om:43-cl-2018-apr — The Applicant, herein, working as Gramin Dak Sevak (GDS MD), Meempara was placed under put-off duty by the Inspector of Post Offices, Tripunithura sub-division, R-5 herein which order was not confirmed by the Superior Authority of R-5 as per sub-rule (2) of Rule 12 of Gramin Dak Sevak (GDS) (Conduct and Engagement), Rules, 2011. Hence the put-off duty order being null and void, the Applicant is deemed to be on duty from the date of his put-off duty and hence eligible for rem

GDS Rules

The Applicant, herein, working as Gramin Dak Sevak (GDS MD), Meempara was placed under put-off duty by the Inspector of Post Offices, Tripunithura sub-division, R-5 herein which order was not confirmed by the Superior Authority of R-5 as per sub-rule (2) of Rule 12 of Gramin Dak Sevak (GDS) (Conduct and Engagement), Rules, 2011. Hence the put-off duty order being null and void, the Applicant is deemed to be on duty from the date of his put-off duty and hence eligible for remuneration as GDS MD from the date of put-off duty — The context provided refers to a legal case where an employee (Applicant) contests his put-off duty order, arguing that it was not confirmed or cancelled by the appropriate authority within the stipu... — Facts: Applicant, herein, "a Gramin Dak Sevak Mail Driver (GDS MD)" Meempara was put-off duty with effect from 7-4-2016 (A-1). Hence he filed this OA aggrieved by his putting-off duty. He also complains of non-payment of "ex gratia" regularly. He was issued with charge-memo (A-4) on 13-1-2017. The relief asked for by him are to quash A-1, A-13 and A-16 and reinstate him in service with all monetary benefits with 12% interest. Alternatively to declare Rule 12
(d) of the Gramin Dak Sevak (Conduct and Engagement) Rules is ultra vires to Articles 14, 16 and 21 of Constitution of India to the extent it limits the payment due to GDS on put-off duty as 25% of their pay. Further, a direction to Respondents to pay the Applicant at the rate of 50% of his pay with effect from the date of his put-off duty with arrears. The Respondents submit that he was put-off duty due to delay of delivery and non-delivery of articles from Meempara Branch Office. Enquiry was ordered nominating Inspector of Posts, Tripunithura subdivision to avoid any complaint. As his put-off duty had reached 6 months, PMG of Central Region was asked to extend his put-off duty period and by the last review the put-off duty was extended with effect from 1-7-2017. He is paid ex gratia equivalent to 25% of the TRCA with DA admissible with effect from 7-4-2016. His reinstatement could not be considered due to pending disciplinary proceedings. Tribunal heard both sides and perused the file bearing Nos. Cpt/682100-18605/2016 and other relevant files. Rule 12 - "put-off duty" of GDS is reproduced. Sub-rule (2) of Rule 12 reads as below:- "An order made by Inspector of Post Offices or the Assistant Superintendent of Post Offices, as the case may be, of the sub-division under sub-rule (1) (above) shall cease to be effective on expiry of fifteen days from the date of such order unless earlier confirmed or cancelled by the Recruiting Authority or the authority to which the Recruiting Authority is subordinate". The Applicant pleads that the above rule is not complied with as the Applicant was put-off duty by Inspector of Posts, Tripunithura Sub-division (R-5) and hence by Rule 12 (2) the put-off shall cease to be effective on the expiry of 15 days from the date of such order unless it is confirmed earlier or cancelled by the recruiting authority to which the recruiting authority is subordinate. The Applicant in his affidavit in Paras. 7 and 8 stated his response to the contention of the Respondents. His contention in the above para. is non-confirmation of put-off duty or its cancellation by Recruiting Authority or the authority to which Recruiting Authority is subordinate within 15 days from the date of such orders. The controversy hence in this case is whether sub-rule (2) of Rule 12 is applicable in the case or not. "Sub-rule (1) of Rule 12 shows that if the order of put-off duty was passed by Inspector of Post Offices or Assistant Superintendent of Post Offices, it shall cease to be effective on expiry of 15 days unless it is confirmed or cancelled by the recruiting authority or the authority to which the recruiting authority is subordinate. Authority for recruiting GDS MD is Inspector of Post Offices. Hence as per sub-rule (2) of Rule 12, an order of put-off duty made by Inspector of Post Offices has to be confirmed by the recruiting authority or the authority to which the recruiting authority is subordinate. R-5 who passed the order of put-off duty of the Applicant has to be confirmed or cancelled before the expiry of 15 days from the date of such order by an authority to which R-5 is subordinate". By virtue of special nature of engagement, functioning, remuneration, etc., GDS are not civil servants. Sub-rule (2) of Rule 12 is a unique provision for GDS. They are controlled and supervised by a plurality of regular civil servants of the department, often not adhering to the strict order of hierarchy. Put-off duty can be equated to suspension of regular civil servant under CCS (CCA) Rules. CCS (CCA) Rule, even though not applicable to GDS, principles evolved in service jurisprudence can be adopted in GDS cases. In the case of Union of India v. Deepak Malik [ 2010 (2) SCC 222 ], it was held that review of suspension is invalid if the suspension is not extended within 90 days of suspension. Suspension of an employee is injurious to the interest of an employee and should not be continued for unreasonably long period as held in the case of O.P. Gupta v. Union of India [ 1987 (4) SCC 328 ]. It was reminded once again in the case of Ajay Kumar Choudhary v. Union of India and another [ Civil Appeal No. 1912 of 2015 ] of the Apex Court. Paras. 8 and 9 of that judgment is reproduced for clarity.

