Department
issued clarification on Limited Transfer Facility. 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.
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & IT
DEPARTMENT OF POSTS :: (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 29.03.2012seeking 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 metnod 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 and
Employment) Rules, 2001 & thereafter 2001 rules have also been
replaced by GDS (Conduct & Employment) Rules, 2001 & thereafter
2001 rules have also been replaced by GDS (Conduct and 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 mandatorily required before taking a stand before
the Court of Law.
Sd/-
(Surender Kumar)
Assistant Director General
9GDS/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.
Courtesy : http://ruralpostalemployees.blogspot.in
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