UNCONSTITIONALY AND ILLEGAL HARASSMENT BY OFFICER OF ENGINEER IN CHIEF

Complaint Date:

From :Ex JC-327823H Sub Maj/BS-I Shinde LD
Flat No-20 Chaitraban Co-Op-Hsg-Society,
Mohan Nagar, Chinchwad, Pune-411019 (Mob No-09764078294)
Email – laxmanshinde1987@gmail.com

FWD OF COMPLAINTS/PETITIONS ILLEGALLY HARASSMENT
UNCONSTITUTIONAL ILLEGAL DEPRIVED FROM MY LEGITIMATE RIGHT
RE EMPLOYMENT IN MILITARY ENGINEER SERVICE AS PER SRO-58
DATED 03 AUG 2011, BY OFFICER OF ENGINEER IN CHIEF

Respected Sir,

1. This has reference my Public Grievance letter dated 09 Apr 2014 sent to Lt Gen J Sikand, E-in-C by Speed Post EM367584868IN and 06 Dec 2014 Sent to Sh AK Arora, DG (Pers) by Speed Post EM305904071IN not replied till date by both the authorities. There after various reminders written to them for early reply but they do not bother ,this I want to bring to your kind attention please.
LETTERS FROM DEPARTMENT OF EX SERVICEMEN WELFARE
—————————————- —————————————————-
(a) In this connection please refer DESW, MoD ID No 15/MISC/2013-(Res-II) dt 18 Apr 2013, and even number dt 08 Jul 2013, 14 Nov 2013, 15/1359/MISC/2014-(Res-II) dt 18 Jun 2014, 15/811/Maharashtra/2015(Res-II) dt 16 Mar 2015, 15/Mah/1824/D(Res-II) dt 04 Aug 2015 and latest 15/3561/Maharashtra/2015-(Res-II) dt 19 Oct 2015 till date not replied by Engineer in Chief office.
LETTERS FROM UNDER SECRETARY D(Works-II) Office.
——————————————————————————
(b) In this connection pl refer D(Works-II), MoD ID No. 16(51)/2013-D(Works-II) dt 04 Jul 2014 & even No dt 22 Jul 2014, 04 Aug 2014 and 04 Sep 2014 and again I send fresh grievance application as per advice of Shri Kamal Kishore, Deputy Secretary, D(Works-II) I have send fresh grievance application to their office also till date not replied. (I am constantly liase with Section officer Shri Kanaso as per advice of DS(D/Work-II) but till date they have not any reply provided by them.

2. Sir, here it is pertinent to note and it is brought to your kind attention good honor that all category wise Recruitment have been carried out on basis of VIth Central Pay Commission approved recommendation and based on prepared policy which operated for whole recruitment except for me only.

(a) Sir, DoP&T issued vide O.M. No. AB.14017/61/2008-Estt.(RR) dt 24 Mar 2009 to All ministries to amendment carried out in fresh RR/SR within Six month based on
VI th Central Pay Commission Recommendations revision of Pay scales amendment of Service Rules/Recruitment Rules shall be undertaken on a priority basis ie effect on 24 Mar 2009 as per the said letter.

(b) Sir, E1C(1) Engr in Chief office prepared Recruitment policy based on VI Central Pay Commission in Group C Category vide letter No B/20087/LRS/09-10/E1C(1) dt 22 Jun 2011 and in this letter at Para-5 which speak as “To account for changes in Govt policies, special schemes like ADRP, consider, revised recruitment rules, effect of subsequent pay commission etc”. which is self explanatory.

(i) Recruitment vacancies letter issued by E1C(1) B/20171/LRS/11-12/E1C (1) dt 24 Oct 2011 for the period 2011-2012 which Speak Para wise are as under.

Para-3. “The procedure for recruitment will be strictly as per SOP issued by this HQ vide 85605/Gp’C’ & ‘D’/SOP/CSCC dated 15 Dec 1997 & letter No B/20087/LRS/09-10/E1C(1) dt 22 Jun 2011 & as per latest orders RR & amendments issued from time to time on the subject”.

Para-6. “As per 6th CPC minimum educational qualification for Gp C is 10th pass. Therefore, till new recruitment rules are finalized with revised educational qualification, the posts having 5th/8th pass, will have minimum educational qualification of 10th pass for non tech categories, ITI pass for tech cat and 10+2 for LDC to avoid declaration of these appointments irregular by audit authorities in this connection please refer AG’s letter No 152031/6/MP-4(Civ) (a) dated 04 Mar 2011, wherein instruction have been issued to follow higher qualification for Direct Recruitment till RRs are finalized. These proposed changes have already been approved by DoP&T vide GSR 656 (E) dt 04 Aug 2010 & issued under the AE/14917/6/2009- Estt (RR) dated 08 Feb 2011.

