Most Immediate To The Agricultural Marketing Adviser to the Govt.

of India Directorate of Marketing & Inspection Head Office, Faridabad Sub: Injustice done to the Officers of 1981 batch- request for remedial measures in recruitment of Asst. AMAs through UPSC reg. Sir, I may please invite your kind attention to the subject cited above and to bring the following points for your kind perusal and necessary remedial action in the matter. 1. I joined this Directorate 28 years earlier on 12.3.1982 as Asst. Marketing Officer (GroupI) by direct selection through the UPSC on the basis of an All India written examination followed by an interview 2. As per the recommendations of 4th Central Pay Commission vide its report in 1986, the post of Asst. Marketing Officer was redesignated as Marketing Officer w.e.f 1.1.1986 and rationalized the existing cadres from 6 levels to 4 levels (namely MO, SMO, Dy.AMA, Jt.AMA). Further, in accordance with the recommendations of 4th CPC, the Directorate of Marketing & Inspections(Class-I and Class-II posts) Recruitment Rules,1964 were superseded and the Government notified, Directorate of Marketing & Inspection, Dept of Rural Development (Field Cadre Posts) Recruitment Rules, 1992 for filling up the posts of SMO, Dy.AMA and Jt. AMA through 100% promotion. 3. The 5th Central Pay Commission in its report in 1997 recommended creation of a new cadre of Asst AMA in the Directorate by placing 30 posts of SMO (25 in Group-I and 5 in Group-III) to be filled by promotion of the SMOs. Consequently, Ministry of Agriculture vide its order dated 30.3.2001, approved the up-gradation of the said 30 posts of SMOs(25 in Gr-I and 5 in Gr-III) from the pay scale of Rs.8,000 -13,500/- to Rs.10,00015,200/-and redesignated these posts as Asst. AMAs with immediate effect. 4. The total strength of SMOs (Group-I) in the year 2002 was 59. Consequent to the upgradation of 25 posts of SMOs (Group-I) as Asst. AMA (Group-I), the Directorate promoted 25 SMOs (Group-I) as Asst. AMAs on ad-hoc basis vide Office Order No 20/2002 dated 02.07.2002 without filling up of about 30 vacant posts of SMO (GroupI) which were held by the ad-hoc Asst. AMAs at the cost of Marketing Officers like me who were to be promoted as regular SMOs.

5. After the creation of the post of Asst. AMA, the Directorate initiated framing of recruitment rules which were notified in August 2005 providing for promotion of SMOs to the post of Asst. AMAs 60% through the Departmental promotion and 40% through direct selection by the UPSC. Sir, to my surprise the UPSC has advertised on 10.04.2010, eight posts of Asst. AMAs through direct selection by the UPSC.I am deeply concerned because it deprives me of an opportunity to apply for the same as the maximum age as been kept as 40 years, while I am now in 50s. It implies that safeguards in the age were not incorporated in the recruitment rule,2005 for the officers like me who have served the Directorate for 25-29 years- even though such safeguards were kept while formulating the recruitment rules earlier in 1992. Sir, I am afraid, this is against the principles of natural

