Dear
friends and comrades,
A delegation of our All India Office Bearers called on the
ADG, DGHRM, DG, DGHRM and Member (Admn) yesterday (21.10.2019).
The main agenda of our meeting was regarding issue of
promotions to the AC Cadre.
The gist of the outcome is as
follows:
On promotions:
There
is no certainty regarding Cadre Restructuring.
For
buttressing our demand for separate Group B Service, we have to submit our
detailed proposals with the structure in each zone.
We
pointed out to the ADG, DGHRD that we had already suggested that wherever stays
had been granted by any Court or CAT, the department may give an undertaking to
the Courts that as many number of vacancies that are involved in each case
could be kept aside to be filled up subject to the outcome of the OAs. The department stand was that they had filed
affidavit to the effect that they will conduct adhoc DPC and regularize the
same subject to the outcome of the OAs. We
reiterated that the Judges/Members of the Tribunals would be more inclined to
view the matter of promotion of others with sympathy, if specifically we said
that out of the huge vacancies, the required posts would be kept reserved to be
filled up based on the outcome of the OAs.
We further
expressed our view that now that the SLP in Bharathan case had been dismissed
and since the AISL stands quashed as per the judgment of the CAT, Madras,
upheld by the Hon’ble HC and Hon’ble Supreme Court, early steps to undertake
the exercise of recasting the AISL as per the Parmar judgment could expedite
things. We also stated our feeling that if the Parmar judgment was implemented,
many of the petitioners in other cases in Jabalpur, Chennai and Ahmadabad would
mostly be covered and could pave way for settlement of all those cases. We also suggested that Parmar could be
implemented in stages, starting with the promotion batch of 2002 (which was
large) and the subsequent batches could be covered in due course. We also pointed out that most of the Zones
have kept ready the revised seniority list and had not effected them only due
to the SLP in Bharathan case being pending.
The DG, DGHRD felt that even then conducting of review DPCs at the zones
and then correcting the AISL will take some time. From his experience, he said it could take
around 6 months.
While
there was no information about DPCs for the regular posts of AC, they stated
that promotions to the temporary posts of ACs could be issued only if roadblocks
in the form of three court cases in Jabalpur, Chennai and Ahmadabad are removed.
It was
pointed out that as per our information the Contempt petitions in Jabalpur CAT
had been withdrawn and that the department appeal against a CAT order in
Chennai had been dismissed by the Hon’ble High Court. But the Member felt that all cases have to be
withdrawn.
The
Member (Admn) was of view that it was difficult for the department to implement
Parmar entirely. We pointed out that
even before the Principal Bench of the CAT, the department had stated that they
were in the process of implementing Parmar. The Board is however getting the
view of DOPT and Law Ministry on the issue regarding filing of review petition
or otherwise in respect of the Bharathan case.
The
AISL from 1.1.2007 could be issued only after taking a decision in the above
matters.
On in rem implementation of
Subramaniam case:
Either
we will have to wait for Expenditure to accept the proposal of the Board to
give it in rem (which no one knows when) or the AIACEGEO should file a case
with list of all members (throughout India) yet to be covered, in any of the
CAT/HC orders in the issue.
With fraternal greetings,
R. Manimohan
Sir we should stress for separate group b service in cadre review. Nothing happened on note of ministry to remove stagnation independent of restructuring.
ReplyDelete"While there was no information about DPCs for the regular posts of AC, they stated that promotions to the temporary posts of ACs could be issued only if roadblocks in the form of three court cases in Jabalpur, Chennai and Ahmadabad are removed."
ReplyDeleteIt is clear from the above that no DPC will be held until the Board ensure uniformity in own merit issue.
In view of the above, it is un urgent need on part of the Association to ensure that board should issue necessary direction in the matter.
In contempt petition 'subject to outcome' ki bat hi kahan hai. Contempt petition ka matlab hi ye hai ki outcome aa chuka hai aur department ne use implement nahi kiya hai
ReplyDeleteAaj ki meeting ke bad ye clear ho gaya hai ki ab Association ko 👇es issue ko priority par lena padega
ReplyDeletehttps://cengo1.blogspot.com/2019/03/letter-to-board-on-uniformity-issues.html?m=1
I think association should takeup the matter personally with department of expenditue in the case of rem implementation of Subramaniam case and shiuld hold a meetmeeting wwit them
DeleteOn the issue of Parmar it’s ironical that employees spread over various zones and of different years fought cases and won, now, the association is trying to give respite to board the main culprit in not following the rules. Instead the association shud work for proper implementation of the verdict and timeline for drafting of seniority list in zones and review DPC then AISL. This will pave way for AC promotions.
ReplyDeleteOn subhramaniam front pursue the matter in Expenditure and FM level thru ur working president and liaison secretary
So no DPC for the next few years till almost all the 2002 Superintendents retire. Great indeed!
ReplyDeleteThe temporary post of AC r like peanuts thrown before starved. It was a short term arrangement and the office bearer of that era fall into the trap. Moreover even after so many cadre restructuring we have not moved an inch except we have destroyed the basic robust cadre of the department where the post of Insp and Supdt were coveted; both posts have lost their dignity and charm now person who joined as daily wager is also a Supdt. At least in the erstwhile era due to stagnation no such situation arose, now even below the rugs u will find Supdt , u ask for one u will get 2 free. R u dreaming for such cadre restructuring, MACP would have been more just than these cadre restructuring.
ReplyDeleteDOPT will never allow such broad base of Gr A service this is the bitter truth and in coming years this arrangement will perish.
Long term solution shud be there. Creation of a service upto rank of DC at zonal level.
What happend to Bharathan contempt case in MHC? Then only they may run to implement the judgment to SSC recruitees as UPSC recruitees already enjoying!
ReplyDelete