(aa) Sir, interestingly in my trade they committed calculation error in total vacancies. The correct nos of vacancies were 03Nos but it has been calculated to 02 Nos by concern officer. THE WHOLE AIM TO ENSURE THAT THE VACANCIES ARE LESS THAN 06 BECAUSE MY SER NO IS 06 IN SELECT PANEL WHICH HAS BEEN CONFIRMED BY THE COMPETENT AUTHORITY.

(ii) Recruitment vacancies letter issued by E1C(1) B/20166/LRS/10-11/E1C (1) dt 03 Nov 2011 for the period 2010-2011 which Speak Para wise are as under

Para-2. “All other parameters terms and conditions and direction of this HQ shall remain same as given in this HQ letter quoted in Para- 1 above (this letter above at Para-2(b) (i)) .

(iii) Recruitment vacancies letter issued by E1C(1) B/20087/LRS/09-10/E1C (1) dt 17 Nov 2011 for the period 2009-2010 which Speak Para wise are as under

Para-3. “All other parameters terms and conditions and direction of this HQ shall remain same as given in this HQ letter quoted in Para- 2 above (this letter above at Para-2 (b) (i) & (ii)).

(c) Sir, E1A, Engr in Chief Office prepared recruitment policy based on VI th Central Pay Commission published Recruitment Rule SRO-58 dt 03 Aug 2011 under letter No 76878/Depu/BS/SK/129/7/E1A dt 19 Oct 2011 in the Para-3 which speak are as under.

Para-3. “Percentage of vacancies permitted for deputation cum re employment for the category of Store Keeper Gde-II as per the above SRO 58, shall be 20%”.

3. Sir, the following information received in seeking information under RTI Act 2005 & my personnel grievance application in single matter produced for your perusal and necessary action. In this situation where should a common soldier like me approach for justice.

(a) BEG Roorkee 5276/DCRE/SK/BS/38/CA3 dt 28 Feb 2011, and E1A, E-in-C 64195/DCRE/SKT/80/7/E1A dt 02 May 2011 – Informed there is no provision for RE- EMPLOYMENT in SK Category as per SRO-71 dt 04 Aug 2008.Subsequenly it proved out to be false information.

(b) DG (Pers), E-in-C B/78001/Jt DG (Pers)/RTI/550 dt 27 Sep 2011 – informed SRO-71 dt 04 Aug 2008 not yet Gazetted. This also proved to be false information

(c) E1A, E-in-C 5276/DCRE/SK/BS/84/CA3 dt 27 Oct 2011 Policy for DCRE for SK is under active consideration as per SRO-58 dt 03 Aug 2011.Under its calculation the total Nos of vacancies comes to 12 Nos for Deputation Cum Re Employment in SK Category for Ex Servicemen and I am at Ser No- 06 on the select panel.

(e) E1A, E-in-C 36789/RTI/V-3/304/07/E1A dt 03 Jul 2012 Informed a total number of 05 vacancies as per SRO 58 dt 03 Aug 2011were released by them for the year 2009-2010, 2010-2011 and 2011-2012.This is also wrong as the total vacancies comes to 12 Nos for Deputation Cum Re Employment for Ex Servicemen in SK category AS PER SRO 58 dated 03 AUG 2011 AND I AM AT SERIAL NO 06 ON THE SELECT PANEL.

(d) E1A, E-in-C 36789/RTI/V-3/340/7/E1A dt 13 Sep 2012 informed The applicant could not made it to select panel being at Sr No-6 on merit and Posts of BS/SK under DCRE have been filled up as per provision of SRO-58 of year 2011. The calculation of vacancies under SRO-58 dt 03 Aug 2011comes to 12 Nos (20% DCRE) and not to 05 Nos as projected by the competent authority which is misleading. Since I stand at Ser No-06 on the Select Panel I should be granted Re employment which is my legitimate right.

(e) CSCC, E-in-C B/78001/RTI/16/CPIO dt 07 Feb 2013 Informed “need for publication of amendment to RR is due to the recommendation of VIth CPC, which was published in 2009 only”. It is confirmed by the Competent authority that recruitment policies is based on the provision of the VI th CPC due to which SRO-58 dt 03 Aug 2011 came into existence. According to SRO-58 dt 03 Aug 2011 the percentage of Deputation Cum Re Employment in SK Category for Ex Servicemen has been increase from 10% to 20%. Due to this change the total vacancies under Deputation Cum Re Employment comes to 12 Nos and I am at Ser No-06 on select panel. Even due to this factual position I am denied Re employment due to vindictive mind of certain officer in Engineer-in-Chief branch, Kashmir House, New Delhi-110011.

