Redundancy of position in GoI for intalactual idea
Phase1
1. I have joined on Lien basis in borrowing department, at a Government Organization [Autonomous Organization, AO2] on October end 2008 from another Government Organization [also Autonomous Organization AO1], where I was holding a substantive post. But the said post in AO2 was actually a Deputation post. AO1 had taken an undertaking that if I failed to join AO1 after 2 years of Lien period my job in AO1 will terminate automatically. My joining date in AO1 was on November 2003.
2. AO2 changed Lien post to Deputation post in borrowing department as per my request and NOC from AO1, but same was not intimated/ updated properly in my parent department (AO1).
3. I have written to AO2 for clarification as well as for confirmation of time of deputation period from both of the organization but AO2 did not entertained it. Finally I requested to AO2 for repatriation for joining back to my parent department.
4. AO2 did not replied to any of those communications and transferred me to Ministry on disposal till end of my deputation. But my Pay and allowances as admissible to me on deputation in AO2 as my original deputation post was continued to be drawn from AO2.
5. After joining in Ministry I applied to Secretary for the same. He instructed to AO2 for processing of extension of my deputation but it was too late. It should be noted that extension of such long leave in AO1 must be pursued at least three months prior to completion of the said long leave, refer to Bylaws of AO1. In that case, I had sent that request almost six months back.
6. After that AO1 refused to extend the tenure of leave, I approached physically to Secretary. Since, I was engaged in a very important and crucial assignment, accordingly, Secretary had spoken to Director, AO1 over telephone on 30/10/2010 for extension of my deputation in public interest. Over telephone Director, AO1 assured to Secretary that the extension of my deputation for another one year can be approved.
7. Additional Sectary, the Head of the division, where I am attached in the Ministry, had sent a FAX to Director, AO1 requesting for grant of extension of my deputation from 2 years to 3 years on national and public interest, where he clearly mentioned the conversation of Secretary.
8. In reply to Ministry the Registrar, AO1 conveyed that the request for extension of my deputation was considered but it was not approved by the competent authority. However, they had no objection of my permanent absorption in the Ministry.
9. After that I had requested again to Joint Secretary (Admn.), copy was marked to AO1, that I may be relieved so that in extreme condition I am ready to join in my parent department. I was waiting for at least one reply from any of these organizations so that I could once again approach to Secretary for release order but I did not receive it.
10. All of a sudden, AO1 issued a termination order, with retrospective effect from October 2010, without issuing any charge sheet/ order/ letter/ telephonic message/ SMS. This is a serious violation of DoPT Rule No. 9, Order No. 28020/1/2010-Estt (C), dated 26/12/2013 [O.M. No. 8/4/70-Estt(C), dated 06/03/1974] & Article 311(2) of the Constitution.
11. After that, AO2 stopped paying salary from April, 2011 without assigning any order/ letter/ telephonic message / SMS. I found at the end of April 2011 that my salary had been credited to my account and subsequently it was debited from my account, despite my Head acknowledged my contribution in AO2. Here there is no explanation found regarding this magic date as to why my salary was discontinued from 01/04/2011, whereas my termination order of parent department has been effected from October 2010.
Phase - 2
12. After that Ministry, engaged me in a temporary post, the post was on contract basis for temporary relief, as well as to avail of my services in the said project because I was holding a crucial roll of this project.
13. After that Assistant Registrar (AR), AO2 issued an Office Order that my deputation in AO2 has been restored from October, 2008 to October, 2012, implying up to 48 months. I will receive salary from Ministry’s project until I will continue in Ministry. I will be entitled to get my salary from AO2 only if I joined in AO2 within this period. But nothing is mentioned about my status beyond that period. Here there is no explanation of this magic number, i.e. 48 months of my deputation.
14. I had applied to various levels including Hon'ble Minister for further restoration of my deputation in AO2 on regular basis. In reply of that AR, AO2, has been clarified that since technically I am not in the roll of AO1 therefore, extension of deputation is not possible. In reply to the above letter Director of Ministry, agreed the clarifications of AR. It really looks like a funny game between Ministry and AO2 and they were using me just like a tennis ball and throwing to each other’s courts. It is also surprising to note how a Director has given contradictory statements in his two letters/ orders – first one about restoration of my deputation after issuing a termination order from parent organization and second one about non-restoration of my deputation for same termination order from my same parent organization. Same has been implemented through AR, AO2.
