Central Administrative Tribunal - Hyderabad
Ch Koteswara Rao vs Dept Of Posts on 18 April, 2024
OA.Nos.776 & 777/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH, HYDERABAD
OA.No.021/0776/2019 and O.A.No.020/0777/2019
ORDER RESERVED ON 08.12.2023
DATE OF ORDER: 18.04.2024
CORAM:
HON'BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER
OA.No.021/0776/2019
1. Ch.Koteswara Rao, Gr-C, S/o Saidaiah,
Aged 44 yrs, Occ:GDS BPM, Seetharampuram BO,
A/w Gandhi Chowk SO, Khammam Dn & Dist,
Circle Secretary NUGDS Telangana Circle.
2. R.Sree Ramulu Gr-C, S/o Komaraih,
Aged 57 yrs, Occ:GDS BPM Sulanagar BO,
a/w Yellandu SO, Khammam Dn & Dist.
3. G.Kamalakhar Gr-C, S/o Mallaih,
Aged 55 years, Occ:GDS BPM, Kothapet BO,
Bayyaram SO, Khammam Dn & Dist.
4. T.Pulla Rao, Gr-C, S/o Kotaiah,
Aged 49 yrs, Occ:GDS BPM, Nagulavancha BO,
a/w Chinthakuru SO, Khammam Dn & Dist. ...Applicants
(By Advocate Mr.B.Gurudas)
Vs.
1. Union of India, rep. by the Secretary to the
Govt. of India, MOC& IT, Department of Posts,
New Delhi-110 001.
2. The Chief Postmaster General, Telangana Circle,
Hyderabad-500 001.
3. The Postmaster General, Hyderabad Region,
Hyderabad-500 001.
4. The Supdt. Of Post Offices, Khammam Division,
Khammam-507 003. ....Respondents
(By Advocate Mrs.K.Rajitha, Sr. PC for CG)
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OA.Nos.776 & 777/2019
O.A.No.020/0777/2019
1. Ch.Lakshminarayana, Gr-C, S/o Saambasiva Rao,
Aged 42 yrs, Occ:GDS BPM, Kanaparru BO,
A/w Satuluru SO, R/o Kanaparru Village,
Circle Secretary NUGDS AP Circle.
2. Syed Basheerunnisa Begum, Gr-C, w/o Thaher Pasha,
Aged 43 yrs, Occ:GDS BPM KV Padu BO,
a/w Malikipuram SO, R/o Malkipuram
Amalapuram Dn AP.
3. Alluri Venkata Raju Gr-C, S/o Sathyanarayana raju,
Aged 60 years, Occ:GDS BPM, Mogallaaaaaaaaaaa BO,
A/w Bendamuri Lanka SO, R/o Mogallamuri village,
Amalapuram Dn AP.
4. M.Sridhar Reddy, Gr-C, S/o Venkata Reddy,
Aged 42 yrs, Occ:GDS BPM, Vemavaram BO,
a/w Phirangipuram SO, R/o Vemavaram Village,
Narasaraopet DN AP. ...Applicants
(By Advocate Mr.B.Gurudas)
Vs.
1. Union of India, rep. by the Secretary to the
Govt. of India, MOC& IT, Department of Posts,
New Delhi-110 001.
2. The Chief Postmaster General, AP Circle,
Vijayawada-520 013..
3. The Postmaster General, Visakhapatnam Region,
Visakhapatnam-5.
4. The Postmaster General, Vijayawada Region,
Vijayawada -520 013.
5. The Supdt. Of Post Offices,
Narasaraopet Division, Narasaraopet.
6. The Supdt. Of Post Offices,
Amalapuram Division, Amalapuram. ....Respondents
(By Advocate Mrs.B.Gayatri Varma, Sr.CGSC)
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OA.Nos.776 & 777/2019
ORDER
PER HON‟BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER Since common questions of law and facts are involved in both these OAs, the same are being disposed of by this Common Order.
2. The applicants in both the OAs have challenged the action on the part of the respondents in denying them the pay and allowances/wages for 8.00 hrs duty for the work done on par with the regular employees in violation of the doctrine of „equal pay for equal work‟ enshrined under Article 39(D) of the Constitution of India and sought for the following relief:
"To call for the records pertaining to denial of pay and allowances by the respondents for the 8.00 hrs work done by the applicants and declare the same as illegal, arbitrary, contrary to the Rules and instructions prescribed and in violation of the principles of natural justice and the Articles 14, 21 and 39 (d) of the Constitution of India, and direct the respondents to grant pay and allowances for 8.00 hrs on par with the regular Departmental employees performing similar and identical duties, not less than the pay of MTS (Rs.18,000/-) with effect from the date from which they are performing such duties, and pass such other order or other orders as this Tribunal deems fit and proper in the facts and circumstances of the case and in the interest of justice."
3. For the sake of brivity, the facts stated in O.A.No.776/2019 are taken.
4. The first applicant is a GDS Branch Postmaster and also duly elected Circle Secretary belonging to National Union for GDS affiliated to FNPO. He is authorized to represent the grievances of GDS P a g e | 3 of 31 OA.Nos.776 & 777/2019 employees at various forums in the department. The other applicants are also working as GDS Branch Postmasters at the different places in Telangana Postal Circle.