Sir, you are requested to specially pay attention to the information provided by me at Para-3 (a) to (e) above

4. Sir, various vacancies details provided by concern officer seeking information under RTI Act 2005 in single matter to misguide me which is enumerated for your perusal & investigation.

(a) E1C(1), E-in-C B/20160/RTI Case No 31/CPIO/E1C (1) dt 14 Jan 2013 Informed Vacancies detail Total=31, DCRE-05 and DR-26.

(b) E1C (1), E-in-C B/20160/RTI Case No 33/CPIO/E1C (1) dt 21 Jan 2013 Informed “There is no data available on backlog vacancies and present percentage ratio of Ex -Servicemen quota”.

(c) Sir, my another RTI application under I asked provide paper/complete document pertain to Para-4 (a) of 31 Nos Vacancies. Thereafter send document & found Total-59 Nos vacancies vide letter No B/20160/RTI Case No -/CPIO/E1C(1) dt 15 Mar 2013 and their correct calculation required as per SRO-58 dt 03 Aug 2011 are as under.
(i) Direct Recruitment 80% (DR-47 – 02 Compassionate =45 Nos)=45 Nos

(ii) Deputation cum re employment (for Ex Servicemen) = 12 Nos

(iii) Compassionate Appt 5% of total DR vacancies = 02 Nos
—————–
Grand Total 59 Nos
—————–

5. Sir, following Forged documents generated by concern Section officer of Engineer in Chief Branch based on meeting held on 30 may 2012. The Purpose of meeting was “To Attend Meeting of reps of CEs Command in respect LRS Compassionate Appts & DPC’s Progress on earmarked vacancies out of LRS at E-IN-C’s Branch and not for the purpose of amending the corresponding Gazette SRO-58 dt 03 Aug 2011 published and which was based on VIth Central Pay Commission. This action is beyond the power of Engr in Chief office as there was no sanction/approval received from AHQ AG’s Branch (ARMY), MoD GoI and DoP&T GoI to do so.

Sir, forged documents prepared by concern officer after my First application send seeking information under RTI Act 2005 dt 08 Jun 2012 to their office.

(a) Prepared Minutes of Note-1 (PC B/20087/LRS/09-10/E1C(1) dt 05 Jun 2012 on basis of above meeting for review of the vacancies as per old Recruitment Rule SRO-71 dt 04 Aug 2008 which is not operated due to changes arising in VI th CPC ie Ex – Servicemen Quota to reduce from 20% to 10% for Ex Servicemen Quota etc. The content shown in Minutes was rejected in Note-6 dt 08 Jun 2012 by Col A.B Sibal, Director E1A. Hence it is clear that this NOTE DID NOT SEE THE LIGHT OF THE DAY AND STANDS NULL AND VOID.

(b) Again to create a record Note-8 dt 12 Jun 2012 was prepared by Lt Col S.S Hiremath, Offg Director E1A and there was shown meeting was organized on 11 Jun 2012 for trying to temper the VIth CPC recommendation on which basis Recruitment Rule SRO-58 dt 03 Aug 2011 was published. In this Note it is shown that for category ie JE Civ, JE E/M and SK-II is only one Recruitment Rule is SRO-71 dt 04 Aug 2008 is applicable which is wrong. It is to be noted that this AUTHORITY DOES NOT HAVE THE POWERS TO DO SO WHICH MAY PLEASE BE NOTED. THE DOP&T, GoI, & concern Ministry ie MoD, GoI HAS THE SOLE POWERS IN SUCH MATTERS.

(d) Issued Minutes of Meeting letter by E1C(1) vide No B/20087/LRS/09-10 /E1C(1) dt 20 Jun 2012 is on basis of Review meeting 30 May 2012 is totally false as THE minutes were not approved by the concerned officer .Please refer para 5-(a) which may please be noted.

(i) Based on another false document generated and issued by Mr S.N Singh,SE of E1C(1), E-in-C B/20171/LRS/09-10/E1C (1) dt 04 Jul 2012 & shown revised distribution of LRS vacancies for the year 09-10,10-11 and 11-12.

6. The following information received seeking information under RTI Act 2005 from concern section of Engr in Chief Branch office by Mr S.N Singh,SE.

(a) E1C (1), E-in-C vide B/20160/RTI Case No 201/CPIO/E1C (1) dt 06 Nov 2013 Informed at Appx A dt 31 Jul 2013 Para-4, Copy of noting sheet & letter under which authority E-in-C permitted for organizing a review meeting on 30 May 2012 replied by
.
Officer is “Yes, but only a letter exists which was addsd to all CEs Command for meeting”. These letter also not provided and proof of document he is only trying to prepared various Forged document based on try to temper the record for depriving my legitimate right Re Employment instead of taking corrective action.

