Central govt. harassment
Narendra Dev Majhwar
(Querist) 24 October 2012
This query is : Resolved
I would like to request your honour that to stop harassment from Administration & Directors NSI Kanpur, because the administration are not advertise one post of Jr. Technical Officer (ST) reserved for scheduled caste candidate which is lying vacant since 22.08.2006. Posts of Jr. Technical Officer (ST) which belongs to OBC & GENERAL candidate and has vacant since 01.04.2010 are advertised through UPSC, New Delhi in the January, 2012 in the Employment News and general candidate post are likely to be filled up by the UPSC.
Now you are requested to please provide us ruling & orders if any from CAT / High Court / Supream Court etc. against not to
advertise first the post Jr. Technical Officer (ST) which is reserved for scheduled caste since22.08.2012.
Thanks with all regards
Narendra Dev
Sudhir Kumar, Advocate
(Expert) 24 October 2012
has any general candidate been appointed on a post meant for reserved category?
Guest
(Expert) 24 October 2012
Are you really sure that the point of roaster reserved for the SC candidate is still unfilled? Please check the register of roaster maintained in the office and then come forward for help. You can also approach the SC/ST Commission, if you are sure that the post reserved for SC candidate is still unfilled.
Narendra Dev Majhwar
(Querist) 25 October 2012
Dear Dhingra Sahab,
I am sure that the post of JTO (ST) is reserved for SC Candidates since 22.08.2006, I have gathered this information under the RTI Act-2005 from department and also obtained the photocopy of Roster for promotion as well direct recritment quata. Department has compleating the proceedings of filling the post direct recriutment which is vacant from 01.04.2010 after SC vacancy.
Narendra Dev Majhwar
(Querist) 25 October 2012
Dear Sudhir Kumar,
No general candidate is not appointed against reserved catagory but reserved catagory still vacant, general vacancy is vacated after reserved post
Sudhir Kumar, Advocate
(Expert) 25 October 2012
You can represent to the commission. In 2008 there were some directions from DOPT to conduct SRD for such posts.
Deptt is required to submit periodic report to the DOPT indicating the date of vacancy and efforts made to fill the same. You canget the same unde rRTI.
Have you met the liaison officer for SC/ST who is just sipping tea in every DPC.
Guest
(Expert) 25 October 2012
How do you feel that post meant for ST category is reserved only for SC Candidate and on what account the post fell vacant since 22.08.2006, i.e., new post, retirement or death of the holder of the post?
Narendra Dev Majhwar
(Querist) 25 October 2012
Dear Dhingra Sahab,
I have asked from department under RTI - Act 2005 regarding all the post of JTO (ST)& department provide us the information under RTI and say that one post of JTO(ST) is reserved for Scheduled Caste comunity candidate since 22.08.2012. Two number of JTO(ST) post was vacated by the promotion of JTO(ST)to Asstt.prof.of Sugar Technology post in the year of 2009 & 2010 which was advertised through UPSC. The post vacant since 22.08.2006 was vacated by SC from SC Candidate by the promotion to the post of APST
yours faithfully
Narendra Dev
NSI/K
Guest
(Expert) 25 October 2012
If the department has already confirmed the post to be reserved for SC, you may not try to get information about the reason through RTI, why the post not advertised along with other posts for the purpose of filling up and why the same is being kept vacant for the last several years.
Narendra Dev Majhwar
(Querist) 29 October 2012
Dear sri Dhingra Sahab
Now I will submitt my request under RTI Act - 2005 to my department.
Guest
(Expert) 29 October 2012
Better, do that.
Narendra Dev Majhwar
(Querist) 18 December 2012
As per above case study, I have filed OA at Central Administrative Tribunal, Allahabad for filling the post of J.T.O. (ST) and I have granted stay on the basis of OA and requested to fill the first vacant first filled. Now our office is intrested to move the application for the stay vacation. Can office file the stay vacation application without notice to our advocate. Kindly suggest me .
Raj Kumar Makkad
(Expert) 18 December 2012
Stay cannot be vacated without hearing your advocate as OA has been filed by you.
Narendra Dev Majhwar
(Querist) 20 December 2012
Dear Raj Kumar Makkad Sir,
Thanksyou very much for giving me your valuable advice
Narendra Dev Majhwar
(Querist) 28 December 2012
Sub: Request to stop the harassment of Scheduled Caste Candidate by non filling the Posts of Junior Technical Officer (Sugar Technology) at National Sugar Institute, Kanpur – O.A. No. 1521/2012 filed by undersigned, because reserved vacancy was vacated earlier on 22.08.2006 than general vacancy vacated on 01.04.2011.
Respected Sir,
Undersigned would like to submit the following facts for the post of Junior Technical Officer (Sugar Technology) which is reserved for the Scheduled Caste candidate since 22.08.2006 at National Sugar Institute Kanpur, since Director, NSI Kanpur administration or even Ministry has totally anti for filling the Reserved (Scheduled Caste) post of Junior Technical Officer (Sugar Technology) at National Sugar Institute, Kanpur.
1. Undersigned belongs to Scheduled Caste Community and is working as Sr. Technical Assistant (Sugar Technology) since 18.12.2002 at National Sugar Institute, Kanpur before that worked as Technical Assistant (Sugar Technology) from 13.03.1996.
