PRASAR BHARATI
BROADCASTING
CORPORATION OF INDIA
DIRECTORATE
GENERAL: ALL INDIA RADIO
No.
4/6/2005 – S I (B)/Part New Delhi, the 16.04.2007
Sub: - Revision of Seniority List of Programme
Executives, Farm Radio Officer and Extension Officers of All India Radio and
Doordarshan circulated vide communication No. 4/6/2000 – S I (B) dated
16.07.2004 as sequel to directions of Hon’ble CAT, Principle Bench, New Delhi
in OA No. 789/2005 and Hon’ble High Court of Kolkata in Writ Petition No.
816/2005 – Regarding.
The
Seniority List of PEXs, Farm Radio Officer and Extension Officers of All India
Radio and Doordarshan as on 01.01.2004 circulated vide DG: AIR Communication
No. 4/6/2000 – S I (B) dated 16.07.2004 has been challenged in OA No. 789/2005
filed by Programme Staff Welfare Association and others before the Hon’ble CAT,
Principle Bench, New Delhi. The Hon’ble
CAT in its order dated 02.06.2005 passed in MA No. 1067/2005 in OA No. 789/2005
emphasized that before making actual promotion, DG: AIR will take into
consideration the letter of Ministry of I & B dated 25.04.2005. Further the Hon’ble CAT in its order dated
05.04.2006 in MA No. 2327/2005 and 454/2006 in the said OA also directed that
while deliberating on the issue due regard and consideration be given on the
decision by the High Court, Kolkata in WP (C) No. 816/2005 as well.
2. The
matter has been examined in the light of the following orders/directions of
Hon’ble CAT/High Court :-
(i) O.A. No. 104/86 filed by Sh. V. L.
N. Rao and others at CAT,
Jabalpur
Bench :
In O.A.
No. 104/86, Sh. V.L.N. Rao challenged the Order no. 4(50)/82-SI dated 16.03.82
promoting 7 TREXs to the Grade of PEX.
The Hon’ble CAT, Jabalpur Bench vide order dated 05.03.87 quashed the
All India Eligibility list of TREXs dated
31.12.82 issued by DG:AIR and held that the principle of continuous
officiation in a particular Grade as the most cogent and reasonable principle
for determining inter-se seniority in disputed cases. Further, it directed the respondent
to make further promotions to the post of PEXs subject to vacancies on the
basis of the revised All India Eligibility list of TREXs. Also, a special DPC may be convened to
consider the case of petitioners i.e. Sh. V. L. N. Rao and others similarly
placed officers who would have become entitle to promotions on the basis of the
revised All India Eligibility list of TREXs.
Furthermore,
it declared that no officers who has been already promoted as PEX on the basis
of the earlier Eligibility list like Sh. Vinod Mehta and Sh. M. M. Siddiqui
shall be adversely affected or reverted.
(ii) O.A. No. 1255/86
filed by Sh. P. C. Sen and others at CAT, Calcutta Bench:
In O.A. No.
1255/86, Sh. P. C. Sen and others challenged DG:AIR’s O.M. No. 5 (33)/79-SI dated
21.06.82 as their positions had been relegated. In this case, the Hon’ble CAT, Kolkata Bench vide order dated
14.07.87 struck down the said O.M. and directed the respondents to comply with
the direction of the CAT, Jabalpur Bench.
As per the directions of CAT, Kolkatta Bench in the case of Sh. P. C.
Sen and others, a special DPC was convened on 27/28.08.87 and 117 TREXs
including the petitioners were promoted to the post of PEXs vide order no.
79/87 – SI (B) dated 28.08.87 on the basis of the revised All India Eligibility
list of TREXs dated 27/28.08.87.
However, the seven persons already promoted to the Grade of PEX in 1983
were not considered in this DPC.
(iii) O. A. No. 671/87
filed by Sh. Debashish Gautam and others at CAT, Kolkatta Bench :
In O. A.
No. 671/87, Sh. Debashish Gautam and others challenged the exclusion of their
names from the revised All India Eligibility list of TREXs dated
27/28.08.87. The Court vide order dated
29.04.1988 held that the applicants are entitle to be included in the revised
All India Eligibility list of TREXs dated 27/28.08.87 as they were earlier
included in the said Eligibility list.
Also, the amendments to the Recruitment Rules of PEXs which came into
force 23.10.84 by which the Eligibility of five years was substituted by 8
years should not affect the petitioners as he was on continuous officiation to
the post of TREX from 1976.
Accordingly,
his name was included in the revised All India Eligibility list of TREXs as on
01.01.1982 was prepared and circulated vide this Directorate’s Memorandum No.
4(8)/87-SI(B)/SVII dated 02.08.1988 wherein the applicants name was included at
Sr. No. 234. On the basis of the
revised eligibility list a special DPC was convened on 22.11.1988 and 46 TREXs
were promoted to the post of PEXs vide order no. 137/88- SI (B) dated
28.11.1988. However, the applicant
could not be promoted as promotion was done on merit cum selection basis. Again, the 7 persons promoted in 1983 were
not considered by this DPC.
