To
The
Director General
All
India Radio, New Delhi
Sub: To
Review/withdraw/Quash/Cancel the circular bearing no. 29/69/2015 P-VI dated 06.08.2015
issued under the signature of Shri N. Tamil Vanan, Assistant Director of
program (S. W.) regarding submission of ‘declaration-Cum-undertaking’ from each and every Casual assignees working
on contract basis in different stations of All India Radio.
Ref: Meetings held on 12.08.2015 and 13.08.2015
with the Assistant Director, All India Radio, Patna in regard to the above
noted subject.
Sir,
With due respect we want to
draw your Honor’s kind attention towards the subject and recent direction/
instruction of the directorate, All India Radio to submit a ‘declaration-Cum-undertaking’
, requiring to all the casual assignees working in different stations of All
India Radio that “Neither the authorities of All India Radio have offered nor we
(casual assignees) will accept any other engagement(s) on assignment basis except
the assignment that will be not more than 6 days in a month” as it is contrary
to the advertisement on the basis, thereof we have been selected which states
that we will be engaged as per requirement of the AIR, Patna and as such the
present undertaking is meaningless save and except to harass the Casual
assignees who are working since long in the interest of the organization (AIR)
and further this undertaking in the form of second contract is going to create
wider and major disorder in the functioning of All India Radio and hence we are
requesting to kindly rethink over this decision and withdraw the order of submitting
a ‘declaration-Cum-undertaking’ along with a monthly contract considering the
following points which is mentioned here under:-
1.
That
as we have been informed in meetings held on 12.08.2015 and 13.08.2015 in the
Meeting hall of the All India Radio, Patna with ASD, AIR, Patna that the Directorate,
All India Radio has issued direction to submit a ‘declaration-Cum-undertaking’
along with every monthly contract that we (I) have never been offered nor
accepted any other engagements(s) on assignment basis during the said dates
from any other station/channel of All India Radio and further declare that our
(my) total number of bookings by AIR across all its station/offices/units is
not more than six(6) day during that particular month.
Each ‘declaration-cum
undertaking’ will be signed in presence of a witness.
2.
That
we are serving All India Radio, Patna since last 19-35 years in the capacity of
announcer-cum-comperes and have been selected as per the advertisement
published/announced time to time by the All India Radio, Patna.
In this regard it is stated
that in every advertisement/notification it was specifically mentioned that we
(the casual announcers-cum-comperes) will be engaged as and when our services
will be required. There was no any kind of binding of days in the advertisement
and hence conditional declaration in respect of number of assignment is in violation of the terms of the
advertisement on the basis thereof we have been empanelled in the panel of All
India Radio, Patna as announcer-Cum-Compere and are being booked as and when
our services are required consistently/continuously from the period mentioned
in paragraph – 2 of the present representation.
3.
That it is
worth relevant to mention it here that we have been selected following the
rigorous selection process such as written exam, interview, audition, organized
by AIR, Patna and since thereafter getting our position in the panel of
Announcer-Cum-Comperes performing our duties as and when provided to us for
certain fixed aasignments in every months as per the order of the competent
authority and still we are providing our services to the All India Radio,
Patna.
4.
That it is further
relevant to mention it here that the casual Announcers-Cum-Comperes are positioned
in the panel of Announcer-Cum-Compere against the regular sanctioned vacant
post as per the circular dated 26.03.1979 issued by the Directorate AIR, Patna.
It is also relevant to mention here that the regular Announcers-Cum-Comperes
are being selected from the panel of these casual Announcer-Cum-Comperes and
the same is one of the modes of selection.
5.
That the
facts as we have mentioned in the preceding paragraphs and some other ground of
regular appointment which is provided in AIR manual as the casual engagement(s)
to be the mode of regular appointment we have approached the Central
Administrative Tribunal, Patna by filing different OAs (original applications).
6.
That one of
the leading OA(original applications) filed by Manoj Kumar Pathak and 13 others similarly panelled
Announcers-Cum-Comperes, numbered as OA
No.- 541/1997, the Hon’ble Patna Bench of the Central Administrative Tribunal
vide order dated 03.12.1999, relying over some judgements of other
Administrative Tribunals in exactly
similar matter directed your Honour to consider the case of the
applicants (casual Announcers-Cum-Comperes)for regularization/eventual
absorption within a period of 4 months from the date of receipt/production of
copy of this order.
