Friday, August 13, 2010
UPDATE OF CALCUTTA HIGH COURT CASE on 13.8.2010
The case was heard today for about one hour. When the judge was about to deliver the verdict, the advocate for the petitioners has submitted an extra evidence, which is a letter from secretary DOPT addressed to National SC/ST Commission to the effect that they will issue a memo to implement roster from 1995 as per supreme court judgment. At this juncture the court ordered to make the letter official by submitting in the form of an affidavit. The matter is again postponed to the next week for judgment.
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24 comments:
Thanks for the update.
Great work Maybe we can expect something this month itself??
Shiva
dear sir,
thanks for the update but you have quoted it wrong...
"" the counsel for government has not submitted the letter from secretary DOPT addressed to National SC/ST Commission to the effect that they will issue a memo to implement roster from 1995 as per supreme court judgment.... the said letter was submitted by samiron roy and party.... so far i have gathered from my kolkata freinds ....i may be wrong sir as i got the information over phone, but please verify it from your source once again...
Dear Shri. P.V. Raju,
you are the right person. I will be thankful, if you can revive the matter contained in the case OA No. 180/06 for actual pay fixation from 1986 instead of notional fixation from 1996.
I am prepared to donate a sum of Rs. 10,000/- for the purpose of filing a case before the CAT, Hyderabad similar to that of the case filed in CAT, Cuttack. Now, we will specifically request the CAT to decide the issue instead of passing the ball to the Government. We will certainly win the case.
Thank you Sri. Rajesh for correcting me. I have now corrected the post after ascertaining the correct position.
Thank you
The only thing which requires clarity is as to who has been directed to make the letter official in the form of an affidavit ? Is it the petitioner or the defendant ? It is possible that this direction is issued to defendant, since it is a letter from the Govt. and the defendant is also the Govt. This point assumes signficance since the petitioner may not be in a great hurry to file such an affidavit since that would provide leverage to the court to lift the stay and on the other hand, if it is the Govt., then it is needless to say that we should pray our brethern in Kolkata to make that happen and soon..... God bless...
Dear rajaguru, thanks a lot for updating us abt the happenings in calcutta high court. Now a days fridays have lost its charm since it has been a practice that the case is getting adjourned for one reason or the other. I surely hope the honourable court would get convinced during the coming friday the mental agony that is being undergone by the inspectors whose legitimate rights are taken away by a segment of people who is playing the cards....and lift the stay..without keeping the case again for another friday...I also request the association to live up to the situation and put persistent efforts on the administration and see that adhoc promotion orders are issued as has been done by the chandigarh cc without wasting any further time irrespective of the court's verdict. As v all know if something has gone wrong i.e. only with regard to five regions.. other regions are simply bearing the brunt for no fault of them.in fact in these regions, orders should have been issued long back.. but nothing has happened. So please wake up and do something...and save the general category inspectors who are always falling prey to the whims and fancies of segment of officers who are enjoying all the benefits of the department because of the unique contitutional rights prevailing in our country....which cannot be changed overnight....
Dear P. V. RAJU,
As I have come to know about the Case WP.CT 261/2008, regarding the implementation of the Supreme Court Judgement of R.K.SABHARWAL Case- The judgement clearly states that if a Reserved category candidate competes and qualifies as General candidate and exercise an option only then he or she will be treated as General Candidate and his/ her position will be given to another Reserved candidate and He/She can hence forth be treated as only General Candidate and CAN NEVER CLAIM THE BENEFITS OF RESERVE CATEGORY IN HIS/ HER SERVICE LIFE. How is it going to be followed if this Judgement is made operational from 10.02.1995. Please Comment and Clarify as it seems that not only Us but the Department is also in dark on these very PERTINENT AND CAREER AFFECTING POINTS.
Dear Rajan
You are exactly correct. It is categorically defined in the judgment that the 'Post' and the 'Vacancy' are totally different. The reservation roster only has to be implemented to the 'Posts' created and not to the vacancies. The vacancies are to be filled up only with the candidates of that particular reserved category so that the ratio is maintained in a particular year. For example in a cadre of Supdt 100 posts are there and as per reservation it is filled up at the ratio 84:14:2 for A,B,C respectively, the ratio is to be maintained always. If 50 candidates retire/promoted from A and 1 from B, they should be filled up by respective candidates only and not as per roster. The idea is that at any given time there should be equal number of candidates as per roster. Now the dept has to prepare a roster from 1995 each year for the 'posts' created so far and maintain the ratio accordingly.
The R.K.Sabharwal Case can be downloaded from left panel.
What Mr Raju interprete is vacancy based roster. If you are correct, the concept of merit elimination would be nullified. Pl go through the recent office memorandum of DOPT, clarifying for merit elimination.
The crux of the issue of Samiran Roy case is only merit elimintaion.
If your logic is correct, at any point of time the SC officers will not execeed 15% of total sanctioned strength.
