To
The Secretary (Posts),
Dak
Bhawan, Sansad Marg,
New
Delhi-110 001.
No: - CHQ/POA/24/2021-23 Dated
25.07.2022
Sub:- DPC for promotion to the cadre of JTS Group A- reg.
Respected Sir,
This Association wishes to bring the case relating to abnormal delay in issue of Promotion order to the cadre of JTS Group A. The last promotion list pertaining to the year 2016 was issued vide Directorate memo No. 4-18/2015-SPG dated 23.05.2019 and since then the issue is pending and promotion list from the year 2017 is still pending.
The Association is also aware of the fact that there are various CAT/High Court cases pending against the said subject, but still in other cases [eg. PS Group B Exam cases, IP Exam Cases, AAO Exam cases etc] Department has taken various steps to handle the Court cases and simultaneously taken steps settle the cases on provisional basis pending finalization of the Court cases. But in the case of Promotion to the cadre of JTS Group A, the case is left for the disposal of the Court cases. If the DPC & LDCE process for PS Group B is completed every year, issues in seniority between DPC candidates & LDCE candidates will not arise. Now since DPC was completed every year and LDCE was conducted with accumulated vacancies for different years, seniority between both modes is now become a conflict in Court of Law. The only solution for this case will be to complete DPC process & LDCE process every year without any accumulation of vacancies.
Regarding the Court case relating to Seniority list of PS Group B officers, it is kindly submitted that, the first seniority list was issued vide Directorate letter No. 9-02/2013-SPG dated 16.09.2014 and later a draft seniority list was circulated vide Directorate letter No. 9-06/2020-SPG-II dated 15.06.2020. In the seniority list issued on 16.09.2014 the said letter also clearly states as to what basis the Seniority is fixed. It clearly states that, “Further, there were also some representations forwarded by Circles regarding inter-se-seniority of officers promoted through DPC & LDCE relying upon DoP&T OM No. 20011/1/2006-Estt(D) dated 03.03.2008 claiming that seniority of officers promoted through LDCE is to be fixed as per the “Year of joining” the promotional post and not on the basis of the “Recruitment Year”. All these representations stand automatically disposed on the light of DOP&T OM No. 20011/1/2012-ESTT [D] dated 04.03.2014 vide which it has been decided that DoP&T OM No. 20011/1/2006-Estt(D) dated 03.03.2008 is treated as non-existent/withdrawn ab inito”. From the above lines available in the seniority list, it is very clear that, the said seniority list issued on 16.09.2014 was also prepared based on the DoP&T instructions dated 04.03.2014 and the inter-se-seniority was fixed not based on year of joining the promotional post, but based on the “Vacancy year” alone. The same instructions are applied in the draft seniority list prepared by the Department and circulated on 15.06.2020. If the authenticity of seniority list prepared on 15.06.2020 is questioned, then the same question comes for the seniority list issued on 16.09.2014 also. And the list issued on 16.09.2014 does not include all the officers from all the modes of recruitment up to 01.01.2012.
We would like to emphasize that, many of our senior members who are working as PS Group B Offices since 2011 are still continuing in the same cadre without any promotion only due to the abnormal delay in finalizing the DPC for JTS Group A Cadre. It not only results in heavy financial loss [which is in recurring nature] to the members, but also results in heavy frustration and thereby affects the productivity in the field.
As per DOPT Order No. 2001 l/2/2019-Estt. (D) dated 13.08.2021, actual date of joining / appointment plays a vital role in finalizing the Seniority between various modes of recruitment, which will apply to cases initiated after 19.11.2019. This necessitates the promoted officers to join the promotional posts early so that, they are not put into unreasonable financial loss / seniority loss to them. Justice delayed is Justine denied.
Since JTS Group A promotion process is kept on hold after SLY 2016, many SSP Posts in the Circle are manned by Adhoc arrangements made by the Circles, for which different modes are followed by different Circles, which results in imparity in the adhoc promotion process between Circles. In few Circles, draft seniority list issued by Directorate on 15.06.2020 is followed considering the DOPT orders dated 13.08.2021, whereas few circles follow Seniority list issued by Directorate on 16.09.2014. This disparity is only because the adhoc arrangements are ordered by Circles and not by Directorate.
We request the Department to kindly take all possible steps to finalize the Court cases early and issue JTS Group A promotional orders early. If for compelling reasons, the same could not be implemented within reasonable time, the instructions issued by DOPT for issuing Adhoc appointments in case of delay in finalization of the promotion process may be followed so that, officers are not put into financial loss. As per the said instructions, if there are discrepancies in Recruitment Rules or Seniority list, Department is free to go ahead with Adhoc promotions subject to finalization of the cases.
Hence, we request the Department to kindly consider the case favourably considering the abnormal delay in the promotion process and take suitable action either to release regular promotion order or atleast Adhoc promotion order within a reasonable time line. This will elevate around 100 PS Group B officers to join in the next promotional post in JTS Group A and simultaneously increases promotional opportunities in all lower cadres as a chain reaction. This will benefit huge number of senior PS Group B officers for which the Association & the members shall remain grateful to the Department always.
Yours sincerely,
(Rajiv Kumar)
General Secretary
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