Initially there were no separate
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 said 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rules were repealed and P&T Extra Departmental Agents (Conduct&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.
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