15. Meanwhile AO2 absorbed permanently two other Officials, who were in the same batch as mine. Out of that first one has been selected on same day and same Selection board as I was selected. The same recruitment procedure is permitted in AO2 Bye-laws also. It can be noted that I am much more highly qualified than him and also my qualification & experience fully satisfies the required qualification for recruitment of said post in AO2.
16. I had given a unique idea for GoI, accordingly a Census has been initiated and data has been collected through a Tablet PC (TPC) at household levels. This is the first time in the world that government data has been collected digitally and the concept is my idea. Also, all local Servers of the Census are using Open Source Operating System and Software to stabilize the entire system, which is again my idea. The entire concept saves several hundreds of crores of Government/ Public money and it can be assumed that in future this type of all Census can be done by using paperless, environment-friendly TPC only.
17. One English national daily had covered the above mentioned news. Secretary and Additional Secretary has also certified that my contribution in said Census is commendable and is in public interest etc.
18. One Local daily again had covered my case and they have compared me with “Dr. Subhas Mukhapadhayay”, the inventor of IVF (In Vitro Fertilization or test tube baby) in India. For a similar work Dr. Robert G. Edwards received Nobel Prize on 2010 and Dr. Mukhapadhayay committed suicide in 1981. It is my open question that after 69 years of freedom how long our Scientists and Technologists will have to suffer for giving their intellectual ideas. Now we are in the 21st Century where knowledge is power but in my case I have received Major Penalty without any charge sheet due to giving my intellectual idea to the Ministry. The sequence of events is known to all senior officials of Ministry and instead of doing anything, they are showing their helplessness and entire matter is stuck up due to bureaucratic red-tapism. I have received above letter/ order copies through RTI only in January 2014, no correspondences have been marked to me by Ministry and I have not been provided with any information. It seems that I have brutally punished due giving a intellectual idea to the Ministry.
Kindly advice my next step ..... more
1. I have joined on Lien basis in borrowing department, at a Government Organization [Autonomous Organization, AO2] on October end 2008 from another Government Organization [also Autonomous Organization AO1], where I was holding a substantive post. But the said post in AO2 was actually a Deputation post. AO1 had taken an undertaking that if I failed to join AO1 after 2 years of Lien period my job in AO1 will terminate automatically. My joining date in AO1 was on November 2003.
2. AO2 changed Lien post to Deputation post in borrowing department as per my request and NOC from AO1, but same was not intimated/ updated properly in my parent department (AO1).
3. I have written to AO2 for clarification as well as for confirmation of time of deputation period from both of the organization but AO2 did not entertained it. Finally I requested to AO2 for repatriation for joining back to my parent department.
4. AO2 did not replied to any of those communications and transferred me to Ministry on disposal till end of my deputation. But my Pay and allowances as admissible to me on deputation in AO2 as my original deputation post was continued to be drawn from AO2.
5. After joining in Ministry I applied to Secretary for the same. He instructed to AO2 for processing of extension of my deputation but it was too late. It should be noted that extension of such long leave in AO1 must be pursued at least three months prior to completion of the said long leave, refer to Bylaws of AO1. In that case, I had sent that request almost six months back.
6. After that AO1 refused to extend the tenure of leave, I approached physically to Secretary. Since, I was engaged in a very important and crucial assignment, accordingly, Secretary had spoken to Director, AO1 over telephone on 30/10/2010 for extension of my deputation in public interest. Over telephone Director, AO1 assured to Secretary that the extension of my deputation for another one year can be approved.
7. Additional Sectary, the Head of the division, where I am attached in the Ministry, had sent a FAX to Director, AO1 requesting for grant of extension of my deputation from 2 years to 3 years on national and public interest, where he clearly mentioned the conversation of Secretary.
8. In reply to Ministry the Registrar, AO1 conveyed that the request for extension of my deputation was considered but it was not approved by the competent authority. However, they had no objection of my permanent absorption in the Ministry.
9. After that I had requested again to Joint Secretary (Admn.), copy was marked to AO1, that I may be relieved so that in extreme condition I am ready to join in my parent department. I was waiting for at least one reply from any of these organizations so that I could once again approach to Secretary for release order but I did not receive it.
10. All of a sudden, AO1 issued a termination order, with retrospective effect from October 2010, without issuing any charge sheet/ order/ letter/ telephonic message/ SMS. This is a serious violation of DoPT Rule No. 9, Order No. 28020/1/2010-Estt (C), dated 26/12/2013 [O.M. No. 8/4/70-Estt(C), dated 06/03/1974] & Article 311(2) of the Constitution.
