GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & IT
DEPARTMENT OF POSTS (GDS Section)
Dak Bhawan, Sansad Marg,
New Dehil – 110 001
No.19-10/2004-GDS
(Part) Dated
: 10 April, 2012
To
Chief Postmaster General
Kerala Circle
Thiruvananthapuram – 695 033
Sub:-LIMITED TRANSFER FACILITY TO GAMIN
DAK SEVAKS – CLARIFICATION THEREOF
This has a reference to your office letter No.CO/LC/21/OA/12 dated 27th
Mar 2012 received only on 29.03.2012seeking advice if the various categories of
the GDS Posts as prescribed in Rule 3 (d) of GDS (Conduct & Engagement)
Rules, 2011 could be classified based on the skills or hierarchy or TRCA slabs
within these categories.
2. The issue has been examined in this
(a)
Rule 3 (d) the Department of Posts,
Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 currently recognizes
only The five categories of Gramin Dak Sevaks i.e. GDS BPM, GDS MD, GDS MC, GDS
Mail Packer and GDS Stamp Vendor.
(b)
With the issue and implementation of
orders relating to downgrading the EDSO's to EDBO's the category of GDS SPM is
not in vogue. For the purposes of TRCA, Gramin Dak Sevaks are closed as
three categories i.e. GDS BPM, GDSMD/SV & GDS MC/Packer, Their TRCA has
been fixed based on pre-revised scales of pay of the corresponding categories
of regular Government employees on pro-rata bases. Their TRCA is further based
on workload assessed as per laid down norms and slabs.
(c)
There is no concept of higher or lower
post or skilled within a category and /or amongst various approved categories
as recognized from time to time. For the purpose of direct recruitment to MTS
Group C post, their seniority is reckoned with reference to date of entry
in any GDS post based on seniority in the concerned division as a whole.
There is no categorization of various GDS posts into 'White Collar' or 'Blue
Collar' and such a classification is not also defined anywhere.
(d)
The 'Recruiting Authority' mentioned in
Rule 4 and further defined in the Scheduled annexed to the Department of Posts,
Gramin Dak Sevaks(Conduct and Engagement) Rules, 2011 is based on working
arrangement and for administrative convenience only. As the Gramin Dak Sevaks
are entitled to protection under Article 311 (2) of the Constitution as held by
Apex Court, the concerned authority will exercise his disciplinary
jurisdiction as per the categories of GDS, for which one is designated as
recruiting authority.
(e)
The existing provisions governing
Limited Transfer Facility do not prescribe any restriction for allowing
transfer form one category to another and amongst the various categories of
Posts irrespective of TRCA slabs prescribed for these categories and even from
one wing to another i.e., RMS to Postal or vice versa. The requirement is fulfilled of required
qualification and other conditions for limited transfer facility.
(f)
While circulating the Department of
Posts, Gramin Dak Sevaks (Conduct and Employment) Rules. 2001 vide DG letter
No. 22-1/2000-ED & Trg dated 24.04.2001, it was clearly provided in Para
4(ix) of letter dated 24.04.2001 that "executive instructions issued and
published below the respective rules as also those brought out in other
sections such as method of recruitment, etc of Swamy's Compilation of Service
Rules for the Postal ED Staff shall also stand revised/ amended mutandis
in keeping with the amended/revised rules. Thus, the executive instructions
providing for metnod of recruitment issued prior to circulation of the 2001
rules was provided by amending the Note II (iv) of Rule 3 of Rules and in
accordance with the amended provision, limited Transfer Facility was provided
under this Directorate letter No. 19-10/2004- GDS dated 17.07.2006 subject to
terms and conditions mentioned therein.
(g)
Hon'ble Supreme Court in the case of
UOI Others vs. Kameshwar Prasad 1998 SCC (L&S) page 447 wherein the system
and object of engaging EDA's and their status was considered and adjudicated
upon, Held that P&T Extra Department Agent (C&S)Rules, 1964 are a
complete code governing service, conduct and disciplinary proceedings against
EDA's P&T EDA's Rules, 1964 were repealed and a fresh set of rules replacing
the earlier rules was issued under GDS (Conduct and Employment) Rules, 2001
& thereafter 2001 rules have also been replaced by GDS (Conduct &
Employment) Rules, 2001 & thereafter 2001 rules have also been replaced by
GDS (Conduct and Engagement) Rules, 2011.
(h)
So far protection of TRCA is concerned,
this Directorate letter No. 14-16/2001-PAP(Pt.) dated 11.10.2004 issued in
supersession to all previous provisions provided for protection of TRCA on
reduction of workload and redeployment of staff on abolition of post and not in
cases where redeployment was made on request. These provisions were not
applicable under transfers which have occurred under Limited Transfer Facility
extended to GDS under this Directorate letter No. 19-10/2004-GDS dated
17.07.2006. Para 3 (iii) of this Directorate letter dated 17.07.2006 prescribed
that TRCA of the new post shall be fixed after assessment of actual workload of
the post measured with respect to the cycle beat in respect of GDS
MD/MC/Packer/Mail Messenger in this Directorate letter No. 14-11/97-PAP dated
1.10.1987. Based on this analogy, the incumbents of GDS BPM post in terms of
points. This Directorate vide letter No. 19-10/2004-GDS (part) dated 21.07.2010
prescribed further that on transfer to a new post, the GDS cannot have any
claim for protection of their TRCA drawn in the old post and his/her TRCA will
be fixed at the minimum of the TRCA slab of the transferred post depending upon
the workload of the said post.
(i)
The power to allow transfer under the
Limited Transfer Facility is vested only with the Head of the Circle and not
with any other lower functionary. The position on this has recently been
clarified under No.19-10/2004-GDS (part) dated 19.03.2012.
3. In view of the foregoing, immediate action may please be taken to get
rectified the stand in conformity with the above. In order to avoid
controversies and different stands before the Court of Law in future, prior
consultation/approval of the Head of the Circle in each court case is
prescribed to the mandatorily required before taking a stand before the Court
of Law.
Sd/-
(Surender Kumar)
Assistant Director General
9GDS/PCC
Copy to;-
All Heads of Postal Circles except Kerala Circle- for information & disseminating
the contents to the notice of all concerned for strict compliance.
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