Sunday, December 22, 2013

Supreme court ordered for tranmission of GDS case to Delhi High court.


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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.