Thursday 13 August 2015

TASK FORCE REPRESENTATION ON JWM SENIORITY

Kindly see the taskforce representation on behalf of NDGBGOA.Itwas submitted to Chairman Task Force chairman Sri S.K.Singh,Dir/IR on 11.08.2015 after meeting.
Jaigopal Singh
General Secretary.

To,
The Chairman
Task Force on JWM Seniority

Sub: Representation on anomalies in JWMs seniority List

Ref: Task Force Meeting on 10.08.2015 under the Chairmanship
of Shri SK Singh, DIR/IR at OFB, Kolkata

Kindly refer to discussions held during the Task Force Meeting cited above. As per the discussion, as Task Force members, we submit the following for correction in revised seniority list of JWMs as on 01.01.2014, which was published on 18.11.2014. Documents in support of our representation are enclosed herewith for reference.

As per SRO 182 (for Group B officers published on 9th Oct 1996), the recruitment rules states “25% by promotion on the basis of Limited Departmental Competitive Examination, failing which by direct recruitment”.  Till date Ordnance Factory Board has not followed the same strictly for recruitment of DR JWM. Many times (2010, 2011, 2012) without conducting LDC exams, DR JWMs have been inducted. There is no vacancy distribution register in NG Section for recruitment process.

Therefore the Seniority List of JWMs as on 01.01.2012 may be taken as final central seniority list. However, the minor discrepancies can be considered for correction based on individual representation.
Copy of SRO of Group B Officers attached.

 As per DOP & T order on seniority published on 4th March 2014, point  no. 5 (h) clearly stated that (after the Honourable Supreme Court Judgement dt 27.11.2012 Civil appeal no 7514-7515/2005) “ The above principal for determination of inter se seniority of direct recruitment and promotees would be effective  from 27.11.2012. The date of Supreme Court Judgment in Civil appeal no 7514-7515/2005 in the case of NR Parmar VS UOI & Ors.”.

Similarly, point No. 5 (i) clearly states that “ The cases of seniority already settled with reference to the applicable interpretation of the term availability, as contained in DOPT OM dated 07.02.86/03.07.86, may not be reopened.”

Therefore we suggest that the seniority of JWMs as on 01.01.2012 may be considered as settled.

Copy of the DOPT order No. 20011/1/2012-Estt.(D) dated 4th March 2014 is enclosed.

After Honourable Supreme Court order dated 27.11.2012 in  Civil appeal no 7514-7515/2005 in the case of NR Parmar VS UOI & Ors (the case was in Income Tax Department), the Principal Chief Commissioner of Income Tax Mumbai published an order on 4th June 2014 regarding seniority. In that order point No. 15 states that  “The existing inter se seniority position of direct recruits and promotees appointed as Inspectors of Income-tax vide the final eligibility list dated 31.05.2014 is in order and is as per DOPT’s O.M. dated 04.03.2014. There is no case for revisiting as it has been fixed as per the available /implied interpretation of O.M. dated 07.02.1986 and 03.07.1986. The seniority already fixed in respect of direct recruits, in whose case the process of recruitment was initiated after 27.11.2012 would be altered and placed accordingly.”

Therefore OFB should also publish an order for seniority on the same line as the order of Income Tax Dept. Mumbai.

Copy of the order of Principal Chief Commissioner of Income Tax Mumbai order no. MUM/PR.CCIT/ADMN/2014-15 dated 4th June 2014
In the latest Seniority list of Chargeman published by OFB, clearly indicates the date of Chargeman Gr.I  by which the comparative seniority can be easily known. Therefor in the seniority list of JWM, one column should be made indicating the date of Chargeman Gr.I/AF by which it will have a clear view on seniority of JWMs.

Submitted please.


                                                        -sd-                 -sd-
Date-11.08.15                        (N NISHAD) (B M BARIK)
JWM/CFA   JWM/CFA
                                           TASK FORCE MEMBERS