GDS Rules

The Applicant, herein, working as Gramin Dak Sevak (GDS MD), Meempara was placed under put-off duty by the Inspector of Post Offices, Tripunithura sub-division, R-5 herein which order was not confirmed by the Superior Authority of R-5 as per sub-rule (2) of Rule 12 of Gramin Dak Sevak (GDS) (Conduct and Engagement), Rules, 2011. Hence the put-off duty order being null and void, the Applicant is deemed to be on duty from the date of his put-off duty and hence eligible for remuneration as GDS MD from the date of put-off duty — The context provided refers to a legal case where an employee (Applicant) contests his put-off duty order, arguing that it was not confirmed or cancelled by the appropriate authority within the stipu... — Facts: Applicant, herein, "a Gramin Dak Sevak Mail Driver (GDS MD)" Meempara was put-off duty with effect from 7-4-2016 (A-1). Hence he filed this OA aggrieved by his putting-off duty. He also complains of non-payment of "ex gratia" regularly. He was issued with charge-memo (A-4) on 13-1-2017. The relief asked for by him are to quash A-1, A-13 and A-16 and reinstate him in service with all monetary benefits with 12% interest. Alternatively to declare Rule 12
(d) of the Gramin Dak Sevak (Conduct and Engagement) Rules is ultra vires to Articles 14, 16 and 21 of Constitution of India to the extent it limits the payment due to GDS on put-off duty as 25% of their pay. Further, a direction to Respondents to pay the Applicant at the rate of 50% of his pay with effect from the date of his put-off duty with arrears. The Respondents submit that he was put-off duty due to delay of delivery and non-delivery of articles from Meempara Branch Office. Enquiry was ordered nominating Inspector of Posts, Tripunithura subdivision to avoid any complaint. As his put-off duty had reached 6 months, PMG of Central Region was asked to extend his put-off duty period and by the last review the put-off duty was extended with effect from 1-7-2017. He is paid ex gratia equivalent to 25% of the TRCA with DA admissible with effect from 7-4-2016. His reinstatement could not be considered due to pending disciplinary proceedings. Tribunal heard both sides and perused the file bearing Nos. Cpt/682100-18605/2016 and other relevant files. Rule 12 - "put-off duty" of GDS is reproduced. Sub-rule (2) of Rule 12 reads as below:- "An order made by Inspector of Post Offices or the Assistant Superintendent of Post Offices, as the case may be, of the sub-division under sub-rule (1) (above) shall cease to be effective on expiry of fifteen days from the date of such order unless earlier confirmed or cancelled by the Recruiting Authority or the authority to which the Recruiting Authority is subordinate". The Applicant pleads that the above rule is not complied with as the Applicant was put-off duty by Inspector of Posts, Tripunithura Sub-division (R-5) and hence by Rule 12 (2) the put-off shall cease to be effective on the expiry of 15 days from the date of such order unless it is confirmed earlier or cancelled by the recruiting authority to which the recruiting authority is subordinate. The Applicant in his affidavit in Paras. 7 and 8 stated his response to the contention of the Respondents. His contention in the above para. is non-confirmation of put-off duty or its cancellation by Recruiting Authority or the authority to which Recruiting Authority is subordinate within 15 days from the date of such orders. The controversy hence in this case is whether sub-rule (2) of Rule 12 is applicable in the case or not. "Sub-rule (1) of Rule 12 shows that if the order of put-off duty was passed by Inspector of Post Offices or Assistant Superintendent of Post Offices, it shall cease to be effective on expiry of 15 days unless it is confirmed or cancelled by the recruiting authority or the authority to which the recruiting authority is subordinate. Authority for recruiting GDS MD is Inspector of Post Offices. Hence as per sub-rule (2) of Rule 12, an order of put-off duty made by Inspector of Post Offices has to be confirmed by the recruiting authority or the authority to which the recruiting authority is subordinate. R-5 who passed the order of put-off duty of the Applicant has to be confirmed or cancelled before the expiry of 15 days from the date of such order by an authority to which R-5 is subordinate". By virtue of special nature of engagement, functioning, remuneration, etc., GDS are not civil servants. Sub-rule (2) of Rule 12 is a unique provision for GDS. They are controlled and supervised by a plurality of regular civil servants of the department, often not adhering to the strict order of hierarchy. Put-off duty can be equated to suspension of regular civil servant under CCS (CCA) Rules. CCS (CCA) Rule, even though not applicable to GDS, principles evolved in service jurisprudence can be adopted in GDS cases. In the case of Union of India v. Deepak Malik [ 2010 (2) SCC 222 ], it was held that review of suspension is invalid if the suspension is not extended within 90 days of suspension. Suspension of an employee is injurious to the interest of an employee and should not be continued for unreasonably long period as held in the case of O.P. Gupta v. Union of India [ 1987 (4) SCC 328 ]. It was reminded once again in the case of Ajay Kumar Choudhary v. Union of India and another [ Civil Appeal No. 1912 of 2015 ] of the Apex Court. Paras. 8 and 9 of that judgment is reproduced for clarity.

Original Rule Text

Original Rule Text