File No.23-01/2019-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)
Dak Bhawan, Sansad Marg
New Delhi - 110001
Dated: 12/02/2020
OFFICE MEMORANDUM
Sub:- Payment of TRCA on Sundays /Holidays to the GDS working against Leave vacancies/Vacant posts in
Postman/ Mail Guard /MTS Cadre.
In the present set up, Gramin Dak Sevaks are working against the leave vacancy /vacant posts of Postman
/Mail Guard /MTS Cadre in departmental Post Offices. As per Directorate order no. 47-19/90-SPB-II dated
23.04.1992 regarding grant of paid National Holidays to GDS employees when appointed against the Postman/
Mail Guard/MTS Cadre against leave vacancy/vacant posts, these GDS are getting salary for Sunday if they
continuously works for 6 days. Similarly, GDS are also getting 3 National Holidays if it falls on working
day, provided he/she works on both the preceding/succeeding working days to the National Holidays. However,
no extra payment on account of National Holidays will be made to persons working substitutes of GDS in view of fact that payment of remuneration to GDS is
made on monthly basis.
2. Similarly, GDS substituting in leave vacancy/Vacant posts of Postman / Mail Guard / MTS Cadre are
deprived of Productivity Linked Bonus for the period of officiating as Postman/ MTS is on the pretext that
they are on Leave Without Allowance.
3. For substitutes, as per As per Directorate orders vide no.17-07/2019-GDS dated 09.10.2019, substitutes of
GDS who have worked in leave vacancies/ Vacant Post in Postman/ Mail Guard /MTS Cadre are also paid on the
basis of minimum of revised TRCA level of that post of GDS.
4. In view of above, in supersession of this office memo of even no. dated 23.10.2019, following orders are
issued with the approval of the Competent Authority:-
Gramin Dak Sevaks when appointed against the leave vacancy/vacant post of regular Postman/MTS,
these GDS will get salary for all the Postal Holidays if the Postal Holidays falls on working day, provided
he/she works on both the preceding/succeeding working days to the Postal Holidays. However, no extra payment on account of Postal Holidays will
be made to persons working substitutes of GDS in view of fact that payment of remuneration to GDS is made on
monthly basis.
GDS are when appointed against the leave vacancy / vacant post of regular Postman/ MTS, have to
apply for leave without allowance as GDS. There is a difference in Leave Without Allowance for personal
reasons and Leave Without Allowance for officiating as Postman/MTS. In this case, the GDS is on official
duty and is contributing to the productivity. Hence GDS while on LWA for official duty, there is no
question of deducting this period for PLB.
sd/-
(S.B. Vyavahare)
Assistant Director General (GDS/PCC)
Consolidated instruction on Casual Labour - DoPT 2020
No.49014/5/2019-Estt.(C)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
North Block. New Delhi
Dated: 13th February,2020
OFFICE MEMORANDUM
Subject: Consolidated instruction on Casual Labour- reg.
The undersigned is directed to refer to the subject mentioned above and to say that various instructions have
been issued by the Government from time to time regarding casual labourers. All such instructions issued till
date and still in vogue have been consolidated under easily comprehensible headings for the facility of
reference and placed at Annexure to this O.M. All Ministries/ Departments are requested to bring the above
guidelines to the notice of all concerned.
(Umesh Kumar Bhatia)
Deputy Secretary to the Government of India
ANNEXURE
A. CASUAL LABOURER
1. Appointment:
1.1. Persons on daily wages (casual workers) should not be recruited for work of regular nature.
Also check: Minimum pay for Calculation of pay of casual labourers (without temporary status)
1.2. Recruitment of daily wagers may be made only for work which is casual or seasonal or intermittent nature
or for work which is not of full time nature, for which regular posts cannot be created.
1.3. The work presently being done by regular staff should be reassessed by the administrative Departments
concerned for output and productivity so that the work being done by the casual workers could be entrusted to
the regu.lar employees. The Departments may also review the norms of staff for regular work and take steps to
get them revised.
