Supreme Court Oorder Reg Adhoc Service can not counted as Regular service thn how DG ;AIR counting contract service even without verification of contracts counting this as regular service ?

Item No.103 COURT No. 4 SEC.XI


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

RECORD OF PROCEEDINGS


CIVIL APPEAL No.12801/1996@@
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Union of India & Ors. Appellant (s)


VERSUS


Satish Chandra Mathur Respondent (s)

(With Office Report)


Date : 01.05.2001 This appeal was called on for hearing today.@@
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CORAM :
HON'BLE MR. JUSTICE G.B. PATTANAIK
HON'BLE MR. JUSTICE B.N. AGRAWAL



For Appellant (s) Mr. N.N. Goswami,Sr.Adv.
Mr. W.S.A. Qadri,Adv.
Ms. Sushma Suri,Adv.



For Respondent (s) M/s. Arvind Kumar,Mrs.Laxmi Arvind and
Mr. S.C. Gupta,Adv.

Mr. C.S. Ashri,Adv.
Mr. P.N.Puri,Adv.
UPON hearing counsel the Court made the following

O R D E R

........L.......I.......T.......T.......T.......T...................J.
.SP2
The appeal is allowed.


.SP1
(Y.P.Dhamija) (Suneet Bala Sharma)@@
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COURT MASTER Court Master

Signed order is placed on the file.



.PA
.PL56

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURSIDCTION

CIVIL APPEAL NO.12801/1996@@
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Union of India & Ors. ..Appellants



Vs.


Satish Chandra Mathur ..Respondent




O R D E R@@
EEEEEEEEEE


........L.......I.......T.......T.......T.......T...................J.
.SP2
Union of India is in appeal against an order of the
Central Administrative Tribunal, Allahabad Bench. The
question for consideration is whether the services rendered
by the respondent as an ad-hoc Programme Executive from
28.10.1976 till 1.1.1979, on which date his services stood
regularised as a Programme Executive, can at all be counted
for recokning his seniority in the cadre of Progrmme
Executive. The recruitment to the post of Programme
Executive is governed by a set of rules under proviso to
Article 309 of the Constitution called the All India Radio
(Group 'B' Posts) Recruitment Rules 1962. The said rules has
been amended from time to time. The Programme Executive
being a Group B, the prescribed procedure for recruitment to
the said post is, as contained in Rule 4-A. It necessarily
stipulates, constitution of a screening committee with the
Chairman or Member, Union Public Service Commission as a
member of the committee, and then after

- 2 -
consideration/adjudging suitability, approval of the list by
the Union Public Service Commission, whereafter appointment
could be made by the Government. The respondent, however,
without going through the process of screening and selection,
as stated above, was appointed by the Director General, All
India Radio by letter dated 25th September, 1976, and the
appointment letter unequivocally indicates that the
appointment to the post of Programme Executive is on ad-hoc
basis, and it further adds a clause to the appointment
letter, which reads as under :
"The appointments of the Transmission Executives
mentioned above as Programme Executive will be on adhoc basis
and it will not confer on them any right or privilege for
continued or regular appointment in that grade."
When the seniority list of the Programme Executive
was drawn from time to time in 1977, in 1980, in 1985, and
finally in 1989, the Union Government had not taken the
aforesaid ad-hoc period for the purposes of the seniority of
the respondent. The respondent, however, had been filing
objection to the said seniority list, and finally approached
the Administrative Tribunal. When in the seniority list was
drawn in 1989, he was shown at serial No.107 excluding the
ad-hoc period from consideration. The Tribunal by the
impugned judgment relying upon the earlier decision of the
Tribunal in the case of one M.P. Verma came to hold that
since the respondent has been continuously holding the post

- 3 -
of Programme Executive from October 1976 till 1.1.1979, the
date on which his services stood regularised, it would be
unequitable not to count that period for the purposes of the
seniority merely because of mentioning 'adhoc'in the letter
of appointment. In effect, the Tribunal follows the earlier
decision of the Tribunal in Verma's case.
Mr. Goswami, the learned senior counsel, appearing
for the Union Government contended that in the teeth of the
provisions of the Statutory Recruitment Rules prescribing the
procedure for filling up post of Programme Executive, and
that procedure not having been followed, and instead the
respondent having been appointed by the Director General on
28th October, 1976, and the terms and conditions of the
appointment having clearly stipulated that the period will
not be counted either for regular recruitment or for any
purpose, the Tribunal committed error in recokning that
period for the purposes of determining the seniority of the
respondent in the cadre of Programme Executive. Mr. Arvind
Kumar appearing for the respondent, on the other hand,
contended that it is no doubt true that the prscribed
procedure had not been followed, but since at that point of
time there had been no screening committee, and the
respondent possesses the prescribed qualifications, and was
appointed by the competent authority, and had been allowed to
continue in the post still regularisation on 1.1.1979, the
principle enunciated by this Court in the Constitution Bench

