Thursday, February 19, 2009

REVIEW DPC- -AUPO REPRESENTATION

Respected Sir,

As you may kindly be aware this Association represents the Programme Officers of AIR and Doordarshan recruited by the Union Public Service Commission.
We would like to bring to your kind notice that:

(i) Certain gross and systematic irregularities and malpractices in the organisation have resulted in an unprecedented and grave situation, where a large number of locally engaged contractual employees not covered by any statutory Recruitment Rules have been given number of illegal promotions. These officers are currently working at JAG,NSFG and SAG levels at the expense of Programme Officers recruited by the UPSC as per the Statutory RRs who are languishing at their entry level posts without receiving even a single regular promotion for over 25-27 years . This includes even SC/ST and women officers. It is ironic that the Programme Executives who are thus languishing were recruited through UPSC with a basic minimum qualification of MA/MSC and other ancillary requirements.
(ii) As an example of the irregularities that have led to this situation, we are enclosing for your kind perusal , an MIB order dated 23rd May 1988 which shows how certain officers ( now officiating as DDGs) and who were engaged on monthly contract/short term contract as Science Officers in 1983/84 were made into temporary government servants with effect from their original first contractual appointment. The same people were also retrospectively made Assistant Station Directors w.e.f 1.1.1986 and included in the programme cadre though they were/ and are as on date completely outside the purview of the statutory rules . This act was done by misusing and violating a cabinet decision of March 1982 , ensuing MIB regularization Scheme No. 45011/26/80-B(A) dated 3rd May 1982 and the enabling RRs of 23rd Oct ober 1984 which provided for regularisation of long term contractual staff artists in AIR and Doordarshan in position on 28-2-1982 . The MIB scheme also specifies that the orders for those in the system as on cut off date of 28-2-1982 would come into effect on 6th March 1982 subject to the conditions prescribed in the scheme and RRs. . A copy of the Scheme issued vide order No. 45011/26/80-B(A) dated 3rd May 1982 (Annexure B) and Enabling RRs of 23.10.1984 (Annexure C and D) are enclosed with relevant portions duly marked for ready reference.) .
(iii) Similarly, by misusing and violating the said 1982 scheme and circumventing the enabling RRs , a large number of persons engaged on contract as Producers etc. (after the cut off date of 28.2.1982 specified in the RRs and Scheme )have been interpolated in the list of staff artists on long term contract who were regularised as part of the 1982 Scheme.

(iv) Though persons engaged on contract after the cut off date of 28-2-1982 are strictly outside the purview of the statutory RRs, and are not entitled to be included in the lists of staff artists they have been illegally interpolated into the regular programme cadre . This has been done to inflate the promotion quota allocated to staff artists as per rules. Promotions from the regular programme cadre i.e programme executives and erstwhile contractual staff artists upto 28.2.1982 are based on a variable ratio based on the actual number of posts from both categories . Clause 4 A (1)(f) of the 1984 rules Annexure C above may be seen..

(v) Such persons who entered on short term contract after 28-2-1982 are now illegally serving as Station Directors in Doordarshan Kendras/AIR stations whereas the UPSC recruited Programme Executives of 1982 onwards are not only suffering without promotions , but are also being humiliated by being illegally forced to serve under and take orders from such persons. A copy of a six month renewable contract issued on May 31st 1984 (w.e.f 18th May 1984) to one such person as Producer Gr.II (contract staff ) on a monthly fee of Rs 650 in the fee scale of Rs 650-1200 is enclosed as Annexure E. Such persons have been granted two regular promotions by circumventing the RRs and are allowed to continue enjoying the illegal fruits by deliberately stalling review DPCs ordered by the Hon’ble courts as per RRs. A review DPC ordered in March 2004 has been intentionally delayed for five years on flimsy grounds only to protect the present illegal beneficiaries
(v) The enormity and extent of manipulation taking place can be seen by a perusal of an eligibility list provided by DG:AIR in an ongoing contempt petition filed by this Association against DG:AIR and Secretary I&B for delaying the review DPC. The list includes hundreds of ineligible contractual employee engaged on monthly /renewable short term contract after the cut of date of 28-2-82 prescribed in RRs and the 1982 Scheme. The list strangely and inexplicably even places all such contractual employees engaged upto 1985 over and above UPSC recruited programme executives of 1980. The said eligibility list created is enclosed as Annexure F.
(vi) The said eligibility list also places many ineligible promotee programme executives from the cadre of TREX over UPSC Pexs , though during the course of the contempt petition, DG:AIR /MIB cited that one of the reasons for the delay in conducting the review DPC was the need to make necessary corrections in the seniority lists of programme executives.

(vi) As you are aware, in the historic constitutional bench judgment of the Hon'ble Apex Court in Uma Devi case , the Apex Court has enunciated that any public appointment has to be in terms of the constitutional scheme.