1.4 It has been observed that in spite of strict guidelines on engagement of Casual Labourer vide the above
referred O.M, various Ministries/ Departments continue to engage casual workers for attending work of
regular nature against the Government's policies. It is, therefore, reiterated that all Ministries/
Departments may ensure strict compliance of the guidelines on engagement of Casual Labourers. Negligence in
the matter of implementing these guidelines should be viewed seriously and brought to the notice of the
appropriate authorities for taking prompt and suitable action against the defaulters.
[O.M. No.49019/1/95-Estt(C) dated 14.06.2016]
2. Pay/wages:
2.1 Where the nature of work entrusted to the casual workers and regular employees is the same, the casual
workers may be paid at the rate of 1/30th of the pay at the minimum of the relevant pay scale plus dearness
allowance for work of 8 hours a day.
2.2. In cases where the work done by a casual worker is different from the work done by a regular employee,
the casual worker may be paid only the minimum wages notified by the Ministry of Labour and Employment or the
State Government/ Union Territory Administration, whichever is higher, as per the Minimum Wages Act, 1948.
However, if a Department is already paying daily wages at a higher rate, the practice could be continued with
the approval of its Financial Adviser.
[O.M. No.49014/2/86-Estt(C) dated 07.06.1988] and [O.M. No.4901/1/2017- Estt(C) dated 04.09.19]
3. Leave:
3.1. The casual workers may be given one paid weekly off after six days of continuous work.
3.2. The payment to the casual workers may be restricted only to the days on which they actually perform duty
under the Movement with a paid weekly off as mentioned above. In addition, they will also be paid for a
National Holiday, if it falls on a working day for the casual workers.
[O.M. No.49014/2/86-Estt(C) dated 07.06.1988]
3.3. It has further been decided that casual workers working in offices having a five day week may be allowed
one day paid weekly off provided they have worked for a minimum of 40 hours during the said week.
[O.M.No.49019/1/95-Estt(C) dated 14.06.2016]
B. SCHEME OF 1993 (Grant of Temporary Status and Regularisation of Casual Labourer)
1. Eligibility:
1.1. This scheme was applicable to casual labourers in employment of the Ministries/Departments of Government
of India and their attached and subordinate offices, on the date of issue of these orders. But it shall not
be applicable to casual workers in Railways, Department of Telecommunication and Department of Posts who are
already governed by their own separate schemes.
1.2. Temporary status was to be conferred on all casual labourers who are in employment on the date of issue
of this OM and who have rendered a continuous service of at least one year, which means that they must have
been engaged for a period of atleast 240 days (206 days in the case of offices observing 5 days week).
1.3. Such conferment of temporary status was to be without reference to the creation / availability of
regular (erstwhile) Group 'D' posts.
1.4. Conferment of temporary status on a casual labourer did not involve any change in his duties and
responsibilities. The engagement was on daily rates of pay on need basis. He might be deployed anywhere
within the recruitment unit/territorial circle on the basis of availability of work.
1.5. Such casual labourers who acquire temporary status will, however, not be brought on to the permanent
establishment unless they are selected through regular selection process for (erstwhile) Group 'D' posts.
[O.M. No.51016/2/90-Estt(C) dated 10.09.1993]
2. Benefits:
2.1. Wages at daily rates with reference to the minimum of the pay scale for a corresponding regular
(erstwhile) Group 'D' official including DA and HRA.
2.2. Benefits of increments at the same rate as applicable to a (erstwhile) Group 'D' employee would be taken
into account for calculating Pro-rata wages for every one year of service subject to performance of duty for
at least 240 days (206 days in administrative offices observing 5 days week)
in the year from the date of conferment of temporary status.
2.3. Leave entitlement would be on a pro-rata basis at the rate of one day for every 10 days of work. Casual
or any other kind of leave, except maternity leave, will not be admissible. They will also be allowed to
carry forward the leave at their credit on their regularisation. They will not be entitled to the benefits of
encashment of leave on termination of service for any reason or on their quitting service.
