Payment of arrears to the substitutes of Gramin Dak Sevaks who worked in leave vacancies from 01-01-2006 to 09-10-2009.Ref :No.6-1/2009-PE.I, Dated : 30-05-2012
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & IT
DEPARTMENT OF POSTS
(ESTABLISHMENT DIVISION)
Dak Bhawan,
Parliament Street
No.6-1/2009-PE.I Dated : 30-05-2012
All Chief Postmasters General
All Postmasters General
Sub:-
Payment of arrears to the substitutes of Gramin Dak Sevaks who worked in leave vacancies from 01-01-2006 to 09-10-2009.Consequent
upon the implementation of One Man Committee recommendations, the
matter regarding payment of arrears to the substitutes of Gramin Dak
Sevaks who worked in leave vacancies from 01-01-2006 has been reviewed.
2.
It has now been decided that the arrears of allowances of the
substitutes of Gamin Dak Sevaks who worked in leave vacancies from
01-01-2006 to 09-10-2009 may be paid on the basis of minimum of TRCA.
3.
The amount of arrears admissible as per extent rules may be paid to the
genuine substitute. There should not be any double payment. Before
making payment, the DDo or paying authority should take very precaution
in this regard.
4. Necessary provision in budget should be made
at appropriate stage and availability of funds will have to be ensured
before incurring the proposed expenditure.
5. The actual expenditure incurred may be informed to this office immediately after payment of arrears.
6. This issues with the concurrence of Internal Finance Advice (Postal) vide their Dy. No.150/FA/12/CS dated 30-05-2012.
Sd.x.x.x
(SURENDER KUMAR)
Asst. Director General (Establishment)
Copy to :-
(1) Director, RAK NPA, Ghaziabad.
(2) All Postal Accounts Office
(3) All Directors, Postal Training Centres
(4) All Recognized Unions/Associations/Federations
(5) Guard File.
Ref : .No.17-115/2001 - GDS, dated 21-10-2002 (copy of the order)
No.17-115/2001 - GDS
Government of India
Ministry of Communications & IT
Department of Posts
Dak Bhawan
Sansad Marg
New Delhi – 110 001
Dated : October 21, 2002
To
All Principle / Chief Postmasters General
All Postmasters General
Director, Postal Staff College, Ghaziabad
Directors, All Postal Training Centres
All Directors, Dy. Directors of Accounts (Postal)
Addl. Director General, APS, Army Head Quarters, R.K.Puram, New Delhi
Sub:-
Guidelines for regulating substitute / provisional arrangements made in place of regular Gramin Dak Sevaks.Sir,
References
are received from Circles for regularizing the employment of
substitutes provided by regular GDSs during their periods of
leave/absence on the ground that they have been functioning in that
capacity “for a longer period”. A number of cases also stand filed in
the Tribunals and Courts on this issue. Apparently instructions issued
from time to time are not followed rationally by competent authorities
in allowing substitutes to continue indefinitely or for long periods.
2.
In this context, I am directed to draw your attention to the DG
(Posts)’s instructions given below Rule 5 of the P&T ED agents
(Conduct & Services) Rules, 1964 corresponding to Rule 7 of the
Gramin Dak Sevaks (Conduct& Employment) Rules, 2001 which, inter
alia, stipulate the following.
“During leave, every GDS should
arrange for his work being carried on by a substitute who should be a
person approved by the authority competent to sanction leave to him.
Such approval should be obtained in writing” and that:
“It is
necessary for the appointing authority to ensure that such a substitute
is not allowed to work indefinitely. If the absence from duty of the
regular GDS likely to last indefinitely, the appointing authority should
take immediate steps to make appointment and the person so appointed
need not necessarily be the substitute.
3. Instructions issued
vide, this office letter No. 18-37/92-ED & TRG, dated 25/11 enjoined
all Divisional Heads to ensure that long leave beyond 180 days is not
granted to GDS as a matter of routine to avoid substitutes continuing in
place of regular incumbents for long periods.
4. Subsequently,
vide letter No. 19-6/2000-ED & TRG, dated 29-12-2000, the decision
of the large bench of CAT Bangalore on the issue of whether weightage
should be given to persons who have rendered past employment on
provisional basis or in the capacity of substitute or GDS, was
circulated. Recently, vide letter dated 19.02.2002 the judgment of the
larger bench of CAT Bangalore mentioned above, has also been circulated.
The said judgment clearly reiterates the position that the substitutes
have not legal right as far as regularization in the Department is
concerned. It also takes note that the Department’s Recruitment Rules
for Gramin Dak Sevaks do not provide for recognization of past service
that may have been rendered by them against any post.
5. In the
case of Deviks Guha v/s Union of India, the Supreme Court has also not
recognized the right of the substitutes for regularization. On the other
hand the Apex court has maintained that substitutes have no legal claim
in the basis of having worked continuously and if there are cases where
the substitutes have worked for a “longer period” it is for the
Department to consider the same as to whether there was a proper case
for absorption or not, and pass appropriate orders.
6. The
matter has been examined in consultation with Ministry of Law. Since the
Apex Court has hold that substitutes have not legal claim there can be
no definition of the term “longer period” as absorption of substitutes
per se on regular vacancies without following prescribed procedures of
recruitment could lead to nepotism.
7. Thus, it has become
necessary to review and reiterate the existing guidelines relating to
“substitute” arrangement of GDSs. This would also involve clarification
of the status of the substitute, who is provided at the risk and
responsibility of the regular incumbent, vis-a-vis provisional
appointees, who are appointed by the Department to meet an interim need.
8.
