Option For DPC Last date is 15nth Nov.2016

Legal Notice

Amiy Shukla

Advocate

c/o Human Rights Law Network             

576, Masjid Road, Jungpura

New Delhi

Tel: 24379857 email: amiy2906@gmail.com

11.09.2013

To,

1.     Prof. D.P.Agrawal,

Chairman ,

Union Public Service Commission,

Dholpur House,

Shahjahan Road,

New Delhi.

2.     Dr. Syamal Kumar Sarkar,

Secretary ,

Department of Personnel & Training,

North Block,

New Delhi.

3.     Shri Bimal Julka,

Secretary ,

Ministry of Information & Broadcasting

Shastri Bhavan

New Delhi.

Sub:     In the Supreme Court of India,  Civil Appeal 4387 of 2007 in the matter of Association of UPSC  Recruited Programme Officers of AIR and DD Vs Union of India & Others.

Sirs,

I write this letter in response to the letters written by Secretary, Ministry of  Information &  Broadcasting  to you and other persons seeking to pressurise UPSC and DOP&;T to revise the stand taken by UPSC and DOP&T as found in Secretary UPSC Shri  A. Bhattacharya’s  affidavits dated 22^nd March 2012 , the DOP&T advisory to the UPSC dated 6^th March 2012 and the  subsequent communication of  UPSC  to the Ministry of I&B dated  20^th March 2013  filed before the  Principal Bench of CAT,  New Delhi in C.P. No. 217/2005 in O.A.No.399/2001.

In this regard my colleague Adv Svetlana Correya had addressed a letter to you dated 06.05.2013 bringing to your attention that the application filed in the Supreme Court by the All India Radio and Doordarshan Programme Professional Association on behalf of the staff artists, seeking to challenge the stand of the UPSC and DOPT as stated in the abovementioned affidavits, was dismissed by the Supreme Court as recent as 18.04.13. The legal notice dated 6.05.13 together with the order of the Supreme Court dated 18.04.13 is annexed with this letter for your convenience.

Though fully aware that the staff artists had failed to convince the Supreme Court  that the stand of the UPSC and DOP&T as stated in the above mentioned affidavits/communications was wrong , the Secretary I&B is now  seeking  to pressurise UPSC and DOP&T to revise their stand in accordance with the above mentioned application made by the erstwhile contractual staff artists in the Supreme Court , which was dismissed. The Secretary I &B is attempting to interfere with the Court proceedings even though he knows that the matter is fixed for final hearing in the Supreme Court and is showing on the cause list. There is thus deliberate and willful interference with the course of justice.

In fact, in a companion matter being Union of India Vs Satish Chandra Mathur (Civil Appeal No. 12801 of 1996 dated 1.5.2001), the Supreme Court has already decided a matter similar to the present civil appeal No.4387/2007. Copy of the decision of the Apex Court is annexed with this letter , wherein the Supreme Court has upheld the principle of Screening by UPSC  for appointment/induction in the grade of Programme Executive , as provided in the statutory rules (Rule 4A of the All India Radio Group B Posts Recruitment(Amendment) Rules of 23.10.1984). You will notice that the stand taken in the affidavits of UPSC and DOPT above mentioned are in consonance with this Supreme Court decision. The Secretary, I&B would have you act contrary to this Supreme Court Judgment.

The pressurising attempts of the Secretary I&B and his persistence in acting contrary to law will be brought to the notice of the Supreme Court when the matter is finally argued shortly. The Chairperson , UPSC and the Secretary,  DOPT are requested not to succumb to his pressure and to act in accordance with their  above mentioned affidavits filed before the Hon’ble CAT Delhi, against which applications were filed in the Supreme Court supported by I&B’s stance in the matter  and this application has been dismissed. There is therefore no impediment to UPSC and DOP& T acting strictly in accordance with the affidavits dated 19.1.2012, Secretary UPSC’s affidavit dated 22.3.2012 with the DOP&T advisory to UPSC dated 6.3.2012 and UPSC Communication dated 20.3.2013  above mentioned. Secretary UPSC’s affidavit dated 22.3.2012 incorporating the DOP&T advisory to UPSC dated 6.3.2012 and UPSC Communication dated 20.3.2013    are annexed hereto.

