The principle of 'equal pay for equal work' is recognized, but Gramin Dak Sevaks cannot claim parity with regular employees due to specific engagement rules limiting their work hours.

ORDER

PER HON‟BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER

Since common questions of law and facts are involved in both these OAs, the same are being disposed of by this Common Order.

2. The applicants in both the OAs have challenged the action on the part of the respondents in denying them the pay and allowances/wages for 8.00 hrs duty for the work done on par with the regular employees in violation of the doctrine of „equal pay for equal work‟ enshrined under Article 39(D) of the Constitution of India and sought for the following relief:

“To call for the records pertaining to denial of pay and allowances by the respondents for the 8.00 hrs work done by the applicants and declare the same as illegal, arbitrary, contrary to the Rules and instructions prescribed and in violation of the principles of natural justice and the Articles 14, 21 and 39 (d) of the Constitution of India , and direct the respondents to grant pay and allowances for 8.00 hrs on par with the regular Departmental employees performing similar and identical duties, not less than the pay of MTS (Rs.18,000/-) with effect from the date from which they are performing such duties, and pass such other order or other orders as this Tribunal deems fit and proper in the facts and circumstances of the case and in the interest of justice.”

3. For the sake of brivity, the facts stated in O.A.No.776/2019 are taken.

4. The first applicant is a GDS Branch Postmaster and also duly elected Circle Secretary belonging to National Union for GDS affiliated to FNPO. He is authorized to represent the grievances of GDS employees at various forums in the department. The other applicants are also working as GDS Branch Postmasters at the different places in Telangana Postal Circle.

5. The applicants have submitted that the Indian Post Office has got an interesting historical background. The 1^st Post Office was started in British India in the year 1764. Since then, the number of Post Offices increased gradually in tune with the growing needs of the Society. At the time of Independence, there were 22,344 Post Offices. The same has crossed to 1,54,866 as on date. Out of which 15,826 (10%) are in Urban areas; 1,39,040 (90%) in Rural areas. Out of 1,39,040 as many as 1,29,420 are the Branch Post Offices. The castle of Postal system was built upon the well laid foundation of BOs. Initially, Teachers, Shopkeepers, Pensioners etc., were appointed as Branch Post Mastrs (BPMs), who were attending to collection, dispatch, receipt and delivery of mail of both registered and unregistered. Subsequently, S.B.Money Order etc. work was introduced. In course of time, in view of the multifarious functions, the role of a BO is changed enormously, particularly after the introduction of NREGS, old age pensions etc. in addition seasons and other activities were also entrusted to the Branch Post Offices (BO) and has become single window for all the activities including Mail, Saving