Lok Sabha Question No. 582 (UNSTARRED), answered on 2020-09-16
Subject: Gramin Dak Sevaks
Ministry: COMMUNICATIONS
Asked by: Sanjay Sadashivrao Mandlik, Bidyut Baran Mahato, Sudheer Gupta, Shrirang Appa Barne

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF POSTS

## LOK  SABHA UNSTARRED QUESTION NO. 582 TO BE ANSWERED ON 16 TH  SEPTEMBER, 2020

## GRAMIN DAK SEVAKS

582. SHRI SANJAY SADASHIVRAO MANDLIK: SHRI BIDYUT BARAN MAHATO: SHRI SUDHEER GUPTA: SHRI SHRIRANG APPA BARNE:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) whether  Gramin  Dak  Sevaks  (GDSs)  are  getting  benefits  of  Employees'  Provident  Fund (EPF)  and  Employees'  State  Insurance  (ESI)  and  if  so,  the  details  thereof  and  if  not,  the  reasons therefor;
- (b) the details of all welfare schemes being extended to GDSs;
- (c) the reasons for restricting maximum working hours for GDSs to five hours a day;
- (d) whether the Government is aware that many of GDSs exceed the aforesaid working hour limit due to the nature of their work;
- (e) if  so,  the  steps  taken/being  taken  by  the  Government to  compensate for  exceeding  working hours; and
- (f) whether the Government proposes to regularize GDSs and if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE FOR COMMUNICATIONS, EDUCATION AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE)

- (a) No,  Sir.  Department  has  no  regulation  to  cover  the  Gramin  Dak  Sevaks  (GDSs)  under Employees' Provident Fund ( EPF) and Employees' State Insurance ( ESI). The GDSs are holders of a civil post but outside the regular civil service. Hence, they cannot be treated as regular employees . In  a  civil  APPEAL  No.  3050  and  3151  OF  2019  of  Gurusewak  Singh  and  Others  Honourable Supreme Court has observed that a GDS is not an employee under the 1972 Gratuity Act. GDS work is part time in nature and for this work, they are being paid Time Related Continuity Allowance. In addition, it is imperative for every GDS to have alternate means of livelihood for their engagement.
- (b) The  details  of  welfare  schemes  extended  by  the  Government  to  GDSs  are  enclosed  in Annexure -I .

)c( The maximum working hours for GDSs has been restricted to  five hours a day as the  work of GDS is part time in nature and for this work, they are being paid Time Related Continuity Allowance (TRCA). In addition, it is imperative for every GDS to have alternate means of livelihood for their engagement.

- (d) No, Sir .
- (e) Does not arise in view of reply to (d)  above.

)f( No, Sir. The Gramin Dak Sevaks work for a minimum of four hours and maximum five hours a day. This work is part time in nature and for this work, they are being paid Time Related Continuity Allowance. In addition, it is imperative for every GDS to have alternate means of livelihood for their engagement .Moreover, the Honourable Supreme Court in the Judgement pronounced in 1977, held that though the Gramin Dak Sevaks are holders of civil posts, but they are outside the regular civil Service. Recently, in a  common order dated 17.11.2016 of Honourable CAT Principle Bench Delhi in OAs No .749/2015, 3540/2015 & 613/2015 filed by GDS, the Honourable CAT rejected the claim of GDS for parity with regular civil servant.

Promotional Avenues :-

- (1) Gramin  Dak  Sevaks  are  considered  for  absorption  as  multi-tasking  staff  in  50%  of vacancies on seniority cum fitness basis and 25%   by Competitive Examination.
- (2) Gramin Dak Sevaks upto the age of 50 years are considered for recruitment in 50% of vacancies of Postman by Competitive Examination.
- (3) Unfilled  vacancies  of  Postal  Assistants  of  a  promotion  quota  are  offered  to  Gramin Dak Sevaks subject to fulfillment of educational qualification, age, etc. and their being successful in the aptitude test .

## The following welfare schemes are extended by the Government to GDSs:-

- (i) Rs.10,000/-  Financial  Assistance  to  families  of  deceased  GDS  to  meet  immediate  expenses following Death occurring during duty/outside duty hours.
- (ii) Rs.1,50,000/- Death due to terrorist activity /dacoity, while on duty.
- (iii) Rs.12,000/- Financial Assistance in case of death of GDSs due to riots, attack by robbers and terrorists while not on duty.
- (iv) Rs.25,000/- Financial Assistance in case of death of GDS while being on duty due to accident.
- (v) Rs.5,000/ Funeral Expenses  on death of GDS.
- (vi) Rs.20,000/- Financial Assistance in case of major surgical operations in ailments, like cancer, brain hemorrhage, kidney failure/transplant, heart surgery, etc.
- (vii) Rs.5,000/-  Financial  Assistance  in  case  of  accident  of  GDS  while  being  on  duty,  requiring hospitalization for more than three days.
- (viii) Rs.400/-  p.m.  Financial  Assistance  for  Indoor  Treatment  and  Rs.200/-  p.m.  for  Out  Door Treatment  for  nutritional  diet  to  GDS  suffering  from    TB  from  Government  Hospital  only once for a maximum period of six months, provided that GDS has put in at least six years of engagement.
- (ix) Following Grant of Scholarships under Educational Schemes to the Children of GDS (as per existing terms and conditions):-
- (a) Rs.1000/- p.m. For IIT, AIIMS  and IIM.
- (b) Technical Education:- Rs.280/- p.m. for  Degree and Rs.190/- p.m. for Diploma.
- (x) Non  Technical  Degrees:-  Rs.150/-  p.m.  for  BA/B.SC/.B.Com,  Degree  in  fine    Arts  and Rs.940/- p.a. for ITI Certificate Course.
- (xi) Incentive for excellence in academic achievement for 10 th and 12 class:-

Rs.1000/- for 1 st position in the Circle/Region

Rs.800/- for 2 nd position in the Circle/Region

Rs.700/- for 3 rd position in the Circle/Region

Rs.600/- for 4 th position in the Circle/Region

Rs.500/- for 5 th position in the Circle/Region

- (xii) Rs.200/- Scholarship for Physically handicapped children of GDS (for maximum 8 years and as per existing terms and conditions)
- (xiii) Rs.5000/- Financial Assistance in case of natural calamities, like fire, flood etc.
- (xiv) Rs.6000/- per annum Children Education Facilitation Allowance subject to maximum of two children .
- (xv) Rs.20,000/- Financial Assistance in case of GDS employees suffering from COVID-19.

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