- 4 -
decision in the Direct Recruitment case should apply and
principle B thereof would be applicable to the case in hand,
and as such there is no infirmity with the impugned order of
the Tribunal.
Having examined the rival submissions at the Bar, and
having examined the relevant provisions governing the
conditions of recruitment to the post of Programme Executive,
and having examined the very order of appointment of
respondent dated 28.10.1976, we have no manner of doubt that
the period from 28.10.1976 till 1.1.1979 cannot be counted
for the purposes of recokning the seniority of the respondent
in the cadre of Programme Executive. It is undisputed that
the appointment to the cadre was dehors the statutory rules,
and was not in accordance with the prescribed procedure, even
though the respondent might have possessed the prescribed
qualifications for being appointed. Possessing the
prescribed qualifications itself would not constitute an
appointment in accordance with rules, particularly when the
procedure, as in the case in hand, was that a Screening
Committee would scrutinise the cases and the Chairman, Union
Public Service Commission is a member of the said committee,
and then the selection is required to be approved by the
Union Public Service Commission. In this view of the matter,
we unhesitantly hold that the Tribunal committed serious
error in directing that the period of service rendered by the
respondent from 28.10.1976 till 1.1.1979 could be counted for

- 5 -
the purposes of his seniority in the cadre of Programme
Executive. We therefore set aside the aforesaid order of the
Tribunal, and hold that the respondent's seniority in the
cadre of Programme Executive could be counted from 1.1.1979
as Programme Executive.
The appeal is accordingly allowed.
The case of the intervenors also shall be decided in
accordance with the aforesaid principle.


.SP1
......................J.
(G.B. PATTANAIK)@@
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New Delhi, ......................J.@@
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May 01, 2001 (B.N. AGRAWAL)@@
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Guess, who has written this to me & many others as Rohit Malhotra ? Time is with those people who hve d courage to fly, Not with those who stand on th ground & watch the sky- Pramod Mehtaa

Unknown Rohit Malhotra's email to me----

Dear All,


this drama has been going on and on for so many years now. going by the pattern there is no reason for being surprised by the content of the affidavits of DG AIR and DG Doordarshan. these are very much in the expected lines. Any one who expected any thing different was either being naive or is far removed from the ground reality. some among us even have the illusion that DG AIR belongs to the cadre and she will at least support truth. I don't know why should we at all have such misgivings, her actions vis-a vis this issue in the last one year has shown no indication to suggest that she is remotely concerned about the fate of the PEXs be it Direct Recruits or Promotees. Those who know her well would tell she is one of the most selfish person around and she only knows to further her own cause and nothing else. She has never hesitated to ditch even her closest people for bettering her own chances. She has now clearly entered into a deal with Jayalal and group wherein it has been agreed that she will not go after them through this case and as a bargain she will be allowed to complete her tenure as DG smoothly. What if in the process the legitimate and genuine interests of hundreds of PEXs have to be sacrificed. Moreover, she does not have the courage to stand up to the wrong instructions from the seniors and brains to scrutinize the wrong and mischievous submissions from the corrupt administrative staff.

as regards DG Doordarshan, in spite of her outward facade of being righteous she is culpable to pressure from above like any one from her tribe.

the CEO has taken a smart stand that this does not concern him. But still he wants to hinge on as the CEO and enjoy every bit of PB and suck it from within till a more greener pasture is found.
MIB is hand in glove with the Producers and is only working for their protection. Logic being dished out is how can we dislodge such senior people. However the real reason being they have been bribed and bribed handsomely.

So friends, we have no hopes. This is going to lead us no where. No amount of affidavits and counter affidavits are going to bring you anything excecting for wasting our time . Sriniwas Sharma died we all shall follow him to the grave. He never knew that he has run out of time. Neither do we know how much time we all have. It may be much much less than what we all assume. Nothing and absolutely nothing will come our way the manner we are approaching the issue.

If we really have the courage then we should make one last attempt by coming out on the street, stating in unequivocal and in no uncertain terms that all those who are sitting above us including the DG AIR are illegal appointees and we all refuse to take any command from them. Let's tell them we want no promotion but we shall also not work under those illegal persons hence don't promote us but immediately bring them down. Let's do Dharana , gherao the DG, CEO , Secretary, take out marches to residences of MIB, PM or President House , jail bharo , hunger strike etc.Let's all bring the whole system to a grinding halt. Let's be prepared to match fire by fire. Let a chaos dawn in the organisation where all those fellows described above are questioned by the political leadership and Government about the reasons and let them be held responsible for their failure to manage the organisations . In short let them be dumped. They can no longer be allowed to have fun while we suffer. Let an emergency convention of AUPO be held to take decision urgently.

It may require supreme sacrifice. If we don't have the courage to tread this course let's drop everything and be reconciled to the fait accompli. Let's not fool ourselves and others.

Salute to Shri Niwas Sharma & his efforts

Friends, though i have no communication skill in english bt due to sudden death of Mr Sharma we have a great set back to movment of justice bt what his family has lost we cant understand. I always observe in Delhi there is crowed of employees of other cadres who have been appointed on comashnate grounds dispite no RRs. Our true help will be that when we will able to adjust his family members in AIR or DD. Pls manage your contacts for his family. Further , regarding review DPC ,I understand tht nothing seems to be positive only due to our peple coverdness. People want results on the basis of telephone calls. If realy want some thing huge leagal fund has to be created only thn some positive can be expected though courts. ........... Pramod Mehtaa

Mukkaddar Ke Sikander

PSA GIFTS - INJUSTICE UNLIMITED

Persons declared Govt. Servants from 06/03/1982 are ASDs from 1982 itself in Ashraf Lone DPC

CAT directions "No to frauds "