Para 5 of the judgment states “If Rules have been made under Article 309 of the Constitution, then the Government can make appointments only in accordance with the rules. … It is recognized that no government order, notification or circular can be substituted for the statutory rules framed under the authority of law.”
Para 10 of the judgment states “With a view to make the procedure for selection fair , the Constitution by Article 315 has also created a Public Service Commission for the Union and Public Service Commissions for the States. ….. The states have made Acts, Rules or Regulations for implementing the above constitutional guarantees and any recruitment to the service in the State or the Union is governed by such Acts, Rules and Regulations. The Constitution does not envisage any employment outside these constitutional schemes and without following the requirements set down therein.”
Para 14 of the judgment states “This Court emphasized that hen Rules framed under Article 309 of the Constitution of India are in force, no regularization is permissible in exercise of the executive powers of the Government under Article 162 of the Constitution in contravention of the Rules.’
The Apex Court has made a clear distinction between illegal and irregular appointments and has observed that in case of irregular appointments(not illegal appointments) , where duly qualified persons in duly sanctioned vacant posts might have been made , the Government may take steps to regularize as a one time measure the services of such irregularly appointed persons who have worked for ten years or more without the intervention of orders of courts or tribunals.” If such appointment is in infraction of the rules or if it is in violation of the provisions of the Constitution, illegality cannot be regularized. Accordingly , DOP&T vide O.M 11th December 2006 had advised Secretaries of all Ministries including I&B to strictly adhere to the directions and law laid down by the Hon'ble Supreme Court. The DoP&T Order and extracts of the judgment of the Apex Court are annexed as Annexure G and Annexure H and are duly highlighted for convenience.
(vii) . It is strange that even this Apex Court directions are ignored and as on date All India Radio and Doordarshan have an inconceivable situation wherein those recruited by the constitutional provisions of Art 309 by the UPSC are being treated as inferior to contract employees and are being made to work under them.

(viii) Though Review DPCs have been directed by Courts from 1982 onwards by the Hon'ble J&K High Court in SWP 1267/91 and by the Principal Bench of CAT in O.A. No.399/2001 and 2343/2001 , instead of using the opportunity for correcting the wrongdoings there is a systematic attempt to protect the illegal appointees by some officers of the department . As stated above review DPCs directed by the courts have been stalled for years on flimsy and false grounds and seniority/ eligibility lists have been tampered with and manufactured outside the purview of the Recruitment Rules to allow the illegal beneficiaries to retain the fruits and also to perpetuate the wrongdoings.
(ix) While stalling the base level review DPC ordered by the courts, regular DPCs were done for the levels STS to SAG to further regularise such irregularities . These officers are in league with the beneficiaries of this wanton flouting of rules and who by virtue of holding very senior positions within the organisations are able to influence and manipulate decisions. It will be pertinent to mention here that since the Hon'ble Courts have struck down all the promotions held from 1982 and ordered review of all DPCs, those who are being allowed to continue in the positions by thwarting the conduct of review DPCs have no legal locus standi
(viii) The directions of the Hon'ble J&K High Court in SWP 1267/91 upheld by the Hon'ble Apex court that the contractual service of the staff artists can not be reckoned for the purpose of seniority while ordering review DPC in the programme cadre of AIR and Doordarshan from 1982 onwards is also being flouted . (Annexure I)

(x) This continued situation has resulted in a widespread disaffection and brewing discontent among the UPSC recruited officers all through the length and breadth of the country who feel slighted and humiliated at having to take orders and work under illegal officers who have no standing as per RRs and the law of the land . They are also expressing their anguished and frustrated reluctance to undertake programme production , when production posts in the IBPS are being denied to them for the last 18 years inspite of RRs and favourable court orders.
(xi) All these are also affecting the fabric and morale of the service and impacting the output of the organisation.

This Association understands and appreciates that you have been making sincere efforts at reestablishing rule of law in the organisation. In view of this, we look up to your kind self with high hopes and make a fervent appeal for your kind and immediate personal intervention so that the illegalities are corrected at once and the law of the land is respected and as a first step those who have been interpolated in the programme cadre and are occupying senior positions should be immediately removed. This may kindly be treated as an SOS on behalf of hundreds of direct recruit programme officers working in the nook and corner of the country whose confidence in the system is badly bruised and need to be restored immediately for the good of the organisation.

We shall be highly obliged, if you would kindly spare some of your valuable time and grant a personal meeting at your earliest convenience which will enable a delegation of UPSC recruited officers to personally explain and clarify the whole gamut of issues.

With kind regards

Yours Sincerely,

2 comments:

Unnikrishnan said...

Dear all
some of you may be aware one of the recommendations made by the Parliamentary Committee on Working Condition of Women Employees of Prasarbharathi. The relevant portion is:-
Recommendation No. 6
Status of promotions in AIR and Doordarshan

58. With regard to promotions in All India Radio and Doordarshan, it is disheartening to note that some categories of employees, especially the UPSC recruited Programme Executives, have been found languishing in the same post without a single promotion for over 20 years. Promotions in higher grades too have been delayed for years. This is, perhaps, something unheard of in a Government set up. The Committee are not satisfied with the reply of the Government that the root cause of the problem is court cases, stays etc. During their study visits, the Committee have been informed that there is acute stagnation in the engineering and administration cadres also. It has been brought to the notice of the Committee that promotional avenues are not opened to Assistant Engineers (Diploma holders) and they have been stagnating for over 20 years. The Committee are extremely disappointed about the sorry state of affairs in the organisation which has hampered the career prospects of a large number of talented people in it. At the same time a ray of hope is seen in the recent promotions in some grades and the proposals made for convening DPCs. The Committee recommend that special efforts should be made to finalise promotions in all grades at the earliest. The Committee feel that women employees are discriminated against in terms of their promotions and hence recommend that their claims should be adequately addressed at the time of finalising promotions. Constitutional provisions for reservation should also be followed in promotions. They also desire that the Prasar Bharati should work out proper and adequate promotional avenues for the Diploma Engineers in the organisation.


Unnikrishnan Unnithan

PSWA of AIR and Doordarshan (Regd.) said...

This needs to be posted under a separate heading."Parliamentary Committee on Working Women in Prasar Bharati"