In a major blow to the Staff artists and the PSA , the Supreme Court on Thursday April 18th dismissed an IA filed by erstwhile contractual Staff Artists to prevent the UPSC from conducting review DPC as per rules (from 1990 onwards) stating that their plea had no merit. The Supreme Court also directed that the UPSC may go ahead with the review DPC of JTS of the IBPS (on the lines planned by the UPSC) .
On behalf of the Staff Artists , Senior Counsel Venkatramani pleaded that the UPSC was unnecessarily trying to reopen old issues relating to seniority and eligibility which was no longer warranted. The Supreme Court refused the staff artists plea to prevent the UPSC from conducting the review DPC , and instead directed the UPSC to go ahead with the Review DPC . The review will be subject to the outcome of AUPO's Ashraf Lone review DPC case pending before the Supreme Court for the earlier period (1982-1989) . Senior Counsel , Colin Gonsalves, appeared for AUPO. The SLP had been filed as an I.A in AUPO's Ashraf Lone review DPC Case.
Implications of the Supreme Court Order
1. Since the Supreme Court while dismissing the SLP of the staff artists states that the argument has no merits, the Supreme Court order has effectively negated all arguments raised by staff artists in the SLP . These are the same arguments put forth by the Ministry of I&B , DG:AIR, The PSA to repeatedly block the JTS review DPC case granting production posts of IBPS to the Pexs.
2. Those who have received illegal benefits and promotions in IBPS Production cadre will have to be reverted and their places given to eligible UPSC recruited PEXS -------( .The UPSC, after verification/scrutiny of its records has been repeatedly pointing out to the Ministry of I&B and DG:AIR that many non eligible contractual persons have been wrongly promoted to the IBPS at the cost of eligible UPSC recruited Programme Executives)
3. Undue seniority given to the contractual staff artists so far by treating contractual service as regular service would also have to be rectified ------------. UPSC had repeatedly pointed out that staff artists were being given undue benefits/seniority by wrongly preparing eligibility lists showing contractual service of staff artists as regular service in the grade of Programme Executive in violation of rules and the Ashraf Lone J&K High Court judgment upheld by the Supreme Court ------.
4. Removal of illegal entrants from the programme executive cadre who do not figure in upsc screening records----------------. Only those who had been screened and found suitable by UPSC can figure in the eligibility lists as per rules and as per specific directions of the Supreme Court in the Satish Chandra Mathur judgment. UPSC has desired that all those who were not screened by UPSC will have to be removed from the eligibility lists .
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4. The Supreme Court direction ensures that the Ministry/Department cannot hold up the JTS of IBPS review DPC ordered by CAT nine years ago on 26.3.2004 - any longer.
On behalf of the Staff Artists , Senior Counsel Venkatramani pleaded that the UPSC was unnecessarily trying to reopen old issues relating to seniority and eligibility which was no longer warranted. The Supreme Court refused the staff artists plea to prevent the UPSC from conducting the review DPC , and instead directed the UPSC to go ahead with the Review DPC . The review will be subject to the outcome of AUPO's Ashraf Lone review DPC case pending before the Supreme Court for the earlier period (1982-1989) . Senior Counsel , Colin Gonsalves, appeared for AUPO. The SLP had been filed as an I.A in AUPO's Ashraf Lone review DPC Case.
Implications of the Supreme Court Order
1. Since the Supreme Court while dismissing the SLP of the staff artists states that the argument has no merits, the Supreme Court order has effectively negated all arguments raised by staff artists in the SLP . These are the same arguments put forth by the Ministry of I&B , DG:AIR, The PSA to repeatedly block the JTS review DPC case granting production posts of IBPS to the Pexs.
2. Those who have received illegal benefits and promotions in IBPS Production cadre will have to be reverted and their places given to eligible UPSC recruited PEXS -------( .The UPSC, after verification/scrutiny of its records has been repeatedly pointing out to the Ministry of I&B and DG:AIR that many non eligible contractual persons have been wrongly promoted to the IBPS at the cost of eligible UPSC recruited Programme Executives)
3. Undue seniority given to the contractual staff artists so far by treating contractual service as regular service would also have to be rectified ------------. UPSC had repeatedly pointed out that staff artists were being given undue benefits/seniority by wrongly preparing eligibility lists showing contractual service of staff artists as regular service in the grade of Programme Executive in violation of rules and the Ashraf Lone J&K High Court judgment upheld by the Supreme Court ------.
4. Removal of illegal entrants from the programme executive cadre who do not figure in upsc screening records----------------. Only those who had been screened and found suitable by UPSC can figure in the eligibility lists as per rules and as per specific directions of the Supreme Court in the Satish Chandra Mathur judgment. UPSC has desired that all those who were not screened by UPSC will have to be removed from the eligibility lists .
.
4. The Supreme Court direction ensures that the Ministry/Department cannot hold up the JTS of IBPS review DPC ordered by CAT nine years ago on 26.3.2004 - any longer.
1 comment:
great victory for the upsc recruits who were deprived of any promotion for the last more than 20 yrs.
its all aupo's efforts ( amlan majumdar. jose mathews and pswa'a pramod mehta.
great victory
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