7.8.2009
CP131/2007
M.A 417/2008
M.A.418/2008
OA 124/2003
With C.P. 217/2005
MA965/2008
MA966/2008
O.A.399/2001
Present: Shri M.K.Bharadwaj, Counsel for applicants in
CP131/2007
Shri S.Ragappa, Cousel for applicant in CP 217/2005.
Shri.V.K.Rao with Mrs Nidhi Bisaria, counsel for respondents (Prasar Bharati)
Shri S.K.Dubey along with Deepak Kumar, counsel for respondents(UOI).
Contempt petitions arise from the orders passed in O.A. No.2343/2001 and connected cases. To appreciate the situation it may be required of us to take notice of the operative portion of the judgment, especially, paragraph 20 thereof. It is extracted herein below.
“Having regard to the discussions made above, both OAs are allowed and impugned order dated 25.08.2000 is declared illegal as the same has been passed without giving option to the Programme Executive whether they are being considered for production cadre or for management cadre Respondents are further directed to conduct review DPC and also give an option to the officers belonging to programme executive cadre whether they want to go to Programme Management Cadre or for Production cadre and the DPC will also consider their option and may allocate the cadre to be allocated and recommended by the DPC as per rules. This exercise should be completed within a period of three months but in the meanwhile officers who are working on production side or on production programme cadre, they should not be disturbed till the exercise is completed. OA is accordingly disposed of”.
2. The review DPC was to take note of the options of the officers, viz whether they wanted to go to Programme Management Cadre or to Production cadre and was to be allocated the cadre as per rules.
3. There was delay in such exercise and contempt petition had been filed. The latest affidavits filed by the UOI as well as the DG, AIR indicate that the matters have been referred to the UPSC and the final selection process is in progress.
4. The respondents had further disclosed their stand that the competent authority had decided to treat the seniority/eligibility list of the officers concerned as on 1.9.1992. According to the learned counsel for respondents scope as coming within a review DPC can be only on the above lines. But , however, Mr. Rajappa, counsel and some of the applicants, who had appeared in person in CP 217/2005, as well as Mr, Bharadwaj, counsel for applicants in CP 131/2007 submit that the combined list annexed to the reply affidavit dated 24.7.2007 is the one decided to be placed before the UPSC. It could not have been acted upon when the rule position was to be taken notice of Schedule IV and V of the relevant rules according to them specifically indicated that for promotion to the JTS cadre list of officers in the feeder category such as Programme Executives and Farm Radio and Extension Officers were to be finalized only taking note of their date of appointment in regular basis in the relevant pay scale. Date of regularization indeed was to have strict relevance. But as of now a number of persons whose claims might have been considered by the UPSC, could not have hoped to include their names in the list as some of them had not been regularly appointed on the date of reckoning, although the list presented is prepared as if they had regular service. If the UPSC acts upon this the entire efforts so far taken by the applicants are liable to be infructuous. The list is also forwarded as above, according to them to help the ineligibles.
5. In contempt proceedings, the Tribunal is expected to examine whether or not there is contumacious conduct. Generally it is not expected that weight of the Tribunal is applied at every stage of consideration of the claim. The end result has to waited. But however, a stitch in time may save further complications and if there are sufficient materials to show that ineligible names are presented before the UPSC, the entire exercise becomes futile. The respondents are not expected to go technically and are not empowered to do something which is not in consonance with Rules.
6. As an extraordinary step, we direct the second respondent, DG,AIR and 3rd respondent Director General (Doordarshan) to file separate affidavits stating whether or not the list presented before the UPSC for consideration by the review DPC(Annexure D)contains the names of only personnel who could be considered as eligible , and had enjoyed regular appointment in the concerned grade as shown in Annexure D. In other words, it should be made clear as to whether the date of regular appointment shown in column 5 of Annexure D of the candidates are supported by authentic proceedings in their personnel records giving them such status, with effect from the dates as seen assigned.
Affidavits are to be filed before 31.8.2009.
(Shailendra Pandey) (M.Ramachandran)
Member (A)

Questions Which Cannot Be Answered.....

CAN DG: AIR, MIB & UPSC JUSTIFY -
WHY UPSC RECRUITED PROGRAMME OFFICERS LANGUISH AT THEIR ENTRY LEVEL POSTS FOR 20-27 YRS?
WHY THEY SERVE UNDER PERSONS ENGAGED ON CONTRACT WHO WERE ILLEGALLY INDUCTED IN THE PROGRAMME CADRE?
WHY A REVIEW DPC ORDERED BY THE COURT IS DELAYED FOR FIVE YRS?
WHY STATUTORY RULES ARE GROSSLY VIOLATED???


AUPO & PSWA

Efforts of P.S Prabhakaran , Founder President, Prasar Bharati SC/ST Association ,Chennai. ..Jai Ho

PSWA & AUPO - Joint Meeting

Minutes of the Co-ordination Committee Meeting of the Association of UPSC recruited Programme Officers of AIR& Doordarshan (AUPO) and the Programme Staff Welfare Association(PSWA )held on 16th June 2009 in Broadcasting House, New Delhi.

