GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & IT
DEPARTMENT OF POST:: (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 29.03.2012 seeking 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 Directorate and I
am directed to clarify the position as under;-
(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 method 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 & Employment)
Rules, 2001 and thereafter 2001 rules have also been replaced by GDS (Conduct
& 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 mandatory required before taking a stand before the Court of
Law.
Sd/-
(Surender Kumar)
Assistant Director General GDS/PCC
Copy to:-
All Heads of Postal Circles except Kerala Circle- for
information & disseminating the contenets to the notice of all concerned
for strict compliance.
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