2. As per the recruitment rules for the posts of Junior Technical Officer (Sugar Technology) at NSI Kanpur dated 22nd May 2008 (copy enclosed) Annexure-1,the total number of sanctioned post is 07 (SEVEN) out of which 60 % from direct recruitment and 40% from departmental promotion.
3. As per the information received under RTI Act - 2005 by the undersigned from CPIO National Sugar Institute Kanpur dated 21st June 2012(Copy enclosed) Annexure-2 one post of Junior Technical Officer (Sugar Technology) is lying vacant since 22.08.2006 which is reserved for the Scheduled Caste Category Candidate by Direct Recruitment. Due to malafide intention against Scheduled Caste Candidate of NSI Kanpur administration as well as Ministry of consumer affairs Food & PD also, this post is kept in abeyance for revival without any reason.
4. As per the office memorandum No.7 (7) – E. (Cor-ord)/93 dated 3rd may 1993 (Copy enclosed) Annexure-3 in this OM it is clearly mentioned that post Reserved for Scheduled Caste / Scheduled Tribe candidate cannot be kept in abeyance & will not be applicable to the Reserved for SC/ST vacant for one year or more to the extent necessary for maintaining reservation quota taking in to account filled up general quota posts.
5. The requisition for post of Junior Technical Officer (Sugar Technology) lying vacant since 22.08.2006 which is Reserved for SC Candidate deliberately was not send for the consideration of advertisement for more than four year due to Reserved Post of Scheduled Caste.
6. The post of Junior Technical Officer (Sugar Technology) lying vacant since 12.08.2009 as per the RTI Information which is Reserved for the SC Candidate in promotion quota. Due to malafide intention DPC was not conducted since the post was Reserved (SC Candidate). The general post of JTO (ST) was vacated on 01.03.2011 there after O.A. No. 934/2012 (Copy enclosed) Annexure-4 was filed by Shri Mool Chand (SC Candidate) Sr. Technical Assistant (Sugar Technology) at this Institute, after that Hon’ble CAT Allahabad order dated 31.07.2012 the DPC was conducted and he is able to join for the post of JTO (ST) as on 22.10.2012.
7. Now, undersigned has come to know, that the Director & NSI Kanpur administration as well as concerned persons of Ministry of Consumer Affairs Food & PD also has interested to vacate the stay order against O.A. No.1521 dated 01.11.2012 first from Hon’ble CAT Allahabad and their after the candidate recommended by UPSC has able to join at this Institute as Junior Technical Officer (Sugar Technology).
In the above facts this Institute deliberately and without any reason denial for filling the post of Junior Technical Officer (Sugar Technology) at this Institute which is reserved for Scheduled Caste candidates. I would like to inform you that without filing the court case, NSI administration & Director as well as Ministry of consumer affairs Food & PD also has not evoked for filing the reserved post of Junior Technical Officer (Sugar Technology). The seniority of the undersigned will be affected if the candidate recommended by UPSC has join as JTO (ST) before the recruitment of vacant post for Scheduled Caste Candidate which is vacant since 22.08.2006. Now I am requesting you to please take necessary steps for the advertisement & till recruitment for reserved post of Junior Technical Officer (Sugar Technology) at the earliest which is vacant since 22.08.2006 first there after candidate recommended by UPSC may be join as JTO (ST).
Thanks with all regards
Yours faithfully
Date: 24.12.2012
(NARENDRA DEV)
Sr. Technical Assistant (Sugar Technology)
National Sugar Institute, Kalyanpur, Kanpur
Copy to:
1. Shri P.L. Puniya Ji, Chairman, National Commission for Scheduled Caste.
2. Kumari Shailja, Central Cabinet Minister for social Justice & Empowerment.
3. Shri Badri Prashad Ji, Deputy Director (PG),Sardar Patel Bhawan Sansad Marg, New Delhi for their information & necessary action.
Narendra Dev Majhwar
(Querist) 28 December 2012
Respected Sir,
Undersigned would like to submit the following facts for the post of Junior Technical Officer (Sugar Technology) which is reserved for the Scheduled Caste candidate since 22.08.2006 at National Sugar Institute Kanpur, since Director, NSI Kanpur administration or even Ministry has totally anti for filling the Reserved (Scheduled Caste) post of Junior Technical Officer (Sugar Technology) at National Sugar Institute, Kanpur.
Raj Kumar Makkad
(Expert) 29 December 2012
Facts submitted by you before the Court are sufficient to plead your case and now depends upon the other party to respond accordingly.
Narendra Dev Majhwar
(Querist) 29 December 2012
Dear Raj Kumar Makkad Sir,
Now our department try to vacate the stay and due to malafide intention & alongwith planing to approch to join before recruitment of SC post which was vacated on 22.08.2006. Department side a stay vacation application was filed on 19.12.2012 & date for hearing is fixed on 02.01.2013. Now I would like to know from you that "Can stay granted to me vacate on not before the outcome of the O.A. filed by us" if our advocate silent on dice before the court what will outcome?.
Narendra Dev Majhwar
(Querist) 11 January 2013
I would like to request your honour,If the central Govt. department has not filling the post which vacated earlier(Post is reserved for scheduled caste candidate from 22.08.2006) and same department had recruited the post which is vacated on 10.04.2010 in the year 2012. Is there any ruling to chalange the recriutment process since earliear post vacated was not filled by the department of central govt.
Raj Kumar Makkad
(Expert) 11 January 2013
You can just challenge the illegal appointment made as per rules but ruling is required to be searched on www.indiakanoon.org
