compassionate engagement on GDS posts to Dependants of Gramin Dak Sevaks discharged on medical grounds based on proof of invalidation prior to 14.12.2010

Government of India

Ministry of Communication & IT

Department of Posts

(GDS Section)

Dak Bhawan, Sandad Marg

New Delhi – 110001

 

No. 19-19/2009-GDS                                                                                      Dated: 21 Feb 2012

 

Chief Postmaster General

Postmaster General

 

Subject : Consideration of compassionate engagement on GDS posts to Dependants of Gramin Dak Sevaks discharged on medical grounds based on proof of invalidation prior to 14.12.2010 

          A reference is invited to Para 7(d) of this Directorate letter No. 17-17/2010-GDS dated 14.12.2010 wherein it was provided that "this percentage of 10% shall only apply to cover cases of wards of deceased GDS and not to GDS acquiring disability during service defined in the Persons with Disabilities Act, 1995. Section 47 of the Persons with Disabilities Act, 1995 provides that no establishment shall dispense with or reduce in rank an employee who acquires a disability during his service as also no promotion shall be denied to a person merely on the ground of his disability. In case of a GDS acquiring a disability during his service and is considered to be unsuitable for the GDS post he was holding, could be shifted to some other post with the same TRCA." The ceiling of 10% was further removed with revised provisions under this Directorate letter No. even dated 01.08.2011.

 

2.         The issue of allowing compassionate engagements to one of the dependant of the GDS discharged on invalidation on medical grounds supported by the invalidation proof has been considered in this Directorate and it has now been decided to allow considering compassionate engagement to one of the words of invalidated GDS discharged before the date of issue of this Directorate letter No. 17-17/2010-GDS dated 14.12.2010 on consideration of the indigent condition of the family taking recourse to the application of the same provisions of compassionate engagement and process as were in force at the time of discharge of the GDS on invalidation, without a further reference to this Directorate.

 

3.         It is, however, clarified once again that the provision contained in Para 7 (d) of this Directorate letter No. 17-17/2010-GDS dated 14.12.2010 as amended may be observed scrupulously and no GDS is allowed to be discharged on invalidation observing the provisions of Section 47 of the Persons with Disabilities Act, 1995. In case a GDS acquires a disability during his service and is considered to be unsuitable for the GDS post he was holding, he/she may be shifted to some other post with the same TRCA. If at all some genuine difficulty arises about the nature of work to be extracted from him and the concerned HOC is personally convinced of the grounds in individual cases, the Circles may take up the issue of appropriate cases with the Training Division of this Directorate.

 

4.         The instructions contained in Para 7(d) of this Directorate letter No. 17-17/2010-GDS dated 14.12.2010 & the present instructions would cover the cases of the GDS where a GDS was permitted to be discharged during the period from 01.01.1996 to 13.12.2010 by the prescribed appointing authority based on medical invalidation by a medical board of a Government Hospital and the disability would cover only the disabilities mentioned and defined in Section 2 of the PWD Act, 1995." While considering the cases under this provision, Head of the Circle would personally ensure that only the cases fulfilling the requisite conditions are considered for compassionate engagement.

 

5.         The above provisions may be brought to the notice of all concerned for strict compliance. This issue with the approval of Secretary(Posts).

       Sd/-

(Surender Kumar)

Assistant Director General (GDS