Wednesday, October 13, 2010

DISCRIMINATION/DISPARITY OF RADIO MECHANIC

To,
THE DG BSF,
BLOCK NO-10
CGO COMPLEX,
LODHI ROAD
,
HQ DG BSF NEW DELHI-03.

(THROUGH PROPER CHANNEL)
Sub:-  REQUEST FOR OBSERVING DISPARITY IN PROMOTION OF COMMUNICATION STAFF IN THE POST OF ASI & SI AND TO OBSERVE COMMON SENIORITY FROM THE POST OF ASI FOR PROMOTION.
b)      REQUEST FOR ALLOTTING THE POST OF INSPECTOR (IT) TO RADI MECHANIC’S
c)       TO FILL UP THE POST OF AC(TECH) THROUGH PROMOTION FROM INSPECTOR (COMN)
d)      REQUEST FOR STOPPING MIDSTREAM DIRECT ENTRY ON THE POST OF SI AND INSPECTOR IN COMN AND  IT.
e)       JUNIOR SHOULD HAVE NOT PROMOTED BEFORE ELIGIBLE SENIORS IN COMN CADRE.
f)        REQUEST TO REPLACE ALL OPERATOR PERFORMING DUTY AS DEALING HAND IN COMN DTE WITH NEUTRAL MINISTERIAL STAFF.
g)      request to issue promotion order in order of regular service rendered IN THE grade or in order of seniority.
h)      Request to maintain transparency in the promotion inspector tech and place in the seniority list according to regular service rendered in the lower / feeder grade.
Respected sir ,
            With due apology I take this opportunity to approach your kind honors with veneration and humble supplication regarding great disparity / discrimination in the promotion Comn staff by making a pettifogging promotion policy through plausible capricious partiality . in this regard I take to lay down the following genuine repot for your kind consideration and for ameliorating the promotion condition of radio mechs by providing just and equal opportunity of promotion.
            That sir, I am explaining some example of recent promotion order issued by HQ DG BSF Comn & IT Dte New Delhi in respect of Radio Mechanics and Radio Operator.

FHQ COMN &IT Dte Sig No. C/2304 dated 19 August’2010
Promotion from ASI/RO to SI/RO
No
Rank
Name
Unit
Caste
D.O.P HC/RO TO ASI/RO
D.O.P HC/RO
861100112
ASI/RO
Shaitan Singh
62 Bn
Gen
27.01.2000
20.04.92
860210157
ASI/RO
Vinay Kumar
SHQ SLC
Gen
11.02.2000
20.04.92
B)   FHQ COMN &IT DTE SIG NO C/2301DATED 19 AUGUST2010
Promotion ASI/RM to SI/RM                                                                                    as ASI/RM                 as HC/RM
861100176
ASI/RM
Pramod Kumar
130 Bn
Gen
5.05.1993
10.08.89
870003079
ASI/RM
Ateshyam Ali
SHQ ABR
Gen
5.05.1993
10.08.89

