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.
Tuesday, May 12, 2009
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