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Temporary employee in postal department

(Querist) 13 October 2015 This query is : Resolved 
Hi experts,
I am writing here on behalf of a poor women, she is wife of a Temporary employee in postal department. Her husband worked for postal department for 30+ years and died on service at the age of 58. The department did not made him permanent during his 30+ years of service also. He used to receive between 3000-5000 as salary. After death she received about 93000/- as amount in her bank and nothing else. Also she got again a temporary job and getting salary of 6000 p.m. He or she never get any bonus also.

I saw on postal department document on employees that even temporary employee will get pension etc.

Let me know whether she should get:
1) Pension
2) Gratuity
3) Bonus
4) PF
5) Permanent job to wife

Please help me in this regard.

Thanks
M.Sheik Mohammed Ali (Expert) 13 October 2015
where are you from ? at the time of her husband died, was she give any representation letter to concern higher officer.
md ismail (Querist) 13 October 2015
I am from hyderabad. She is actually somehow illiterate i.e. 7th fail and when her husband died in 2013 she doesn't know anything about the office or officer. However now she is struggling a lot and have completed 10th from Open school and doing inter second year. Her age is now 41
md ismail (Querist) 13 October 2015
Even I came to know from her that the past officer was not good. That officer doesn't allowed him get permanent post and even he was troubling her a lot during initial days of job.
Sudhir Kumar, Advocate (Expert) 14 October 2015
An employee cannot remain temporary for 30(+) years. You are not equipped with full facts.


Please get to know whether he was only ty/ad-hoc or was granted Ty status.

Please also get to know how/in which capacity she is appointed.

please see the papers correct the facts and then you will be able to make a query which can fetch useful reply.
Anirudh (Expert) 14 October 2015
Dear Md. Ismail,

First stop blaming anybody (on the basis of what an illiterate lady told you) without knowing the complete facts.

Yes, you are trying to help the lady. But do it in a proper manner.

Please try to visit the office where he was working earlier. Find out about his status in which he was working. Then and then only you will come to know the correct position. After knowing the correct position, post the query. Then appropriate answer can be provided to your query.
P. Venu (Expert) 14 October 2015
It appears that the deceased employee was a gramin dak sevak formerly known as extra-departmental (ED) staff. Please make inquiries and post the details.
md ismail (Querist) 14 October 2015
Dear experts thanks for replying. I am discussing with her about different aspects and I further came to know that her husband was working as extra-departmental delivery (ED) staff but he was not made to permanent post. Even the wife has been told by the officer that after completion of 3 years she can write ED exam and if she pass then only they will make her permanent. After discussion with one another educated lady from her relatives I came to know that he worked about 36 years. That educated lady said she went many times to enquire about it but they just agreed to give job and that 93000. She also told that during job in between 36 years once that man was told to go to curfew affected area but he didn't went there, so in anger the office head written something so that he cannot be made permanent. These are all real facts and nothing is on assumptions etc. No one wants to go to office because she is fearing that they will remove her from the job. She is the only one now to earn and she has two small daughters only..Thats why I have shown interest to help them..
Anirudh (Expert) 14 October 2015
If you go to the office and make enquiries, for that reason nobody will remove her from the job. If you are very serious in helping that lady, then better go to the office and make enquiries and come back with correct facts so that one can go through and if possible suggest further course of action.
Guest (Expert) 14 October 2015
Mr. Md. Ismail,

You seem to be not aware of the hard fact that EDDA or Gramin Sewaks are not regular employees of postal department. What she has got is already full & final on account of long service of her husband, as permisible as per the departmental rules on dak sevaks.

So, better it will be if you state what the real fact is and what exact problem you want to sort out for the lady, it it you are concerned about some real problem.

For more information, you may better approach the concerned Inspector of Post Offices or his next authority, the Superintendent of Post Offices, if you really want to help her. She may be afraid of contacting any of the aforesaid authorities, but I wonder, if you are also afraid of contacting them.
Rajendra K Goyal (Expert) 14 October 2015
Agree with the advise from expert PS Dhingra ji.
md ismail (Querist) 14 October 2015
Thank you once again expert members. Yes the job is temporary but I was thinking that even after 36 years of service law may ask employers to make such employees permanent. Even this document http://www.indiapost.gov.in/pdf/manuals/postal_man_vol_iv_part_i.pdf shows that even temporary employee will get pension. Anyway, I will visit the office and will enquire about all the details and will come back.