An emergency meeting of PSWA and AUPO was held in All India Radio Broadcasting House, New Delhi on 16th June 2009. The meeting was held in view of a large number of direct recruit Programme Officers from PEX upwards all over the country expressing their deep anguish over the inordinate delay in holding of the review DPCs and DPCs for the JTS grade of IB(P)S as per the directions of the Hon’ble Courts . The meeting also discussed that the delay in conducting review DPC/DPCs was directly linked to the large scale recruitment/promotion scam in the Programme cadre of All India Radio and Doordarshan.

Members across the board expressed their deep indignation and unequivocally condemned the fact that Programme Executives recruited by UPSC have not got a single promotion for 20-27 years and are being forced to serve under persons engaged on contract and illegally inducted into programme cadre in violation of all norms and statutory rules.

Some vital documents obtained through RTI recently by the Associations pointing to a full blown recruitment /promotion scam in the department were also placed before the members. The documents show how hundreds of illegal appointees such as present day Science Officers etc (serving as i/c DDG ) were inducted into the programme cadre in violation of the Cabinet Approved MIB Regularisation Scheme of 1982 and the Statutory Recruitment Rules.

Members expressed their anxiety with the pace of progress in resolving the issue, in spite of some interactions/meetings being held at the highest levels of Administration and their positive intentions to remove illegalities. It was also observed that some subordinate officials are adopting obstructionist and dilatory tactics to delay the efforts to resolve the matter as they appeared to have a nexus with the illegal appointees.

In view of the above, Members decided that this long term injustice should not be allowed to continue and the following decisions were taken unanimously:

a. It was resolved that if there was no concrete progress to resolve the illegal interpolations of ineligible contractual persons into the seniority lists of the Programme Executives and the encadered Staff Artist before the next date of the Contempt Petition –i.e 2nd July 2009 – a three day “Calling Attention” sit in Satyagraha Dharna would be conducted at all major selected Capital Stations to coincide with the Budget Session of the Parliament. Hon’ble Members of Parliament would also be requested to raise the issue during Zero Hour.

b. Representatives from different parts of the country shall also congregate in New Delhi and sit on fast to peacefully register the protest.

c. It was resolved that, meanwhile joint delegations of both the Associations shall meet CEO, Secretary, Minister for Information & Broadcasting, Ministers of State for Information & Broadcasting, Members of Parliament etc, to seek their urgent intervention in the matter.

d. It was also resolved that, as a Confidence Building Measure, DG,AIR , CEO and Secretary(I&B) should be requested to take concrete steps to remove persons illegally interpolated in the Programme Cadre to ensure that the law of the land prevails .As an interim, all administrative powers should be immediately withdrawn from those illegal appointees holding high and senior positions in the Programme cadre, pending the conduct of review DPCs, so as to avoid abuse of authority .

e. Failing which members will be constrained to not take any orders, instructions etc from these officers and shall not submit their ACRs etc. to these illegal appointees.

f. It was resolved to request the Deptt and the Ministry to revoke all DPCs from STS up to SAG Production grades of IBPS conducted after March 26th 2004, as these DPCs failed to include those from Programme Executives cadre who are eligible as per statutory rules for Production posts of IBPS and as held by the Principal Bench of CAT on 26th March 2004.

g. It was resolved to request the DG, CEO and Secretary to fast track an enquiry for finding out the facts and circumstances including the conspiracy and collusion angles leading to the illegal inclusion and the continuous further elevations to higher posts of a large number of erstwhile contractual employees who were not covered by the statutory rule and whose appointments were outside the purview of Art 309.

h. It was resolved that CEO should be requested to take disciplinary action against officials who had been /or are adopting obstructionist and dilatory tactics.

i. It was decided that , the issue of recruitment scam shall be taken up with the PMO, Members of the consultative committee, CVC and CBI.

j. It was also resolved that the matter be highlighted through Press and media channels to draw the attention of whole nation to the unprecedented plight of the DR Officers of the Public Service broadcasters.

k. Members also decided that the DoP&T, Cabinet Secretary to be approached to request that pending the conducting of the review DPC/DPCs and all consequential benefits being given to the Programme Executives, no cadre review should be done for the IB(P)S and the recent scheme of parity with the IAS should also not be implemented as these would further institutionalize benefits to the persons illegally holding higher posts.




Pramod Mehtaa L.S. Bajpayee
President, PSWA Convenor, AUPO
9818294349

PSA's Crimes Continue

PSWA-PM/009/2009 15/06/09

To To
The Hon’ble Minister for I&B The CEO
Ministry of I&B Prasar Bharati
Shastri Bhavan PTI Building,
New Delhi. New Delhi-1.

The Secretary The Chairman
Ministry of I&B UPSC
Shastri Bhavan Shahjahan Road
New Delhi. New Delhi

The Secretary All Members,
DOP&T Prasar Bharati Shahjahan PTI Building,
New Delhi New Delhi-10001.

Subject: Request for stopping /keeping in abeyance of cadre review to IBPS and feeder cadre and also the Scheme of equating organized services like IBPS with the IAS , until the outcome of ongoing enquiries regarding hundreds of illegal recruitments/promotions to gazetted posts (from Pex to SAG) in the Programme Cadre of AIR and DD resulting in large scale recruitment scam and also pending review DPCs in programme cadre from 1982 to 1989 and 1990 onwards .