What you are saying is not correct. Please also read the Pushparani Vs UOI and the circular issued by our board on 15/17.7.2009, aftermath of the above judgement wherein it was clearly and categorically mentioned that th SC officers who are promoted on their own merit or seniority, such officers should not be adjusted against the post reserved for SC ST officers.
Further do you aware of the fact that CHennai CCA had admitted that they were not maintaining any PBR since 1997?
At the outset when i am congratulating for your efforts in the association matters, do bear in your mind that SC ST officers working in your Zone also the members of your unit of AICEIA and also deducting subscription and also DDOs certificate to renew the recognition.
Do not use the SC ST officers for couting their heads for your welfare also look after their welfare also.
With regards
Dear Ram
i have never commented on the merit candidates. Of course the merit candidates are not counted in the regular quota but, at the same time they will have to forgo the right of reservation. Any how this is only my personal view. I am not an office bearer, I am only maintaining this blog to serve the cadre of Inspectors as our Association at Hyderabad has betrayed the members. Please do not understand in any other manner.
Dear Shri. P.V. Raju,
you are the right person. I will be thankful, if you can revive the matter contained in the case OA No. 180/06 for actual pay fixation from 1986 instead of notional fixation from 1996.
I am prepared to donate a sum of Rs. 10,000/- for the purpose of filing a case before the CAT, Hyderabad similar to that of the case filed in CAT, Cuttack. Now, we will specifically request the CAT to decide the issue instead of passing the ball to the Government. We will certainly win the case.
Dear Karuna & Rajguru
Thank you very much for supporting me. I will definitely try to take up the issue of notional fixation from 1986. First let me take up the issue of 5400/- in CAT Hyd.
Dear Shri. PV Raju,
Let us insist before CAT that we want actual (not notional) fixation from 1986. We should file a case for all the issues before the CAT. This job should be done by the Association or by anybody having residence in the city where CAT is located. If anybody undertakes the job, I am prepared to contribute Rs. 10,000/- for EACH SUCH FILING of the case.
As of now, I honestly believe that Comrade P.Vigneshwar Raju seems to have the dynamism to achieve such tasks.
Dear Raju
you must be aware of the fact CBDT vide its OM F.o.12020/08/2009-Ad.IX dated 11.8.2010 has extend the benefit of reimbusrsement of Mobile Phone Charges to all employees (51000) in the (Income Tax) Department and also sanctioned laptops to all ITOs (of course on returanable basis- their union insisted for it on non-returnable basis.)
It could be seen from the minutes of the Quarterly Review meeting with the representatives of ITGOA and ITEF under the chairmanship of Chairam CBDT.
When CBDT is extending these facilities to its members, why cant we also demand for the same - providing of Laptops and reimbursement of mobile charges and also to convene or conduct a review meeting at the agreed interval?
We can also fight for our cadre cuase also along with for promotion etc?
the details are avaialble at irsofficersonline/officialcommuniqueitem.
With regards
Dear Raju
you must be aware of the fact that CBDT, vide its OM F.No.12020/08/2009-Ad.IX dated 11.8.2010, also under the Department of Revenue, Ministry of Finance - like CBEC, has extend the benefit of reimbusrsement of Mobile Phone Charges to all of its employees (51000) in the (Income Tax) Department and also sanctioned laptops to all ITOs (of course on returanable basis- though the unions insisted for it on non-returnable basis.)
It could be seen from the minutes of the Quarterly Review meeting with the representatives of ITGOA and ITEF under the chairmanship of Chairam CBDT.
When CBDT is extending these facilities to its members, why can't we, working in the same Department of Revenue (of course shame to tell), also demand for the same - providing of Laptops and reimbursement of mobile charges and also to convene or conduct a review meeting at the agreed interval?
We can fight for our cadre cuase also along with for promotion etc?
the details are avaialble at irsofficersonline/officialcommuniqueitem.
With regards
The case is again posted for tomorrow at Sl. No. 5. Is it clear that a verdict will come tomorrow? How ready are the CCA's in implementing the promotions as soon as the high court announces the verdict. Will the petitioners go on appeal if the decision is not favorable? Will the department go on appeal. There is a huge agonising gap between the cup and the lip. Please keep an update on the above case tomorrow. Shivkumar
DGCEI, Chennai 09444960167
dear shivkumar, i was also going through this blogs....let us keep our hopes alive for tomoro also,, having awaited for all of the past so many fridays... v need not get surprised if nothing is come through on this friday also... so let us be prepared for any eventuality. If the court gives the judgement in our favour..hopefully the promotion orders are ought to be out next week.. then also fixing of seniority problem arises.. how to fix the seniority... shall v get the order with retrospective effect i.e. from 1.7.2010 or v will be put below the chandigarh officers who are already stand promoted.... secondly if the courts turn down our promotion. for the present, then why cant the association wake up and at least pressureise the board to instruct the respective zones where there are no anomally instead of waiting for the out come which is not forthcoming....simultaneously the association activists could also pressurise the respective ccs to effect promotion orders atleast adhoc...in the present senario the affected officers are in great mental agony for the treatment i.e.meted out to them for no fault...association could also check up whether the chandigarh zone had any problem for promoting the officers there...i hope they have done the right thing .....kudos to chandigarh cc.....
