AU/16/Dir/19/ 68. 23rd
July 2019.
To
The Director,
BARC.
Sub: Submission of cast validity certificate employees belonging to
Maharashtra State.
Ref: our earlier letter No.AU/16//10/10/91/63 dated 1/9/2010.
Sir,
With
reference to the above subject we may allow to invite your kind attention to
the following. We write this letter in continuation to our earlier letter dated
1st September 2010 addressed to the controller, BARC in which we
have stated as follows.
As
per guideline containing in the DOPT OM dated 16/3/1999 where in it has been
directed that SC/ST candidate should be appointed provisionally on the basis of
whatever prima-facie evidence they are able to produce in support of their
claim belonging to SC/ST and such claim to be verified that is through the District
Magistrate etc.
After obtaining the ST certificate the same
may be subjected for verification by sending to the concern District authority
viz. District collector, Deputy Commissioner, District Magistrate for confirmation.
Para
No 40 of DOPT OM No.36011/6/2010/Estt.(RES) Dt.25/6/2010 where in it has been
directed verification of cast certificate of SC/ST/OBC employees is required to
be considered by issuing authorities as indicated there in.
Further
the subject was discussed with the then Director BARC on 2nd May
2011 and he has opined that “ Verification
of Cast Certificate and validity by the scrutiny committee are two different
issues and that the verification is mandatory and validation is required in
case of any dispute. However if necessary a reference may be made to DOPT
through DAE”.
Seven
years
later it has been sent a reference to CAO(P) BARC
to CAO(A), BARC on 17th
August 2018 seeking the clarification
whether any reference is sent to DAE regarding the exact procedure to be followed
for verification of cast certificate in respect of SC/ST/OBC belonging to
Maharashtra state and appointed in Govt. Service in BARC. If so the decision conveyed
by DAE in this regard may be intimated to the undersigned (CAO (P)) immediately.
After
passing 11 months no replay is received from
CAO(A) about the status of reference to DAE .In spite of all the Establishments in BARC has directed to issue letters to submit validity of cast certificate stating “clause
4(2) of Maharashtra Sheduled Cast,Sheduled Tribe,De-notified Tribes(Vimukta
Jatis), Nomadic Tribe, Other Backward Classes and Special Backward Catogaries (Regulation
of issuance &verification) the Cast certificate 2000 dated 23rd
May 2001, the cast certificate issued by the competent authorities shall be
valid only subject to the verification and grand of validity certificate by the
scrutiny committee.”
It
is brought to your notice that the Cast Scrutiny committee has given
clarification that “The employees on
establishment of Central Governmental Department, it is not necessary to
verification of Cast certificate from the Scrutiny committee. The Order is only
for the employees posted in the state
of Maharashtra and Semi Government.( O/W No.D.C.S.C.No2/Dhule/service cast/747/2014-15
dated 9/4/2014)
Now
all the establishments are started issuing letter to the individual employees
asking them to submit the cast validity certificate within stipulated time. It
is also warned non- submission of validity certificate within the time limit,
action will be initiated against such employees.
In
this regard this Union emphasis that BARC employees are governed by the orders
issued by the DOPT and endorsed by DAE. There no Orders issued by either DOPT
or DAE to sending cast certificate to the scrutiny committee constituted by the
Maharashtra State Government. The senior employees are only submitted the cast
certificate issued by the District Magistrate/Commissioners/Collectors and they
are under severe stress because of this administrative action. It will not be
out of place to mention all these employees are completed the process of
verification by the issuing authority.
It
is therefore request you to instruct the administration to restrain from such
action and only comply the DOPT/DAE orders on the subject.
Thanking
you,
Yours faithfully,
(A.Sreedharan)
Gen.Secretary.
C.C:
1. Controller BARC
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Shri A Shridharan