Comments on the reply statement of the respondents against SRO violation case in OA 852 of 2013
1) As per SRO 227 OFB has to promote 50%
of AWM vacancies from the feeder grade ie JWM cadre from the year 2002. As
the same was not implemented in true spirit many JWMs retired from the
service with utmost dissatisfaction which is against the natural justice.
2)Honorable Judge passed interim order dated
26-06-2013, on recruitmentof AWM through UPSC Advertisement in this
OA number , even then theauthorities of OFB have taken actionagain
for filling the vacancies through UPSC and to this effect advertisement was
published in employment news dated 22-03-2014 by ignoring the interim
order passed by the Honorable CAT.
3) In the reply statement submitted to
the court, the respondents accepted that as per the recruitment rules 50% of the
vacancies to the post JTS is done by promotion from the post of Junior Works
Manager (Tech & Non- Tech) and 50% bydirect recruitment through UPSC.
4) Further mentioned that “ the rules
nowherestates that 50% of the vacancies are to be filled up by the direct
recruitment and the remaining vacancies by promotion as inferred in the para. As
a matter of factthe practice that is followed in this regard is that the total
number of posts are divided into direct recruits and promote in the ratio of
50:50 and vacancy arising out wastage from JTS promote is filled up by
promotion while those vacancies arising out iswastage in JTS direct recruits is filled
up by direct recruitment.”
5) The above contention of the respondent
is totally misguiding the Honorable court. As per the statement of the
respondent, 50% of the posts earmarked for promotion works out to 188 and 187
for direct requirement in terms of SRO227. The SRO 227 is in operation from
the year 2002. It means that these 188 posts earmarked for promotion should
have been filled by promotion in the year 2002. As per the Promotion
policy time bond promotion is operated from AWM (JTS) to WM on completion of 4
years of service as AWM. Had it been followed in true spirit then there
would not have been any anomaly.
6) The actual fact can be assessed from
the data furnished below.Manpower Inventory in IOFS as on:10/07/2014
Designation Sanctioned Actuals Deputation
Total Vacancies SC ST OBC P_CH MINORITY
DGOF - 1 1 0 1 0 0 0 0 0 0
MEMBER- 8 8 0 8 0 0 0 0 0 0
HAG - 11 5 0 5 6 0 0 0 0 0
SAG 224 217 12 229 7 32 13 0 0 7
JAG 492 358 47 405 135 66 20 50 0 10
STS 606 362 6 368 244 61 35 73 11 7
JTS(PRO) 188 169 0 169 115 54 25 62 12 10
JTS(DR) 187 227 0 227 -40 54 25 62 12 10
Total 1717 65 1412 213 93 185 23 34
NOTE; TILL DATE THE DETAILS OF 71 AWMS
PROMOTED ON 26-06-2014 WERE NOT MADE AVAILABLE IN THE COMNET.
a) Total number of Group- A posts = 1717
b) From total 1717 posts occupied by
promotees iS 262+71= 333
c) From the total 1717 Posts still vacant
= 401
d) From the total 1717 posts occupied by Directrecruitees
=1150
The above data is based on the
information published in OFB comnet as on 10-07-2014. The above will change from time to
time based on wastages/ induction.
7) Further, it is brought to the kind
notice of the honorable Court that prior to 2002 SRO number 8 was existing wherein it
was mentioned that 66.66% is to be filled by Direct Recruitment and the
remaining by Promotion from feeder grade. Further, the total number of
Group-A officer retired during the period
from 2002 to 2013 is mentioned below.
Total retired from OFB service = 2540.
Retired only from AWM = 1189 +
8) In addition to the above it is also to
the kind notice of the Honorable CAT that in para 13 of the reply statement of
the respondents it is denied that the vacancies arising against promotional
posts have not been carried forward.
Whereas in para11 the respondents
admitted that promotion quota vacancies for the year 2009,2010,2011,2012 totaling
76 numbers promotions were ordered vide OFB letter dated 12-07-2013. Which is
again a misleading
statement made by the respondents.
Further it is stated in para 11 that 200vacancies to be filled by promotion
from JWM are under process. Which is contradictory to the statement given in
para10.
9) In para 14 it is stated that the
procedure followed for Direct Recruitment and Promotion are very different. The
intention of the respondents in making such a statement is not known. No documentary
evidence has been produced. Further, the statement in this para14 is
contradictory to the guidelines issued
by DOPT in respect of promotion.
10) The statement relating to determining
of relative seniority is also false & misguiding which is evident from
the fact that nothing has been mentioned about the relative seniority of the 76
promotees, promoted vide OFB 381/ 4142/A/G dated 12-07-2013 since, as per
the statement of the respondents in para 11 the above promotions has been
ordered against the vacancies of 2009,2010,2011 & 2012.
11) From the above data it is clear that
1150 were directly recruited and only 333 were promoted from JWM to AWM which
is a clear violation of DOPT order and honorable court to order for
promotion of 1150 JWMs to AWM withretrospective effect which is as per SRO
227.
THESE ARE THE GENERAL POINTS SUBMITTED TO
THE ADVOCATE
AND THE OTHER 14 POINTS WERE NOT
PUBLISHED.
