Government says they are not Government employee.
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY
LOK SABHA
UNSTARRED QUESTION NO 490
ANSWERED ON 14.07.2014
GRAMIN DAK SEWAKS
490 . Shri RAM TAHAL CHOUDHARY
Will the Minister of COMMUNICATIONS AND INFORMATION TECHNOLOGY be pleased to state:-
(c) the corrective steps taken/being taken by the Government in this regard?
ANSWER
THE MINISTER OF COMMUNICATIONS AND INFORMATION TECHNOLOGY & LAW AND JUSTICE(SHRI RAVI SHANKAR PRASAD)
(b) Gramin Dak Sevaks are not regular govt. employees. They are part time workers and are governed by a separate set of Conduct and Engagement Rules. They do not form part of theregular civil service. They are engaged for only 3-5 hours daily work. It is mandatory for them to have an independent source of livelihood before being engaged as Gramin Dak Sewak. Hon’ble Supreme Court in the case of Union of India and Others vs. Kameshwar Prasad 1998 SCC (L&S) page 447 held that P&T Extra Departmental Agent (C&S) Rules, 1964 are a complete code governing service, conduct and disciplinary proceedings against Extra Departmental Agents [now called Gramin Dak Sevaks]. On discharge from service on attaining the age of 65 years or on death, Gramin Dak Sevaks [GDS] are paid Ex-Gratia Gratuity and Severance Amount as approved for them by the Cabinet.
The Ex-gratia Gratuity is paid at the rate of half months basic Time Related Continuity Allowance [TRCA] drawn immediately before discharge of service for each completed year of service subject to a maximum of Rs. 60000 or 16.5 months basic TRCA last drawn whichever is less. The minimum service prescribed for this is 10 years. In addition, Severance Amount is paid at the rate of Rs. 1500 for every completed year of service subject to a maximum of Rs. 60000. The Government has already introduced Service Discharge Benefit Scheme in lieu of severance amount scheme effective from 01.04.2011 for the benefit of Gramin Dak Sevaks on the basis of the New Pension Scheme (NPS), specifically NPS Lite Scheme launched by the Pension Fund Regulatory and Development Authority (PFRDA). Under this scheme, the Government as well as Gramin Dak Sevaks concerned now contributes @ Rs. 200/- per month.
(c) Does not arise in view of reply to (b) above