FIRST MILESTONE ON legal fight for GDS DEPARTMENTALISATION
Hon’ble Supreme Court of India has ordered the Delhi High Court to decide the prayer of NFPE & AIPEU-GDS (NFPE) in writ petition No. 1003 of 2013 to treat the three lakhs Gramin Dak Sevaks as civil servants for all purposes at par with other regular employees as per 1977 SC Judgment & to quash the GDS (Conduct & Engagement) Rules 2011.
This is a TURNING POINT IN THE HISTORY OF GDS
NFPE & AIPEU-GDS (NFPE) DID IT
FINAL LEGAL BATTLE HAS BEGUN
We shall fight for GDS both legally and organizationally
ITEM NO.8 COURT NO.2 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 1003 OF 2013
NATIONAL FED. OF POSTAL EMP. & ANR Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
(With office report )
[FOR PREL. HEARING]
Date: 13/12/2013 This Petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE R.M. LODHA
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
For Petitioner(s) Mr. M.R. Calla, Sr. Adv.
Mr. Uday Gupta, Adv.
Ms. Shivani M. Lal, Adv.
Mr. M.K. Tripathi, Adv.
Ms. Pratiksha Sharma, Adv.
Mr. Ankit Achariya, Adv.
Mr. Mohan Pandey,Adv.
For Respondent(s)
UPON hearing counsel the Court made the following
O R D E R
Writ Petition is disposed of in terms of the signed order.
(Rajesh Dham) (Sneh Lata Sharma)
Court Master Court Master
(signed order is placed on the file)
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 1003 OF 2013
NATIONAL FED. OF POSTAL EMP. & ANR. Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
O R D E R
This is a Writ Petition filed under Article 32 of the Constitution of India by the National Federation of Postal Employees and All India Postal Employees Union GDS (NEPE). The principal prayers in the Writ Petition are, (one) 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 (two) the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 be declared invalid and unconstitutional.
2. Having regard to the controversy raised in the matter, we are satisfied that the grievance of the petitioners can be adequately considered by the High Court under Article 226 of the Constitution of India.
3. Since about three lakh persons serving as Extra Departmental Agents (Dak Sevaks) are concerned about the subject matter and they are spread all over the country, we are satisfied that to avoid multiplicity of proceedings in different High Courts, it would be appropriate that the matter is considered by one High Court.
4. We, accordingly, transfer this Writ Petition to the Delhi High Court for consideration.
5. The Registry shall transmit the record and proceedings of the Writ Petition to the Delhi High Court.
6. Upon receipt of the record and proceedings of the Writ Petition, the Registry of the Delhi High Court shall register the Writ Petition and proceed with the matter accordingly.
7. So far as this Court is concerned, Writ Petition stands disposed of.
......................J.
( R.M. LODHA )
......................J.
( SHIVA KIRTI SINGH )
NEW DELHI;
DECEMBER 13, 2013
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