5. The applicants have submitted that the Indian Post Office has got an interesting historical background. The 1st Post Office was started in British India in the year 1764. Since then, the number of Post Offices increased gradually in tune with the growing needs of the Society. At the time of Independence, there were 22,344 Post Offices. The same has crossed to 1,54,866 as on date. Out of which 15,826 (10%) are in Urban areas; 1,39,040 (90%) in Rural areas. Out of 1,39,040 as many as 1,29,420 are the Branch Post Offices. The castle of Postal system was built upon the well laid foundation of BOs. Initially, Teachers, Shopkeepers, Pensioners etc., were appointed as Branch Post Mastrs (BPMs), who were attending to collection, dispatch, receipt and delivery of mail of both registered and unregistered. Subsequently, S.B.Money Order etc. work was introduced. In course of time, in view of the multifarious functions, the role of a BO is changed enormously, particularly after the introduction of NREGS, old age pensions etc. in addition seasons and other activities were also entrusted to the Branch Post Offices (BO) and has become single window for all the activities including Mail, Savings and Welfare Schemes. Due to collection, dispatch, receipt and delivery of mail, opening and operation of SB/RD Account, payments to NREGS beneficiaries, Senior Citizen Pensions, Operation of Biometric machines, RPLI business etc., the work load in P a g e | 4 of 31 OA.Nos.776 & 777/2019 the BOs is increased enormously. The Branch Postmaster hitherto working for 3-5 hours, is now forced to work for 8-16 hours to complete the days work, but the pay and allowances were not paid on prorate basis.
6. The applicants have further submitted that all the GDS Committees including Talwar Committee, Natarajamurthy Committee and Kamlesh Chandra Committee, agreed that the BPMs have got more than 8.00 hrs but they have not suggested any uniform formula as to how to make payment of allowances for the excess work done. Each committee has made a different recommendation.
7. The applicants have further submitted that as per Rule 3A, the GDS shall not be required to perform beyond a maximum period of 5 hours in a day. Contrary to the said Rule, they are forced to work for more than 8 hours, but paid for only 5 hours. Excess work load is not taken into account for the purpose of payment of pay and allowance. Any work done on permanent basis had to be taken into work load. But, the work relating to permanent Schemes like NREGS, Oldage Pensions etc., is not taken into work load and proportionate wages were not paid violating the principle of equal pay for equal work. The BPMs are thus subjected to continuous injustice in increasing the pay and allowances.
8. The applicants have further submitted that the work load of the BO is calculated in terms of points and allowance are paid. Accordingly, P a g e | 5 of 31 OA.Nos.776 & 777/2019 minimum is Rs.4575/- and maximum is Rs.7125/-. As per Sri Kamlesh Chandra Committee (2016) recommendations, all the GDS categories were merged into 2 categories viz., BPM and APBM Dak Sevaks with TRCA for BPMs with 4 hours/level-1 Rs.12000/- & 10,000/- and BPMs/ABPMs with 5 hrs level-2 - Rs.14,500/- & 12,000/- with annual interest of 3%. The minimum wage of Rs.30/- fixed in 1946 was ow increased to Rs.18,000/- as per the VII Pay Commission, whereas the wages of GDS BPMs/ABPMs were not increased proportionately and injustice is done to Gramin Dak Sevaks in fixation of pay and allowances.
9. The applicants have further submitted that the duties performed by the GDS BPMs were similar and identical to that of Sub-Post Masters/Postal Assistants working in Sub/Head Post Offices. In fact, the BPMs/ABPMs, were performing more duties by doing various items of work relating to welfare schemes in addition to Postal work, than the SPM/PA who were paid higher wages. The Multi Tasking Staff in the department, who have no specific duties nor doing skilled work, were paid minimum wage of Rs.18,000/- with all other benefits, whereas the BPMs/ABPMs were paid only Rs.12000/14000/- for the work done from 8.00 to 16.00 hours on daily basis. Casual labour working for 8 hours with temporary status were paid on par with MTS with all other service benefits including Pension. But the BPMs/APBMs who were doing skilled works on par with SPMs/PAs were denied due and legitimate wages.
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10. The applicants have further submitted that the BPM hitherto working for 3-5 hours is now forced to work for 8-16 hours to complete the day‟s work. They are working for more than 8 hours and performing similar and identical duties as that of SPM/PA. The Hon‟ble Supreme Court in catena of judgments held that employees performing similar and identical duties shall be paid equally and there should not any discrimination in payment of wages. This law is not followed in respect of the GDS BPMs. The Hon‟ble Minister of Communications in an union meeting held at Hyderabad on 19.05.2016 assured that action would be taken to increase the working hours of the GDS from 5.00 to 8.00 hours.
11. The applicants have contended that the inaction on the part of the respondent-authorities in not considering their request for increasing the pay and allowances taking the 8.00 hrs work load into account is illegal, arbitrary, against rules and in violation of Articles 14, 21 and 39 (d) of the Constitution of India. The GDS posts are civil posts outside the Civil Service of the Union performing the same duties similar and identical to that of the SPM/PA, They are required to work for more than 8.00 hrs contravening the provisions of Rule-3A of GDS (Conduct & Engagement) Rules, 2011, but payment of pay and allowances were restricted to 5.00 hrs violating the doctrine of equal pay for equal work. In addition to normal and usual works, they are also attending to NREGS work since 2006, Oldage Pension since long, and other similar works. Any work done for longer period has to be taken into work load. In fact, the Department of Posts had issued orders to take the P a g e | 7 of 31 OA.Nos.776 & 777/2019 MNREGS, Oldage pensions into work load. If the same is taken into account, there would be ample justification for increasing the pay and allowances for BPMs.