Respected Madam/ Sir,
At the time of the Cadre Review meetings this association has clearly pointed out that the Cadre review should be undertaken only after the long pending review DPCs in the programme cadre are held. Further, it was also pointed out by this Association that through RTIs and other documents sufficient evidence and documents had been given to the Department that showed that there had been large scale recruitment scam and promotions of illegal persons to the IBPS. Whereas , the records of UPSC and SSC recruited programme personnel are available in the Department , even basic records including mode of entry , appointment details, qualifications at the time of appointment, background etc of hundreds of other personnel who have been inducted /interpolated in the programme cadre at various periods are strangely not available. It is also understood that there are even cases where from one family, fifty persons have been engaged on contract and then regularized. Further, AIR and Doordarshan is the only organization , where persons engaged without any specialized qualification or knowledge or training for 72 days in a year , have then been regularized as Trexs and granted the payscale of Group B gazetted Officers (6500-10500). Similarly , persons engaged on monthly contract in 1983/1984 such as existing DDGi/cs like Sh. H.K. Pani, Smt Deepa Chandra and Smt Aparna Vaish were directly inducted into Class I service flouting all statutory rules. Even the fitment of contractual employee , Sh. G. Jaylal (who served as Acting DG,AIR) into Class I service (Pex selection grade) was done illegally as UPSC recruited Programme Executives with similar or more qualifications had as per rules to complete at least 11 years regular service in the grade of Pex to become Pex Selection grade. Records show that Sh. Jaylal was wrongly fitted as Pex (selection grade) from the date of his joining on contract as at the same time, UPSC recruited Programme Executives could not become PEX selection grade even after completing 25 years of regular service in the grade of Pex! Such largesse given to Sh. Jaylal was done by violating statutory norms and by granting him undue benefits whereas even SC/ST Pexs recruited with similar or more qualifications by UPSC were denied their rightful dues. Sh. Jaylal, Sh. Pani, Smt Aparna Vaish, and Smt Deepa Chandra were also illegally made ASDs retrospectively from 1986. There are many such cases that will surface under the eyes of the enquiry committee.
This Association appreciates the efforts of Sh. B.S. Lalli, CEO, Prasar Bharati , to set right many wrong things in AIR and Doordarshan specially by ordering an impartial enquiry regarding illegal recruitments/promotions to the posts of JTS to SAG of the IBPS. Action initiated in this matter by both DDG(A), AIR Sh. Raj Kamal and GM(P) Shri P.K. Pathak is also acknowledged and appreciated.
It is however learnt that due to vested interests operating at different levels and under the pressure of the illegal DDGs/Directors of the Programme cadre - there is a move to finalise cadre review proposal by ignoring the above mentioned facts with the specific motive and intention of further complicating the enquiries and review DPC’s related works.
It is also learnt that DG:AIR is trying to implement the scheme equating IBPS and other organized services with the IAS (subject to a 2 year gap) though they are aware that the immediate implementation of this scheme for the programme cadre (without conducting the pending review DPCs ordered by Hon’ble Courts and prior to the outcome of the enquiry on the recruitment /promotion scam) would amount to once again giving give further “undue” benefits to illegal and ineligible persons interpolated into the IBPS.
In the circumstances, this Association reiterates it demand that the both the Cadre Review and equation with IAS scheme be stopped immediately and kept in abeyance until the completion of the enquiry referred to above and the pending review DPCs from 1982-1989 and 1990 onwards in the Programme cadre of AIR and DD. It would indeed be a travesty of justice that illegal persons continue to reap benefits , while a major portion of the regular programme cadre recruited through UPSC are stagnating for 27 years in the same grade.
It is requested that DG:AIR, the cadre controlling authority for AIR and Doordarshan should be directed to refrain from implementing the IAS Scheme in the programme cadre and from changing the cadre structure of existing IBPS Rules1990 until the completion of pending review DPCs/outcome of enquiries related to the recruitment/promotion scam in the programme cadre.
Yours sincerely,

Pramod Mehtaa.
President PSWA
9818294349
Copy to : -
Hon’ble Prime Minister of India.
Hon’ble Vice President of India .
CEO, Prasar Bharati
Cabinet Secretary, Cabinet Secretariat, Govt. of India.
DG, AIR
DG,DD
CBI
ADG, DD
CVO, Prasar Bharati
All DDGs .
Notice Board

Aupo efforts to stop wrong doings.

Respected Madam,

It has come to the notice of this Association that there is a mischievous move by some officers in the Ministry of Information & Broadcasting to induct the Foreign Language Supervisors of ESD of AIR into the IBPS contrary to and in violation of the existing Statutory Recruitment Rules notified under the provisions of Article 309 of the Constitution of India.
In this regard your kind attention is drawn to the M/o I&B ID no.45011/57/2005-BA (P) dated 11.09.2007 and ID note of even no. dated 17.7.2008 directing Prasarbharati and DG AIR respectively to firstly encadre the Foreign Language Supervisors into regular programme cadre (group A) of AIR and then induct them into the IBPS in its initial constitution in 1990 as ‘departmental candidates’ with all consequential benefits.

