NATIONAL FEDERATION OF POSTAL EMPLOYEES
ALL INDIA POSTAL EMPLOYEES UNION GDS (NFPE)
FLASH!
FLASH!! FLASH!!!
FIRST MILESTONE ON legal fight for GDS DEPARTMENTALISATION
Hon’ble Supreme Court
of India has ordered the Delhi High Court to decide the prayer of NFPE &
AIPEU-GDS (NFPE) in writ petition No. 1003 of 2013 to treat the three lakhs
Gramin Dak Sevaks as civil servants for all purposes at par with other regular
employees as per 1977 SC Judgment & to quash the GDS (Conduct &
Engagement) Rules 2011.
This is a TURNING POINT IN THE HISTORY OF GDS
NFPE & AIPEU-GDS
(NFPE) DID IT
FINAL LEGAL BATTLE HAS BEGUN
We shall fight for GDS both legally and
organizationally
Join AIPEU-GDS (NFPE)
and strengthen further the fight for the cause of GDS. Nobody can break the
unity among NFPE & GDS. Isolate and expose those renegades who betrayed GDS
and joined anti-NFPE camp and tried to break the unity between GDS & NFPE.
Participation of more than 10000 GDS in the GDS (NFPE) Parliament March proved
that we are already recognised by the GDS Employees all over India.
Donate Liberally to NFPE Legal Expense Fund
The National Federation
of Postal Employees and the All India Postal Employees Union (Gramin Dak
Sevaks) had approached Hon'ble Supreme Court of India by way of filing Writ
Petition (C) No.1003 of 2013. There were two basic prayers apart from the
consequential prayers in the Writ Petition. These prayers are:-
“(i) that
a direction be issued to the Respondent to treat
the Gramin Dak Sevaks as Civil Servants for all purposes at
par with the other regular members of the civil services and regular employees
in relation to all service matters including the pension and all retiral
benefits, and
(ii) the
Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules,
2011 be declared invalid and unconstitutional.”
The matter was heard at
some length on 13.12.2013 in Court No.2 as Item No.8 before a Bench comprising
of Hon'ble Mr. Justice R.M. Lodha & Hon'ble Mr. Justice Shiva Kirti
Singh. The Federation and the Union were represented before the Hon'ble
Supreme Court by Shri M.R. Calla, Senior Advocate [Former Judge of Rajasthan
High Court & Gujarat High Court] along with Shri Uday Gupta, Advocate.
Their Lordships were of the view that the issues raised in the Writ Petition
are of importance and keeping in mind the fact that about 3 lakhs persons are
serving as Extra Departmental Agents (Gramin Dak Sevaks) and are posted at
various places in the Country, the issues raised can be considered by Hon'ble
Delhi High Court and this would also avoid multiplicity of legal proceedings.
Hon'ble Supreme Court
vide its Order dated 13.12.2013 directed as under :-
(i) That Writ Petition (C) No.1003/2013 be
transferred to Hon'ble Delhi High Court for consideration;
(ii) That Registry of Hon'ble Supreme Court to
transmit the entire record and proceedings to Hon'ble Delhi High Court;
(iii) That Registry of Hon'ble Delhi High Court to
register the Writ Petition under Article 226 of the Constitution of India and
proceed with the matter.
See Order below:
ITEM
NO.8
COURT
NO.2
SECTION X
S U P R E M
E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL)
NO(s). 1003 OF 2013
NATIONAL FED. OF POSTAL EMP. &
ANR
Petitioner(s)
VERSUS
UNION OF
INDIA
Respondent(s)
(With office report )
[FOR PREL. HEARING]
Date: 13/12/2013 This Petition was called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE R.M. LODHA
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
For Petitioner(s)
Mr. M.R. Calla, Sr. Adv.
Mr. Uday Gupta,
Adv.
Ms. Shivani M.
Lal, Adv.
Mr. M.K. Tripathi,
Adv.
Ms. Pratiksha
Sharma, Adv.
Mr. Ankit
Achariya, Adv.
Mr.
Mohan Pandey,Adv.
For Respondent(s)
UPON hearing counsel the Court made the
following
O R D E R
Writ Petition is disposed of in terms of the signed order.
(Rajesh
Dham)
(Sneh Lata
Sharma)
Court
Master
Court Master
(signed order is
placed on the file)
IN THE SUPREME COURT
OF INDIA
CIVIL ORIGINAL
JURISDICTION
WRIT PETITION (CIVIL)
NO. 1003 OF 2013
NATIONAL FED. OF POSTAL EMP. & ANR.
Petitioner(s)
VERSUS
UNION OF
INDIA
Respondent(s)
O R
D E R
This is a Writ Petition filed under Article 32
of the Constitution of India by the
National Federation of Postal Employees and All India Postal Employees
Union GDS (NEPE). The principal prayers in the Writ Petition are, (one) that
a direction be issued to the respondent to treat
the Gramin Dak Sevaks as Civil Servants for all purposes at
par with the other regular members of the civil services and regular employees
in relation to all service matters including the pension and all retiral
benefits, and (two) the Department of Posts, Gramin Dak Sevaks
(Conduct and Engagement) Rules, 2011 be declared invalid and unconstitutional.
2.
Having regard to the controversy raised in
the matter, we are satisfied that the grievance of the petitioners can be
adequately considered by the High Court under Article 226 of the
Constitution of India.
3.
Since about three lakh persons serving as Extra
Departmental Agents (Dak Sevaks) are concerned
about the subject matter and they are spread all over the country, we are
satisfied that to avoid multiplicity of proceedings in
different High Courts, it would be appropriate that the
matter is considered by one High Court.
4.
We, accordingly, transfer this Writ
Petition to the Delhi High Court for consideration.
5.
The Registry shall transmit the record and
proceedings of the Writ Petition to the Delhi High Court.
6.
Upon receipt of the record
and proceedings of the Writ Petition, the Registry of the Delhi High
Court shall register the Writ Petition and proceed with the matter accordingly.
7.
So far as this Court is concerned, Writ Petition
stands disposed of.
......................J.
( R.M. LODHA )
......................J.
( SHIVA KIRTI
SINGH )
NEW DELHI;
DECEMBER 13, 2013
Donate Liberally to NFPE Legal Expense Fund
To
1) All General/Circle/Divisional Secretaries of
NFPE affiliated unions
2) All Members & Well wishers of NFPE
Dear Comrades,
As you are aware for
filing a writ petition in the Hon’ble Supreme Court and also to conduct the
case in the Delhi High Court, a huge amount is required. NFPE’s financial
position is not sound. We request all the General/Circle/Divisional Secretaries
of NFPE & AIPEU GDS (NFPE) and also rank and file members and well-wishers
to donate liberally towards Court Case Expenses Fund. The amount may be
remitted to the following address.
SECRETARY
GENERAL/FINANCE SECRETARY
National Federation of
Postal Employees (NFPE)
1st Floor,
North Avenue Post office Building
NEW DELHI – 110001
Donation of Rs. 500/- and above will be published
in the “Postal Crusader” with Name/Division/Circle
With fraternal greetings,
(M. Krishnan)
(P. Pandurangarao)
Secretary General
General
Secretary
NFPE
AIPEU-GDS (NFPE)
Mob: 09447068125
Mob: 09849466595
E-mail:
mkrishnan6854@gmail.com
E-mail: aipeugdsnfpe@gmail.com
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