12. The applicants have further contended that they are covered by the law laid done by the Hon‟ble Supreme Court in Randhir Singh v. Union of India & Others (1982 AIR 879/1982 SCR (3) 298, which is extracted as under:
"3:2. It is true that the principle of "equal pay for equal work" is not expressly declared by our Constitution to be a fundamental right. But it certainly is a Constitutional goal. Article 39 (d) of the Constitution proclaims "equal pay for equal work for both men aud women" as a Directive Principle of State Policy. "Equal pay for equal work for both men and women" means equal pay for equal work for every one and as between the sexes. Directive Principles have to be read into the fundamental rights as a matter of interpretation. Article 14 of the Constitution enjoins the State not to deny any person equality before the law or the equal protection of the laws and Article 16 declares that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. These equality clauses of the Constitution must mean something to everyone. To the vast majority of the people the equality clauses of the Constitution would mean nothing if they are unconcerned with the work they do and the pay they get. To them the equality clauses will have some substance if equal work means equal pay. Questions concerning wages and the like, mundane they may be, are yet matters of vital concern to them and it is there, if at all that the equality clauses of the Constitution have any significance to them. The preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean something. Even if it does not mean 'to each according to his need', it must at least mean 'equal pay for equal work'. [304 E-H, 305 A-D] 3:3. From a construction of Articles 14 and 16 in the light of the Preamble and Article 39(d), it is clear that the principle "equal pay for equal work" is deducible from those Articles and may be properly applied to cases of unequal 300 scales of pay based on no classification or irrational classification though those drawing the different scales of pay do identical work under the same employer. [305 G-H, 306 A] .............It is true that the principle of 'equal pay for equal work' is not expressly declared by our Constitution to be a fundamental right. But it certainly is a Constitutional goal. Art. 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women" as a Directive Principle of State Policy. 'Equal pay for equal work for both men and women' means equal pay for equal work for everyone and as between the sexes. Directive principles, as has been pointed out in some of the judgments of this Court have to be read into the fundamental rights as a matter of interpretation.
P a g e | 8 of 31 OA.Nos.776 & 777/2019 Art. 14 of the Constitution enjoins the state not to deny any person equality before the law or the equal protection of the laws and Art. 16 declares that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. These equality clauses of the Constitution must mean some thing to everyone............
The preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean something. Even if it does not mean 'To each according to his need', it must atleast mean 'equal pay for equal work'. The principle of 'equal pay for equal work' is expressly recognized by all socialist systems of law......"
The applicants have, therefore, prayed this Tribunal to grant the relief as prayed for above.
13. The respondents have contested the OA by filing a reply statement. They have stated that the four applicants were working in Khammam Division viz., 1. Sri Ch.Koteswara Rao, Gramin Dak Sevak Branch Post Master (GDS BPM), Seetharampuram Branch Post Office (BO) in a/w Gandhi Chowk Sub Post Office (SO), was appointed on 28.10.2000, (2) Sri R.Sree Ramulu, GDS BPM, Sulanagar BO a/w Yellandu SO was appointed on 25.02.1984, (3) Sri G.Kamalakhar, GDS BPM, Kothapet BO a/w Bayyaram SO, was appointed on 29.07.1994 and (4) Sri T.Pulla Rao, GDS BPM Naguivancha BO, a/w Chinthakani SO was appointed to the said post on 28.08.1996 and as such all were governed by Post & Telegraph Extra Departmental Agents (Conduct & Service Rules, 1964 at the time of their appointment and later by the Rules amended from time to time.
14. The respondents have further submitted that the Gramin Dak Sevak (GDS) system is unique in the Department of Posts. The GDS P a g e | 9 of 31 OA.Nos.776 & 777/2019 were a class apart, governed by the non-statutory Rules called as Posts & Telegraph Extra Departmental Agents (Conduct & Service) Rules, 1964, later amended as Gramin Dak Sevak (Conduct & Engagement) Rules, 2011and now stand amended as GDS (Conduct & Engagement) Rules, 2020. The GDS were engaged on terms and conditions, which are significantly different from that of regular employees. Thought the GDS hold civil posts, they do not form part of the regular civil service. They were not treated on par with regular Government employees and were not paid regular salary but allowances known as Time Related Continuity Allowances (TRCA). The GDS were part time employees who were not required to work beyond 5 hours in a day. Hence, the TRCA payable to GDS is different and could not be compared with the salary of regular employee. Unlike other appointments, the engagement of a GDS is against a post having a specific workload and a specific allowance proportionate to that workload. The engagement would normally be for 5 hours or less. On account of this part time nature of work, GDS were expected to have alternative sources of income. There were different categories of GDS viz., GDS BPMs, GDS Mail Deliverers, GDS Mail Packers and GDS Mail Carriers. Now, after the approval of the recommendations of One Man Committee headed by Sri Kamalesh Chandra ( a committee constituted for examining the conditions of service and emoluments and other facilities available to the Gramin Dak Sevaks (GDS) w.e.f 01.01.2016, all the categories of GDS have been brought into three categories viz., Branch Postmaster (BPM), Assistant Branch Postmaster (ABPM and Dak Sevaks. Rural Postal offices were P a g e | 10 of 31 OA.Nos.776 & 777/2019 manned by GDSBPMs, who work on a part time basis ranging from 4 hours to 5 hours. They cater to the postal needs of rural community of the country. The need for appointment of such employees, according to the Union of India, is to reach out to the addresses in far flung villages in the country where establishment and maintenance of a regular post office is not viable proposition.
15. The respondents have further contended that as per the conditions of engagement, it was clearly mentioned in the notification itself issued for selection to the post of EDBPMs (now called as GDS BPM) of the BO, where the applicants were working, that they must reside in the BO village on selection and before appointment and must have independent source of income as GDS BPM, which is a part time job with limited working hours. Only after accepting the terms and conditions of employment, the applicants were appointed as ED Agents now called as GDS. At the time of their appointment, the applicants were required to give an undertaking to the effect that they have alternative source of income.