It is pointed out here that the communications under reference and decisions therein are patently contrary and in violation of the relevant provisions of (i) All India Radio (group A and group B posts) Recruitment Amendment Rules dated 23.10. 1984
(ii) The ‘Directorate General: All India Radio Supervisor (Foreign Languages) Recruitment Rules 1987’
(iii) Indian Broadcasting Programme Service Rules dated 5.11.1990

It is important to note that consequent upon the decision of the Union cabinet to regularise certain categories of contractual staff Artists of AIR and Doordarshan as regular government servants a scheme was formulated and circulated vide communication no. 45011/26/80-B(A) dated 03.05.1982. The scheme interalia provided for consideration of those contractual staff artist working on long term contract with AIR and Doordarshan as on 28.2.1982 subject to their being screened and found fit by the screening committees. The regularization was to be effective from 06.03.1982.
In view of the difference in their job profile, qualification, fee scales etc. among the various categories of staff artists different statutory recruitment rules were framed as a sequel to the scheme circulated vide communication no. 45011/26/80-B(A) dated 03.05.1982 for the screening of different categories of staff Artists and their fitment in the appropriate grades of regular programme cadres.

a) Col. 1 of the SCHEDULE of All India Radio (group B posts) Recruitment Amendment Rule dated 23.10. 1984 lists 6 categories of contractual staff artists who were to be encadered in the grade of Programme Executives. These include:
(i) Producer (ii) Reference officer (iii)
b) Similarly, cols.1,2 &29 Col. 29 of the All India Radio (group A posts) Recruitment Amendment Rule dated 23.10. 1984 lists certain categories of Staff Artists who were to encadred in the different Group A posts of the Programme cadre.


In view of the unique nature of the job of the Foreign language supervisors wherein they are to perform a ‘Watch dog’ role on the foreign language broadcast done by foreign nationals working in different units of ESD and government requires to utilize their services for the same purpose they were not made part of the above statutory Rules and a separate RR under 309 of the constitution The ‘Directorate General: All India Radio Supervisor (Foreign Languages) Recruitment Rules 1987’ was framed for their regularisation and governing of their service condition.

All the ‘existing Supervisors’ working in the ESD, AIR were regularised as government servants by virtue of this statutory Rule and are still governed by the same Rule i.e . ‘Directorate General: All India Radio Supervisor (Foreign Languages) Recruitment Rules 1987’


As can be seen from Para 16 the ‘Repeal and savings’ clause of the Indian Broadcasting Programme Service Rules dated 5.11.1990 this rule came in place of All India Radio (group A posts) Recruitment Rules1 963 as amended in 1984 and not ‘the Directorate General: All India Radio Supervisor (Foreign Languages) Recruitment Rules 1987’ .

As is evidently clear the ambit of Sub Rule 6(1) ‘Initial Constitution of the service’ of the Indian Broadcasting Programme Service Rules dated 5.11.1990 only extends to those officers who were governed by All India Radio (group A posts) Recruitment Rules1 963 as amended on 23.10.1984 which was replaced by the IB(P)S Rules and not to those who were governed by any other Rules at that point in time.
The Directorate General: All India Radio Supervisor (Foreign Languages) Recruitment Rules 1987 is a statutory rule under Art.309 and is still in vogue and hence any attempt to first include the Supervisors into All India Radio (group A posts) and then induct them into Indian Broadcasting Programme Service as envisaged by the MIB ID notes under reference is illegal being contrary to the Rules, arbitrary and without any basis in law. It is a well known principle of law that any executive order in contravention of statutory provision is a nullity. Moreover, in the path breaking Uma Devi judgment (para 5) it has been held by the APEX court that “if Rules have been made under Art.309 of the Constitution,then the Government can make appointments onlyin 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”.


The rationale for non inclusion of the Foreign language Supervisors into the IB(P)S and regular programme cadre has been specifically examined and deliberated by various high power committees including the 5th CPC . While recommending ways and means for their career progression the pea for their inclusion into IB (P)S was struck down.

It is also relevant to mention here that the issue has also been judicially settled by the Hon’ble Supreme Court by dismissing the SLP of Shri R.L Malhotra Supervisor against the order of the CAT in OA no.------

As an intervener in OA no. 635/ this Association had brought on record all the relevant facts. The Union of India (Secretary I&B) as a respondent through sworn affidavits had also placed before the Hon’ble Courts the statutory provisions and other documents negating the claims of the Supervisors for inclusion into IB(P)S.
In view of this the present change of stance of the I&B Ministry and their bending backwards to accommodate the supervisors in IB(P)S throwing all Rules to winds is inexplicable.

It is clear that some officials in the Ministry in league with the Supervisors are trying to bend rules and induct them into the IB(P)S not unlikely for personal gains and gratification. We appeal to your kind self to immediately intervene in the matter which is of grave concern to the Members of this Association and the Programme Cadre of AIR and Doordarshan. As this will also give credence to similar claims from other such categories of contractual appointees like news correspondents of Doordarshan etc. who are trying to get themselves inducted into the IB(P)S.

Whether any act can save them as after 28/02/1982 recruitees ?