11. After that, AO2 stopped paying salary from April, 2011 without assigning any order/ letter/ telephonic message / SMS. I found at the end of April 2011 that my salary had been credited to my account and subsequently it was debited from my account, despite my Head acknowledged my contribution in AO2. Here there is no explanation found regarding this magic date as to why my salary was discontinued from 01/04/2011, whereas my termination order of parent department has been effected from October 2010.
Phase - 2
12. After that Ministry, engaged me in a temporary post, the post was on contract basis for temporary relief, as well as to avail of my services in the said project because I was holding a crucial roll of this project.
13. After that Assistant Registrar (AR), AO2 issued an Office Order that my deputation in AO2 has been restored from October, 2008 to October, 2012, implying up to 48 months. I will receive salary from Ministry’s project until I will continue in Ministry. I will be entitled to get my salary from AO2 only if I joined in AO2 within this period. But nothing is mentioned about my status beyond that period. Here there is no explanation of this magic number, i.e. 48 months of my deputation.
14. I had applied to various levels including Hon'ble Minister for further restoration of my deputation in AO2 on regular basis. In reply of that AR, AO2, has been clarified that since technically I am not in the roll of AO1 therefore, extension of deputation is not possible. In reply to the above letter Director of Ministry, agreed the clarifications of AR. It really looks like a funny game between Ministry and AO2 and they were using me just like a tennis ball and throwing to each other’s courts. It is also surprising to note how a Director has given contradictory statements in his two letters/ orders – first one about restoration of my deputation after issuing a termination order from parent organization and second one about non-restoration of my deputation for same termination order from my same parent organization. Same has been implemented through AR, AO2.
15. Meanwhile AO2 absorbed permanently two other Officials, who were in the same batch as mine. Out of that first one has been selected on same day and same Selection board as I was selected. The same recruitment procedure is permitted in AO2 Bye-laws also. It can be noted that I am much more highly qualified than him and also my qualification & experience fully satisfies the required qualification for recruitment of said post in AO2.
16. I had given a unique idea for GoI, accordingly a Census has been initiated and data has been collected through a Tablet PC (TPC) at household levels. This is the first time in the world that government data has been collected digitally and the concept is my idea. Also, all local Servers of the Census are using Open Source Operating System and Software to stabilize the entire system, which is again my idea. The entire concept saves several hundreds of crores of Government/ Public money and it can be assumed that in future this type of all Census can be done by using paperless, environment-friendly TPC only.
17. One English national daily had covered the above mentioned news. Secretary and Additional Secretary has also certified that my contribution in said Census is commendable and is in public interest etc.
18. One Local daily again had covered my case and they have compared me with “Dr. Subhas Mukhapadhayay”, the inventor of IVF (In Vitro Fertilization or test tube baby) in India. For a similar work Dr. Robert G. Edwards received Nobel Prize on 2010 and Dr. Mukhapadhayay committed suicide in 1981. It is my open question that after 69 years of freedom how long our Scientists and Technologists will have to suffer for giving their intellectual ideas. Now we are in the 21st Century where knowledge is power but in my case I have received Major Penalty without any charge sheet due to giving my intellectual idea to the Ministry. The sequence of events is known to all senior officials of Ministry and instead of doing anything, they are showing their helplessness and entire matter is stuck up due to bureaucratic red-tapism. I have received above letter/ order copies through RTI only in January 2014, no correspondences have been marked to me by Ministry and I have not been provided with any information. It seems that I have brutally punished due giving a intellectual idea to the Ministry.
Kindly advice my next step ..... more
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Since it is an individual greivance it cannot be filed as a PIL. Normally a PIL involves a common cause seeking remedies by the administration. more
May 15
High Court or CAT can be controlled easily by Administration, Who are in the CAT ... One Administrative Member, Generally one Retired IAS officer ... another Judicial Member .... One IAS officer will not harm to other IAS officer ..... then ??? more
May 14
Can you tell how to move for PIL [for Sh DEWAN]. I have downloaded details requirement for PIL etc .. more
May 14
you can agitate before the concerned High Court or CAT for your grieviences and to invite a judicial finding. more
May 14
What do you want to say it should be very simple and sweet that one can understand it. You are parent department is an autonomous organisation and from there to another autonomous organisation you are on linen but it was on a deputation post, either you should accept linen or deputation by communicating to your parent department before joining it. On completion of the deputation period you should get back to your parent department on request to get relieved from the organisation which is the deputation policy or you should get absorbed then and there itself which will solve your problem. more
May 14