16. The respondents have further submitted that the work load of GDS post is reviewed once in every three years as per review program. The work load is calculated and assessed as per the norms communicated by Postal Directorate from time to time. The latest norms communicated vide Postal Directorate letter No.501/2007-WS-1 (Pt.), dated 16.12.2010. Further, the TRCA payable to the GDS BPMs is based on P a g e | 11 of 31 OA.Nos.776 & 777/2019 the workload in points and the corresponding work hours and for other categories of GDS is corresponding work hours which came into effect from 01.01.2006 communicated vide Director General, Posts letter dated 09.10.2009.
17. The respondents have further submitted that all the Branch Post Offices in Khammam Division, including the BOs where the applicants were working were rolled out to Rural Information and Communication Technology (RICT) in July 2018. RICT was further remained as Digital Advancement of Rural Post Office for a New India (DARPAN). After implementation of RICT , the GDS BPMs were supplied with a hand held device called as RICT machine/device, which is also called as DARPAN device. The BPMs have to attend to all types of transactions under Post Office Savings Bank Schemes, booking of money order and collection of Rural Postal Life Insurance (RPLI) etc. in the RICT device. Consequent on the approval of One Man Committee headed by Sri Kamalesh Chandra, the work hours of Branch Post Offices have been fixed in two categories i.e., 4 hours and 5 hours. The working hours of BOs where the applicants were working was fixed as 5 hours as per the latest review of workload. Accordingly, the working hours of the applicants was fixed as 08.00 to 13.00 hours, 07.30 to 12.30 hours, 07.05 to 12.05 hours and 08.00 to 13.00 hours respectively. After entering the transactions performed in the day, in the RICT device, the BPMs have to generate BO Daily Account, (the account which shows details of all the transactions both receipts and payments performed at the BO on that P a g e | 12 of 31 OA.Nos.776 & 777/2019 day) by performing Day End in the device and dispatch the account bag to their respective SO as per the scheduled time. All this work is to be attended to by the applicants within the working hours of their BO. Thus, ideally the applicants were working for only 5 hours per day in account with Rule 3-A (i) of GDS (Conduct & Engagement) Rules, 2011, which stipulates that a GDS shall not be required to perform duty beyond a maximum period of 5 hours of work in a day (which is one of the terms and conditions of engagement of GDS). But, the applicants have filed the present OA challenging the action of the respondents in denying the pay and allowances/wages for 8.00 hours duty, with justified work load, done on par with the regular employees violating the doctrine of equal pay for equal work enshrined under Article 39 (d) of the Constitution of India.
18. The respondents, in O.A.No.777/2019, have submitted that the applicants 1 and 4 are working under the jurisdiction of 5th respondent and the applicants 2 and 3 under the jurisdiction of 6th respondent. The Extra Departmental Agents (EDAs) now called as Gramin Dak Sevaks (GDS) in Department of Posts. The EDA system in the Department of Posts and Telegraphs is in vogue since 1854. The scope of the system was first confined to the Branch Postmaster (BPM). Till 1880, School Teachers, Shopkeepers, Government pensioners were entrusted with the Postal work and were given nomenclature of Miscellaneous Agents. These Miscellaneous Agents were also called Extraneous Departmental Agents. After abolition of District Postal System in 1906, the Village Post P a g e | 13 of 31 OA.Nos.776 & 777/2019 Offices were rechristened as Branch Post Offices. The EDAs were mainly confined to Rural areas. The Jahangir Committee appointed in the year 1931 recommended the introduction of this system In Urban areas as well. After the acceptance of the Jahangir Committee report of the year 1931, the EDAs were also appointed in Urban areas. The EDAs system in the Department of Posts is governed by the Extra Departmental Agents (Conduct & Service) Rules, 1964, as amended from time to time. The said rules were subsequently amended as Gramin Dak Sevak (Conduct & Engagement) Rules, 2011.
19. The respondents have further submitted that the Extra Departmental system was primarily established to provide economical and efficient Postal services in rural areas of the country by availing of the services of persons in a village, who has the faculty of reasonable standard of literacy and adequate means of livelihood and who, therefore, in their leisure time could assist the department by way of gainful avocation and social service in ministering to the rural communities in their postal needs, through maintenance of simple accounts and adherence to minimum procedural formalities as prescribed by the department for the purpose. The GDS engaged by the department were not required to perform duty beyond a maximum period of 5 hours in a day and they work for only 3 to 5 hours in a day. As per the latest statistics, there are total 1,55,531 Post Offices in India in which 25,556 are Departmental Post Offices and the remaining 1,29,975 are the GDS Post Offices. Total number of departmental P a g e | 14 of 31 OA.Nos.776 & 777/2019 employees are 1,81,477 and the number of GDS are 2,37,341. On an average 8770 people are served by a Post Office in the country. In rural areas, a Post Office serves 6455 people and in urban area 29,458 people. Average area served by a Post Office is 21.14 sq.km. Gramin Branch Post Offices function irrespective of the element of profitability and functions in places where the workload and traffic does not justify opening a Departmental Post Office. The remuneration payable to GDS is called as TRCA and it would be based on the actual workload assessed on the basis of workload assessed in terms of points based on number of transactions in respect of BPMs and workload assessed based on application of norms for the corresponding categories of regular departmental employees in respect of other categories. Since the GDS were not part of regular civil services, the Government has successive constituted committees for revision of wage structure and other service conditions of Gramin Dak Sevaks from time to time after each successive Central Pay Commission (CPC), consequent upon the issue of direction by the II CPC for examining their issues separately by the department. The direction of II CPC was based on the fact that the system of GDS is unique to the Department of Posts, and therefore, merits separate consideration.