(iv) O. A. No. 33/99 filed
by Sh. B. C. Chatterjee at CAT, Kolkatta Bench:
In O. A.
No. 33/99, Sh. B. C. Chatterjee
challenged the seniority list of PEXs dated 07.10.98 on the ground that some
juniors in respect of their date of promotion to the Grade of PEXs were shown
above him in the draft seniority list dated 27.01.98. The Hon’ble Court in its order dated
23.08.2004 observed that from the earlier seniority list, the applicant was
senior to Sh. M. D. Samal, Sh. M. S. Siddiqui and Sh. V.L.N. Rao and directed
the authorities to reconsider the matter
with regards to inter-se seniority of the applicant vis-à-vis the
private respondent and maintain the inter-se seniority of PEXs.
(v) W.P. (C) No. 816/05 filed by DG:AIR
in the High Court of Kolkatta:
In W. P.
(C) No. 816/05, the department challenged the order dated 23.08.04 of the CAT,
Kolkata Bench in O. A. No. 33/99 filed by Sh. B. C. Chatterjee. The High Court
of Kolkata in its order dated 02.02.06 directed the applicant to comply with
the directions containing Para 12 of the Judgement of the Hon’ble CAT, Kolkata
Bench in O. A. No. 33/99. Accordingly,
a revised draft seniority list of PEXs was prepared and circulated vide
communication dated 10.11.2006 and calling for any objections therein.
(vi) O. A. No. 789/05
filed by Sh. Pramod Mehta and others at CAT, Principal Bench, New Delhi:
In O. A.
No. 789/05, Sh. Pramod Mehta and others has challenged the Directorate orders
dated 16.03.83, 28.08.87, 28.11.88 and 23.04.83 and also the seniority list of
PEXs circulated on 16.07.04. The Court
in its order dated 05.04.2006 directed the respondent that while deliberating
on the issue, due regard and consideration be given on the order of the High
Court of Kolkata in W. P. (C) No. 816/2005.
Then again, the Hon’ble CAT, New Delhi in its order dated 02.06.05
passed in M. A. No. 1067/2005 in O. A. No. 789/05 emphasized that before making
actual promotion, DG:AIR will take into consideration the letter of Ministry of
I & B dated 25.04.2005.
3. In
their letter dated 25.04.2005 the Ministry of I & B has made the following
observations: -
(i)
The names of junior persons who were promoted vide order dated
16.03.1983 were not included in the revised Eligibility List prepared in
compliance of the order dated 05.03.1987 of Hon'ble CAT, Jabalpur Bench in TA
No. 104/1986. Many of the juniors of
the 7 persons got promotion retrospectively which is against the direction of
the Hon’ble CAT.
(ii)
Only 7 vacancies were available upto 16.03.1983 when 7 persons were
promoted. The vacancies against which
117 persons were promoted retrospectively occurred prospectively. The direction of the Hon’ble Tribunal for
promotion of senior persons was subject to availability of vacancies. So, only 7 senior most persons could have
got promotion retrospectively and the remaining from the date of holding DPC or
from taking over charge of the post, whatever the case may be. But, this vital factor was ignored by DG:
AIR.
(iii)
Some junior persons have been shown as PEX w.e.f. 18.04.1983 whereas
their names were neither figured in the revised Eligibility List of TREXs nor
in promotion order dated 28.08.1987.
(iv)
On one hand retrospective promotions w.e.f. 18.04.1983 from TREX to PEX
were made against the prospective vacancies falling in promotion quota, whereas
on the other hand the persons directly recruited as PEX against the prospective
vacancies in DR quota have been appointed only from 1988 onwards. This is violation of instructions of
DOP&T.
4. The matter has been examined in the light of position
explained above and the Seniority List of PEXs, Farm Radio Officer and
Extension Officers circulated vide communication dated 16.07.2004 was
redrafted/recast and a draft seniority list of PEXs, Farm Radio Officer and
Extension Officers was circulated vide communication dated 10.11.2006 with
directions to submit any objections by 08.12.2006. As on 08.12.2006, objections were received from 97 officers (list
enclosed as Annexure I). After considering
the objections received, the draft seniority list circulated vide communication
dated 10.11.2006 is finalized on the principles as mentioned below: -
(a)
No change is
required in respect of the seniority of those who were promoted/recruited prior
to 1983.
(b)
Only 7 senior
most persons who figured in the revised All India Eligibility List and
recommended for promotion by the review DPC held in August 1987 have been shown
as DP 83, promoted w.e.f. 18.04.1983 at Sr. No. 100, 104, 108, 112, 116, 120
and 124.
(c)
From 1983 to
1987 there was no DPC but posts of DR quota were advertised in 1986 and hence
the PEXs belonging to direct recruitment of 1986 recruitment year have been
placed below 1983 PEXs and 1984 FROs enbloc.
