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Seniority/Eligibility List
  Section : S-I(B)
PRASAR BHARATI

 

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.

 

 

 

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