20. The respondents have further submitted that as per the recommendations made by the RS Nataraja Murthi Committee constituted after VI CPC, and approved by the Cabinet, the TRCA slabs for various categories of GDS were arrived by calculating the hourly rate P a g e | 15 of 31 OA.Nos.776 & 777/2019 on pro-rata basis based on pay scales recommended by VI CPC for the regular departmental employees to which such categories have some relevance. While the hourly rate for the purpose of TRCA slab in respect of GDS BPM is arrived at by taking account the minimum of pay scale of Rs4860-20200 + Grade Pay of Rs.2000/-, in respect of the GDS MD/SV it is arrived at Rs.1800/-. In respect of other categories, hourly rate for the purpose of TRCA is arrived at by taking into account the minimum of pay scale of Rs.4440-7440 with GP of Rs.1300/-. After implementation of the Kamlesh Chandra committee report, GDS were reclassified into two categories only viz., Branch Postmasters (BPMs) and Assistant Branch Postmasters (ABPMS) and Dak Sevaks. Eleven slabs of old TRCA slabs have been rationalized by clubbing into three TRCA slabs for these two categories. The new TRCA slabs fixed from GDS are (i) 10,000-24,470, (ii) 12000-29380 and (iii) 14500-35,480. Apart from TRCA, GDS were allowed Dearness Allowance (DA) at the same rate as was admissible to the regular departmental employees from time to time and also other allowances. In addition, they are also allowed incentive on MGNREGA, TD Deposits, deposits in Savings Accounts, RPLI, IPPB transactions and other business introduced from time to time.
21. The respondents have further submitted that the work load of GDS would be reviewed once in every three years and the TRCA would be revised based on the work load. The work load of BO would be reviewed periodically and if it is found that the workload of any BO is high and P a g e | 16 of 31 OA.Nos.776 & 777/2019 justifies for opening of a Departmental Post Office, the BO would be upgraded to a Departmental Sub-Post Office.
22. The respondents have further submitted that the EDAs/GDS are a distinct category exclusive to the department and are governed by the non-statutory rules formulated by the Government from time to time. GDS work from the accommodation/house provided by the ED/GDS Branch Postmaster. They are permitted to be retained up to 65 years of age as against 60 years for a regular Government servants. The existing system of EDA/GDS allows the incumbents to provide a supplementary source of income and to derive income by engaging in private business/employment
23. The respondents have further submitted that the Hon‟ble Supreme Court in Union of India & Others v. Kameshwar Prasad (1998 SCC (L&S) 447) held that P&T Extra Departmental Agent (C&S) Rules, 1964, are a complete code governing service, conduct and disciplinary proceedings against EDAs. P&T ED Agents (Conduct & Service) Rules, 1964, were repealed and a new set of Rules called Department of Posts, Gramin Dak Sevak (Conduct & Employment) Rules, 2001, was introduced effective from 24.04.2001 and these rules were also non- statutory in nature. Subsequently, the Department of Posts, Gramin Dak Sevak (Conduct & Employment) Rules, 2001 were also repealed and a new set of rules called the Department of Posts, Gramin Dak Sevak (Conduct & Engagement) Rules, 2011, was introduced effective from P a g e | 17 of 31 OA.Nos.776 & 777/2019 18.04.2011. The same have not been framed under Article 309 of the Constitution, but under the executive powers they are non-statutory in nature. Rule 3-A (v) & (vi) of Conduct & Engagement Rules, 2011, expressly provided that "A Sevak shall be outside the civil service of the Union and a Sevak shall not claim to be at par with the Central Government employees".
24. The respondents have further submitted that the EDAs (now GDS) were specifically excluded from the application of CCS (CCA) Rules 1957 (now 1965), vide MHA Notification No.SRO 609 dated 28.02.1957 at Serial (i) of the list. With this, the GDS category stands excluded from the purview of term „Central Civil Service‟ and „Central Civil post‟ defined under Rule 2© and that of „Government servant‟ definition under Rule 2
(h) (i) of the said rules. Thus, holding a civil post outside the regular civil service ipso facto means that GDS are a separate and distinct category confined to Department of Posts as holders of civil post outside the regular civil services, which does not fall under „Central Civil Service‟ and „Central Civil post‟ or „Government servant‟.
25. The respondents have further submitted that the Hon‟ble Supreme Court in SPOs & Others v. P.K.Rajamma & Others (AIR 1977 SC 1677) and in UOI and others v. Kameshwar Prasad (1977 II SCC 650), held that Extra Departmental Agents (now GDS) are holders of civil posts under the Union as contemplated by Article 311 of the Constitution of India, but they are outside the CCS Rules. Therefore, EDAs/GDSs are P a g e | 18 of 31 OA.Nos.776 & 777/2019 excluded from the definition of an employee prescribed in Rule 2 € of Payment of Gratuity Act, 1972.
26. The respondents have further submitted that the issue of conferment of status of regular departmental to the Gramin Dak Sevaks with 8 hours duty was examined by the Group of Ministers in the year 1998 following the recommendations made by Justice Talwar Committee, but same was not agreed to.