            It will be illogically to think that a junior, who is drawing the less Band Pay and Grade Pay and holding and wearing same Rank, supercede his eligible senior of approx 7 years within the same Comn cadre, cannot be justified under any pretext. In this connection refer Govt of India, Deptt of pers & trg O.M No. 35034/7/97-Estt (D) dated 8th Feb 2002 in which all departments were requested to take immediate steps to amend the service / recruitment rules of various services / posts / grades, bring them in conformity with the above decision of the Govt . in this regards also refers DOP&T O.M No. 35035/7/97_Estt (d) dated 16th Feb 2005 and DOP&T OM No. 35034/7/97 –Estt (D) dated 15th sept’2005 as per the above guideline there should not be any super session in promotion to a higher post and Govt not to permit super sessions in promotions. The non observance of guideline of the DOP&T on the subject will lead to lack of uniformity in framing of service rules and provide scope of different interpretations of the rules. There are 7 ASI/Ro and 7 ASI/RM and 01 SI/RO and 01 SI/RM in a BSF Battalion, the 40% vacancy of ASI/RM are available to the talented HC/RO, if suppose 100 vacancy of ASI/RO and 100 vacancy of ASI/RM creates then 140 post of ASI  is available for HC/RO and all post of cipher are also available for talented HC/RO through conversion,  If these talented HC/RO qualified departmental aptitude Test and successfully qualified a lond duration course of RM-III grade but superceded by those who failed to qualifiy the competition of RM, not justifiable. All radio mechanics may performing at several l places but no one Radio Operator is capable to repair HF / VHF sets , ss Eqpts , it Eqpts like printer , VDU, CPU, UPS, etc even DJL magneto phone , bty chargers, bty eliminators and even minor repair sent in Rm wksp on called radio Mechanics at BOPs.
            That sir, the authorization of NDRF is Inspector tech -02, SI/Rm-02, SI/Ro-20, HC/RO-28 which is incongruous, in the 9initial stage the requirement may be like SI/RO-01 and SI/RM-18, one per Dett for technical work during relief operation since sufficient operator were available below 35 years of age with every dett for operating the radio sets. SI/Ro have no technical experience in this connection the duty chart of HC/Ro, ASI/RO and SI/RO may also please be pursue. NDRF have requested for increasing the strength of Rdio Mech time and again during the visit of senior officers . the authorization of 20 SI/Ro in NDRF is just for speeding up the promotion of the operator category and also not in the national interest except wastage of money.
That sir, the repair  and maintenance of IT Eqpts  are being done by Radio Mechanics in all over BSF since initial stage. The post of inspector  IT should have given to Radi mechanics since SI/Ro have no technical hardware experience. Radio mech in the force are capable to under take repairs of all types of It Eqpts like CPU , Monitor, UPS etc .
            That sir, the post of AC(TECH) are lying vacant in approx all Bn which may be fill up by promoting the inspector (tech) / Comn employing promote AC(tech) as coy commander and GD coy commander on Comn duty after three month BSO course for which these officers have no experience since inspector (Tech) has his whole service technical experience behind him.
            That sir, midstream direct entry on the post of Si anD Inspector in Comn /IT should have not to be permitted otherwise existing employes in the department would nurse grievance of loss of there seniority due to other coming into mid stream.
            That sir, while giving promotion based on seniority, discrimination between the employ cannot be made, if it become impossible to adhere to the existing quota rule, it should be substituted by an appropriate rule to meet the need of the situation. The principle of rotation of vacancies between different streams to the eligible senior in the same rank will have to be followed and not general principle. The seniority will have its due place where the merit and suitability are approximately   equal. The application of different and unjustifiable standard for determining seniority violate article 16 of the constitution and eligible senior in the same rank can not scale march in order of seniority. Here I would like narrate one more example of great disparity with Radio Mechanics.
a.       FHQ COMN & IT DTE SIG NO.C/2303 DTD 19 AUG’10

Promotion from SI/RO to Inspr (Comn)                                                                      as SI/RO               as ASI/RO
802320038
SI/RO
Gyarsi lal
2nd NDRF
Gen
27.10.06
18.01.96
801320095
SI/RO
Bhim Singh
1st NDRF
Gen
27.10.06
18.01.96
79900030
SI/RO
Harbhajan Singh
2nd NDRF
Gen
27.10.06
18.01.96
780000029
SI/RO
Atma Ram
80BN
Gen
27.10.06
18.01.96
801120088
SI/RO
Pratap Singh
63 Bn
Gen
27.10.06
18.01.96

b)   FHQ COMN &IT DTE SIG NO C/2302 DATED 18 AUGUST’2010
Promotion from SI/RM to Inspr (Tech)                                                                   as SI/RM                      as ASI/RM
774880123
SI/RM
Jiwa Lal Sharma
Ftr SB
Gen
03.03.03
30.01.89
761001027
SI/RM
Tilak Raj
129 Bn
Gen
03.03.03
30.01.89

               It will be matter of great surprise that the above mentioned inspector Comn promoted from SI/Ro w.e.f 19th aug 2010 remains junior to me approx 26 to 28 years and they saluted to me 14 years being junior with in the Comn cadre. The above mention Inspector Comn were promoted to the rank of ASI on 18/01/1996 and I was promoted as ASI in may 1992 means 4 years prior to them. I was converted through a tough competition and imparted long duration technical course but now I was superseded by those who failed to clear the departmental test through 40% absorption. I ___________________ qualify the URM-I gde in 2003 and thereafter I was eligible for the promotion of Sub Inspector. But I was not considered for promotion they before junior got promoted and become my senior and my commander Inspector (Comn). The ASI/Rm 1993 still ASI but the ASI/RO of 1996 have promoted on two higher post i.e Inspector (Comn / Tech).
               That sir, here I would like to narrate the promotion policy of Subedar Comn mention at page No. 395 of BSF Comn manual.
Para 11 :-
                                 i.            Age nad education – no bar
                               ii.            Essential qualification – ssc 8 week
                              iii.            Promotion on proportionate basis as follows:-
a)       53 % from SI/RM
b)       47 % from SI/RO
para 12:- by promotion from SI (RM/RO) with three years regular service in the grade and SHAPE-I
            it is clear from above cited  paras that 53 % vacancy to SI/RM and 47 % vacancy must have available to SI/RO in the below mentioned manner suppose 100 vacancy created than :