justice, as a similar opportunity to apply to the UPSC was not even once extended to me ,any time during my 29 years of service, as there was no advertisement given during this period. 6. In July 2004, 28 Marketing Officers (including me who had completed 23 years of regular service as Marketing Officer) were promoted as SMOs on ad-hoc basis. Sir, as 25 Ad-hoc Asst. AMAs continued to occupy, 25 posts of SMO since 2002--instead of giving me a regular promotion as SMO, the Directorate gave only an ad- hoc promotion in July, 2004. Regular promotion was given only in January, 2009 with the result that my regular service as SMO is only one year, instead of 5 years as required for promotion to the post of Asst. AMA as per recruitment rules. By not providing me regular promotion in 2004, the Directorate has deprived me of an opportunity to attain 5 years regular service, otherwise I would have become eligible for departmental promotion to the regular post of Asst. AMA by 2009 itself 7. Sir, your kind attention is also invited to the fact that the 25 ad-hoc Asst. AMAs referred above, were the same officers who were serving the Directorate as MOs (1979, 1980 batch of MOs),who had joined few months prior to my joining. Yet, benefit of Ad-hoc promotion as Asst. AMA to these officers in year 2002 has resulted in benefitting them with 2 promotions in quick succession (i) first as regular SMO in March,1997 and then (ii) second promotion as Asst. AMA (ad-hoc) in July,2002. Some of these even got a third promotion as Dy.AMAs (ad-hoc) in May 2009, on regularization to the post of Asst. AMA in January, 2006. In comparison, I have got just one promotion as SMO and that too on ad-hoc basis in 2004, regularized in 2008, after serving 26 years as Marketing Officer. This has created wide gulf in the hierarchy. 8. Sir, In this context, I would like to bring to your kind notice that the DPC for the promotion to the post SMOs was held once in 1997 wherein 32 MOs were promoted as regular SMOs and thereafter the DPC for the promotion to the post of SMO was held in the year 2007/2008 wherein only 5 Marketing Officers (including me after having completed 26 years of regular service as Marketing Officer) were promoted as regular SMOs. The DPCs were not held regularly as and when vacancies arose. 9. Sir, had the DPC been conducted for the post SMO anytime between the years 1997 to 2004, I would have now become a regular SMO with 6 years to 13 years of regular service in the post of SMO and thus would have easily become eligible for promotion to the post of Asst. AMA. (regular) Sir, in view of the position explained above, it is requested to please: a) incorporate relaxation in age to officers like me having put in long years of service : The Directorate may please initiate immediate measures to provide safeguards in the existing recruitment rules towards grant of relaxation of age for the officers like me who were recruited in 1981, prior to notification of revised recruitment rules in the year 2005, so that I become eligible to apply for direct recruitment to the post of Asst. AMA through the UPSC,for the advertisement that appeared in Employment News dated 10-16th April,2010 b) may please write to UPSC to keep the advertisement in abeyance temporarily till the issues are examined: Till, the safeguards are introduced in the recruitment rules, the Directorate may please stop / postpone the recruitment of the Asstt. AMAs through the UPSC, temporarily, since the junior officers who have joined the Directorate in the year 1998/2000 will still be left with enough service to apply for direct recruitment.

Without this measure, the advertisement will result in junior officers with just over 10 years of service, superseding senior officers like me having put in 25-29 years of service, only because of their advantage of age. This advantage was not made available to me when I was also young and aspiring for a direct selection. Delays in convening of the DPCs;delay in finalization of recruitment rules immediately after 5th CPC and also not providing enough safeguards in age for the officers who are already in the service before the revision of recruitment rules, 2005, may result in to the officers of 1981 batch like me in a disadvantageous position vis--vis the young officers who have joined in 1998 / 2000. Sir, in addition to the above, I may please add that bringing about the desired amendment in the recruitment rules is very well within the powers of the Directorate / Government as Rule 6 of the recruitment rules titled as Powers to Relax stipulates that where the Central Government is of the opinion that, it is necessary or expedient so to do, it may, by order, for the reasons to be recorded in writing and in consultation with the UPSC, relax any of the provisions of the rules, in respect of any class or category of Persons. Sir, under the prevailing circumstances, the recruitment rules, 2005 has outlived their utility and has gone against the interest of senior officers who have put in 25-29 years of regular service. It has become expedient to amend the recruitment rules in accordance with the lines submitted above immediately. Therefore I wish to make a humble appeal to please sympathetically consider to give me too a opportunity to appear before the UPSC, at least one opportunity in my life time, before I retire in just 5 years from now. Thanking you, sir in anticipation of your kind intervention, urgently.