27. The respondents have further submitted that the four applicants were engaged as Branch Postmasters in 5th and 6th respondent divisions on various dates. In the notifications issued for selection of the respective Branch Postmasters, it was clearly mentioned that the applicants must reside in the BO village on their selection before appointment and must have independent source of income as the Post of GDS BPM is a part time job with limited working hours. Applicants themselves while accepting the posts gave a declaration that they are liable to the provisions and penalties under Posts & Telegraphs ED Agents (Conduct & Service) Rules, 1964, amended from time to time. Therefore, the applicants are governed by the GDS (Conduct & Engagement) Rules amended from time to time. As per Note II (i) and
(iii) of Rule 3 in GDS (Conduct & Engagement) Rules, 2011, under which the applicants were appointed and governed, it is mandatory for appointment as GDS, that the person who is a candidate for the said post must possess income other than the TRCA paid to them and they P a g e | 19 of 31 OA.Nos.776 & 777/2019 are not obliged to work more than 5 hours a day and are free to carry out another vocation to generate income for their livelihood. The nature of the job of Gramin Dak sevak is not a full-fledged one consuming 8.00 hours a day but a part time one which restricts work to a maximum of 5 hours a day. The workload of each GDS post is review once in 3 years as per review programme. Based on the increase or decrease in workload, the TRCA would be either increased or decreased. In the present case, the 5th respondent has collected the latest statistics of the Branch Offices of the 1st and 4th applicants and reviewed the actual workload of the offices and found that the actual work load is less than 5 hours. However, as per the rules/guidelines on the subject, whenever TRCA of the BPM is decreased due to reduction in work load, the GDSBPM would be given protection of TRCA and he would also be given opportunity to increase his work load within a year. Accordingly, the TRAC of the applicants was protected and the workload would be reviewed after one year and necessary, as per rules, would be taken after the review. The work load of the 2nd and 3rd applicants was also reviewed by the 6th respondent and the work load is found not to be more than maximum permissible.
28. The respondents have further submitted that the BOs in A.P. Postal Circle were rolled out to Rural Information and Communication Technology hereafter called as RICT in May 2018. . After implementation of RICT, the GDSBPMs should work in on DARPAN device provided to attend daily activities of Branch Post Office, which P a g e | 20 of 31 OA.Nos.776 & 777/2019 facilitated real time transactions with hassle free work for the GDS BPM by providing automatic calculations and daily transaction reports. A mobile phone provided to BPMs to attend transactions under Post Payment Bank (IPPB) by a simple mobile applications. Operating DARPAN device and IPPB mobile applications are semi-skilled works, they require minimum knowledge in operation of cell phone and further, basic knowledge in computers, which is mandatory for GDS as per Recruitment Rules, and the educational qualifications required for GDS post is SSC and they would be selected on the basis of merit, whereas the educational qualification prescribed for PA/SPMs was 10+2 and they would be selected based through competitive examination conducted by the Department/Staff Selection Commission. The recruitment rules, service conditions and nature of work performed by SPMs/PAs is entirely different from that BPMs. Further, the technology related items attended to by the BPMs are only on the hand held devices/mobile phone having simple applications, which is different from the working scenario of the Sub Post Offices where they work on computer systems and would also monitor the transactions done by the BPMs under his control in addition to performing various additional types of transactions at his office on different web applications/softwares.
29. The respondents further submitted that the Multi Tasking Staff are regular departmental officials converted into Group-C cadre with effect from 01.01.2006 and they have specific duties, which are semi-skilled nature as prescribed in the Departmental Manuals based on the work P a g e | 21 of 31 OA.Nos.776 & 777/2019 entrusted for them and office in which they are working. The wages of the GDS cannot be compared with regular employees who are working for 8.00 hrs or more, as they are only working upto 5 hours per day. The interpretation of the applicants that they are working for 08.00 hours in a day is not correct as the Branch Post Office remains closed after dispatch of BO daily account as per the schedule time and no transactions are allowed thereafter. As per Rule-3A of GDS (Conduct & Engagement) Rules 2011, no GDS shall be required to work for more than 5 hours in a day. Though the workload of some BPMs exceeds 5 hours which is calculated based on the statistical data of selected months, but it does not mean that the BPM is working for more than 5 hours as the Branch Post Office remain closed after dispatch of BO daily account as per the schedule time.
30. The respondents have further submitted that as per the law laid down, the Courts should normally refrain from interfering with the policy decisions taken by the State Government/Central Governments because it is for the legislature to take policy decisions and the Executive is to implement such decisions taken by the legislature. In Union of India & Another v. Devki Nandan Aggarwal (JT 1991 (3) SC 608) and reiterated in Hari Chandra & Others v. Faridabad Complex Administration (JT 2005 (4) SC 608), the Apex Court has held that "the Court cannot re-write, re-caste or re-frame the legislation for the very good reasons that it has no power to legislate. The power to legislate has not been conferred on the Courts. The Court cannot add words to a P a g e | 22 of 31 OA.Nos.776 & 777/2019 Statute or read words into it which are not there. The Courts shall decide what the law is and not what it should be".
31. The respondents in both the OAs have, therefore, contended that there are no merits in both the OAs, and prayed this Tribunal to dismiss the OAs being devoid of merits.
32. None present for the Applicants in both the OAs. On 24.10.2023, learned counsel for the Applicants in OA.No.777/2019 has filed his written arguments. Heard Mrs.K.Rajitha, learned Sr. Panel Counsel for the Respondents in OA.No.776/2019 and Mrs.B.Gayatri Varma, learned Senior Standing Counsel for the Respondents in OA.No.777/2019, and perused the material placed on record.
33. The first applicant in both the OAs, is a GDS Branch Postmaster and as a union Circle Secretary, is representing the grievances of GDS employees. Other applicants are also GDS Branch Postmasters at different places in Telangana Postal Circle. The contention of applicants is that the work load in Branch Office has increased enormously instead of 3-4 hours of work, they are forced to work for 8- 16 hours. Different committees, as set up by the department, have also found that the BPMs have got more than 8 hours of work. As per Rule 3A, the GDS shall not be required to perform beyond a maximum period of 5 hours in a day. Any work done on a permanent basis like NREGS, old age pension etc., had to be taken into work load and paid P a g e | 23 of 31 OA.Nos.776 & 777/2019 accordingly. The work load of the Branch Office is calculated in terms of points and allowances are paid, minimum is Rs.4575/- and maximum of Rs.7125/-.