Is chandigarh out of India ? I was not knowing it. if chandigarh c c can why not others. will the promotion come before cremation for the general candidates, who are languishing for last, i can't say years, but decades. it will be very interesting to know whether there is any other cadre in the whole world who remain in the same cadre for decades.... we can be very happy to enter into guinness book of records for that matter. kudos to everyone responsible for this.
Dear Madhu and Shivkumar
Fisrt of all pl understand and realise the ground position and the situation.
You may be aware of the fact that DOPT has issued an OM dated 10.8.2010 categorically specifying for the elimination of SC ST officers promoted on their own seniority.
Alraedy CBEC has also issued dirtection to all CCAs based on a judgement of Hon.Supreme Court of India in the case of PushpaRani Vs UOI, on 15/17.7.2009 for conducting review DPCs after the merit elimination process was over.
Some of the CCAs - like Chennai, Mumbai, Kolkatta- were not at all bothered to implement its own Board's instruction.
Do you feel to say that the above act correct? There is no meaning in finding fault with the aggrieved person.
Whenever there is any grievenec, it is natural to approach the lrgal forums for seeking redressal.
As you both are from Tamilnadu, it seems, one officer from SC category moved to the CAT for merit elimination and got order in the CAT. Dept filed appeal with the HC of madras but was dismissed.
The Dept slpt for over one year by not implementing the above judgement and hence he filed a contempt petition. At last with no other go, DOPT issed a OM. This OM has such a long history.
But you are teliing just to ignore the OMs and Court's order and to do favour to you the general category officers.
It is also to be noted that CAT DElhi also delivered such a judgement and the same was accepted by the Govt.
Just realise the factual position. Please go through the haoppenings in this matter, around you. Without knowing the factual position dont through muds on the others.
You can go on fast or strike to insist the department not to implement the Board's or DOPT's OMs and the HC/Supreme Court's order. It is your right.
But also think of the ground situation and factual position, in the interest of the Individuals, cadre as a whole and the Association's unity.
We are not trying to add a drop of poison in your feast but we also expect same from you all.
With regards
Ram.
In addition, we dont expect any type of special treatment. We insist for just to implement the OMs and other instructions alone.
Whenever any instructions affecting the interest of SC ST are issued, they were being implemented immediately like increase in petrol price but anything, can not be termed as favour, beneficial to SC STs are implemented after a long discussion or not at all implemented.
The officers are they who claims to be super sluths
Dear Ram, Sorry to hear very partisan views from you. Please tell me whether anywhere in my comments i have told about doing favor to general category officer or SC ST officer. I am only on deputation to chennai from Rajkot commissionerate in gujarat and i have a brother officer who is from ST and who is a very close pal of mine. In fact we both are very like minded. even he is suffering because of this stay.So that is that. i am very sorry if i have prodded a raw nerve any where. kindly forgive me for any unknown hurt or injury caused by me. I am very particular about not hurting anybodys' sentiments. Let us all join together in a common struggle and not separate in this hour of crisis. I think P.Vigneshwar Raju is doing a good job and only healthy discussions are the want of the hour. So Ramji once again i extend my apologies for any unknown folly that i may have committed.
Jai Hind
Dear Ram,
I feel that you should accepted this unconditional and a warm apology to bury the hatchet. There is no doubt that the need of the hour is to unite and fight for the disposal of the case which shall be in the interest of everyone, irrespective of the category he or she belongs to. Are we not human afterall ? Was there a world with caste /creed divide when the humnaity was born ? Let's speak on a broad canvas. Winning an argument may not mean much when considering that by agreeing to cease the argument we can acheive fantastic and unbelievable results. Why give it a try, while all the while we had been bickering and snatching and grabbing at each other on an issue which prudence spurns and reason discards.... Shall be make a new beginning....at least now and vow that we shall make any more slanderous remarks against anyone, in this blog..... Shall we...?
Dear Ram,
(MY COMMENTS ABOVE SHOULD READ AS BELOW, IN FACT.....SORRY ABOUT THE OMISSIONS....)
I feel that you should accept this unconditional and a warm apology to bury the hatchet. There is no doubt that the need of the hour is to unite and fight for the disposal of the case which shall be in the interest of everyone, irrespective of the category he or she belongs to. Are we not human afterall ? Was there a world with caste /creed divide when the humnaity was born ? Let's speak on a broad canvas. Winning an argument may not mean much when considering that by agreeing to cease the argument we can acheive fantastic and unbelievable results. Why not give it a try, while all the while we had been bickering and snatching and grabbing at each other on an issue which prudence spurns and reason discards.... Shall we make a new beginning....at least now.... and vow that we shall NOT make any more slanderous remarks against anyone, in this blog..... Shall we...?
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