Thanks and Regards
Md Ismail
Student ICWA Final
Sudhir Kumar, Advocate (Expert) 14 October 2015
YOU ARE AGAIN CONFUSED. PENSION RULES APPLY TO THE EMPLOYEES OF THE DEPTT.


ED STAFF IS NEVER (NEVER) AN EMPLOYEE OF POST OFFICE.


ED STAFF IS NOT EVEN A TEMPORARY EMPLOYEE.

HE IS A MERE CONTRACTOR.

IF THAT LADY HAS BEEN ALLOWED TO EARN LIVELIHOOD IT IS MERCY OF THE OFFICIALS AND DO NOT FORCE THEM TO WITHDRAW THE SAME
Sudhir Kumar, Advocate (Expert) 14 October 2015
Further she feels harassed by officers.

Understand.

Nothing new with compassionate appointee ladies (particularly illiterate who has never seen an office in life).

After remaining a housewife for 1/3 century now she is in a situation where she has to obey superiors at workplace.

Do not flame such feels in her.
md ismail (Querist) 14 October 2015
Oh sorry Sudhir sir. I understood clearly now. Then I will just ask the officials if there is any scheme or exam through which she can become a permanent employee.



Guest (Expert) 14 October 2015
Mr. Md. Ismail,

Volune IV, etc. is meant to deal with regular establishment, not the ED workers. Read separate set of rules, as prescribed for ED workers/ Dak Sevaks.
md ismail (Querist) 14 October 2015
Ok sir I understood very well now. Whatever she is telling based on that I don't see any solution. I have to see all the documents she have and I will personally meet the officials to know the exact case and will discuss about if she can improve.
P. Venu (Expert) 15 October 2015
The GDS employees are not considered to be public servants. Their emoluments and retirement entitles are governed by separate notifications. As I could gather information, they are not entitled for statutory pension; other entitlements on death are as follows:

- Ex-gratia gratuity subject to a maximum of Rs.60,000/-

- Severence amount subject to a maximum of Rs.60,000/-

- Death benefit under GDS Group Insurance if covered by the Scheme (This scheme came into force with effect from April 2010 and those in service then, subscription was optional)

-Assistance from GDS Circle Welfare Fund, if covered.

The particulars of the actual disbursement could be obtained under RTI.

The wife has been offered appointment under the extant scheme for compassionate appointment.
Sudhir Kumar, Advocate (Expert) 15 October 2015
"Then I will just ask the officials if there is any scheme or exam through which she can become a permanent employee."


She is not even an employee leave along temporary and permanent.
Sudhir Kumar, Advocate (Expert) 15 October 2015
actually there is need for you to know as to who is temporary employee and how he become3s permanent.

Wheh an employee responds to an advertisement of a regular post and onfollowing the procedure of selection exam/interview/fitness etc and completion of police verification and medical he is appointed on regular basis.

As long as this person is under probation he remains as temporary employee and thereafter he comes permanent.


All other employees (i.e. ad-hoc, dailywager, casual, outsources, contract basis, consultant basis etc) are not even temporary employee.

Now the ED employee is not even employee of any such category.
Guest (Expert) 15 October 2015
Dear Sudhir,

About your query, "I will just ask the officials if there is any scheme or exam through which she can become a permanent employee," officials of postal department are not likely to respond here, except when asked through RTI.

However, so far as I know, an ED worker can sit in the competitive exam for the post of postman in the department, provided she fulfills the prescribed conditions. After becoming a postman, she can get permanently aborbed in the Postman's cadre.
Sudhir Kumar, Advocate (Expert) 16 October 2015
If she is eligible for the she can apply for postman as advised by Mr Dhingra.

If really appointed then she will have a "temporary" status.
T. Kalaiselvan, Advocate (Expert) 16 October 2015
Experts have advised well, nothing more to add.


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