Send information to DG:AIR or us if some officers have forged documents

General Circulars

Section : S-I(B)

SATELLITE MESSAGE


THIS IS IN CONTINUATION OF RN MESSAGE NO.4(3)2009-SI(B) DATED 4TH APRIL, 2009 ALSO AVAILABLE ON AIRNET RELATING TO INFORMATION REGARDING SERVICE DETAILS/DOCUMENTS OF ERSTWHILE STAFF ARTISTS (.) IN ADDITION TO THIS SERVICE RECORD/DOCUMENTS/INFORMATION RELATING TO ALL ERSTWHILE STAFF ARTISTS WHO HAD WORKED IN THE CATEGORIES OF SCIENCE OFFICERS, PRODUCER (GRADE-I), PRODUCER (SELECTION GRADE), PRODUCER (GRADE-II), TRANSLATOR, EDITOR, REFERENCE OFFICER ETC. AND WERE INDUCTED IN THE JTS GRADE OF PRODUCTION AND MANAGEMENT CADRES OF ALL INDIA RADIO AND DOORDARSHAN IN TERMS OF RULE 6 OF THE IBPS WITH EFFECT FROM 05.11.1990 AT THE INITIAL CONSTITUTION OF THE SERVICE MAY ALSO BE SENT (.)
A LIST OF PERSONS WHO WERE INDUCTED IN THE JTS OF IBPS AT ITS INITIAL CONSTITUTION VIDE M/O I &B ORDER NO.45011/19/91-B (A) DATED 19TH DECEMBER, 1991 IS PLACED ON AIR NET(.) ALL STATION DIRECTORS/HEAD OF OFFICES/CONCERNED OFFICIALS EATURING IN THIS LIST ARE REQUIRED TO FURNISH THE RECORDS IN THE PRESCRIBED PROFORMA MENTIONED IN THE SATELLITE MESSAGE OF 4TH APRIL 2009 (.) THE REQUISITE INFORMATION MAY BE PROVIDED AT THE EARLIEST (.) IF ANY STAFF ARTISTS/CONTRACT PERSON/CADRE HAS BEEN INADVERTENTLY LEFT OUT OF THE LISTS, HE/SHE MAY ALSO SENT NECESSARY DETAILS IN THE FORMAT MENTIONED IN THE ORIGINAL MESSAGE DATED 4TH APRIL, 2009 (.)
No. 4/3/2009 ? S I (B)
Prasar Bharati
Broadcasting Corporation of India
Directorate General: All India Radio

Parliament Street, New Delhi
Dated 29TH April, 2009


(N. Srivastava)
Dy. Director of Admn. (P)
DP (Policy)

Station Director, AIR, New Delhi with the request to have this message announced immediately twice a day on 2 consecutive days.

(N. Srivastava)
Dy. Director of Admn. (P)