Sincerely

Amiy Shukla

Encl: A/a

Prayers of staff artists dismissed as devoid of merit by Supreme Court and related Supreme Court Order

The  Specific Prayers  of the Staff artists  in their I.A's 5 & 10  (interim applications) in   Civil Appeal 4387/2007 (AUPO Case)which were collectively  dismissed as devoid of merit by the Supreme Court on 18.4.2013  are  reproduced  below:-



PRAYER in first  I.A. No.5 (dated 27th March 2012) filed by the Staff Artists



a) Pass an order/direction directing Respondent No.4 UPSC not to act or convene a DPC based on its affidavit dated 19.1.2012 filed before CAT , New Delhi in C.P.No.217 of 2005   in O.A.No. 399/2001 and on the basis of letter dated 06.03.2012 sent by DOP&T to UPSC in so far as it may involve reopening the regularization and relevant seniority  of staff artists and such promotions which have been duly affected by the judgment of  the Hon'ble Supreme Court.

b) Pass such order or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.



PRAYER in  second I.A. No.10  (dated 10th April 2013) filed by the Staff Artists



a) Pass an order/direction directing Respondent No.4 UPSC not to act or convene a DPC based on its letter dated 20.03.2013 sent to the Ministry of I&B in so far as it may involve reopening the date of regularisation and relevant seniority of staff artists and such promotions which are in tune and in terms of the judgment of the Hon'ble Supreme Court.

b) Pass such order or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.





SUPREME COURT ORDER DISMISSING  BOTH APPEALS  MADE  BY STAFF ARTISTS  IN I.A. No. 5 and I.A. No 10    IS  REPRODUCED BELOW:-

ITEM NO.49               COURT NO.8             SECTION XIV

S U P R E M E   C O U R T   O F   I N D I A

RECORD OF PROCEEDINGS

IAS 5 & 10/2013 in CIVIL APPEAL NO. 4387 OF 2007

ASSN.OF UPSC RECRUITED PROG. OFFICER ETC          Appellant (s)

VERSUS

UNION OF INDIA & ORS.                             Respondent(s)

(With appln(s) for directions and office report )

Date: 18/04/2013  This Appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE T.S. THAKUR

HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA

For Appellant(s) Mr. Colin Gonsalves, Sr. Adv.

Ms. Sevtlana C. Adv.

Mr. Juno Rahman, Adv.

Ms.Jyoti Mendiratta,Adv.

For Respondent(s) 
      
  Ms. Sunita Sharma, Adv.

Ms. Varuna Bhandari, Adv.

Mr. S. Wasim A. Qadri, Adv.

Mr. D.S. Mahra ,Adv

Mr. R. Venkataramani, Sr. Adv.

Ms. Charudatta Mahindrakar, Adv.

Mr. Shodhan Babu, Adv.

Ms. Neelam Singh, Adv.

Ms. Supriya Garg, Adv.

Mr. Aniruddha P. Mayee,Adv.

Mr. Bharat Sangal ,Adv

Mr. Ashwani Bhardwaj ,Adv

UPON hearing counsel the Court made the following

O R D E R

Delay condoned.

Heard.

This application has no merit and  is  dismissed  with  the

observation that any order passed by the UPSC shall remain, subject

to the ultimate outcome of this appeal, pending in this Court.

|   (GEETA AHUJA)                   |(VEENA KHERA)                |

|  Sr. P.A.                         |      Court Master           |

Explanatory Note:

1. Note that the  Staff artists Prayer  to  prevent   UPSC from acting on its  letter of 20.3.2013  has been dismissed as without merit. (This means that the UPSC can act on its letter of 20.3.2013) .  Please see scanned copy of  UPSC  letter  on the blog.

2. The Supreme Court order dismissing the staff artists  prayer also reaffirms that "any order passed by UPSC shall remain"....

Thus the Supreme Court has declared that   not only the UPSC letter dated 20.3.2013  which the staff artists had prayed to quash  (posted on the blog) is upheld , but any  previous clarifications/order  made by UPSC,  such as UPSC Secretary's affidavit  with DOPT advisory etc also remains (i.e is upheld/ to be followed ). 

3.  subject to the  ultimate outcome of this appeal ...

 This means that the Supreme Court has  directed that the  UPSC may go along with the action proposed in its letter dated 20.3.2013 regarding conduct of review DPC for the period 1990  onwards  by

a) refusing contract service

b)  strictly going by date of screening into the grade of PEX by UPSC

c)  removing those not screened from eligibility list etc ....

The above action  would be ultimately subject to any decisons/additional directions/observations  etc that the supreme court may make during the course of the Ashraf Lone Review DPC for the  previous period  i.e 1982- 1989 (before IBPS) .

PSA LIES EXPOSED !

1. Staff Artists attempt with PSA support  to  stay  UPSC findings dismissed and  declared devoid of merit by Supreme Court.

2. "PSA  manipulation of facts  and lies  completely ignored  and   controverted  point by point  by  UPSC in communication to Ministry " .

3. Supreme Court has directed  UPSC  go ahead with the review DPC to JTS Production of the IBPS.   (See PSA  misrepresentation and lies in the below given  letter  and The UPSC"s rebuttal)