The
respondent-department (All India Radio) had challenged the said order before
the Hon’ble Patna High Court and a division bench of Hon’ble Patna High Court
has pleased to affirm the order of the Tribunal dated 03.12.1999 and thereafter
the matter travel to Hon’ble Apex Court. The Hon’ble Apex Court after detailed
hearing partly affirmed the order of the Hon’ble Central Administrative
Tribunal Patna dated 03.12.1999 and vide order dated 09.03.2011 in Civil Appeal
No.-863 of 2006 and Civil Appeal No.-7566 of 2008 remitted the matter back to
the Central Administrative Tribunal Patna bench with some quarries and its
confirmation and vide order dated 31.05.2013 the Central Administrative
Tribunal Patna bench, Patna had reaffirmed his earlier order dated 03.12.1999
with clear and clean reasoning and accordingly the issue of regularization/eventual
absorption of casual Announcer-Cum-Compere in AIR station, Patna has attained
its finality as the casual Announcer-Cum-Comperes had been hold wholly eligible
for their appointment on the regular sanctioned
vacant post of the Announcer-Cum-Compere and hold that the Directorate ,
All India Radio is doing discrimination in the regularization/ eventual
absorption of casual employee as the regularization of one set of casual
assignees are considered whereas for another set of casual assignees (Announcer-Cum-Compere)
the authorities are sitting idle. Despite the aforesaid position it is painful to say that as a habitual
litigant the organization(AIR) has challenged the order dated 31.05.2013 before
the Hon’ble High Court of Judicature Patna knowing that the Hon’ble Patna High
Court has pleased to settle the issue much earlier.
7.
That some of
the casual Announcer-Cum-comperes have also filed OA No.-285/2001 before the
Central Administrative Tribunal Patna bench, Patna in the light of the order of
OA no. 541/1997 and prayed for a direction for regularization of their services
in All India Radio, Patna. In a detailed judgment the Hon’ble Central
Administrative Tribunal Patna bench, Patna vide order dated 07.07.2003 passed
in OA No.-285/2001 directed Respondent-All India Radio, “to consider the
applicants for their regularization and eventual absorption as per law against
the regular vacancies in due course against the vacant post strictly
accordingly to their seniority in terms of scheme formulated for regularization
of such incumbents as well as instruction issued from time to time. The whole
exercise would be done by the respondents within a period of 4 months from the
dated of receipt/production of copy of the order. If after the entire exercise
the applicants are found to be eligible for regularization, necessary
appropriate orders be passed in this regard by the concerned respondents within
the period as directed above. However, it is made clear that the respondents
are at liberty to verify the factual position of the cases from their original
records, if necessity arises, after giving hearing to the applicants in this
regard who are also at liberty to supplement their claim before the concerned
authority by producing relevant documents in support of their contentions. It
is ordered also that in the mean time, the respondents are also directed to
continue to engage the applicants on casual basis as and when the work is
available”.
8.
That it is
relevant to mention it here that as we know the judgment delivered in OA
No.-285/2001 dated 07.07.2003 has not been challenged by Respondent department
(All India Radio) before any forum or any court of law and hence as per the
legal procedure this judgment has also attained its finality.
9.
That in the
light of averment mentioned in the preceding paragraphs we want to state that
the fresh direction to submit a declaration-cum-undertaking restricting
ourselves by our own declaration to not to accept more than 6 days assignment
is against the mandate and in violation of these two Judgments mentioned herein
above and in the teeth of several
Judicial pronouncements delivered by different courts and tribunals and hence
it amount to contempt of court also as the persons who are found entitled for
regularization are being restricted for maximum six(6) days assignment in a month the name of
such declaration-cum-undertaking.
10.
That here it
is stated that the organization (All India Radio) is behaving with the casual
assignees (announcers-cum-comperes) as step-son. We are being harassed,
humiliated, victimized by the authorities by one after another circular/order/direction
in complete ignorance of our valuable contribution/s in building up the
reputation of this organization (All India Radio). Sometimes the efforts are
made to remove us in the name of screening, saying that our voices are stale
and every day we feel a sword on our
neck.
11.
That it is being stated that casual
announcers-cum-comperes are being booked on the basis of a contract which is
mentioned in the back of the contract paper (Akashwani Programme-5). There are
10 conditions mentioned in the back of the contract paper and agreeing with the
same we used to sign over the same perform our duties as
comperes-cum-announcers. The present declaration-cum-undertaking is also a
contract contrary in the facts and circumstances mentioned herein above and hence
two contracts for same performance is against the mandate of the law of
contract.
12.
That infact
the casual assignees (Announcer-Cum-Comperes) of All India Radio are working as
bonded laborers. They have spent their precious and valuable time in serving the
All India Radio Patna but instead of giving us the proper treatment and words
of sympathy we are being treat as a vestigial organ of this organization (AIR,
Patna).