34. All the applicants are governed by the non-statutory rules of Posts & Telegraph Extra-Departmental Agents (Conduct & Service) Rules 1964, later amended as GDS (Conduct & Engagement) Rules 2001, 2011 and 2020. Though GDS hold civil posts but they do not form part of the regular civil service. They are paid allowances known as Time Related Continuity Allowances (TRCA). They are part time employees, who are not required to work beyond five (5) hours in a day and permitted to have alternative source of income. The TRCA payable to GDS is different and cannot be compared with the salary of a regular employees. The engagement of a GDS is against a post having a specific workload a specific allowance proportionate to the workload. There are three categories of GDS after accepting Kamlesh Mehta Committee report, Branch Postmaster, Assistant Branch Postmaster and Dak Sevak. Rural Post Offices are manned by Gramin Dak Sevak Branch Post Master. They must reside in the Branch Office village.
35. Respondents have presented that whenever the workload of the Branch Post Offices increases beyond stipulated working hours, the said Branch Post Office is upgraded as Departmental Sub-Post Office. Four (4) Branch Offices have been upgraded in 2020-21 and three (3) in 2021-22 in Andhra Pradesh Circle and this is a continuous process in P a g e | 24 of 31 OA.Nos.776 & 777/2019 the Department. The work load of the Gramin Dak Sevak is reviewed once in every three years. Sukanya Samruddhi Yojana Accounts, eMO work not including in the workload but these items of work are taken into consideration while arriving at the workload of BPM. Further, MGNREGS payments are being attended only in a few Branch Post Offices as a part of Savings Bank transactions. Similarly, Social Security Pension payments are entrusted to Branch Post Offices in 2015 on commission basis and the payments were discontinued from May-2016. Besides payment of commission on number of payments, the transactions and amount paid under SSP were taken into workload and the TRCA of applicants revised during the special review conducted in 2014-15. Further, NREGS is not a regular work and the applicants themselves agreed that they attended the NREGS and pension payments on incentive basis. The transactions for which incentive was paid, will not be taken into account for calculation of workload for departmental Post offices as well as Branch Post offices. The workload of all GDS BPMs in 5th respondent division is as follows:
Sl. Work load of GDS TRCA scale as No of GDS Revised No. BPM in Points per Nataraja BPMs TRCA scale Committee as per Kamlesh Chandra Committee 1 Up to 75 2745-50-4245 101 12000 2 75-87.5 3200-60-5000 24 12000 3 87.5-100 3660-70-5760 25 12000 4 100-112.5 4115-75-6365 14 14500 5 112.5-125 4575-85-7125 16 14500 6 Above 125 4575-85-7125 13 14500 P a g e | 25 of 31 OA.Nos.776 & 777/2019 As per above figures, it is clear that only very few BPMs, i.e., not even 10% have more than 125 points workload i.e., above 5 hours and that workload is not justified for upgradation of the Branch Post Office to Departmental Sub Post Offices. The Hon‟ble High Court of Madras vide its order dated 08.03.2019 in W.P.No.5305 of 2018, while dismissing the Writ Petition, has observed as under:
"31. A crucial fact, which one has to bear in mind that the „Gramin Dak Sevaks‟ are not required to perform the duty beyond the maximum period of 5 hours per day. Further, as per Rue 3-A of the Department of Posts Gramin Dak Sevak (Conduct and Engagement) Rules, 2011, a Sevak shall be outside the Civil Service of the Union. Hence, the petitioner cannot be equated on par with the Central Government employees. Looking at from any angle, this Writ Petition is devoid of any merits and the same deserves to be dismissed."
36. The first applicant in OA.No.777/2019, has filed M.A.No.698/2021 to carry out the amendment, which has been allowed, and at that time he was already promoted to the cadre of Postman, vide memo No.B2/PM/Rectt/2018 & 2019/GDS, dated 19.06.2020 and he was working in the cadre of departmental Postman w.e.f. 25.06.2020. Therefore, the respondents are putting forward that the first applicant is not authorised for filing of the present MA.
37. Various committees have been constituted by the department time to time and as per their recommendations, the wage structure and service conditions of the Gramin Dak Sevak have been revised along with additional allowances and various other welfare measures. Introduction of various technologies like DARPAN in AP are also P a g e | 26 of 31 OA.Nos.776 & 777/2019 reducing the workload further. The Kamlesh Chandra Committee majority of recommendations, as submitted in the year 2016, have been approved and implemented after due considerations by the Government w.e.f. 01.07.2018. In fact, this committee in its report at Paras 2.24, 2.25 and 2.27, submitted as under:
"Para 2.24. One of the most serious problem with the GDS Post Office network which raises question about downsizing their network is the absence of sufficient workload in many GDS Post Offices which resulted in poor ratio of income to cost.
Para.2.25. The survey of 1584 GDS Post Offices across the country revealed that 54.68% of the surveyed GDS Post Offices have workload of upto 3 hours only. The GDS Post Offices, which were having workload of more than 5 hours among those surveyed comes to about 19% only.
Para 2.27. The committee analysed the income to cost proportion of the surveyed GDS Post Offices."
