Subject - Protest against the ensuing DPC for adhoc promotion of PEX/Equated categories to JTS of IB(P)s vide DG AIR letter no. 01/02/2015-SI(A)/Vol.VI/741 dated 23rd September 2019 being in violation and contemptuous in the light of Order dated 24.08.2016 in OA No. 2229/2009 with OA No. 242/2015/MA No. 1081/2015.
Respected Sir/Madam,
With due regard, I would like to draw your kind attention towards the letter no. 01/02/2015/S-I (A)/Vol.VI dated 23rd September 2019 issued by O/O the DG:AIR New Delhi wherein and whereby DPC is going to take place for the adhoc promotion of 124 PEXs/Equated categories to JTS of IB(P)s. In this context, it is humbly to bring to your notice that I am suffering from acute stagnation in my service progression even after putting in more than two decades of services. You are also wide aware that a case was filed before the Hon’ble CAT, Principle Bench, New Delhi vide OA No. 2229/2009 with OA No. 242/2015/MA No. 1081/2015 and the Hon’ble CAT PB, New Delhi vide order dated 24.08.2016 which was disposed of as per following direction:- Para No. 16- From the above narration, it would be seen that for whatever reasons, Production Assistants were appointed in Doordarshan which comes under Prasar Bharati under notified RRs under Article 309. The designation in the notification is Production Assistant. The same posts are included in the Amendment of 1993.
In fact, by proposing an amendment now including Production Assistants appointed after 1985 under the 1988 Rules, the Respondents clearly give the signal that they have no objection to open this channel as feeder channel for the applicant. This we say just to support that there are no technical difficulties in including the applicants. Para No. 17- We fail to see how having notified the RRs under Article 309, in 1988 the Respondents can now deny to recognize these recruits as Production Assistants. There is no way to distinguish these Production Assistants from other Production Assistants. The invention of the term Production Assistant (Technical) is clearly an afterthought. The RRs of 1988 don’t mention the post of Production Assistant (Technical). We are, therefore, convinced that the claim of the applicants is valid and they should be treated eligible as feeder cadre for the post of PEX.
The impugned order dated 7/8-01-2015 (OA 242/2015 & 31.07.2009 (OA 2229/2009) are quashed and set aside. The respondents are directed to issue fresh eligibility after considering the candidates of all the feeder posts including the applicants who occupy the posts of Production Assistant, Floor Managers and Proper Assistants for conducting DPC for regular/adhoc Promotion to the post of PEX. We fix a time frame of 90 days from receipt of a certified copy of this order for implementation of our directions. Accordingly, the ensuing DPC for granting adhoc promotion to 166 PEXs/Equated categories to JTS of IB(P)s before implementation of the Order dated 24.08.2016 in OA No. 2229/2009 with OA No. 242/2015/MA No. 1081/2015 will adversely affect my due promotion. Under the foregoing facts and circumstances, I am registering my strong protest against the said ensuing DPC and am humbly requesting for your immediate intervention into the matter for the cancellation of said ensuing DPC to avoid further litigation. I also requested you to issue suitable direction of the implementation of the above order dated 24.08.2016 so that I may get my due promotion. For this act of kindness, I shall be obliged forever.
Yours faithfully
Respected Sir/Madam,
With due regard, I would like to draw your kind attention towards the letter no. 01/02/2015/S-I (A)/Vol.VI dated 23rd September 2019 issued by O/O the DG:AIR New Delhi wherein and whereby DPC is going to take place for the adhoc promotion of 124 PEXs/Equated categories to JTS of IB(P)s. In this context, it is humbly to bring to your notice that I am suffering from acute stagnation in my service progression even after putting in more than two decades of services. You are also wide aware that a case was filed before the Hon’ble CAT, Principle Bench, New Delhi vide OA No. 2229/2009 with OA No. 242/2015/MA No. 1081/2015 and the Hon’ble CAT PB, New Delhi vide order dated 24.08.2016 which was disposed of as per following direction:- Para No. 16- From the above narration, it would be seen that for whatever reasons, Production Assistants were appointed in Doordarshan which comes under Prasar Bharati under notified RRs under Article 309. The designation in the notification is Production Assistant. The same posts are included in the Amendment of 1993.
In fact, by proposing an amendment now including Production Assistants appointed after 1985 under the 1988 Rules, the Respondents clearly give the signal that they have no objection to open this channel as feeder channel for the applicant. This we say just to support that there are no technical difficulties in including the applicants. Para No. 17- We fail to see how having notified the RRs under Article 309, in 1988 the Respondents can now deny to recognize these recruits as Production Assistants. There is no way to distinguish these Production Assistants from other Production Assistants. The invention of the term Production Assistant (Technical) is clearly an afterthought. The RRs of 1988 don’t mention the post of Production Assistant (Technical). We are, therefore, convinced that the claim of the applicants is valid and they should be treated eligible as feeder cadre for the post of PEX.
The impugned order dated 7/8-01-2015 (OA 242/2015 & 31.07.2009 (OA 2229/2009) are quashed and set aside. The respondents are directed to issue fresh eligibility after considering the candidates of all the feeder posts including the applicants who occupy the posts of Production Assistant, Floor Managers and Proper Assistants for conducting DPC for regular/adhoc Promotion to the post of PEX. We fix a time frame of 90 days from receipt of a certified copy of this order for implementation of our directions. Accordingly, the ensuing DPC for granting adhoc promotion to 166 PEXs/Equated categories to JTS of IB(P)s before implementation of the Order dated 24.08.2016 in OA No. 2229/2009 with OA No. 242/2015/MA No. 1081/2015 will adversely affect my due promotion. Under the foregoing facts and circumstances, I am registering my strong protest against the said ensuing DPC and am humbly requesting for your immediate intervention into the matter for the cancellation of said ensuing DPC to avoid further litigation. I also requested you to issue suitable direction of the implementation of the above order dated 24.08.2016 so that I may get my due promotion. For this act of kindness, I shall be obliged forever.
Yours faithfully
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