Notice for all concerned

Subject: Representation for issuance of certificate of equivalence to Degree in Engineering and then consideration for promotion to JTS of IB(E)S retrospectively or prospectively (as the case may be).

As informed earlier, the Ministry of Education & Social Welfare (Department of Technical Education), New Delhi (now Ministry of Human Resource Development), long back in 1977, had communicated the Govt. of India’s decision vide Order No. F 18-19/ 75/ T-2, dated 26th May, 1977 that “ a Diploma in Engineering in appropriate discipline plus total 10 years of Technical experience in the appropriate fields was equivalent to Degree in Engineering and which would be considered valid for the purpose of selection to Gazetted posts and services under the Central Government or state Governments”. The said order is neither amended, nor withdrawn by the Govt. at any point of time till the date and is therefore squarely valid. The order though not known to the public for a long time after its issuance in the year 1977, it has tremendous ramifications in the career of Diploma engineers.

Through RTI, I wanted to ascertain whether the said decision was a “department specific” or a “general one” and whether it was applicable to Diploma engineers in general working in all the departments/ ministries of the Central Government/ State Governments. The replies received from the CPIO and the Appellate Authority of Ministry of HRD suggest that the Government is in no mood to give any clarification in the matter. It is also amply clear that the Government is not going to extend the benefits of the order without the interference of courts of law. Besides, after the Government’s affirmation that they have neither the copy of the order dated 26.05.1977, nor the file from which the decision was taken and the order was issued, the Government now cannot give any sort of further misguiding clarification or misinterpretation on the “scope of applicability” of the order at any platform including courts of law on the basis of file notings.

But before seeking court’s direction in the matter, we have to represent to the Government first. Now we have got an attested copy of the said order dated 26.05.1977 which is attested by a Assistant Superintendent of the Ministry of HRD, New Delhi itself. The High Court of Punjab & Haryana has already decided several writ petitions filed before them in favour of the employees (Diploma engineers) fully relying on the order dated 16.05.1977 of Ministry of HRD.

We are therefore attaching a format ( in MS Word which is easily editable as per your need) of representation for the Diploma holder EA/SEA/AE having 10 years or more Technical experience in the department for issuance of a Degree in engineering certificate to them in the context of the decision of GOI, Ministry of HRD vide order No. F 18-19/75/T-2, dated 26th May, 1977 so that they may be considered for appointment/promotion in or outside of the department where a qualification of degree in engineering is required. The Diploma holder AEs of AIR/DD may further claim for their promotion to JTS of IB(E)S retrospectively (or prospectively as the case may be) from the date they had thus become eligible for promotion. In case of denial, the representation shall form the ground for seeking relief from the court of law. Ram Shanker . H.G. Sharma Mob. 09868538073 Mob. 09462417843 Email: ramshanker1952@gmail.com Email: hgs_sharma@yahoo.com

The Director General, Akashvani,(Cadre Controlling Authority),Akashvani Bhawan,Sansad Marg,New Delhi-110 001. (Through Proper Channel)

Sub: Issue of certificate equivalent to Degree in Engineering in the light of the decision of Govt. of India, Ministry of HRD, New Delhi, vide order dated 26th May,1977 and considering me for promotion to JTS of IB(E)Service retrospectively ( or prospectively as the case may be ) from the date I had become eligible for the promotion. Ref: Govt. of India, Ministry of Education & Social Welfare (Department of Technical Education), New Delhi (now Ministry of Human Resource Development)’s order vide No. F 18-19/75/T-2, dated 26th May, 1977. (copy enclosed)

Sir,

Kindly refer to above mentioned decision of GOI, Ministry of HRD vide order dated 26th May, 1977 to recognise a Diploma in Engineering in appropriate discipline plus total 10 years of Technical experience in the appropriate fields as equivalent to Degree in Engineering and which would be considered valid for the purpose of selection to Gazetted posts and services under the Central Government or state Governments.

Sir, I have passed Diploma in Electrical/ Electronics/ Telecommunication (strike out which is not applicable) Engineering in the year…………. and was appointed as Engineering Assistant in AIR/DD at station AIR/DDK,………….……………….with effect from the date…………..…….after having satisfied the qualification/ selection criteria etc. for the post. I was promoted to the post of Senior Engineering Assistant with effect from …………………and further to the post of Assistant Engineer with effect from …………………on the recommendations of Departmental Promotion Committees. The nature of job of the posts EA/SEA/AE in AIR &DD is technical in the field of Radio & TV broadcasting. I have completed 10 years of regular service as on…………………..doing technical works and have become eligible to be recognised having qualification equivalent to Degree in Electrical/ Electronics/ Telecommunication (strike out which is not applicable) Engineering with effect from this day of …………………………in accordance with the said decision of the Government dated 26th May, 1977.

I therefore request you to kindly issue me a certificate in this regard of having acquired qualification equivalent to Degree in Electrical/ Electronics/ Telecommunication (strike out which is not applicable) Engineering with effect from this day of ………………………after completion of 10 years of regular service doing technical works on this day in accordance with the said decision of the Government dated 26th May, 1977.

Furthermore, I had completed 3 years of regular service in the grade of Assistant Engineer as on …………………and have fulfilled the eligibility criteria of qualification as well as that of minimum qualifying service of 3 years in the grade of Assistant Engineer as on this day of…………………to be considered for promotion to JTS of Indian Broadcasting

(Engineers) Service, on the basis of selection on merit against 50% Departmental Promotion Quota, as specified in 4th Column against Serial No. 6 of Schedule III of principal rules of Indian B’casting (Engineers) Service Rules, 1981 as amended from time to time. (The principal rules of IB(E)S were published in the Gazette of India Extraordinary Part II, section 3, sub-section(i), dated 5th November, 1981 vide Govt. of India, Ministry of I&B Notification No. 301/1/81-B(D), GSR 578(E), dated 4th November, 1981 and were subsequently amended from time to time) I therefore also request you to kindly promote me to JTS of Indian Broadcasting (Engineers) Service retrospectively (or prospectively as the case may be) with effect from the day I had become eligible for the promotion along with all the consequential benefits.

With regards, Yours sincerely,Date:

Signature : Name : Designation : Place of Posting :

Copy for information and necessary action to;

The Chief Executive officer, Prasar Bharati,India’s public Service Broadcaster,2nd Floor, PTI Building,Sansad Marg, New Delhi- 110 001.

Govt. of India, Ministry of Education & Social Welfare (Department of Technical Education), New Delhi ( now Ministry of Human Resource Development )’s order vide

No. F 18-19/75/T-2, dated 26 th May, 1977