First Milestone On Legal Fight For GDS Departmentalisation
NFPE claimed that its legal fight over GDS Departmentalisation in the court of law has been won. It states that it is a First Milestone On Legal Fight For GDS Departmentalisation. The content of the article posted in its blog is given below
Hon’ble Supreme Court of India has ordered the Delhi High Court to decide the prayer of NFPE & AIPEU-GDS (NFPE) in writ petition No. 1003 of 2013 to treat the three lakhs Gramin Dak Sevaks as civil servantsfor all purposes at par with other regular employees as per 1977 SC Judgment & to quash the GDS (Conduct & Engagement) Rules 2011.
THIS IS A TURNING POINT IN THE HISTORY OF GDS
NFPE & AIPEU-GDS (NFPE) DID IT
FINAL LEGAL BATTLE HAS BEGUN
We shall fight for GDS both legally and organizationally
Join AIPEU-GDS (NFPE) and strengthen further the fight for the cause of GDS. Nobody can break the unity among NFPE & GDS. Isolate and expose those renegades who betrayed GDS and joined anti-NFPE camp and tried to break the unity between GDS & NFPE. Participation of more than 10000 GDS in the GDS (NFPE) Parliament March proved that we are already recognised by the GDS Employees all over India.
Donate Liberally to NFPE Legal Expense Fund
The National Federation of Postal Employees and the All India Postal Employees Union (Gramin Dak Sevaks) had approached Hon’ble Supreme Court of India by way of filing Writ Petition (C) No.1003 of 2013. There were two basic prayers apart from the consequential prayers in the Writ Petition. These prayers are:-
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“(i) that a direction be issued to the Respondent to treat the Gramin Dak Sevaks as Civil Servants for all purposes at par with the other regular members of the civil services and regular employees in relation to all service matters including the pension and all retiral benefits, and
(ii) the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 be declared invalid and unconstitutional.”
The matter was heard at some length on 13.12.2013 in Court No.2 as Item No.8 before a Bench comprising of Hon’ble Mr. Justice R.M. Lodha & Hon’ble Mr. Justice Shiva Kirti Singh. The Federation and the Union were represented before the Hon’ble Supreme Court by Shri M.R. Calla, Senior Advocate [Former Judge of Rajasthan High Court & Gujarat High Court] along with Shri Uday Gupta, Advocate. Their Lordships were of the view that the issues raised in the Writ Petition are of importance and keeping in mind the fact that about 3 lakhs persons are serving as Extra Departmental Agents (Gramin Dak Sevaks) and are posted at various places in the Country, the issues raised can be considered by Hon’ble Delhi High Court and this would also avoid multiplicity of legal proceedings.
Hon’ble Supreme Court vide its Order dated 13.12.2013 directed as under :-
(i) That Writ Petition (C) No.1003/2013 be transferred to Hon’ble Delhi High Court for consideration;
(ii) That Registry of Hon’ble Supreme Court to transmit the entire record and proceedings to Hon’ble Delhi High Court;
(iii) That Registry of Hon’ble Delhi High Court to register the Writ Petition under Article 226 of the Constitution of India and proceed with the matter.