Here
it is stated that a high level parliamentary committee of MPs of Lok Sabha and
Rajya Sabha headed by the then MP, Smt. Chandresh Kumari has described the
pathetic condition of working women in Prasar Bharti and submitted their report
to the government. In paragraph 19 of the report it is stated that “The
committee had noted that a large number of women who had been working in All
India Radio and Doordarshan as production assistants, anchors, news readers,
news translators, news monitors, make-up artists etc. on casual assignment
basis for over 10 to 15 years were not regularized despite repeated requests.
It was submitted before the committee at the time of evidence that such
requests could not be considered in absence of any regularization scheme. In view
of the fact that the organization was guilty of unfair labour practices in
keeping these employees as casual workers against jobs which were of permanent
nature, the committee has recommended that a policy on regularization of casual
employees in Prasar Bharati, especially women employees should be finalized and
put into operation immediately.”
It
is worth relevant to mention it here that the committee has found clear cut
exploitation of casual assignees of All Indian Radio and shown their
displeasure as it is found that in the same ministry there is schemes for
regularization of casual assignees of doordarshan whereas as it is communicated
to the committee that there is no scheme for regularization of casual assignees of All India Radio and
stated ‘With regard to the casual assignees who number about 2200, the
committee observe that the limit of 72 days engagement in a year is again an
exploitative and unfair measure and there should be uniformity in this matter
between AIR and Doordarshan and the limit of 72 days in a year should be
scrapped forthwith in AIR’.
13.
That as a
matter of fact most of the casual announcer-cum- compere of All India Radio,
Patna are not even getting six (6) day assignment in a month and most of them
are getting 3-4 days assignment and therefore we understand that such
undertaking can be misused against us for defying our claim of
regularization/eventual absorption as we are everyday and every moment ready to
serve All India Radio Patna even with the last drop of our blood and sweat. In
this regard it is also stated that total computerization of booking process
(assignment mode) of casual announcers-cum-comperes in all over India is the
simple method of checking of excess booking/assignment and your honor can
simply monitor the assignment of casual announcers-cum-comperes in all over
India.
14.
That we are
residing in a welfare state and such acts to somehow remove the casual
Announcers-Cum-Comperes of the existing panel is contrary to the mandate of the
labor laws as well as several judicial pronouncement of the Hon’ble Apex Court
wherein the hire and fire policy has been severely deprecated.
15.
That the
voices of the casual Announcers Cum Comperes working in All India Radio, Patna
from last 17 to 35 years are most audience friendly voices in the state of
Bihar and they are famous with their characters. The people of Bihar remember
him from their character name.
16.
That it is
being stated that the officials of the All India Radio Patna are only sincere
in complying those orders which adversely affected and ruin the career of
casual assignees (Announcers Cum Comperes) as they are doing right now. Vide
order contained in letter number 15/8/2010-P-1 G.O.No. dated 09.06.2010 and
31.03.2011 the Deputy Director General (SW) namely, Alka Pathak has directed
the all AIR stations to provide assignment of maximum 29 days in a month to
those casual announcer who has completed the over and above maximum age
required for a Government servant but the officials of All India Radio Patna
has not engaged even a single casual Announcers Cum Comperes for 29 days in a
month.
17.
That all the
casual Announcers Cum Comperes of All India Radio Patna have completed ‘Vani
certificate course’ and as such they are the trained casual Announcers Cum
Comperes as is required for the organization(AIR) and such trained and
experienced persons like us are the assets of the organization and hence every
action about us should be taken with sympathetic and judicious consideration.
We therefore humbly request to
kindly consider over the above mentioned points and direct the officials of All
India Radio Patna to not to give effect of the Circular bearing No. 29/69/2015
P-VI dated 06.08.2015 directing us to submit a ‘declaration-cum-undertaking’ along
with the reply of the contract and quash the same and oblige us.
Copy
to:
1.
The Hon’ble
Prime Minister, Government of India, New Delhi.
2.
The Hon’ble
Minister for information and broadcasting, Government of India, New Delhi.
3.
The
Secretary, Ministry of Information and Broadcasting, Government of India,
Shastri Bhawan, New Delhi-110011.
4.
The Chief
Executive Officer (CEO), Prasar Bharti, Aakashwani Bhawan, New Delhi.
5.
The Hon’ble
Director General,All India Radio, Akashwani Bhawan, New Delhi.
6.
The Deputy
Director General (Administration), All India Radio, New Delhi for their information and appropriate
action in this regard.
7.
The Station
Director, All India Radio, Patna, for information and needful.
