AU/16/DIR/20/04 Date: - 05/02/2020
To,
The Director,
B.A.R.C.
Sub: Submission of Caste Validity Certificate Reg.
Ref: Our earlier letters to Director BARC dated 01/09/2010 and 23/07/2019.
Respected Sir,
Regarding the above subject, we may invite your kind attention to the following points for your kind perusal.
The above subject was represented in our earlier referred letter dated 1.9.2010 (Annex-I) to then-Director BARC and he advised the Administration to follow the DoPT guidelines in the case of verification of caste certificate. Now some of our employees who recruited against the post of the reserved category who belongs only to Maharashtra state and working in BARC are being issued the letters/memorandum by the authorities under the Instruction of DAE.
It is understood the Department of Personnel and Training, Central Government under the notification dated 08.04.2019, (Annex-II) had mentioned that with effect from 28.11.2000, all the benefits and facilities provided to reserved category employees mentioned in the above OM will be abandoned due to the Honorable Supreme Court of India Judgment Civil Appeal No.10387-10388/2018 SLP No.18555-18556/2018 in the case of RBI. We would like to inform you that in the said judgment dated 10.10.2018 & 11.10.2018 (Annex-III) respectively, it is mentioned that the order shall apply only to the petitioner (RBI and Food Corporation of India Staff) and not for other Central Government Employees. In this contest we would like bring the following relevant points to your consideration.
1. we have received the reply under the RTI Act.2005 vide letter dated 30.08.2019 that the Halba / Halbi communities are listed at entry No.19 in the list of (ST) Scheduled Tribes of Maharashtra State published in the Gazette of India on 20.09.1976. The copy is enclosed as (Annex-IV). i.e. The Caste Halba Is Not De-Notified.
2. The Caste Scrutiny Committee constituted by Maharashtra State Government itself has clarified that (Annex-V) “According to Sec-2D of alleged Act 2000 of Maharashtra SC, ST, VJNT, OBC and SBC (issuance and verification of Caste certificate) Act 2000, Government means the Government of Maharashtra. The act applies to the state of Maharashtra.” Thus it is clear that the above act applies to the employees of Maharashtra Government or semi Govt. only.
3. For implementing any O.M in BARC the endorsement of DAE is required and the alleged above Maharashtra State Govt. OM/Act 2000 is not endorsed by the DAE.
4. The DoPT has clarified through its RTI reply by the Under Secretary (Estt.-Reservation-1) has clarified that (Annex-VI) “ No such orders are issued ” against an information under RTI “ Is there any order issued for Caste Validity Certificate from the Caste Certificate Scrutiny Committee, created by the Maharashtra State Government, for the Central Government employees belonging to Scheduled Tribes who are related to the State of Maharashtra by DoPT ? ”
5. Now the BARC Administration has gone beyond the scope of OM dt.08.04.2019 that all the BARC employees who belong to Maharashtra state coming under the ambit of reservation (SC/ST/OBC) are being issued Memorandums to submit Caste Validity Certificate from the scrutiny committee.
6. This Union has firm view that if any deceptive case found in the case of reservation by the authorities should penalize as per the law but putting employees in an agony situation for an unjustified reason is not acceptable to this Union.
All the Orders and RTI replies from DOPT is upholding the position of Atomic Energy Workers & Staff Union in the above subject.
In the above-stated position, the action initiated by the BARC Administration is not justified and uncalled for. The senior employees some of them are on the verge of retirement have put their entire service for the Department and they are under trauma. They are not able to perform their duty peacefully in their respective work place.
It is therefore requests your good offices to direct the concerned administration to put on hold such actions of issuing letters & Memorandums for submitting Caste Validity certificate and act according to DoPT orders and Directives. We further request you to arrange a personal hearing on the above subject in an early date.
Thanking you.
Yours sincerely,
A. Sreedharan
(Gen. Secretary)
Copy To:
The Controller, BARC
The CAO (P), BARC
To,
The Director,
B.A.R.C.