2.4. Maternity leave to lady casual labourers as admissible to regular Group 'D'
(erstwhile) employees was to be allowed.
2.5. 50% of the service rendered under temporary status would be counted for the purpose of retirement
benefits after their regularisation.
2.6. After rendering three years' continuous service after conferment of temporary status, the casual
labourers would be treated on par with temporary (erstwhile) Group 'D' employees for the purpose of
contribution to the General Provident Fund, and would also further be eligible for the grant of Festival
Advance / Flood Advance on the same conditions as are applicable to temporary erstwhile Group 'D' employees,
provided they furnish two sureties from permanent Government servants of their Department.
2.7. Until they are regularized, they would be entitled to Productivity Linked Bonus/ Adhoc bonus only at the rates as applicable to casual labourers.
2.8. No benefits other than those specified above was to be admissible to casual labourers with temporary
status.
[O.M. No.51016/2/90-Estt(C) dated 10.09.1993]
3. Conditions for regularisation:
3.1 Two out of every three vacancies in Group-'D' (erstwhile) (and now Group 'C') cadres in respective
offices where the casual labourers have been working was to be filled up as per extant recruitment rules and
in accordance with the instructions issued by Department of Personnel and Training from amongst casual
workers with temporary status. However, regular Group 'D'(erstwhile) staff rendered surplus for any reason
will have prior claim for absorption against existing/future vacancies. They would be allowed age relaxation
equivalent to the period for which they have worked continuously as casual labourer.
[O.M. No.51016/2/90-Estt(C) dated 10.09.1993]
3.2 Following the acceptance of the recommendation of the 6th CPC, all Group D posts had been upgraded to
Group C posts. Recruitment to erstwhile Group 'D' posts placed in Group 'C', PB-I, Grade Pay' 1800/- (non
technical as MT Staff) is now made only through Staff Selection Commission and minimum educational
qualification for appointment is Matriculation or ITI pass. Regularisation of CL-TS therefore, could not be
done by the Ministries/ Departments on their own and requires relaxation of para 8 of the Appendix to the
O.M. dated 10.09.1993 by D/o Personnel & Training with the concurrence of Department of Expenditure.
[O.M.No.49014/3/2014-Esttc dated 16.10.2014]
4. Clarifications regarding the Scheme of 1993:
4.1.
Sl.No.
Points raised
Clarifications
1
Whether the casual employees who where not initially engaged through employment exchange
are entitled to the benefit of temporary status.
Since it is mandatory to engage casual employees
through employment exchange, the appointment of casual employees without employment exchange is irregular.
Hence such casual employees cannot be bestowed with temporary status.
2
Whether temporary status could be granted to the part-time casual
employees
No
3
Will the casual labourers initially engaged after crossing the upper age limit prescribed
for recruitment to Group 'D' posts be eligible for grant of temporary status?
No age limit has been
prescribed for grant of temporary status. However, for the purpose of subsequent regularisation, the
conditions regarding age and educational qualifications prescribed in the relevant recruitment rules will
apply
4
Will the wages of casual employees be debited to the salaries sub-head of the establishment
or to the contingent sub-head?
Since the casual employees on grant of temporary status would be
entitled for wages on actual basis, their wages will have to be debited to the sub-head 'wages'
5
For the purpose of assessing leave entitlement how should qualifying period be
reckoned
Qualifying period should be reckoned with reference to actual number of days duty performed
ignoring days of weekly off, leave and absence etc. All days of duty will be counted irrespective of
intervening spells of absence, which do not constitute break in service.
6
Frequency at which leave will be credited. Twice a year.
