Saturday, November 21, 2009
Posted by PSWA of AIR and Doordarshan (Regd.) at 3:42 AM
Posted by PSWA of AIR and Doordarshan (Regd.) at 3:37 AM
Posted by PSWA of AIR and Doordarshan (Regd.) at 3:32 AM
Posted by PSWA of AIR and Doordarshan (Regd.) at 3:27 AM
Posted by PSWA of AIR and Doordarshan (Regd.) at 3:22 AM
Posted by PSWA of AIR and Doordarshan (Regd.) at 1:30 AM
Thursday, October 1, 2009
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@@
Union of India & Ors. Appellant (s)
Satish Chandra Mathur Respondent (s)
(With Office Report)
Date : 01.05.2001 This appeal was called on for hearing today.@@
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.
UPON hearing counsel the Court made the following
O R D E R
The appeal is allowed.
(Y.P.Dhamija) (Suneet Bala Sharma)@@
COURT MASTER Court Master
Signed order is placed on the file.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURSIDCTION
CIVIL APPEAL NO.12801/1996@@
Union of India & Ors. ..Appellants
Satish Chandra Mathur ..Respondent
O R D E R@@
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
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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
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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
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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
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
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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.
New Delhi, ......................J.@@
May 01, 2001 (B.N. AGRAWAL)@@
Posted by PSWA of AIR and Doordarshan (Regd.) at 1:18 AM
Saturday, September 19, 2009
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----
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.
Posted by PSWA of AIR and Doordarshan (Regd.) at 6:57 AM
Monday, September 14, 2009
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
Posted by PSWA of AIR and Doordarshan (Regd.) at 11:09 AM
Wednesday, September 2, 2009
Monday, August 24, 2009
Posted by PSWA of AIR and Doordarshan (Regd.) at 8:53 AM
Thursday, August 13, 2009
With C.P. 217/2005
Present: Shri M.K.Bharadwaj, Counsel for applicants in
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)
Posted by PSWA of AIR and Doordarshan (Regd.) at 1:35 AM
Sunday, June 28, 2009
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
Posted by PSWA of AIR and Doordarshan (Regd.) at 9:20 AM
Friday, June 26, 2009
Posted by PSWA of AIR and Doordarshan (Regd.) at 10:03 AM
Friday, June 19, 2009
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
Posted by PSWA of AIR and Doordarshan (Regd.) at 7:48 AM
Monday, June 15, 2009
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.
Copy to : -
Hon’ble Prime Minister of India.
Hon’ble Vice President of India .
CEO, Prasar Bharati
Cabinet Secretary, Cabinet Secretariat, Govt. of India.
CVO, Prasar Bharati
All DDGs .
Posted by PSWA of AIR and Doordarshan (Regd.) at 9:51 AM
Tuesday, May 12, 2009
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.
Posted by PSWA of AIR and Doordarshan (Regd.) at 9:24 AM
Saturday, May 2, 2009
Posted by PSWA of AIR and Doordarshan (Regd.) at 10:24 PM
Wednesday, April 29, 2009
Section : S-I(B)
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)
Broadcasting Corporation of India
Directorate General: All India Radio
Parliament Street, New Delhi
Dated 29TH April, 2009
Dy. Director of Admn. (P)
Station Director, AIR, New Delhi with the request to have this message announced immediately twice a day on 2 consecutive days.
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
Shri L. P. Yolmo
Shri J. L. Sikdar
Shri D. P. Jatav
Shri S. P. Goverdhan
Shri G. C. Suklavaidya
Shri G. Jayalal
Shri Shiv Kumar
Smt. Roseline Lakra
Shri N. C. Deb Barma
Shri K. C. Sharma
Shri Girish Chandra
Shri B. R. Pantulu
Shri T. K. Sen
Shri M. Mahirchandani
Ms. Mukta Shukla
Shri G. S. Grampurohit
Shri H. S. Walter
Shri Harishikesh Pani
