Friday, August 27, 2010

Interim Order passed by Kolkata High Court

Initially the case No. WPCT 261/2008 was placed as item no. 07 before the Honourable Judge of Bench No. 14 of Kolkata High Court. At the outset A.S.G. pleaded for hearing of the case as item no. 01 as agreed by the Honourable Judge in the last hearing. So the longest hearing started and after hearing the case an interim Judgement passed by the Hon’ble High Court. It was understood that the review DPC held on Setember- 2005 in Kolkata Zone ( giving effect of post based roaster from July 2002)is to be reviewed immediately and the effect of post based roaster is to be effected from 2nd July-1997, it appears that right after rectification of this review D.P.C. in the Kolkata Zone promotion order in different zones will be effected. Print copy of the judgment is yet to reach our hand.

18 comments:

Sreedhar said...

Now at last the gods (High Court) answered our prayers. But when will the priests (CBEC)offer the prasadam is the biggest question?

Sreedhar

madhu said...

Dear sreedhar, so v have at last climped one step. Now the question is when the Calcutta people conduct the review DPC giving effect right from 1997. upon that only the board could perhaps give directions to the respective ccs to release the promotion orders. Now the next task probably could be, let our brother officers at calcutta pressurise the officers at calcutta to do the work fast and at the same time the association could pressurise the board to give necessary directions to the concerned ccs to effect promotion orders immediately which is already delayed....Any way this is the result of thousands of officers' pray for long and the so called GOD has heard it...

K. Paul said...
This comment has been removed by the author.
Koshika said...

Now that the Major objective of getting the stay vacated, has been achieved..... Next logical step would be pursue the conducting of review DPC, while pesuading the Board to direct the CCAs of other Zones to keep the Orders ready in their zones and to issue the same immediately, after the Kolkata Order. This way, further agonising wait can be shortened to some extent...... Total devotion of the Kolkata brethern and the Office Bearers of Association at the highest level....is the need of the hour..... Are we game for the challenge...?

chowdhary said...

ccs should be pressurised to proceedwith promotion orders

rnair said...

Whats the harm in issuing adhoc promotions? The issue of Seniority can be decided after the review DPCs, but the association should pressurise the Board to instruct the CCAs to conduct DPCs and issue adhoc promotions.

rajaguru said...

Please state whether the review DPC is to be conducted from 1997 or 1995?
What are all the cadre controlling Zones where injustice meted out to SC/ST officers? Who is benefited from the decision of Kolkatta High Court? Will there be any reversion for anybody? Is the dispute over or there will be next round of litigation in the Apex court?

An unbiased comprehensive analysis of the issue is the need of the hour.

N. BALRAJ said...

Koushik and Arun ji,
I think we have to address the Board to get retrospective effect (01.07.2010 as done every year) of our promotions. This should be clearly spelt out by the Board in the letter issued to CCs directing to conduct/release the DPC orders. So this should be given top priority and letter/persuation done at Board level to see that we dont loose our seniority on promotion.

culprit said...

Now the moot question is - how long Kolkatta commisisonerate take to conduct review DPC as ordered by the Kolkatta High Court.

Singh said...
This comment has been removed by the author.
Mohammed said...

please press the board to issue instructions to all the cc's immdly to conduct dpc and issue the orders.

jitender said...

Since anomaly exists only in calcutta zone, therefore board should be impressed upon by Inspector's as well as by Superintendent's associations to withdraw its letter dated 23.3.2010immediately, wherein it has restrained all cader controlling authorities to conduct promotions in their respective zones.Review DPC by Kolkata zone may take time, and it would be a type of notional stay on promotions if the other zones have to wait till the conduction of DPC by Kolkata Zone. The Adhoc promotions in the grade of Superintendent must be held in all the Zones by 30.8.2010 invariably.I hereby exhort all the officers who are due for promotion in respective zones to exert optimum pressure through their cader controlling authority on Board to allow adhoc promotion on 30.8.2010 itself as per existing guidelines of DOPT.

Singh said...

The letter dated 23.3.10 of CBEC have called for comprehensive report from all CCAs regarding officers likely to gain or lose seniority.

There should not be any confusion or delay as matter is in the knowledge of all CCAs regarding promotions in the event stay is lifted.

Our Chairman is a learned man. He must have passed internal directions as regards DPC.

Everything will be clear by Monday afternoon. Till then, we have to keep patience.

chowdhary said...

arey yaar nothing is going to be done by the end 2010

rajesh said...

dear all
i am happy to see that the stay have been vacated, it should have been vacated much before, i put forward this very question whether the order of dopt on 10th of August is justified. Dont you think that the order dated 10th of August is incorrect. The Board has issued it against the land of the law, against constitution. In the Saberwal case it has been categorically clarified that the order will have prospective effect from the date of pronouncement of judgement i.e from 1995. But Board after much dilly dallying passed an ambitious order in 1997 wherein it was stated that that the Saberwal case should be followed, NO SPECIFIC DATE WAS MENTIONED. Since the dopt oder was issued on 1997 all the CCA Zones started it to implement from 1997, dont you think the demand from 1995 is justified. Can anyone clarify on this matter.
regards

Jiwan said...
This comment has been removed by the author.
RAM said...

It is incorrect Mr.Jidinter. It also persist in Chennai CCA, who inter alia reported that 62 SC officers were prtomoted on their own merit but no action was inititaed by the Chennai CCA in respect ofthe Board's letter dated 15/17.7.2009 directing all the CCAs to initiate action for eliminating the merit in the lines of Hon.Supreme Court's decision in the Pushparani Case.

Is it justified?

To my knowledge, Rajaguru is spilling poinsion on all SC officers. I feel he neglect the SC officers to the core which is ludicrous but I am abashed to tell this to Rajaguru. The version of Rajaguru is aberrant.

Before passiong any comments, all should understand the ground situation and Hon.High Court has not given blanket permission to Board to go ahead with the DPCs. the Board should ensure that before convening the DPC, the DOPT OM dated 10.8.2010 is complied with. otherwise another set of litigation will start.

rajesh said...

DEAR RAM
DONT YOU THINK THE OM DATED 10.8.2010 IS UNCONSTITUTIONAL AND AGAINST THE LAW OF THE LAND. IN SABERWAL CASE, THE DATE OF PRONOUNCEMENT OF JUDGEMENT WAS 1995 AND WE ALL KNOW THAT PROSPECTIVE EFFECT IS GIVEN, THEN WHY NOT 1995 SHOULD BE THE APPROPRIATE DATE SIR, PLEASE GIVE YOUR VALUABLE OPINION
REGARDS