On the 1st of January and
1st of July credit will be afforded for the preceding half year or fraction thereof, on a pro-rata basis at
the rate of one day for every 10 days of work
[O.M. No.49014/2/93-Estt(c) dated 12.07.1994]
4.2. The hon'ble Supreme Court while hearing SLP (Civil) No.2224/2000) in the case of Union of India &
Anr. Vs. Mohan Pal etc. had directed that:- "The Scheme of 10-9-93 is not an ongoing Scheme and the temporary
status can be conferred on the casual labourers under that Scheme only on fulfilling the conditions
incorporated in clause 4 of the scheme, namely, they should have been casual labourers in employment on the
date of the commencement of the scheme and they should have rendered continuous service of at least one year
i.e. at least 240 days in a year or 206 days (in case of offices having 5 days a week). We also make it clear
that those who have already been given 'temporary' status on the assumption that it is an ongoing Scheme
shall not be stripped of the 'temporary' status pursuant to our decision". The Supreme Court in the above
case had also considered the question as to whether the services of casual labourers who had been given
'temporary status could be dispensed with as per clause 7 as if they were regular casual labourers and
observed that- "The casual labourers who acquire 'temporary' status cannot be removed merely on the whims and
fancies of the employer. If there is sufficient work and other casual labourers are still to be employed by
the employer for carrying out the work, the casual labourers who have acquired 'temporary' status shall not
be removed from service as per clause 7 of the Scheme. If there is serious misconduct or violation of service
rules, it would be open to the employer to dispense with the services of a casual labourer who had acquired
the 'temporary' status.
[O.M. No.40011/6/2002-Estt(C) dated 06.06.2002]
C. REGULARISATION OF IRREGULARLY APPOINTED WORKERS (in light of Uma Devi Judgement)
1. A Constitution bench of the Supreme Court in civil appeal No. 3595-3612/1999 etc. in the case of Secretary State of
Karnataka and Ors. Vs. Uma Devi and others has reiterated that any public appointment has to be in terms of
the Constitutional scheme. However, the Supreme Court in para 44 of the aforesaid judgement dated 10.4.2006
had directed that the Union of India, the State Governments and their instrumentalities should take steps to
regularize as a one time measure the services of such irregularly appointed, who are duly qualified
persons in terms of the statutory recruitment rules for the post and who have worked for ten years or more in
duly sanctioned posts but not under cover of orders of courts or tribunals. The Apex Court has clarified that
if such appointment itself is in infraction of the rules or if it is in violation of the provisions of the
Constitution, illegality cannot be regularized.
[O.M. No.49019/1/2006-Estt(C) dated 11.12.2006]
NOTE: Both the scheme of 1993 and Regularisation in light of Uma Devi Judgement were one time measure
and no other scheme/ instructions have been issued by DoPT other than the above (Paras. B & C) for the
regularisation of Casual labourers.
D. ADDITIONAL BENEFITS TO THE CASUAL LABOURERS WITH TEMPORARY STATUS (CL-TS) IN CONTINUATION OF SCHEME OF
1993.
l.1 The benefit of Transport allowance was extended to casual labourers having temporary status vide DoPT's
O.M. No. a9014/3/97-Estt(C) dated 1.08.1998. Physically handicapped casual labourers having temporary status
were entitled to transport allowance at double the normal rate subject to terms and conditions in M/o
Finance, D/o Expenditure's O.M. No. 19029 /1178-IV dated 31.08.78
[O.M. No.49014/2/2008-Estt(C) dated 04.08.2008]
1.2 It was clarified that the limit on accumulation of total number of days of leave will be 30O days as in
the case of regular Government employees. In other words CLTS can accumulate leave upto a maximum of 300 days
only.
[O.M. No.490/ 4/3/2007 -Estt(c) dated 18. 10.2014
1.3 Paternity leave as admissible to regular Government employees was also extended to the casual labourers
with temporary status and who has less than two surviving children may be granted Paternity leave for a
period of 15 days during the confinement of his wife. During the period of such leave he shall be paid wages
drawn immediately before proceeding on leave.
7.4 Paternity leave was not to be debited against the leave account and could be combined with pro-rata
earned leave admissible to casual employees under Casual Labourers (Grant of Temporary Status and
regularisation) Scheme of Government of India, 1993."
