GDS Combined Duty Allowance - Recovery based court order

The Department of Posts, issued an official order on July 31, 2023. This order addresses a situation involving Combined Duty Allowance (CDA) given to Gramin Dak Sevak (GDS) employees. The issue came to light due to a legal review conducted by the Hon’ble CAT, Earnakulam Bench.

The CAT's decision, given in Order No. 391/2021 and related cases dated June 7, 2023, establishes that GDS employees can receive CDA only under specific conditions:

1. There should be two or more positions in the workplace.
2. The responsibilities of one position need to be combined with those of another position within the same office.

The order also examines different circulars and explanations from different regions. It mentions that a particular circular (No. 17-31/2016-GDS dated February 1, 2022) about CDA for single-handed branch post offices (BOs) was approved by the Ministry of Finance (MoF). This circular allowed CDA for Branch Postmasters (BPMs) in such cases because of their specific duties.

However, the order points out that Karnataka Circle and Telangana Circle issued clarifications (orders No. ESA/1-1/Dlgs/III dated May 12, 2022, and PMG (H)/Est-/05 dated September 18, 2018, respectively) that granted CDA to GDS employees in BOs with two or more workers, regardless of whether the vacant position was in the same establishment. This contradicts the existing guidelines.

In response, the order instructs Karnataka Circle and Telangana Circle to retract their mentioned orders and recover excessive CDA payments made based on those orders from GDS employees in three parts. The order also advises all other regions to follow the specified guidelines to prevent irregular payments and to recover any irregular CDA payments that might have been made.

The order is signed by Ravi Pahwa, the Assistant Director General (GDS/PCC), who requests confirmation of the receipt of this order from all regions.

Government of India
Ministry of Communications
Department of Posts
GDS Section)

Dak Bhawan, Sansad Marg,
New Delhi-110 001
Dated: 31.07.2023

Subject: Combined Duty Allowance (CDA) to Gramin Dak Sevak (GDS) – clarification 2023.

Recently the issue of recovery of excess payment of Combined Duty Allowance (CDA) payable to GDS came to the judicial scrutiny before the Hon’ble CAT, Earnakulam Bench. The Bench while deciding OA No. 391/2021 and connected cases vide order dated 07.06.2023 (Annexure A) has, inter-alia, directed to recover over payment of combined duty allowance from the GDS (both in the single handed and all other BOs), inter-alia, observing that.

“Combined duty allowance can be claimed by a GDS only if he is discharging the additional duties subject to the two riders: –

1. There must be two or more posts in the establishment.
2. The duty of that post should be borne on the post of that BO and duty of that post is to be combined with another post of that particular office.”

2. While examining the aforementioned court cases, it was noted that this office Order No. 17-31/2016-GDS dated 01.02.2022,in respect of CDA applicable in single handed BOs, was issued with the concurrence of MoF keeping in view the specific nature of duties to be performed by BPM in single handed BOs and therefore, BPMs in such cases are entitled to combined duty allowance. Kerala Circle has, accordingly, been advised to take further legal recourse to clarify the position before Hon’ble Tribunal.

3. Further, it was also noticed while examining the above cases in respect of the double or more than double handed branch post offices, that Karnataka Circle and Telangana Circle (Hyderabad Region) have issued some clarifications at Circle levels vide their orders No. ESA/1-1/Dlgs/III dated 12.05.2022 (Annexure B) and PMG (H)/Est-/05 dated 18.09.2018 (Annexure C), respectively in the matter of grant of combined duty allowance (CDA). It appears from the clarification issued by both the Circles that the CDA has been allowed to the GDSs in the BOs having two or more hands in all cases, irrespective of the vacant post is borne in the same establishment or otherwise, against the provisions contained in this office OM NO. 17-31/2016-GDS dated 25.06.2018.

4. The said orders dated 25.06.2018 are very clear with regard to grant of combined duty allowance, which inter-alia, provides that for grant of combined duty allowance (in other than single handed BOs) it is necessary that two or more posts should be borne on the same establishment, i.e., in case of BPMs working in other than single handed BOs, the Combined Duty Allowance should be granted only in the cases where the post of GDS ABPM was lying vacant or where the incumbent to the post has availed any leave and consequently BPM works as the Mail Deliverer or Mail Conveyance or both in addition to their own duties.

5. In view of the observations of the Hon’ble CAT the Orders, the aforesaid letters dated 12.05.2022 of Karnataka Circle and 18.09.2018 and of the PMG, Hyderabad Region are needed to be withdrawn immediately. Karnataka Circle and Telangana Circle are accordingly requested to take action to withdraw the aforementioned orders of respective Circles and recover the excess payment of combined duty allowance made in pursuance thereof from the GDSs concerned in three installments. A compliance may be submitted by both the Circles forthwith.

6. All Other Circles are also requested to follow the instructions in the letter and spirit to avoid such irregular payment and take action to recover such irregular payment of CDA, if any.

The receipt of this letter may be acknowledge by all Circles.

(Ravi Pahwa)
Assistant Director General (GDS/PCC)