Shri S. N. Mishra
Smt. Durga Bhaskar
Shri B. K. Sarkar
Smt. Shukla Wadhwani
Shri G. S. Srikishnan
Shri H. C. Sharma
Shri B. L. Sopori
Shri N. G. Das
Shri C. D. Sinha
Shri J. T. Jirdo
Shri N. M. A. Kampti
Shri E. S. Sundaramurthy
Shri M. Bandopadhyay
Shri S. K. Sanyal
Shri Avinash Sarmandal
Smt. V. Santhanamurthy
Shri Vinesh Antani
Shri S. K. Roy
Shri Gulab Chand
Shri R. N. Jha
Shri C. K. Mothey
Shri T. K. Sharma
Shri K. Naik
Shri A. K. Padhi
Shri A. R. Hardikar
Shri Jatinder Gupta
Shri U. K. Das
Shri Shankar Lal
Shri M. R. Kamble
Shri H. T. Karande
Shri A. F. Sheth
Shri G. R. Chapalkar
Shri B. R. Rai
Smt. T. Angmo
Shri Abdul Khaliq
Shri S. S. Sharma
Smt. V. K. Kwatra
Shri H. R. Krishnamurthy
Shri Jayant S. Erande
Shri V. M. Trivedi
Shri P. P. Solanki
Dr. J. K. Das
Shri S. N. Bahera
Shri K. B. Gopalan
Smt. Aparna Vaish
Shri Ram Kumar
Shri Shyam Mohan
Shri A. K. Sen
Shri Tashi Anodus
Shri R. G. Narula
Shri H. S. Rawal
Shri B. J. K. Sharma
Shri Naba Kumar Singh
Shri S. K. Bose
Shri V. K. Godkhindi
Smt. Karuna Srivastava
Shri M. N. Borthakur
Shri Mehmood Hashmi
Dr. G. L. Bihal alias Gangesh Gunjan
Shri R. Viswanandham
Shri J. N. Tudu
Shri H. C. Verma
Shri Livistone Moses
Shri E. W. Dkhar
Shri G. N. Chaturvedi
Shri Y. P. Sharma
Shri N. K. Sharma
Smt. K. S. Nirmala Devi
Smt. Minakshi R. P. Mishra
Shri S. K. Upadyay
Shri H. S. Batalvi
Shri Srikant Das
Shri G. H. Zia
Shri Brij Raj Tiwari
Smt. Indu Bhai Ramesh
Shri A. D. Adwadkar
Shri F. M. Kasana
Shri R. Moongrey
Shri A. K. Rej
Shri H. M. Khan
Kum. K. T. Meshram
Shri S. K. Chatterjee
Shri K. D. Gupta
Shri P. Krishnaswamy
Shri J. C. Mishra
Shri P. K. Mitra
Smt. Jayanti Purkayastha
Shri G. B. Aladakatti
Dr. U. B. Mishra
Dr. M. C. Shah
Shri I. K. Nirala
Shri R. R. K. Shree
Shri A. T. Dhumbre
Shri Prince Jai Singh
Shri K. S. Unni
Shri Jwala Prasad
Kum. Priya Kapur
Shri B. R. Nirbhavane
Kum. Deepa Chandra
Shri A. K. Basumalik
Smt. R. P. Namboodiri
Smt. V. Ramani Sanwal
Shri Mohd. Ashroof Lone
Shri F. M. Khan
Shri Sirraiuddin Qureshi
Shri V. H. Bhamare
Shri S. K. Dasgupta
Shri T. K. Raghavacharyulu
Shri Nalla Thampi
Smt. Nimmi Gupta
Shri B. K. Mohanty
Ms. Saba Zaidi
Kum. Sehzadi Simon
Shri Rajam Sabharwal
Shri S. V. Sharma
Shri M. S. Naik
Shri M. N. Sharma
Shri V. S. Pansare
Shri V. K. Kapoor
Shri Kabir Ahmed
Shri M. Sasitharan
Shri S. Ravidas
Shri A. B. Deshpande
Smt. Kamalini Dutt
Shri Vijaya Kumar
Shri Abhiji Dasgupta
Shri A. N. Sen
Shri A. K. Chakraborty
Shri S. H. Paul
Smt. Meena Vaishnavi
Smt. Sarvat Sanjar
Shri Zafar Ahmed
Shri G. S. Gunthey
Shri J. N. Mukherjee
Kum. Bhakit Prabha
Shri Majzur -ul-Haq
Shri S. S. Rehman
Smt. Jyoti Vyas
Smt. S. B. Kalra
Shri S. C. Dutt
Smt. Vimal Issar
Shri B. Y. Bhatkar
Shri A. P. Sharma
Shri S. N. Dhir
Shri Chamman Bagga
Shri Kumud Nagar
Shri P. N. Verma
Shri V. N. S. Bhatnagar
Shri B. L. Awasthy
Shri G. S. Sharma
Shri Manohar Pingle
Shri Kuber Dutt
Shri B. Adhikari
Shri A. K. Mohanty
Shri D. K. Nath
Shri Jaggannath Bose
Shri B. A. Badgami
Shri G. D. Ghosal
Smt. Jutika Dutta
Shri P. K. Saha
Shri S. S. Royghatak
Shri Manbir Singh
Smt. Indrani Roy
Shri J. L. Zuthsi
Shri Mohd. Shamim
Shri Peer Mohamed
Shri S. Perumal
Shri R. N. Felix Paul
Shri S. Bhaskar
Smt. Yamuna Subramaniam
Smt. V. M. Joglekar
Shri N. C. Guha
Kum. K. S. Hemlatha
Shri Ahmad Jalees
Shri Iqbal Majeed
Shri S. C. Bose
Shri Nand Bhardwaj
Smt. Avinash Yashpal
Shri G. M. Shirhatti
Smt. Neeraj Vohra
Shri M. J. Sahil
Shri R. C. Bhakri
Shri Yog Bata
Smt. Bani Ghose
Shri P. L. Handoo
Shri R. R. Mishra
Shri M. C. Rajkhowa
Kum. Sita Nanda
Shri D. L. Hakoo
Shri Amlendu Sinha
Shri N. Rajagopalan
Smt. Ved Sinha
Shri C. L. Asnani
Shri G. R. Bhatt
Smt. Sudha Gupta
Shri R. Chatterjee
Smt. Shamim Ismat
Smt. Q. W. Thakur
Shri S. Inder Kumar Singh
Shri S. K. Sawhney
Shri Santosh Misra
Shri S. K. Sane
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Posted by PSWA of AIR and Doordarshan (Regd.) at 7:16 AM
Sunday, April 26, 2009
Friday, April 24, 2009
Posted by PSWA of AIR and Doordarshan (Regd.) at 11:27 PM