Sub: Submission of Caste Validity Certificate Reg.
Ref: Our earlier letters to Director BARC dated 01/09/2010 and 23/07/2019.
Respected Sir,
Regarding the above subject, we may invite your kind attention to the following points for your kind perusal.
The above subject was represented in our earlier referred letter dated 1.9.2010 (Annex-I) to then-Director BARC and he advised the Administration to follow the DoPT guidelines in the case of verification of caste certificate. Now some of our employees who recruited against the post of the reserved category who belongs only to Maharashtra state and working in BARC are being issued the letters/memorandum by the authorities under the Instruction of DAE.
It is understood the Department of Personnel and Training, Central Government under the notification dated 08.04.2019, (Annex-II) had mentioned that with effect from 28.11.2000, all the benefits and facilities provided to reserved category employees mentioned in the above OM will be abandoned due to the Honorable Supreme Court of India Judgment Civil Appeal No.10387-10388/2018 SLP No.18555-18556/2018 in the case of RBI. We would like to inform you that in the said judgment dated 10.10.2018 & 11.10.2018 (Annex-III) respectively, it is mentioned that the order shall apply only to the petitioner (RBI and Food Corporation of India Staff) and not for other Central Government Employees. In this contest we would like bring the following relevant points to your consideration.
1. we have received the reply under the RTI Act.2005 vide letter dated 30.08.2019 that the Halba / Halbi communities are listed at entry No.19 in the list of (ST) Scheduled Tribes of Maharashtra State published in the Gazette of India on 20.09.1976. The copy is enclosed as (Annex-IV). i.e. The Caste Halba Is Not De-Notified.
2. The Caste Scrutiny Committee constituted by Maharashtra State Government itself has clarified that (Annex-V) “According to Sec-2D of alleged Act 2000 of Maharashtra SC, ST, VJNT, OBC and SBC (issuance and verification of Caste certificate) Act 2000, Government means the Government of Maharashtra. The act applies to the state of Maharashtra.” Thus it is clear that the above act applies to the employees of Maharashtra Government or semi Govt. only.
3. For implementing any O.M in BARC the endorsement of DAE is required and the alleged above Maharashtra State Govt. OM/Act 2000 is not endorsed by the DAE.
4. The DoPT has clarified through its RTI reply by the Under Secretary (Estt.-Reservation-1) has clarified that (Annex-VI) “ No such orders are issued ” against an information under RTI “ Is there any order issued for Caste Validity Certificate from the Caste Certificate Scrutiny Committee, created by the Maharashtra State Government, for the Central Government employees belonging to Scheduled Tribes who are related to the State of Maharashtra by DoPT ? ”
5. Now the BARC Administration has gone beyond the scope of OM dt.08.04.2019 that all the BARC employees who belong to Maharashtra state coming under the ambit of reservation (SC/ST/OBC) are being issued Memorandums to submit Caste Validity Certificate from the scrutiny committee.
6. This Union has firm view that if any deceptive case found in the case of reservation by the authorities should penalize as per the law but putting employees in an agony situation for an unjustified reason is not acceptable to this Union.
All the Orders and RTI replies from DOPT is upholding the position of Atomic Energy Workers & Staff Union in the above subject.
In the above-stated position, the action initiated by the BARC Administration is not justified and uncalled for. The senior employees some of them are on the verge of retirement have put their entire service for the Department and they are under trauma. They are not able to perform their duty peacefully in their respective work place.
It is therefore requests your good offices to direct the concerned administration to put on hold such actions of issuing letters & Memorandums for submitting Caste Validity certificate and act according to DoPT orders and Directives. We further request you to arrange a personal hearing on the above subject in an early date.
Thanking you.
Yours sincerely,
A. Sreedharan
(Gen. Secretary)
Copy To:
The Controller, BARC
The CAO (P), BARC
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