(d)
The FROs have
been interpolated with them taking into account the date of regular appointment
in the grade.
(e) The FROs of 1984
has been placed enbloc below the DR of 1983 from Sr. No. 160 to 170 as there
was no direct recruit nor departmental promotee PEXs.
(f) The FROs of 1986
and 1987 has been interpolated with DR of 1986 in the ratio of 3:2 from Sr. No.
173 to 185 as there were no DP in the year 1986 and with DP 87 in the ratio of
1:1 from Sr. No. 384 to 392 as there were no direct recruit PEXs.
(g) Similarly, the
FROs of 1989 has been interpolated with DP 89 in the ratio of 1:1 from Sr. No.
941 to 945 and the remaining FROs has been placed enbloc above DP 91 from Sr.
No. 946.
(h)
As per the direction of CAT, Jabalpur Bench, a special (review) DPC was
held on 25/26.08.87 to consider the promotion of TREXs to the Grade of
PEXs. The DPC considered 131 persons
for promotion to the Grade of PEX in the order of selection cum merit basis and
117 persons were promoted vide order no. 79/87-SI(B) dated 28.08.87. Out of the 117 persons promoted vide order
dated 28.08.87, 7 persons has been placed in the vacancies of 1983 and 109
persons has been placed enbloc below
the DRs of 1986 at Sr. No. 385, 387, 389, 391 and 393 to 497 and their date of
regular appointment to the Grade of PEX has been fixed from the date of their
promotion order in the same order as their names appeared in the promotion list
of order dated 28.08.87 as they were promoted on the basis of vacant posts carried forward from 1984 to
1988. One person had declined
promotion.
(i)
A special (review) DPC was again convened on 22.11.88 to consider the
suitability of eligible TREXs on selection basis as per Rules against the
available vacancies meant for promotion from the cadre of TREXs to the Cadre of
PEX in terms of Judgement dated 29.04.88 of the CAT, Kolkata Bench in O.A. No.
671/87 read with the Judgment dated 05.03.87 of CAT, Jabalpur Bench in O. .A
No.104/86. The DPC recommended the promotions for 46 persons who were promoted
vide order dated 28.11.1988 and has been interpolated with the DRs of 1988 in
the ratio of 3:2 (one FRO and one DP) from Sr. No. 501 to 521 and DP upto 927.
The FROs have been interpolated with them taking into account the date of
appointment as has been done in the Seniority List of 2004. The date of regular
appointment to the Grade of PEX in respect of the 46 persons mentioned above
has been fixed from the date of their promotion order.
(j)
The date of
promotion of PEXs who were promoted in 1987 and 1988 have now been shown as
28.08.1987 and 28.11.1988 i.e. the date of issue of promotion order to avoid
any controversy. However, the names of all the 7 persons promoted vide order
dated 18.04.1983
has been included in this list and shown as DP 88 and promoted w.e.f.
28.11.1988.
(k)
The name of
Shri Debakar Sen (Sl. No. 637) and Shri Manoranjan Das (Sl. No. 641) have been
placed above the name of Shri M. D. Samal (Sl. No. 646) as per the direction of
the Hon’ble CAT, Guwahati Bench, Guwahati. Similarly, the name of Shri
Debashish Gautam has been placed at Sr. No. 642 as per the direction of CAT,
Kolkata Bench.
(l)
There has been
no direct recruitment after 1988 recruitment year. So the persons who were promoted thereafter have been placed
enbloc below 1988 Batch of PEXs as has been done in the seniority list of
2004.
5. The final revised seniority list of PEXs as on 01.01.2004
prepared on the principles mentioned above is enclosed herewith for perusal and
may be treated as final.
6. All the Heads of Offices of AIR Stations/Kendras of
Doordarshan indicated in the enclosed Annexure I are hereby requested to bring
the above to the notice of all the representationists and obtained their
signatures in token of their perusal of this communication.
7. Since all the representations have been carefully examined
in detail taking into consideration all the relevant factors, no further
representation regarding the enclosed final seniority list of PEXs as on
01.01.2004 will be entertained.
8. This letter alongwith the final seniority list (click here to download) is also available on AIR
website www.airhq.air.org.in
and can be downloaded there from.
-sd-
(A. R. Sengupta)
Dy.
Director of Admn. (P)
For Director General
Copy to:-
1.
All Heads of All India Radio Stations/Offices.
2.
All Assistant Directors (Programme)/PEXs in DG: AIR.
3.
DG: Doordarshan, (Shri P. K. Banerjee, Dy. Director of
Admn.) Mandi House New Delhi. It is
requested that the draft seniority list be circulated immediately among the
concerned officers working in Doordarshan.
4.
Ministry of I & B (Shri I. P. Mishra, Under
Secretary, BA (P)), Shastri Bhawan, New Delhi.
5.
The President, PSA, T&PES, New Delhi.
6.
The President
PSWA, 11, BH Annex, AIR, Delhi.