As per extent orders, a regular GDS is required to provide a substitute
at his own risk and responsibility but subject to approved by the
appointing authority. Hence it is the duty of the appointing authority
to ensure that any ineligible person is not approved as a substitute and
any “substitute” arrangement is not allowed to continue for long
periods. Accordingly, the following guidelines may inevitably be kept in
view while dealing with matters relating to “substitute arrangements”
or their continuance”.
(i) Before resorting of substitute arrangement the following options may be explored:
(a)
In case of short-term arrangements, as far as possible, work will be
managed, by combining duties and “substitutes” will not be provided in
leave arrangements. In single handed BOs, the work shall be managed by
giving combined duty to GDS Mail Deliver/Mail Carrier (Gramin Dak
Vitaraka/Vahak) of the neighbouring BO/SO in whose beat the BO falls.
(b)
Even in long term arrangements, the combination of duties as in a)
above will restricted to; substitutes will be allowed only if work load
of the BO as well as its financial position justifies which engagement
or filling of the post on regular basis.
(c) In towns and cities,
where departmental officials are also available in the same office, the
possibility of managing the work by regular staff by combination of
duties or by grant of OTA beyond normal working hours may be explored.
(ii) If substitute arrangement is found to be unavoidable then it should be ensured that
(a)
No substitute will be allowed to take over charge unless the competent
leave-sanctioning/appointing authority is fully satisfied that the
substitute possesses all the qualification prescribed for that
appointment and has been provided under the risk and responsibility of
the regular incumbent.
(b) Drawing& Disbursing authorities
shall not draw allowance of a substitute unless the claim is accompanied
by a certificate from the competent authority about the possession of
requisite qualification by the substitutes and their approval for making
continuing the arrangement.
(c) Continuation of substitute
arrangements beyond 180 days at a stretch may only be allowed by the
authority next higher to the appointing authority and only in
exceptional cases where action has been initiated for regular
appointment, if justified by work load and financial norms.
(d)
No substitute arrangement shall continue beyond one year. Hence
regular/alternative arrangements must be made during the period beyond
180 days to ensure this. If for any unavoidable reasons a substitute
arrangement is required to be continued beyond one year, specific
approval of the Head of Circle will be necessary for reasons to be
recorded by the concerned authority.
9. In
the case of provisional appointments, it is clarified that such
appointment should be resorted to only in case where the GDS is unable,
quite unexpectedly, to undertake his duties due to his own action
(unauthorized absence, fraud, misappropriation etc.). Due to
circumstances beyond his control like sudden serious
illness/accident/death or because the department does not want him/her
to continue (due to reasons of misconduct/dismissal/removal/put off duty
etc.) in all other cases, action should be taken well in advance to
fill the post on a regular basis. Even where the post falls vacant
unexpectedly, efforts should be made to manage the work through
combination of duties as spelt out in Para 8 (i) (a) & (c).
Similarly even in case of long term deputation of GDS to APS, action may
be taken to full up the post on regular basis and the GDS, on return
from deputation may be suitably adjusted against vacancies in existence
at that given time.
10. Where provisional appointment
becomes unavoidable, action may be initiated to all the posts following
all the formalities prescribed for regular appointment, but clearly
stipulating that the appointment is on a provisional basis. On no
account should a provisional appointment be made without following every
formality that is prescribed for regular appointment. Since the whole
process will take a period not exceeding 60-90 days, stop gap
arrangement may preferably made at the local level in the interim
through combination of duties or by allowing the GDS from a neighbouring
office to function, or by deploying a Mail Overseer to look after the
work. Under no circumstances should such local arrangement exceed 90
days, approval of the next higher authority is to be taken on a one time
basis for reasons to be recorded in writing.11. In
cases where the incumbent dies in harness there is no objection to a
dependent being allowed to function on interim basis provided the
dependent fulfills the qualification/relaxed qualification applicable
for post fallen vacant? This may only be resorted to if arrangement by
combination of duties is not feasible. However, in such case also such
interim appointment should not exceed one year and every effort should
be made to take a final view within that time frame. It also needs to be
clearly stipulated that such provisional appointment does not entitle
the dependent to claim for the post unless his/her case for
compassionate appointment is approved by the Circle Relaxation
Committee.
12. The extent provisions provide for a provisional
appointee to be placed on a waiting list for being considered for a
regular appointment after he/she has completed three years of continuous
employment. To avoid prolongation of such provisional appointments,
approval of the next higher authority should be taken in respect of all
provisional appointment exceeding 180 and where the period exceeds one
year express approval of the Head of the Region/circle, as the case may
be, would be necessary. Where the regular incumbent is not reinstated,
immediate action must be taken to regularize the regularly selected
provisional appointee against the said post without resorting to fresh
recruitment.
13. The above instructions may kindly be brought to
the notice of all appointing authorities of GDSs for strict compliance.
Any violation of the above instructions will be viewed seriously and
action would be required to be taken against officials who allow
substitute/provisional arrangements to continue beyond the prescribed
limits in contravention of the above instruction.
14. If any
previous instructions on the issues of ‘substitute’ and‘provisional
appointment’ are found contrary to these provisions, the same will stand
superseded by the latter.
15. Receipt of this letter may please be acknowledged to the undersigned.
16. Hindi version is enclosed.
Yours faithfully,
Sd.x.x.x
(Anad Prakash)
Assistant Director General (GDS)
Copy to :
(i) SPB I/SPB II/Vig./Vig. Petition/PAP/PE I/PE II sections of the Directorate.
(ii) All Recognized Unions / Federations
(iii) DDG (PAF) / PA Wing / DDG (M&TS)
(iv) All Dealing Assistants in the GDS section
(v) Spare / Guard file.
Source: http://aipeup3kjr.blogspot.in/2013/08/payment-of-arrears-to-substitutes-of.html
