No.17-09/2018-GDS. Government of India. Ministry of Communications. Department of Posts (GDS Section)
Dak Bhawan, Sansad Marg, New Delhi-110 001
Dated 07.01.2022
Shri S. S. Mahadevaiah General Secretary, AIGDSU, CHQ Padamnagar Delhi- 110 007.
Subject: - Pending problems of GDS-resolution adopted at CWC meeting of AIGDSU held on 16.10.2021-reg.
Sir, I am directed to refer to your letter no. GDS/CHQ/90/2/2018 dated 25.10.2021 on the above subject and to inform that, response on related points raised by Union is as under: -
(i) Gratuity: - There has been unjustifiable cut in the amount of gratuity and also in date of effect. The amount of gratuity must be what the committee has recommended i.e. Rs.5 lakh and date of effect 01.01.2016 at the rate of l/4th of salary last drawn for every completed six month of engagement.
Response: - Recommendations of one-man committee on Social Security Benefits for Gramin Dak Sevaks (GDS) already has been examined and accordingly order of GDS Gratuity and Severance amount vide letter no. 17-31/2016-GDS dated 27.06.2018 and dated 01.07.2019 has been issued with the approval of Government. Recently, in a Civil APPEAL NO.3151 OF 2019 of Guru sewak Singh and Others, Honorable Supreme Court has observed that, A GDS is not an employee under the 1972 Act and also dismissed the case of Gratuity on 15th March 2019.
(ii) Contribution to Pension fund: - Union demand that the GDS engaged before 01.01.2004 must be brought under the pension scheme. Regarding those engaged after 01.01.2004 the contribution should be 14% of TRCA by the GDS and similar amount by the Government.
Response: - The Garmin Dak Sevaks shall not be entitled to any pension. However, they shall be entitled to GDS Gratuity, Severance amount or SDBS as may be decided by the Government from time to time. Department had issued the instruction on Social Security Benefits for GDS vide letter no. 17-31/2016-GDS dated 27.06.2018 and dated 01.07.2019.
(iii) Grant of Severance amount: - It should be Rs. 4000/- for every year of severance without any condition.
Response: - The Severance Amount shall be paid at the rate of Rs. 4,000/- for every completed year from 01.01.2016. Maximum ceiling on Severance Amount shall be Rupees One lakh fifty thousand (Rs. 1,50,000/). Department had issued the Instruction on Social Security Benefits for GDS vide its order no. 17-31/2016-GDS dated 27.06.2018 and dated 01.07.2019.
(iv) Grant of composite allowance: - There is no justification for ad hoc cut in the composite allowance. The ground securities demand that these should be as per recommendation of the committee including the GDS employees working in towns and classified cities.
Response: - Composite Allowance (in lieu of OMA) has been revised (For BPMs only) @Rs.500/- for BPMs providing Branch Post office accommodation which meets the prescribed standards and @Rs.250/- for BPMs having Branch Post office at non-standard/rent free accommodation. Order has been issued vide letter no. l7-31/2O16-cDS dated 25.06.2018.
(v) Grant of Medical facility: - In case of sickness, the medical expenses should be reimbursed to the GDS. In case of severe illness specialist hospitals should be recognized for free treatment of GDS employees. ESI and CGHS facilities may also be extended wherever applicable.
Response: - As per the demand raised by AIGDSU the matter to cover the GDSs to Group Medical Insurance was taken up with ESIC. On the basis of terms and conditions provided by ESIC, the proposal was sent to MOF. The Finance Ministry, after examining the proposal, did not agree to it. GDSs are holders of a civil post but outside the regular civil service. Hence, they cannot be covered under CGHS.
(vi) Single handed BOs: - All single handed BOs doing multipte work i.e. work of delivery of mail conveyance or both must necessarily be granted five hours of work and TRCA, and if the work exceeds 5 hours additional hand should be sanctioned.
Response: - On the basis of recommendations of GDS Committees report, instructions had already been issued to circle vide Directorate letter no. 17-3L/2016-GDS dated 21.06.2019 that Circles may provide one more GDS to Single handed BOs wherever justified from the surplus GDS if any available in the Division/ Region/Circle so that instances of BpM doing delivery and mail conveyance both can be reduced to the barest minimum
(vii) Leave: - The benefits of leave as recommended by the Committee should be implemented viz. paid leave enhanced to 30 days with carry forwarded and accumulation, one-week paternity leave.
Response: - The recommendation of the Committee regarding enhancement of paid leave from 20 to 30 days per annum to GDS has not been agreed to by the Government.
(viii) Five hours ceiling condition: - maximum 5 hours work BO may be removed and TRCA up to 7 1/2 hours may be granted as per the work load. Incentive system should remove and time factor should be granted for IPPB, AePS, MGNRGS & other work
Response: - The Gramin Dak Sevaks (GDSs) work for a minimum of four hours and maximum five hours a day. This work is part time in nature and for this work, they are being paid Time Related Continuity Allowance (TRCA) @Rs. 10,000-14,500/-. A Sevak shall not be required to perform duty beyond a maximum period of 5 hours in a day and this is the first and most significant term and condition for the engagement of GDS. Branch Post Office can be upgraded to Departmental Sub Post Office in 8 hours only if the workload of Branch Post Office is more than 5 hours.