38. Respondents have calculated the workload of these applicants and presented the fact that in 2014-15, the workload abruptly increased due to increase in transactions under Social Security Pension/NREGS, but after discontinuation of the payment through the Post Office, the workload got reduced, which can be verified with the workload of 2018- 19 and 2019-2020. As per the Gramin Dak Sevak (Conduct & Engagement) Rules amended from time to time, "A sevak shall be outside the civil service of the Union and a sevak shall not claim to be at par with the Central Government Employees". The Apex Court in Union of India & Others v. Kameshwar Prasad (1998 SCC (L&S) page 447), wherein the system and object of engaging EDAs and their status was P a g e | 27 of 31 OA.Nos.776 & 777/2019 considered, had opined that "P&T Extra Departmental Agent (C&S) Rules, 1964, are a complete code governing service, conduct and disciplinary proceedings against EDAs".
39. The Extra Departmental Agents (now GDS) were specifically excluded from the application of CCS (CCA) Rules, 1957 (now 1965) vide MHA notification No.SRO 609 dated 28.02.1957 at Serial (i) of the list. With this exclusion, this category stands excluded from the purview of term „Central Civil Service‟ and „Central Civil Post‟ defined under Rule 2 © and that of „Government servant‟ definition under Rule 2 (h) (i) of the said rules. Thus, holding of civil post outside the regular civil service ipso facto means that Gramin Dak Sevaks are a separate and distinct category confined to Department of Posts as holders of civil post outside the regular civil services, which does not fall under „Central Civil Service‟ or „Central Civil Post‟ or „Government servant‟. This is also supported by the fact that the Government has not included this category in any of the classification of Group-A or B or C or D posts resultant to such exclusion.
40. As per the recommendation of the Kamlesh Chandra Committee, Gramin Dak Sevaks are reclassified into two categories (1) Branch Postmasters and (2) Assistant Branch Postmasters. The new TRCA slabs fixed are (i) 10,000-24,470/-, (ii) 12,000-28,380/- and (iii)14,500- 35,480/-. Apart from TRCA, GDS are allowed Dearness Allowances at the same rate as is admissible to the regular departmental employees.
P a g e | 28 of 31 OA.Nos.776 & 777/2019 There are few other allowances also applicable to GDS along with incentives.
41. The workload of the GDS is reviewed once in three years and TRCA will get revised accordingly. The workload calculated and TRCA scale applicable for the applicants in OA.No.776/2019 is - (1) 1st applicant, BPM, Seetharampuram BO a/w Gandhi Chowk SO, for 2019 year, the workload points is 119.05 and TRCA scale Rs.14,500-35,480/-, (2) 2nd applicant, BPM, Sulanagar BO a/w Yellandu SO, for 2019 year, the workload is 92.92 and TRCA scale Rs.14500-35,480/-, (3) 3rd applicant, BPM, Kothapet BO a/w Bayyaram SO for 2019 workload is 65.21 and TRCA scale Rs.14,500-35,480/-, (4) 4th applicant, BPM, Nagulavancha BO a/w Chinthakuru SO, the workload for 2019 is 139.60 with TRCA Rs.14,500-35,480/-. Similarly, the work load calculated and TRCA scale applicable for the applicants in OA.No.777/2019 is - (1) 1st applicant , BPM, Kanaparru BO a/w Satuluru SO, for 2019-2020 year is 81.01 and TRCA scale Rs.14,500/- (Rs.12,000-29,380/-) (1st applicant was appointed to the cadre of Postman and he is no more a GDS, as on date), (2) 2nd applicant, BPM, KV Padu BO, a/w Malikipuram SO, for the year 2019-2020 is 125.66 and TRCA scale Rs.14500-35480/-, (3) 3rd applicant, BPM, Mogallamuri BO a/w Bendamurlanka SO, for the year 2019-2020 is 97.70 and TRCA scale Rs.12000-29380/-, (4) 4th applicant, BPM, Vemavaram BO a/w Phirangipuram SO, for the year 2019-2020 is 70.26 and TRCA scale Rs.14,500/- (Rs.12000-29380/-). So, all the applicants have less than five (5) hours of workload on an average.
P a g e | 29 of 31 OA.Nos.776 & 777/2019 These BOs have been covered under (RICT) Rural Information and Communication Technology i.e., DARPAN, which gives the real time transactions details. Consequent on the approval of One Man Committee headed by Sri Kamalesh Chandra, the work hours of Branch Post Offices have been fixed in two categories i.e., 4 hours and 5 hours. The working hours of BOs where the applicants were working was fixed as 5 hours as per the latest review of workload. Accordingly, the working hours of the applicants was fixed as 08.00 to 13.00 hours, 07.30 to 12.30 hours, 07.05 to 12.05 hours and 08.00 to 13.00 hours respectively. After entering the transactions performed in the day, in the RICT device, the BPMs have to generate BO Daily Account, (the account which shows details of all the transactions both receipts and payments performed at the BO on that day) by performing Day End in the device and dispatch the account bag to their respective SO as per the scheduled time. All this work is to be attended to by the applicants within the working hours of their BO. Thus, ideally the applicants were working for only 5 hours per day in account with Rule 3-A (i) of GDS (Conduct & Engagement) Rules, 2011, which stipulates that a GDS shall not be required to perform duty beyond a maximum period of 5 hours of work in a day (which is one of the terms and conditions of engagement of GDS).
42. The works and responsibilities of GDS & SPM are not identical and same, GDS works only for limited hours in the Branch Post Office. GDS cannot be equated with the regular Government servants. They P a g e | 30 of 31 OA.Nos.776 & 777/2019 are governed by a different set of rules. Therefore, as per the information given, it is clearly established that the applicants in both the OAs are not working for eight (8) hours in a day and their work is only for a limited period of the day. There are no merits in both the OAs, which are liable for dismissal.
43. Both the OAs are accordingly dismissed being devoid of merits. There shall be no order as to costs.
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