ups_00417 — When rules provide for payment of a part of TRCA while a GDS is on put-off duty, applying the principle of “no work no pay” for period of put-off duty is illegal and unjust

When rules provide for payment of a part of TRCA while a GDS is on put-off duty, applying the principle of “no work no pay” for period of put-off duty is illegal and unjust — The provided chunk pertains to rules regarding compensation for GDS (Grameen Dak Sewaks) during put-off duty, specifically addressing scenarios where the period of put-off duty has been prolonged due... — Facts:The Applicant was imposed with a put-off duty vide Order, dated 11-5-2012 in contemplation with a disciplinary proceedings and subsequently he was charge-sheeted on 12-4-2013. In the departmental proceedings, vide Order, dated 28-6-2015, he was imposed with a punishment of debarring from appearing in recruitment examination for the post of Postman and / or from being considered for recruitment of Postal Assistant for a period of three years from the date of issuance of this order and the period of put-off duty is treated as ‘no work no pay'. Being aggrieved with, he has filed an appeal before the Appellate Authority, which was dismissed. Hence, this instant O.A. According to the Applicant, the order of treating the put-off duty ‘no work no pay' is against the statutory provisions of Rule 12 (1) of the GDS (Conduct and Employment) Rules 2001. As the Applicant is not at fault in not performing his work due to such put-off duty, thus the action of the Respondents is in violation of the above-mentioned Rules. In their counter, the Respondents have stated that since in the disciplinary proceedings, the charge was proved, the Applicant was properly punished by the Disciplinary Authority, which was affirmed by the Appellate Authority. The only issue involved in this case is, whether the Respondents have violated the rules relating to treating put-off duty treating the same as “no work no pay” we only deal with the issue of treating the ‘put off duty' as ‘no work no pay'. The relevant Rule 12(3) of the GDS (Conduct and Engagement) Rules stipulates inter alia. “(3) A Sevak shall be entitled to an amount of compensation as ex gratia payment equal to 25% of his / her Time Related Continuity Allowance together with admissible Dearness Allowance per month for the period of put off duty.

Provided that where the period of put-off duty exceeds 90 days, the Engaging Authority or the authority to which the Engaging Authority or any other authority empowered in this behalf, as the case may be, who made the order of put duty shall be competent to vary the amount of compensation for any period subsequent to the period of first 90 days as follows:-

(i) The amount of compensation as ex gratia payment may be increased by a suitable amount, not exceeding 50% of such compensation admissible during the period of the first 90 days, if in the opinion of the said authority the period of put-off duty has been prolonged, for reasons to be recorded in writing, not directly attributable to the Sevak.

(ii) The amount of compensation as ex gratia payment may be reduced by a suitable amount not exceeding 50% of such of the said authority, the period of put-off duty has been prolonged due to reasons to be recorded in writing directly attributable to the Sevak.

Note 1.— The rate of Dearness Allowance will be based on the increased or decreased amount of compensation admissible under sub-clauses

(i) and

(ii) above.

Note 2.— The payment of compensation for the put-off duty period shall not be subject to furnishing of a certificate that the Sevak is not engaged in any other employment, business, profession or vocation;

Provided that a Sevak who has been absconding or remains absent unauthorized and is subsequently put off duty shall not be entitled to any compensations as ex gratia payment; Provided further that in the event of departmental proceedings initiated against a GDS (who was placed under put-off duty) for imposition of major penalty finally ends with the imposition of a minor penalty, the Sevak concerned should, be paid full Time Related Continuity Allowance and allowances for the period of put-off duty.”