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.