(b) E1C(1), E-in-C vide B/20160/RTI Case No 201/CPIO/E1C (1) dt 06 Nov 2013 Informed at Appx A dt 31 Jul 2013 Para-7 “Pl confirm need again cancellation of approved DCRE SK category vacancy Board for the period Jan 12 to May 12 or if any by subject meeting – “NO VACANCY BOARD WAS EITHER DONE OR CANCELLED IN E1C(1) consequent to the meeting dt 30 May 12″. Hence no info on this can be provided. This clearly proves that the board of Jan to Jun 2012 stand as it is, Since in the above paragraph it is confirmed that “No vacancy board was either done or cancelled in E1C(1) consequent to the meeting dt 30 May 2012. In other words the factual posn remain same ie Total vacancies were 12 Nos in DCRE for Ex Servicemen and I stand at Ser No-06 at Select Panel.

(c) E1C (1), E-in-C B/20160/RTI Case No 201/CPIO/E1C (1) dt 06 Nov 2013 Informed at Appx ‘A’ dt 31 Jul 2013 Para-10 Pl provide full detail, year wise 05 vacancies issued to E1A for implementation of DCRE as per SRO-71 of 04 Aug 2008 @ 10% Quota instead of 20% DCRE quota – which informed are as under.

(i) 2009-10 = 02 Nos

(ii) 2010-11 = 02 Nos

(iii) 2011-12 = 01 Nos
——————–
overall Total = 05 Nos
——————-
7. In this connection I would like to state as follows

(a) The above year wise calculation is shown to have been done as per SRO-71 dt 04 Aug 2008. Please be informed that SRO-71 dt 03 Aug 2008 is never operated and no recruitment has taken place under this SRO.

(b) The calculation above has to be done under SRO-58 dt 03 Aug 2011. According to this SRO-58 dt 03 Aug 2011 year wise vacancies are as follows.

Vacancies issued for the period and date which used combined Total No of Vacancies DR 80% DCRE 20% Compassionate 5% (-) DR
2011-12 dt 24 Oct 2011 17 14 03 01
2010-11 dt 03 Nov 2011 23 18 05 01
2009-10 dt 17 Nov 2011 19 15 04 01
Grand Total 59 47/44* 12 03*

(c) Under this calculation I am entitled to re Employment under DCRE as I am at Ser No-06 on the merit list and total -12 Nos vacancies as per SRO-58 dt 03 Aug 2011.

8. Sir, due to the vindictive mind of certain officers mainly Mr SN Singh,SE in the E-in-C Branch I have been denied Re employment. Sir, I retired in Feb 2012 and till date I have been making rounds of the Court of Law (CAT) in Mumbai without any Justice. My case No 372/2013 is pending in the CAT at Mumbai for Judgment. In this letter I have brought to your kind attention the malafide activity of the Officer ie giving false information, generating documents etc. with the sole purpose of depriving me of Re employment under Deputation Cum RE-Employment for Ex Servicemen in SK category. Sir I am in dire financial difficulty as both my children are studying and there is no income from any source except my Pension. Sir It is highly appreciated that Adjutant General’s Branch, IHQ of MoD (ARMY), has come out with the circular there by requesting the concern Command/department to withdraw litigation against the VETERANS.

9. In this letter I feel I have correctly projected that there is no fault on my side and I had to go to Court of Law due to the wrong actions taken by the concerned Officers. All this wrong actions were Masterminded only to deny me re employment for reasons best known to them . I have put in 27 Years of a Exemplary Service in the Army Corps of Engineer and there is no bad remarks in my service record. I respect the Army and high regard for it.

(a) As enumerated in Appendix ‘A’ &’ B’ (Copy enclosed) I am requesting your good self to issue direction to Engineer in Chief Branch, Kashmir House New Delhi-110011 to take appropriate action which will enable me to get Re employment under Deputation Cum Re -Employment in Ex Servicemen quota in SK Category at the earliest.

10 In view of the above I am requesting with folded hands to withdraw litigation against me under case Number 372/2013 in CAT at Mumbai as per above Para-9 (a) and provide me Re employment as per Recruitment Rule SRO-58 dt 03 Aug 2011 & based on their Policy wef Feb 2012 with seniority, Financial benefit, Promotion as per E1C(1) letter No B/20075/LRS/12-13/316/E1C(1) dt 25 Mar 2015 and obliged please. This will help me to lead to decent and respect full life in anticipation.

Hope you will reply to my this letter and oblige please.

Thanking you in anticipation.

Yours Faithfully,

(Ex Sub Maj Shinde Laxman D.) Dated : 11 Dec 2015

UNCONSTITIONALY AND ILLEGAL HARASSMENT BY OFFICER OF ENGINEER IN CHIEF
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