Yours faithfully, (C. Nandaiah) Senior Marketing Officer DMI, SO, Visakhapatnam. Dated the 21st April, 2010

Most Immediate To The Agricultural Marketing Adviser to the Govt. of India Directorate of Marketing & Inspection Head Office, Faridabad Sub: Injustice done to the Officers of 1981 batch- request for remedial measures in recruitment of Dy.. AMAs through UPSC reg. Sir, I am to refer to the UPSC Advt.No.12 inviting applications for the post of DY.AMA(GP.I) 5 in number. In this connection I invite your kind attention to the subject cited above and to inform that the UPSC vide Advt.No.5/2010 had invited applications for one post of Dy.AMA(Gp.I) during March,2010 and I being eligible candidate has applied for the post under reference and attended the interview during September,2010 as my age at the relevant point of time is below 55 years. Now as per the present advertisement I not eligible for the same as I have crossed my 55 years age by February, 2011. Further I am to inform that if the Directorate has approached the UPSC for filling up of the 5 posts while filling up the one post of DY.AMA(GP.I) during March,2010, injustice might have not been taken place to the officers of 1981 batch as the said posts of Dy.AMAs are vacant along the post of one Dy.AMA(GP.I) advertised during March,2010. Due to non-approaching of the Directorate for filling of 5 additional post of Dy.AMAs(Gp.I) along with the notification through UPSC Advt.No.5/2010, I am not eligible for compete the same as per the present advertisement due to the condition of prescribed aged condition and thereby I am denied the natural justice. Further it may not be the out of the context to mention here on earlier occasion also I have been eligible to compete the post of Asst. AMA by denying the natural justice. The representation submitted for justice for competing the post of Asst.AMA vide my letter dt.21.04.2010 (copy enclosed for ready reference) has not been considered and I have not even been replied with the said representation. Sir, in view of the position explained above, it is requested to please: c) incorporate relaxation in age to officers like me having put in long years of service : The Directorate may please initiate immediate measures to provide safeguards in the existing recruitment rules towards grant of relaxation of age for the officers like me who were recruited in 1981, prior to notification of revised recruitment rules in the year 2005, so that I become eligible to apply for direct recruitment to the post of Dy. AMA through the UPSC, Advt.No.12. d) may please write to UPSC to keep the advertisement in abeyance temporarily till the issues are examined: Till, the safeguards are introduced in the recruitment rules, the Directorate may please stop / postpone the recruitment of the Dy.AMAs through the UPSC, temporarily, since the junior officers who have joined the Directorate in the year 1998/2000 will still be left with enough service to apply for direct recruitment. Without this measure, the advertisement will result in junior officers with just over 10 years of service, superseding senior officers like me having put in 25-29 years of service, only because of their advantage of age. This advantage was not made available to me when I was also young and aspiring for a direct selection. Delays in convening of the DPCs;delay in finalization of recruitment rules immediately after 5th CPC and also not providing enough safeguards in age for the officers who are already in the service before the revision of

recruitment rules, 2005, may result in to the officers of 1981 batch like me in a disadvantageous position vis--vis the young officers who have joined in 1998 / 2000. Sir, in addition to the above, I may please add that bringing about the desired amendment in the recruitment rules is very well within the powers of the Directorate / Government as Rule 6 of the recruitment rules titled as Powers to Relax stipulates that where the Central Government is of the opinion that, it is necessary or expedient so to do, it may, by order, for the reasons to be recorded in writing and in consultation with the UPSC, relax any of the provisions of the rules, in respect of any class or category of Persons. Sir, under the prevailing circumstances, the recruitment rules, 2005 has outlived their utility and has gone against the interest of senior officers who have put in 25-29 years of regular service. It has become expedient to amend the recruitment rules in accordance with the lines submitted above immediately. Further I have not come across about the said draft recruitment rules for submitting my grievance s at the relevant point of time. Therefore I wish to make a humble appeal to please sympathetically consider to give me too a opportunity to appear before the UPSC, before I retire in just 4 years from now. Thanking you, sir in anticipation of your kind intervention, urgently.

Yours faithfully, (C. Nandaiah) Senior Marketing Officer DMI,RO, Hyderabad. Dated the 4th July, 2011