Tuesday, 26 February 2019

Abolition Of The GDS Conduct & Engagement Rules 2011 ||

Abolition Of The GDS Conduct & Engagement Rules 2011.

Initially there were no seperate specific rules to regulate the Conduct and Discipline for GDS and their issues were decided on the analogy of rules for Whole time employees.
Rules specifically for the GDS were framed and published for the first time in DG P&T Circular No.3 dated 16.04.1935.
GDS were excluded from the, application of CCS (CCA) Rules and consequently from the ambit of the term ‘Central Civil Service, Central Civil Post’ and ‘Government Servant’ defined in the said classification rules vide SRO dated 28.02.1957.
Subsequently the sdid 1935 rules were repealed and P&T Extra Departmental Agents (Conduct& Service) Rules, 1959 were framed in consultation with Ministry of Law in replacement of the then existing rules as Statutory Rules.
At that time , a writ petition No.527/1957 in the matter of V Subbarayalu was filed in Madras High Court which held on 23.08.1960 that ED Agents need not be considered to be holders of civil posts and thus they would not be entitled to Constitutional protection.
Similar judgement was pronounced by Odisha High Court also on this subject. On the badis of these judgements , the Ministry of Law felt that the Statutory rules were framed on the badis of an erroneous conception about the nature of employment of ED Agents and according to these judgements , they were to be treated as non – holders of the civil post and, therefore , not within purview of Article 309& 311 of the Constitution of India.
Ministry of Law advised that non-statutory rules should be framed by repealing the statutory rules. Accordingly , non – statutory rules called ” P&T ED Agents (Conduct&Service) Rules,1964″ were framed & made effective from 10.09.1964.
Then these rules modified as GDS ( Conduct& Employment Rules), 2001.
Finally these rules modified as GDS Conduct &Engagement  Rules,2011 which are un constitutional, illegal and un natural.
So, we have to fight for the abolition of these GDS Conduct & Engagement Rules,2011.
Ch.Laxmi narayana

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