hearing on 19.09.2014. The Department of Posts filed its counter affidavit. High Court adjourned the case to 04.02.2015 granting time for filing rejoinder reply statement.
3. In the counter affidavit filed by Department of Posts it is stated that three Writ Petitions filed by some Gramin Dak Sewaks (GDS) are pending in the Supreme Court. When we verified with the Supreme Court records it is learnt that all the three Writ Petitions filed by some GDS in the Supreme Court are listed for final hearing on 02.12.2014 (Writ Petition No. 17 of 2009, WP No. 468 of 2009 and WP No. 37 of 2011). Hence NFPE decided to implead in the above Writ Petitions pending in the Supreme Court and our Impleadment Petition I. A. No. 1 in WP (C) No. 17 of 2009 was also filed in the Supreme Court.
4. On 02.12.2014, the three Writ Petitions filed by some GDs came up for hearing. After hearing the Advocate who filed the three Writ Petitions on behalf of some GDS, the court passed the following orders on 02.12.2014.
“It is submitted by Mr. Mukesh K. Giri, Learned Counsel appearing for the Petitioners that Union of India has framed a set of rules called Department of Posts Multi-Tasking Staff Recruitment Rules 2010, by which the Department of Posts (Group ‘D’ Posts) Recruitment Rules 2002 has been superseded. He has drawn our attention that part of the Rules which states as follows:
“Gramin Dak Sewaks are holders of Civil Posts but they are outside the regular civil service due to which their appointment will be by direct recruitment”.
It is submitted by him (Advocate who filed the three Writ Petitions on behalf of some GDS) that in view of the aforesaid declaration under the Rules, the petitioners can agitate their other grievances before the Central Administrative Tribunal”.
5. After hearing the above submission of the Advocate who filed the three Writ Petitions on behalf of some GDS, the Supreme court adjourned the case to 09.12.2014 to hear the arguments of our Advocate in the Impleadment Petitions IA No. 1 filed by NFPE in WP (C) of 17 of 2009. On 09.12.2014, Mr. Justice (Retd.) M. R. Calla, Senior Advocate, Appeared and argued the case on behalf of NFPE. Our Advocate argued for a direction to the Government to grant Civil Servant status and all benefits of Civil Servants to the Gramin Dak Sewaks. The Advocate who filed the Writ Petition has submitted that GDS can agitate their other grievances before the Central Administrative Tribunal (CAT). Finally the Supreme Court ordered that the grievances of the GDS who filed the three Writ Petition in Supreme court may be agitated before the Central Administrative Tribunal (CAT). (Copy of the Hon’ble Supreme court order yet to be received.)
6. The Writ Petition Filed by NFPE & AIPEU-GDS (NFPE) will be heard by the Hon’ble Delhi High Court on 04.02.2015.
As already stated above, the Writ Petition filed by NFPE & AIPEU-GDS (NFPE) is now in the Delhi High Court. We have filed our rejoinder reply statement to the counter affidavit of the Government of India, Department of Posts. The case will come up for hearing on 4th February 2015.
7. The above detailed factual position is explained because daily many GDS from all circles are calling up over phone to know the correct position of the Court case. Case filed by NFPE & AIPEU-GDS (NFPE) will be heard in the Delhi High Court on 04.02.2015. The other three Writ Petitions came up for hearing on 02.12.2014 and 09.12.2014 is not filed by NFPE & AIPEU-GDS (NFPE).
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