List of persons inducted in JTS of IBPS vide Ministry of I & B's order no. 45011/19/91 - BA dated 19.12.91
S. No.
Name
1
Shri L. P. Yolmo
2
Shri Munnikrishnappa
3
Shri J. L. Sikdar
4
Shri D. P. Jatav
5
Shri S. P. Goverdhan
6
Shri G. C. Suklavaidya
7
Shri G. Jayalal
8
Shri Shiv Kumar
9
Smt. Roseline Lakra
10
Shri N. C. Deb Barma
11
Shri K. C. Sharma
12
Shri Girish Chandra
13
Shri B. R. Pantulu
14
Shri T. K. Sen
15
Shri M. Mahirchandani
16
Ms. Mukta Shukla
17
Shri G. S. Grampurohit
18
Shri H. S. Walter
19
Shri Harishikesh Pani
20
Shri S. N. Mishra
21
Smt. Durga Bhaskar
22
Shri B. K. Sarkar
23
Smt. Shukla Wadhwani
24
Shri G. S. Srikishnan
25
Shri H. C. Sharma
26
Shri B. L. Sopori
27
Shri N. G. Das
28
Shri C. D. Sinha
29
Shri J. T. Jirdo
30
Shri N. M. A. Kampti
31
Shri E. S. Sundaramurthy
32
Shri M. Bandopadhyay
33
Shri S. K. Sanyal
34
Shri Avinash Sarmandal
35
Smt. V. Santhanamurthy
36
Shri Vinesh Antani
37
Shri S. K. Roy
38
Shri Gulab Chand
39
Shri R. N. Jha
40
Shri C. K. Mothey
41
Shri T. K. Sharma
42
Shri K. Naik
43
Shri A. K. Padhi
44
Shri A. R. Hardikar
45
Shri Jatinder Gupta
46
Shri U. K. Das
47
Shri Shankar Lal
48
Shri M. R. Kamble
49
Shri H. T. Karande
50
Shri A. F. Sheth
51
Shri G. R. Chapalkar
52
Shri B. R. Rai
53
Smt. T. Angmo
54
Shri Abdul Khaliq
55
Shri S. S. Sharma
56
Athos Fernandes
57
Smt. V. K. Kwatra
58
Shri H. R. Krishnamurthy
59
Shri Jayant S. Erande
60
Shri V. M. Trivedi
61
Shri Keshvanand
62
Shri P. P. Solanki
63
Dr. J. K. Das
64
Shri S. N. Bahera
65
Shri K. B. Gopalan
66
Smt. Aparna Vaish
67
Shri Ram Kumar
68
Shri Shyam Mohan
69
Shri A. K. Sen
70
Shri Tashi Anodus
71
Shri R. G. Narula
72
Shri H. S. Rawal
73
Shri B. J. K. Sharma
74
Shri Naba Kumar Singh
75
Shri S. K. Bose
76
Shri V. K. Godkhindi
77
Smt. Karuna Srivastava
78
Shri M. N. Borthakur
79
Shri Mehmood Hashmi
80
Dr. G. L. Bihal alias Gangesh Gunjan
81
Shri R. Viswanandham
82
Shri J. N. Tudu
83
Shri H. C. Verma
84
Shri Livistone Moses
85
Shri E. W. Dkhar
86
Shri G. N. Chaturvedi
87
Shri Y. P. Sharma
88
Shri N. K. Sharma
89
Smt. K. S. Nirmala Devi
90
Smt. Minakshi R. P. Mishra
91
Shri S. K. Upadyay
92
Shri H. S. Batalvi
93
Shri Srikant Das
94
Shri G. H. Zia
95
Shri Brij Raj Tiwari
96
Smt. Indu Bhai Ramesh
97
Shri A. D. Adwadkar
98
Shri F. M. Kasana
99
Shri R. Moongrey
100
Shri A. K. Rej
101
Shri H. M. Khan
102
Kum. K. T. Meshram
103
Shri S. K. Chatterjee
104
Shri K. D. Gupta
105
Shri P. Krishnaswamy
106
Shri J. C. Mishra
107
Shri P. K. Mitra
108
Smt. Jayanti Purkayastha
109
Shri G. B. Aladakatti
110
Dr. U. B. Mishra
111
Dr. M. C. Shah
112
Shri I. K. Nirala
113
Shri R. R. K. Shree
114
Shri A. T. Dhumbre
115
Shri Prince Jai Singh
116
Shri K. S. Unni
117
Shri Jwala Prasad
118
Kum. Priya Kapur
119
Shri B. R. Nirbhavane
120
Kum. Deepa Chandra
121
Shri A. K. Basumalik
122
Smt. R. P. Namboodiri
123
Smt. V. Ramani Sanwal
124
Shri Mohd. Ashroof Lone
125
Shri F. M. Khan
126
Shri Sirraiuddin Qureshi
127
Shri V. H. Bhamare
128
Shri S. K. Dasgupta
129
Shri T. K. Raghavacharyulu
130
Shri Nalla Thampi
131
Smt. Nimmi Gupta
132
Shri B. K. Mohanty
133
Ms. Saba Zaidi
134
Kum. Sehzadi Simon
135
Shri Rajam Sabharwal
136
Shri S. V. Sharma
137
Shri M. S. Naik
138
Shri M. N. Sharma
139
Shri V. S. Pansare
140
Shri V. K. Kapoor
141
Shri Kabir Ahmed
142
Shri M. Sasitharan
143
Shri S. Ravidas
144
Shri A. B. Deshpande
145
Smt. Kamalini Dutt
146
Shri Vijaya Kumar
147
Shri Abhiji Dasgupta
148
Shri A. N. Sen
149
Shri A. K. Chakraborty
150
Shri S. H. Paul
151
Smt. Meena Vaishnavi
152
Smt. Sarvat Sanjar
153
Shri Zafar Ahmed
154
Shri G. S. Gunthey
155
Shri J. N. Mukherjee
156
Kum. Bhakit Prabha
157
Shri Majzur -ul-Haq
158
Shri S. S. Rehman
159
Smt. Jyoti Vyas
160
Smt. S. B. Kalra
161
Shri S. C. Dutt
162
Smt. Vimal Issar
163
Shri B. Y. Bhatkar
164
Shri A. P. Sharma
165
Shri S. N. Dhir
166
Shri Chamman Bagga
167
Shri Kumud Nagar
168
Shri P. N. Verma
169
Shri V. N. S. Bhatnagar
170
Shri B. L. Awasthy
171
Shri G. S. Sharma
172
Shri Manohar Pingle
173
Shri Kuber Dutt
174
Shri B. Adhikari
175
Shri A. K. Mohanty
176
Shri D. K. Nath
177
Shri Jaggannath Bose
178
Shri B. A. Badgami
179
Shri G. D. Ghosal
180
Smt. Jutika Dutta
181
Shri P. K. Saha
182
Shri S. S. Royghatak
183
Shri Manbir Singh
184
Smt. Indrani Roy
185
Shri J. L. Zuthsi
186
Shri Mohd. Shamim
187
Shri Peer Mohamed
188
Shri S. Perumal
189
Shri R. N. Felix Paul
190
Shri S. Bhaskar
191
Smt. Yamuna Subramaniam
192
Smt. V. M. Joglekar
193
Shri N. C. Guha
194
Kum. K. S. Hemlatha
195
Shri Ahmad Jalees
196
Shri Iqbal Majeed
197
Shri S. C. Bose
198
Shri Nand Bhardwaj
199
Ms. Sukhjinder
200
Smt. Avinash Yashpal
201
Shri G. M. Shirhatti
202
Smt. Neeraj Vohra
203
Shri M. J. Sahil
204
Shri R. C. Bhakri
205
Shri Yog Bata
206
Smt. Bani Ghose
207
Shri P. L. Handoo
208
Shri R. R. Mishra
209
Shri M. C. Rajkhowa
210
Kum. Sita Nanda
211
Shri D. L. Hakoo
212
Shri Amlendu Sinha
213
Shri N. Rajagopalan
214
Smt. Ved Sinha
215
Shri C. L. Asnani
216
Shri G. R. Bhatt
217
Smt. Sudha Gupta
218
Shri R. Chatterjee
219
Smt. Shamim Ismat
220
Smt. Q. W. Thakur
221
Shri S. Inder Kumar Singh
222
Shri S. K. Sawhney
223
Shri Santosh Misra
224
Shri S. K. Sane


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