[O.M. No.49014/1/98-EStt(C) dated 01.04.1998]
1.5. Casual employees who have been granted temporary status were entitled to Transport Allowance for
computation of their daily rates of wages.
[O.M. No.49014/3/97-Estt(C), dated 01.04.1998]
2. GPF and pensionary benefits:
2.1 The casual labourers who had been granted temporary status under the scheme, and had completed 3 years of
continuous service after that, were entitled to contribute to the General Provident Fund. It was also decided
that 50% of the service rendered under temporary status would be counted for the purpose of retirement
benefits in respect of those casual labourers who have been regularised in terms of para 8 of the OM dated
10.09.1993. This was applicable to all casual labourers covered under the scheme of 1993 whether they were
regularised before or after 31.12.2003.
2.2. Regarding the modalities of transfer of the amount lying in the NPS account to the GPF account of these
casual labourers, Controller General of Accounts (CGA) have furnished following clarifications:
(i) Adjustment of Employees contribution in Accounts:- Amount may be credited to individual's GPF
Account and the account may be recasted permitting upto-date interest (Authority-FR-16 & Rule 11 of GPF
Rules)
(ii) Adjustment of Government contribution under NPS in Accounts:- To be accounted for as (-) Dr. to
object heads 70-Dedud Recoveries under major Head 2071- Pension and other Retirement benefit Minor Head 911-
Deduct Recoveries of overpayment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts)
(iii) Adjustment of increased value of subscription on account of appreciation of investment- may be
accounted for by crediting the amount to Govt. amount under M.H.0071- Contribution towards Pensions and other
Retirement Benefits 800- Other Receipts (Note under the about Head in LMMHA).
2.3. If the benefits under old pension scheme are to be allowed to a retired employee, who had contributed
towards NPS at any stage, the entire NPS
accumulations i.e. employee's contribution + Government's matching contribution + appreciation thereon should
be remitted into the accredited bank of the PAO concerned.
On the implementation of the recommendations of the 7th Central Pay Commission as per Government of India Notification dated 25th July, 2016,
the Casual labourers with Temporary Status will continue to receive their wages with effect from 01.01.2016
as per provisions of the Casual Labours (Grant of Temporary Status & Regularisation) Scheme, worked out
on the basis of the pay scales of Group 'C' as per Level 1 of the Pay Matrix recommended by the 7th Central
Pay Commission and approved by the Government provided they are matriculate. In case of the similarly placed
non- matriculate Casual Labourers with Temporar5r Status the above benefit of wages w.e.f. 01.01.2016 may he
extended only after imparting the requisite training, by the respective administrative Ministries/
Departments on the lines indicated in the MOF o.M. No. 1/1/2008-IC dated 24.12.2008.
Official Gazette Notification - Ex-servicemen Amendment Rules 2020
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Personnel and Training)
NOTIFICATION
New Delhi, the 13th February, 2020
G.S.R. 116(E).- In exercise of the powers conferred by the proviso to article 309 of the
Constitution, the President hereby makes the following rules further to amend the Ex-servicemen (Re-
employment in Central Civil Services and Posts) Rules, 1979, namely:-
1. Short title and commencement : -
(1) These rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules,
2020.
(2) They shall come into force on the date of its publication in the Official Gazette.
2. In the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, in rule 2, in clause (c) in sub-clause
(ii), the following proviso shall be inserted, namely:-
“Provided that Short Service Commissioned Officers released from service after completing initial terms of
engagement otherwise than by way of dismissal or discharge on account of misconduct or
inefficiency and have been given gratuity shall be eligible to the status of Ex-servicemen;”
F. No. 36034/1/2019-Estt.(Res)]
SUJATACHATURVEDI, Addl. Secy.
Note: The Principal rules were published in the Gazette of India, Part II,
Section 3, Sub-section (ii), vide G.S.R.1530, dated the 15th December, 1979 and subsequently amended as
follows:-
