Tuesday, February 24, 2009

Representation voicing objections in seniority list

Subject: Circulation of seniority of programme management and programme production cadres of STS frade of IB(P)S Officers of AIR
This has reference to the seniority list of STS officers of IBPS (Management and Production) No. A-32013/03/2009-S!(A)/69 dated 01.02.2009 circulated by S-1 (A) Section of DG:AIR.
The objections to the list sent by Sh. Pratap Singh, SO , S1(A) Section, DG, AIR are as under:-
1) Firstly, the circulation of such a list is totally illegal as the Department is yet to conduct the review DPC to the post of JTS of the IBPS directed by the Principal Bench of CAT in O.A. No. 399/2001 filed by the Association of UPSC recruited Programme Officers of AIR & Doordarshan.
2. As you are aware , the Association of UPSC recruited Programme Officers of AIR and Doordarshan has also filed a contempt petition against DG:AIR and Secretary I&B for not undertaking the review DPC directed by Principal Bench of CAT nearly 5 years ago i.e on 23rd March 2004 . The Hon'ble Court had then directed that the review DPC to JTS be undertaken by considering the Programme Executives for Production posts of IBPS . As this still remains to be done, the seniority lists of STS Management and STS Production that has been now circulated for objections has no value whatsoever and is invalid abinitio . These lists will necessarily undergo drastic change when the options of Programme Executives are considered for JTS Production during the review DPC ordered by the Hon'ble Court.
4. Further, the lists of STS Production consists solely of erstwhile contractual Producers, whereas the STS list after review DPC will necessarily contain many Programme Executives. Accordingly many of the STS officers shown on the Production list will be due for reversion from both STS and JTS Posts of the IBPS.
5. The seniority list of STS Production also has a column which shows the date of joining . The dates written in this column are the dates of joining in contractual service , whereas the actual date to be mentioned here is the date of joining in regular service .
6. There are many persons shown in the STS Production list whose dates of joining are not mentioned at all. This is an attempt to cover up , that such persons are not covered by the existing RRs as outlined below.
7. The Department is very well aware that statutory RRs of 23.10.1984 by which erstwhile contractual staff artists were encadered in the regular programme cadre clearly stipulate a cut off date of 28.2.1982. The MIB scheme of 3rd May 1982 by which these enabling RRs were created also stipulates the cut of date for then existing long term contractual staff artists to be encadered in the programme cadre as 28-2-1982. The orders for those in the scheme as on cut of date of 28-2-1982 came into effect on 6th March 1982. The scheme also clearly specified that contractual service rendered prior to 6-3-1982 is purely for pensionary benefits and for maintaining interse seniority between the staff artists. Thus, the blatant attempt to indicate contractual date of joining in the colum where the date of regular service should be indicated /and leaving the said column blank - are both totally illegal and in violation of the statutory RRs .and DOPT norms .

8. It is reiterated that as the statutory RRs of 23.10.1984 stipulate a cut off date of 28-2-1982., those contractual staff artists who entered on contract after that date are not covered under the RRs and hence do not belong to the regular programme cadre and cannot feature in any seniority list .
9. It is understood that vide MIB scheme No. 45011/29/91 dated 29th November , 1991 , it was decided to extend the benefit of Government servant to staff artists who entered the scheme after 6th March 1982. It was also decided to create corresponding number of civil posts for staff artists deemed as Government servants under these orders. However, as on date no such RRs exist to support the encaderment of such persons in the programme cadre, even if they were deemed as government servants in Nov 1991.
10. It is also pertinent to mention that once the review DPC is done may PEXs from 1982 onwards who have not got a single promotion in their lifetime due to such irregularities will feature in the seniority list of STS and above up to SAG .
11. It is also pertinent to mention that the UPSC batch of 1991 is also senior to the names mentioned on the STS list of Production , even if such persons were deemed to be government servants on 29th November 1991..
12. The Apex Court in the historic Uma Devi case stated "If Rules have been made under Article 309 of the Constitution, then the Government can made appointments only in accordance with the rules.. It is recognised that no government order, notificiation or circular can be substituted for the statutory rules framed under the authority of law".
13. Thus, it is clearly recognised that no one can be illegally interpolated into the programme cadre in violation of the statutory RRs.

In view of the above , it is submitted that
a) since seniority /eligibility list can have only those who are eligibile to be in it as per statutory RRs , all persons illegally interpoolated into the list contravening the RRs and stipulated ;cut off date of 28-2-1982 should be necessarily removed from the lists.
b) Further, such persons should not be included in the review DPC for JTS as they are not legally in the programme cadre as per RRs.
c) The present seniority list of STS circulated may be treated as null and void ab initio . It is also submitted that such a seniority list demands a vigilance enquiry and disciplinary action may also be contemplated against those persons indulging in such gross administrative irregularities.

Yours sincerely

2009/2/23 jose mathew

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