Wednesday, May 25, 2011

All that I can say is that things will not come to us easily as the Department and the PSA is hell bent to try to deprive the UPSC Pexs of their rights. The Department has made huge mistakes in the past and they are still in the cover up mode in spite of the UPSC pointing out the irregularities.
The illegal beneficiaries are doing everything possible to retain what they have got, while our worst sufferers, seniors ahead of us in the queue are largely watching with silent hope instead of proactive action on their own part.
It has been repeatedly pointed out to some of the most serioulsy affected parties (including those who have been illegally reverted in 2000) that they have a court judgment in their favour (their reversions were in effect quashed by the court in 2004 ) and if in spite of that if they have to serve under those who were engaged on contract subsequently, they should have been shouting the loudest.
From Chennai we had/have a Minister of State for Information and Broadcasting. The Chennai unit of AUPO (Dr Murugan and others who were affected parties ) could and should have put legitimate pressure to ensure that their own rights were protected. The raising of a most genuine demand. by Chennai under affected parties Dr Murugan and Smt. C.S. Kumudam etc .would have not only been beneficial to them but would have helped the fight in Delhi immensely. So, is the case with Kolkotta which also had /has a MOS, I&B... and I am aware that Kolkotta did make efforts....but nevertheless a consistent /non stop effort is required . This effort can be made by each of us in different parts of the country.
Our battle in Delhi is to try to implement a fovourable judgment through the courts who have unfortunately been very lenient to the Department.
It is our constant plea to the Hon'ble Court that our people are suffering and retiring while the Department is deliberately dilly dallying and fudging the eligiblity lists so as to delay the review DPC.
Rumors are also being propogated by the PSA and the department / authorities that court cases are standing in the way of the promotion of UPSC pexs. This is noting more than a blatant lie. How can a contempt petition be called a court case?
a) Has AUPO or any one else taken a stay against the promotions?
b) If there are court cases standing in the way of promotions , how is it that CRs of ineligible producers like Basab Dutta Mohanty and Chamiyar are being collected by the Department/Ministry to promote them from STS to JAG?
c) Is a contempt petition to undertake the review DPC as per rules a stay against promotions ? ( A contempt is a plea to the court to take action against those who have not implemented the court orders.)
d) For those who are confused by the Supreme Court matter , let me clarilfy once again that the Supreme Court matter deals with a review DPC for the period 1982-1989.(There is no stay on any DPC. AUPO has approached the court pointing out that contractual dates are being passed off as regular service to deny UPSC Pexs. )
e) The contempt petiiton in CAT deals with a period beyong 1989. It deals with the fact that Pexs were denied Production posts of the IBPS and that they were wrongly reverted. This is for the period 1990 to the present.
Some of our people in Delhi who dont understand the issues or fail to read the papers ending up toeing the PSA line which is "Let us not think or talk of the past". In the same breath, they say , we have not recieved any promotion for 20 -25 years.
The review DPC deals with the past . Forgetting the review DPC means losing the 'consequential benefits ' of 20-25 years of your service !
I reiterate that we need to look upon this task as a collective one. It is the duty of each and every UPSC Pex to take up our situation to influential people all over the country for their support.
This can be done by each and every single affected Pex.
In spite of having a favourable order from the court, and that too seven years ago, we are still struggling because the majority is still watching safely from the sidelines . Some are afraid of transfers. Many feel that if the persons who are fighting get something , the others will also automatically get it. Sadly the worst culprits are those who collude with the PSA and are still their active participants.
Let us not forget the past, if we want a future.
a) The record shows that first the Department tried to say that Pexs were not eligible for JTS production and using that ploy reverted our seniors, while allowing juniors engaged on contract after them to be promoted to IBPS Production.
b) When Sachidanand Singh and AUPO managed to win the JTS Production case in March 2004, the department then sat on eligiblity lists for nearly five years.(in site of our contempt)
c) When the Dept furnished an eligility list signed by S.C.Sharma in January 2009 , the list had 1977 UPSC pexs starting from D. Chandran , junior to the junior most contractual Producer and also showed the date of engagement of contract of all producers as their regular service.The PSA supported this list!
d) The Department after 8 months claimed that it was a typographical error! .The Courts asked first DG's to verify records (August 2009) and then asked UPSC to verify the records (Nov 2009)
e) The Department prepared a new eligiblity with 804 people. We have managed to ensure that Sh. Subramanium , Dr Raina and others who were reverted inb 2000 are now placed above those who are now being considered illegally for JAG Production (i.e Baseb Dutta Mohanty, Chamiyar, Indira Mathur etc ). However, even now this list is a farce. It does not contain a single UPSC pex of 1986/1988 batch.It inlcudes many illegal persons whose records are not available with the UPSC and the UPSC has informed the court that they would not be able to conduct the review DPC using this list.(This list also has the approval of the PSA)..
f) In this list whioch has been turned down by the UPSC, even V.K. Sambyal (seniormost and no.1 in the UPSC list whojoined in july 1988 and has 23 years of regular service as on date )does not feature in the eligiblity list . So you can guess the fate of 500 persons behind him in the list.
g) The simple truth is that no UPSC Pex of 1988/1991 features in the lists sent for review DPC/regular DPC to UPSC in the year 2011. So if this list which ithe PSA is trying to push through, had been used by UPSC, the UPSC Pexs who joined in 1988 and 1991 would have retired as Pexs. At least some of them would have. V.K. Sambyal and some others who are serving as adhoc ASD's would have to be reverted....Depending on availability of vacancies, those who are not on the list as of now, would be promoted only in future. We would not be eligible for any consequential benefit whatsoever.
h) There is also no stagnation among Pexs as claimed by the PSA. There is stagnation only if there are no posts available. In our case, there are hundreds of posts that have to be filled from a back date including current vacancies.
i) The PSA is also trying to lure and fool UPSC pexs with the lollipop/or band aid of ACP/MACP. They are trying to pretend that this is a benefit that they are giving us! . Anyone with some sense knows that this is a benefit given by the Government to those who have not been promoted for 12 years/ 10 years etc and that ACP for Pexs had become complicated only because the PSA cheated UPSC pexs by first dragging UPSC Pexs into an agitation and then equating their salary to Trexs for the period 1986-1996 (i.e 6500) . The Pexs were given a Prasar Bharati scale of 7500 only from 1996 . If it were not for this 7500 scale, those Pexs who joined in 1988, would have got an 8000 scale in 2000 and the next higher grade due to MACP in 2008 . As it is we are stuck with a 5400 upgradation after 20 years which is a disgrace by any standards. This is why we need to get consequential benefits legitimately due to us from a nbackdate.
j) Let us also not forget that whatever financial benefits that the UPSC Pexs are having as of now is because Pramod Mehta, and seven UPSC Pexs including me and Amlanjyoti Majumdar took the matter to court . Being is Court is a long and tedious battle. Pramod, Amlan and I had to attend every tiring court hearing for five whole years before Pexs all over the country could claim their stepping up options!

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