Date : 17.11.2017
GDS Current Status & Applicability of Articles 309 & 311 of Constitution of India.
Article 309 & 311 both are related to Central Government employees.
In the above said para 8.17, Article 309 not covered to GDS.
In the above said para 8.18 , Article 311 applicable to GDS.
GDS Conduct & Engagement Rules ,2011 were not framed under Article 309 of the Constitution of India but under *executive powers of Central Government* after approval of the recommendations of the Nataraja Murthy Committee report.Thus these rules are also non statutory in nature.
According to Dept.of Posts and Government of India , One Article supports GDS (311) i.e.Statutory
Second Article (309) not supported to GDS i.e non statutory ( which was framed by the Dept.only).
Why Department of Posts adopt that Rule in 2011?
Why they are not interested to amend or withdrawn the executive resolution ?
Is there any mercy on GDS by Directorate?
Past is past. At present RICT & IPPB roll out started.
At this juncture, Directorate must mandatatorily convince the Govt.of India and do favour to 2,70,000 GDS and their families.
If Department & Govt.of India withdrawn their executive resolution reg.GDS Conduct & Engagement Rules ,2011 on GDS employees , then
All the GDS will automatically convert in to Central Government Employees with the applicability of Article 309 of Constitution of India.
CH.Laxmi Narayana
CS , NUGDS.
Article 309 & 311 both are related to Central Government employees.
In the above said para 8.17, Article 309 not covered to GDS.
In the above said para 8.18 , Article 311 applicable to GDS.
GDS Conduct & Engagement Rules ,2011 were not framed under Article 309 of the Constitution of India but under *executive powers of Central Government* after approval of the recommendations of the Nataraja Murthy Committee report.Thus these rules are also non statutory in nature.
According to Dept.of Posts and Government of India , One Article supports GDS (311) i.e.Statutory
Second Article (309) not supported to GDS i.e non statutory ( which was framed by the Dept.only).
Why Department of Posts adopt that Rule in 2011?
Why they are not interested to amend or withdrawn the executive resolution ?
Is there any mercy on GDS by Directorate?
Past is past. At present RICT & IPPB roll out started.
At this juncture, Directorate must mandatatorily convince the Govt.of India and do favour to 2,70,000 GDS and their families.
If Department & Govt.of India withdrawn their executive resolution reg.GDS Conduct & Engagement Rules ,2011 on GDS employees , then
All the GDS will automatically convert in to Central Government Employees with the applicability of Article 309 of Constitution of India.
CH.Laxmi Narayana
CS , NUGDS.
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