LETTER TO THE DEPARTMENT FOR CONTINUATION OF THE MEMBERSHIP OF THE ASSISTANT

No. 2/Assn/GS/2010 Bhopal, dated 29/10/10

To

The Director (Admn-III),
Min. of Statistics and Programme Implementation
Sardar Patel Bhawan,
Sansad Marg,
New Delhi-110001

Sir,

Sub: De-recognition of the Service Association – regarding-

We solicit your kind reference to the Ministry of Statistics & PI OM No.12011/4/2009 Adm.III dated 29-10-2009 whereby this association has been asked to seek fresh recognition as the Department has changed the categorization of Associations in consonance with the guidelines issued by DOPT vide order No.11012/7/2008-Estt(A) dated 09-04-2009. Further, FOD, NSSO vide O.M.No.B-12020/2/2010-JCM dated 03-09-2010 has informed that the undersigned, who had been democratically elected as General Secretary of this Association is not entitled to continue to function in that capacity as he has been promoted as Assistant with Grade Pay of Rs.4200 which has become a post to be classified as Group B Non-gazetted. In this connection, we may submit the following for your consideration.

1. Even though the post of Assistant in PB2 with Grade Pay of Rs.4200 is to be classified as Group .B – as per DOPT O.M.N0.11012/7/2008-Estt(A) dated 9.4.2009, the post continues to be a group C post, as the Recruitment Rules is yet to be amended and notified. Since the Recruitment Rules are framed and notified under Article 309 of the Constitution, the same cannot be altered by any executive instructions issued by the Ministry. In that view of things, the undersigned though promoted as Assistant, is still a group C employee and is entitled to be a member of the All India Association of Ministerial Staff (Group C) and accordingly can act as its General Secretary legally.

2. The O.M. in B-12011/4/2009-Adm.III dated 29-10-2009 of the Ministry of Statistics and Programme Implementation has categorized Ministerial Staff Group B and Ministerial Staff Group C separately and have advised the employees to form separate Associations. Since the recruitment rules are not amended, no union for Ministerial Staff Group B can be presently formed. This apart, it is stipulated in the O.M. dated 09.04.2009 that any department, who would like to deviate from the guidelines can do with the specific approval of the DOPT. Therefore, the OM of the DOPT in this regard is not to be applied mechanically but has to be abided with specific requirements of each department. In this connection, we may bring to your notice that in the Railways even posts carrying grade pay of Rs.5400/- are categorized as Group C. Besides categorization for the purposes of recognition of Service Associations has no nexus with classification of posts but all the cadres are grouped having common interest. Once the categorization has been made, it need not or must not undergo any change unless the duties and functions of the cadres are changed having reference to the change in the functions. There had been no change in the duty list of Assistants up till date nor have their functions undergone any change. Therefore, the OM revising the categorization was not only warranted by also untenable. This part, the department did not undertake any consultation with the recognized Association before they chose to effect changes in the character and composition thereof either bilaterally or in the form of JCM, not were they given an opportunity to present their views in the matter at any point of time even informally before the OM was issued.

For the detailed reasoning adduced in the foregoing paragraphs, we request you to kindly withdraw the OM No.B12011/4/2009-Admn.III dated 29-10-2009 and allow the employees who are in PB2 with Grade Pay of Rs.4200 to continue to the Members of All India Association of Ministerial Staff(Group C).

Thanking you,

Yours faithfully,

(T.K.R.Pillai)
General Secretary

Copy to: Shri K.K.N. Kutty, Secretary General, Confederation of Central Government Employees & Workers, New Delhi.

(T.K.R.Pillai)
General Secretary