All India President - Mr.M.S. Panda .                    General Secy - Debasis Dey.

 Comrades,

Article 309 & 311 of the Constitution(both) are related to Central Government employees.

 GDS Conduct & Engagement Rules, 2011 were not framed under Article 309 of the Constitution of India but under *executive powers (Arbitrary invasion) of Central Government* after approval of the recommendations of the Nataraja Murthy Committee report. Thus these rules are also non statutory in nature.

 Why they are not interested to amend or withdraw the executive resolution?

  Where Part III of the constitution is to provide protection to the freedoms and rights mentioned therein against arbitrary invasion by the State. 

Article 309 of Constitution is controlled by the Doctrine of Pleasure embodied in Article 310. Article 309 make it clear that “Conditions of service whether laid down by the legislature or prescribed by the Rules must conform to the mandatory provisions of the Constitution as laid down in Articles 310,311 and 320 or in Part III of the Constitution.

These Rules should also satisfy such conditions as “EQUAL PAY FOR EQUAL WORK” under Article 39(d).

The power to frame rules under Article 309 includes the power to Amend or Alter the Rules with retrospective effect to the principle, that the benefits acquired the existing rules cannot be taken away by the retrospective effect.(Expressed by Supreme Court in T.K.Kapur v.State of Haryana,1986 Supp.S.C.C. 584) 

   So in the present scenario the Department of Post can’t take away the provision to the GDSs more fairly should allow the GDSs Civil Servant status with provision of statutory pension to the GDSs joined before 2014 and retiring after serving humbly more than 10 Years, on social security to them.

   Otherwise the Fundamental Rights contained in Article 14 ,15,and 16  of the Constitution for the said GDSs in the Country would be forcefully deprived of by the welfare State like Great India.

 At this juncture, Directorate must convince the Govt.of India consulting the departmental legal wing and do favor to 2,70,000 GDS and their families offering Civil Service Status to the GDSs.

Bearing the reformation in mind ADVANCED RURAL POSTAL EMLOYEES UNION is going to celebrate NAV KALEVAR DIWAS ( SANGH STHAPNA DIWAS) at Jagannath Dham Puri, 

Yours truly,

Debasis Dey.

Editorial from the GS's desk................           Date-14-11-17

My dear comrades,

The days are passing by, just listening to the odds(vakwas) of the so called recognized leaders .If they would have some thing to do on the issue of GDSs then GDSs would not be victimized so, facing delay of getting their legitimate due of salary and job condition .The innocent GDSs are exploited both by the employer and the false committing Union Leaderships ."Hum chitthi Likha hey bhai" is their crocodile tear to milch the union fund from the concerned innocent GDSs. Shame to them,who are instigating the GDSs to go for strike again and again on the same issue losing their hard earn for their family.What happens this day ask them .Only one option for the GDSs to follow 'intezaar'. As-if the Govt. is going to pass the budget earlier this year probably on November 2017 our patience is to be kept solaced till then .So may I request my Comrades not to be worried till the Session Budget  of November when our financial expenditure would be passed in the parliament .Because the seventh Pay Commission ignoring the GDSs has fallen in about 13000 crore deficit to the Department,just ignoring the real earning hands of the Postal Department,i.e.GDSs.  

           Who would let make out the fact to the Government ,whether the crowned Union leadership or not ? But they have no time out of attending Divisional /Circle meetings to publish the blog pages with their photos .

               Therefore I invite the real thinkers of the GDSs fraternity to swear to avoid the the traditional Recognized GDSs Union to save the career of GDSs .

        Because the present scenario is not traditional ,but more inventive or renovating "Chitthi likha hey bhai" ,is the old tricks to fool the GDSs. Leave this nonsense trick of Union activity not to cheat the GDSs.     

Yours fraternally,

DEBASIS DEY