Gist of CCS (CCA) Rules 1965 -1 Introduction about CCS CCA Rules 1965

  Rule, Procedure and Protection of Rights of employees

One Comrade from West Bengal asked me as follows:

“Comrade. We could not follow fully the posts being made on CCS CCA Rules in the website since we have no idea about the basic rules. We are interested to learn but without knowing the basic rules how can we follow? If you will post the gist of the rules simultaneously it will be immense help to us to know the rules in depth”

Yes. He is absolutely correct. This blog is for the budding unionists and activists and not for the masters on the subject. Therefore, I accepted his suggestion and from today I am suspending the posts of Relax and Refresh English Knowledge till the gist’s are completed. This is the short gist which was circulated in Tamilnadu in the Trade union class conducted at Kumbakonam during 2011. The gist of CCS CCA Rules is divided in to 12 posts for easy consumption of the viewers which will be posted on alternative days from today. If one could not follow at first time, please read again. You will definitely understand. If there is a will it is possible.

 CCS (CCA) Rules is not a book or departmental volume to be read by the official, alone who seek for promotion through written departmental examination. One should keep in mind that his service is civil service and this CCA (CCA) Rules 1965 is applicable to his service. He has got duties and responsibilities but also has rights also. That rights are enshrined in the CCS (CCA) Rules 1965. It is the product of provisions of article 211 of the Indian Constitution which restrict the pleasure doctrine of the president of India which is enshrined in Article 310 of the constitution. Article 211 embraces reasonable opportunity of defence which is the pet child of Natural Justice. So, provisions of CCS (CCA) Rues 1965 consciously reminds all people concerned with essentiality of natural justice in dealing with accused officials.

One may say that guilty should be punished, yes, this is a correct saying. But no one can be punished disproportionately. Innocent should not be punished. Intelligent black sheep, should not be allowed to escape. The authorities vested with powers should not be allowed to misuse their powers. Their personal bias in the official routine should not induce to impose disproportionate punishment. Normally, the family and of the accused employee. should not be allowed to suffer. Extreme penalty of dismissal/removal is practically civil death to an employee as commented once by the Apex court.

The workers, who are concerned with welfare of the family members of the working class, can not allow the CCS (CCA) Rules to be handled by merciless people. Therefore, the working people should know their civil rights in CCS (CCA) Rules 1965 and try to help the charge sheeted officials. This is also Trade union works. In public & private sectors, workers are well versed in Industrial Dispute Act and laws are helping the employees who are in trouble.

CCS (CCA) Rules 1965

1.    There are 35 Rules in 9 parts in total. Part I contains 4 rules under the caption “General”

Rule 3 deals with application of these rules. In the Department of Posts all. (regular) Government servants except GDS, PTC, CLR are civil servants and these rules, are applicable to them. In the Department of posts Gramin Dak Sevaks (Conduct and Engagement) Rules 2011, Rule 3 A (Terms and conditions of engagement Rule (v) says “A. Sevak shall be out the civil service of the  union”. But, the Hon’ble Supreme Court has held in the case of Supdt of pos (V) P.K Rajamma (1977) 3 sec 94 = ATR 1977 SC 1977 “that GDs are holders of civil post, But, the Govt, of India, Department of posts consider GDS as holders of civil post only for the purpose of exercising of the benefit of Article 311 of the constitution. The GDs are always kept away from the purview of Pay Commissions. They are discriminated in matters of leave, pension etc. It is well known to all. that CCS (Leave) Rule, CCS (Pension) Rules, CCS (conduct) Rules do not apply to GDS.

                                                      Part II

2.    This contains Rule 4 to Rule 7. Civil posts and civil services have been classified in Group A, B, C, D.

In the Department of posts, Group D, service has been named Multi Tasking Staff After 6^th CPC. Most of the work distributed to this MTS were done by Postal Assistant and Postman. Clerical work done in money order department, parcel, Registration Department are entrusted to MTS. It may be a long plan to reduce the staft strength in the cadre of postal Assistant. Duties presented in the Rules of Postal volume VI, V in the Money order Department, Registration, Parcel Department etc should be radically changed, amended, or deleted. Without changing the Manuals, Rule relating to Postal Assistants, the department should not redistribute the duties to MTS. This aspect requires deep study.

3. The duties prescribed for Postal Assistant in the rules should find place in the memo of distribution work. Then only the Postal Assistant can be blamed for any failure in the prescribed duties. Duties prescribed for MTS should find place in the duty chart of MTS. Then only one can be blamed. Otherwise, Govt servant is expected to Seek protection when he is alleged for non-devotion of duty.

4. Part III deals with Rule 8 (Appointment to class I services) Rule 9 (Appointment to other services & posts)