Lok Sabha Question No. 2623 (UNSTARRED), answered on 2021-03-10
Subject: Benefits to Gramin Dak Sevaks
Ministry: COMMUNICATIONS
Asked by: Pocha Brahmananda Reddy, Sanjay Haribhau Jadhav, Midhun Reddy, Adala Prabhakara Reddy, Krupal Balaji Tumane, Beesetti  Venkata Satyavathi

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF POSTS

## LOK  SABHA UNSTARRED QUESTION NO. 2623 TO BE ANSWERED ON 10 TH  MARCH, 2021

## BENEFITS TO GRAMIN DAK SEVAKS

2623.   SHRI POCHA BRAHMANANDA REDDY:

SHRI SANJAY JADHAV:

SHRI P.V. MIDHUN REDDY:

SHRI ADALA PRABHAKARA REDDY:

SHRI KRUPAL BALAJI TUMANE:

DR. BEESETTI VENKATA SATYAVATHI:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) whether the Gramin Dak Sevaks (GDSs) are getting the benefits of Employees' Provident Fund (EPF) and Employees' State Insurance (ESI) facilities and if so, the details thereof and if not, the reasons therefor;
- (b) the details of all welfare schemes provided to GDSs;
- (c) the reasons for limiting the working hours for GDSs to five hours daily;
- (d) whether the Government is aware that many GDSs work for more than the said working hours  due  to  their  nature  of  work  and  if  so,  the  steps  taken/being  taken  by  the  Government  to compensate for the excess working hours; and
- (e) whether the Government proposes to regularize all 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 Employee 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 Hon'ble Supreme Court has observed that a GDS is not an employee under the Gratuity Act, 1972. Work done by GDS is part time in nature and for this work, they are paid Time Related Continuity Allowance  (TRCA).  In  addition,  it  is  imperative  for  every  GDS  to  have  alternate  means  of livelihood prior to 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 TRCA. It is imperative for every GDS to have alternate means of livelihood before they are considered for engagement.

## (d) No, Sir.

(e) 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  Hon'ble    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 Hon'ble CAT Principle  Bench  Delhi  in  OAs  No.  749/2015,  3540/2015  &  613/2015  filed  by  GDS,  the Hon'ble  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 for 50% of vacancies of Postman cadre and 25% of vacancies of Mail Guard cadre by way of Competitive Examination.
- (3) Unfilled vacancies of Postal Assistants out of the promotion quota are offered to Gramin Dak Sevaks subject to fulfillment of educational qualification, age, etc. and they qualifying successfully 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 th 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.
- (xvi) 180 days maternity leave for the female GDSs.

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## ANNEXURE -I