1.
SI/RM
11
SI/RM
21. 
SI/RM
31.                                      
SI/RM
41.                                     
SI/RM
2
SI/RO
12
SI/RO
22. 
SI/RO
32.                                      
SI/RO
42.                                     
SI/RO
3
SI/RM
13
SI/RM
23. 
SI/RM
33.                                      
SI/RM
43.                                     
SI/RM
4
SI/RO
14
SI/RO
24. 
SI/RO
34.                                      
SI/RO
44.                                     
SI/RO
5
SI/RM
15.
SI/RM
25. 
SI/RM
35.                                      
SI/RM
45.                                     
SI/RM
6
SI/RO
16.              
SI/RO
26. 
SI/RO
36.                                      
SI/RO
46.                                     
SI/RO
7
SI/RM
17.              
SI/RM
27. 
SI/RM
37.                                      
SI/RM
47.                                     
SI/RM
8
SI/RO
18.              
SI/RO
28. 
SI/RO
38.                                      
SI/RO
48.                                     
SI/RO
9
SI/RM
19.              
SI/RM
29. 
SI/RM
39.                                      
SI/RM
49.                                     
SI/RM
10
SI/RO
20.              
SI/RO
30. 
SI/RO
40.                                      
SI/RO
50.                                     
SI/RO

And so on upto 100 but above mentioned policy insidiously interpreted and instead of rotation of vacancy , Comn Dte iniquitously permanently fixed the post. If 50 inspector Comn from RM side earned bad ACR/SR report and not promoted further but SI/RM and ASI/RM have earn excellent remark but their hard work become infructious and meaning less and they punished without any fault on their post which will breed indiscipline among supervisory staff which is antiquated and unjust doctrine since junour from operator trade will become senior. Article 15(1) and article 16(2) protect any discrimination article 16(4A) provide reservation in promotion for scheduled caste and schedule tribe the promulgation of present promotion policy which offend article 14 & 16 grossly unjust, illegal and void ultra vires and nonest in the eyes of law.
                        That sir, official staff deputed in Comn & IT dte should have to be replaced from neutral ministerial staff because the operator staff posted / attach in Comn & IT Dte are affecting and influence the ruling / policy consequently all ruling / policy lean / biased in favour of operators.
                        That sir, it has been noticed that promotion order not issued by considering the seniority / regular service rendered in the lower /  feeder grade and some time issue promotion order of radio Mechanic one or two days later than other categories , hence it is requested to issue promotion order in order of seniority.
                        That sir, it is requested to maintain transparency in promotion of inspector tech, and also correct seniority list of Inspector Tech. the SI/RM rendered more service in lower/ feeder grade , and were also drawing more Band pay + grade pay promoted later should have regain their seniority over earlier promoted SI/RO under quota rule, should have placed senior and SI/RO should have placed junior in the seniority list since the earlier promotion of SI/RO under quota rule does not confer upon him seniority over the promoted from SI/RM. The promotion of SI/RO based on quota rule not based on seniority of communication Sub Inspectors.
                        That sir, there is no any cadre review happen in BSF Comn setup as on date. The basic rank structure were Naik ?Ro in operator and HC/RM in radio Mech category, since after the Vth pay commission both these rank  redesigned and merge with the next higher rank the basic rank become HC/RO in operator category and ASI/RM in RM category. The Radio Mechanic trade is always senior and transcends to the radio operators. The pay scale and promotion prospect was also good and superior. For example:-

Naik /RO basic pay was 225/-
HC/RM Basic pay was 330/-
After IVth  pay commission
HC/RO basic pay 975/-
HC/RM basic pay 1320/-
Again re fixed  1200/- plus 90 /- spl pay


If you have a look at the recruitment rules, duty chart of SI/RO, ASI/Ro HC/RO work of both the category in the field and feed back from the field commanders, it is quiet evident that the RM category are much superior than these subordinate operators category in rank structure education qualification, training contnt, work experience and expose to other works. When any BSF battalion sent in I S Duty / operational duty, mostly Inspector from Rm side sent for dealing complicated technical situation, but not sent Inspector from operator side. It means Rm for working and operator only for occupying the post of SI and Inspector. Whether SI/RO may be compare with SI/RM and ASI/RO may be ASI/RM while SI/RM may perform the duty of SI/RO and ASI/RM can easily perform the duty of ASI/Ro and even performing the duty of I/C Comn store in all Sector HQ..
That sir, BSF have BFSR, LORRUS, SNVP, SIMROD, GPS, GIS Infrared a/ LASER based eqpt and in future more delicate / latest technology based Eqpts will be inducted in the force and formulation of new policy in communication with the rank of HC (Comn)  commonly not in the interest of the force but also not in the interest of nation.
                        That sir, BSF adopted ACP scheme in 1996 after Vth pay commission. The Comn Dte declared MR-Ist, RM-IIIrd, URM-IInd and URM-Ist for getting Ist financial up gradation only for Radio mech under influence of the Operators performing duties of the Babus in the Comn Dte due to which all Radio mechanics suffered a great financial loss since detailment for said course was done by the Comn Dte and they did’t detailed timely consequently all RM’s suffered a great financial loss of 3 increments permanently and suffered a  loss of approx  upto  6 lacs without any fault on their part. In another side Comn Dte modified the mandatory terms / policies in favour of the operators due to which no one operators suffered a such financial loss and not even a single paisa to a single operator on any rank.
                     That sir, the graduate RM should have allowed to appear unlimited departmental competition exam for the post of SI and AC, since their training, experience and knowledge will not go waste and may be utilized for the best advantage of the force keeping the induction of more technical, ss and operational Eqpts in the force .
                     That sir, the educational qualification, physical standard, medical etc approx equal for SI and AC direct entry except tough competition for AC but there is a tremendous different in the promotional, pay, and facility. The absorption quota available for operator may be increased from 40% to 60% and all talented, aware and hardworking operators may be converted to radio Mech trade. The idea for mixing all the trade through enrolment of HC (Comn) contrary to the national interest and irrelevant / digress to the ground reality.
                     That sir, a number of representations through various forms against this policy but all in vain all these application.
                     That sir, AC(Tech) must be promote from RM side in a battalion since he has deep technical experience behind his service keeping the induction of  more technical S S Eqpts and operational Eqpts available in a BSF Battalion. The direct entry officers remain in training / courses and remain under learning. In one of the battalion AC(Tech) from cipher side and inspector (Comn) from operator side whether both of these can provide technical supervision except permanently deploying Radio Mechanics on the Border so that their Technical vincimoetency  remain unnoticed before GD officers.
`                    that sir, a number of representation are floated through various forms against present promotion policy but all in vain. All application in this regard are also turned down by the Comn Dte. Now the condition is such worst that even 07 years junior ASI/RO are promoted to SI/Ro against ASI/RM those who are senior and eligible  with in one cadre and within same category ASI/RM of 1993 are still awaiting for their promotion to SI/RM where ASI/Ro of 1996 onwards have already been promoted to the rank of inspector Comn and placed on field unit. Now the question is raising to who salute whom and why? It is quiet embarrassing situation and it adversely affecting the overall performance and discipline of the force. Now the problem are understanding by our commanders at Comn &IT Dte and admitting the mistake but no remedy is available with them to minimize the humiliation and harassment of Radio Mechanics.
                     That sir through this letter I am requesting your kind intervention in this matter for a permanent solution and to address long terms grievances of RM category. For this the newly formulated vacancy of Inspector (IT) and SI(IT) for intranet prahari may please be allotted to RM Category at least for a partial compensation. It is a fundamental right fof a person against any type of discrimination the constitution of India is considered as on of the strongest strongest in the world, if the constitution can change through amendment for rectifying certain mistake then why cannot the policy which is mistakenly/ inference formulated by our department if the case is not deemed fit within your jurisdiction then we may please be permitted to go ahead to MHA and the department of Pers and TRG (DOP&T) Govt of India to rectify the problems before going to the honorable law of court as it is clear discrimination and violation of fundamental right, promotion policy and above all disciplinary related as we are working in uniform staff and salute is a must.
                     It is therefore requested to your kind honor to stop promotion of junior ASI/RO and SI/Ro in comparison ASI/RM and SI/RM with immediate effect and take action on all above explained point and do justice in national and public interest.
                                  Thanking you in anticipation.
Yours faithfully


No

Rank

Name

Unit


Dated _____/____’2010                                                                                  
Place :
Copy to :-
1.       Adv copy by post to DG BSF
2.       Adv copy by post to BSF redressal grievance cell HQ DG BSF New Delhi.
3.       File