No.ADASA/NC/PSC/2010 Dt.

08/11/2010

Shri
Honourable Member of Parliament,
New Delhi.

Sub: Prasar Bharati (Broadcasting Corporation of India) Amendment Bill, 2010 –

Views/Suggestions of Akashvani & Doordarshan Administrative Staff Association
(ADASA) – Request for intervention of Honourable MPs – Reg.

Sir,

We the members of Akashvani & Doordarshan Administrative Staff Association

(ADASA) representing the Administrative employees working in Prasar Bharati wish to bring
the following issue to your personal attention and necessary action.

1. The Ministry of I&B has introduced an amendment bill, Prasar Bharati

(Broadcasting Corporation of India) Amendment Bill 2010, to amend Section 11 of the Principal
Act in the Rajya Sabha. The same has been referred to the Parliamentary Standing Committee
on Information Technology which invited the views/suggestions of this Association. Accordingly
we have presented our views/suggestions on the proposed amendment and also gave oral
witness on 27-10-10. The proposed amendment, if carried out, will adversely affect the interest
of the employees. Therefore, we seek your support in protecting the interests of the employees
when the amendment is discussed in the Parliament. We are also giving below a brief account
of the issues involved.

2. You are kindly aware that Akashwani and Doordarshan were converted into an
autonomous corporation w.e.f. 15-09-1997, consequent on the notification of Prasar Bharati Act
1990. The Section 11 thereof provides for transfer of services of existing employees to the
corporation by calling options. However, the said provision was not implemented. Soon after
the conversion, certain categories of employees belonging to Engineering and Programme were
granted upgraded pay scales, i.e. over and above the recommendation of V pay commission.
While accepting the pay scales these employees collectively and individually gave an
undertaking to the effect that they are accepting the pay scales for working in Prasar Bharati
and whenever options are called for they will opt for Prasar Bharati and in the event of their
refusal to do so they will refund all benefits arising out of the upgraded scales.

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3. Later, these employees came together under the banner of NFADE (National
Federation of Akashvani Doordarshan Employees) and started demanding that the benefits
enjoyed as Central Government employees such as Central Pool Accommodation (GPRA), CGHS
benefits and Kendriya Vidyalaya admissions be extended to them even in Prasar Bharati.
Therefore, the GOM which was formed to consider certain issues relating to Prasar
Bharati, decided to allow the erstwhile employees of Akashvani and Doordarshan to
remain on “deemed deputation till retirement” in order to extend the above benefits to
the employees. Later this position was extended to cover even those employees recruited by
Prasar Bharati after the appointed day and upto 05-10-2007. It has also been decided that all
posts in the erstwhile Akashvani and Doordarshan are transferred to Prasar Bharati to be filled
by them. The present amendment has been brought to implement the above decisions.

4. The above decision of the GOM is sought to be implemented by deleting the

Section 11 as it exists now and introducing in its place Section 11(1) & (2) through the
amendment. By introducing the Section 11 B (1) all the posts in the erstwhile Akashwani and
Doordarshan are sought to be transferred to Prasar Bharati and these posts will be filled by
Prasar Bharati by their own employees.

5. However, this arrangement is bound to create conflict in the interest of

erstwhile employees of Akashvani and Doordarshan who are placed on deemed
deputation till retirement and those who are recruited by Prasar Bharati. As per
legal and administrative principles evolved so far the employees borne on the cadre
(in this case employees recruited by Prasar Bharati) have a overriding claim in the
matters of promotion, lien etc. over deputationists. In that case the employees on
deemed deputation will be overlooked in the matters of promotion, lien etc. Thereby
by a single stroke of pen the employees originally recruited for the functions of
Akashvani and Doordarshan which have now been transferred to Prasar Bharati
under sec.12 of the Principal Act have been reduced to outsiders and encroachers.

6. In the proposed amendment by introducing Section 11 (3) it is ordered that the

officers and employees referred to in Section 11 (1) & (2) i.e. the employees who will be on
“deemed deputation” shall be entitled to the pay and all other benefits as admissible to an
employee of Central Government. As we have pointed out above certain categories of
employees belonging to Engineering and Programme have already been granted upgraded pay
scales over and above the entitlement referred to in the clause under consideration by invoking
Section 11 (4) & (5) of the Principal Act. The members of ADASA are also demanding the same
benefit which is under the active and advanced stages of consideration of the Government. In
the event of the Engineering and Programme employees allowed to enjoy the benefit
continuously without prejudice to the amended clause being proposed, the members of this
Association should also be extended the same benefit. Otherwise any other course of action will
amount to denial of equality of treatment under the Constitution. Therefore we appeal to you
to kindly give particular attention to this aspect while the amendment is discussed in the
Parliament.

7. Section 11 as it stands today is the essence of wisdom gained in the past several
cases where such conversion of government departments has taken place. Section 11 contains
all the options necessitated by various circumstances such as transfer to the autonomous body
or going back to the government, in the matter of pay and terminal benefits for the transferred
employees etc. Therefore deleting Section 11 is an unwarranted step and by introducing an
unprecedented provision i.e. “deemed deputation till retirement” the Ministry will inflict harmful
effects in the service condition of employees.

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8. We have submitted our views/suggestions regarding the proposed amendment

to the Parliamentary Standing Committee on IT as mentioned above. In view of our
submissions we have requested to

(i) withdraw the amendment or in the alternative

(ii) to insert deemed deputation till retirement as one more option
alongwith the prevailing ones instead of deleting the Section 11 lock stock and
barrel

9. In continuation of our efforts to safeguard the interests of the employees we

appeal to you to kindly take note of our concerns expressed above regarding the adverse effect
of the proposed amendment in the service condition of the employees in general and also the
adverse effects that may be caused to the pay scale demand of the members of this Association
in particular (as stated in Para 6 above) and take appropriate measures whenever the
amendments are discussed in the Parliament so that the vital interests of the employees are
protected.

Thanking you,

Yours faithfully,

(SANGAM THAKUR)
Shri Harish Rawat,
Hon’ble Minister of State for Labour,
New Delhi-1.

NOTE

The issue of upgraded pay scales to administrative employees working in the

Prasar Bharati is a settled issue with the Hon’ble MIB as well as the ministry having
accepted the same and the Minister gave specific written assurances as
follows.(vide Minutes dated 27-04-2008)

iii) Hon’ble Minister intimated the ADASA representatives that he would be taking
up their issue with all seriousness in the GOM Meeting, but the final decision
would depend not on him alone but on the GOM members as a whole.

iv) Hon’ble Minister assured the ADASA representatives that since the GOM
recommendations require the approval of the Union Cabinet, he would
be taking up their case even before the Cabinet as and when the GOM
recommendations are discussed, in the cabinet.

Subsequently the GOM was reconstituted and the matter was included as a
specific agenda. However the GOM after considering the same have decided that
the granting of upgraded pay scales to administrative employees in view of being
common cadre will lead to interdepartmental implications.

After that the Association submitted documentary evidence to show that

even in the case of engineering and programme employees identical objections
were raised by DOPT and Min. of Finance while considering their case for granting
upgraded scales. Even then this matter was carried forward since the same was
accepted by the Minister.

After our submissions as stated above, on the instructions of the Hon’ble MIB
ADASA was also invited by the Committee of Joint Secretaries and oral submission
was made to the Committee.

The letter and spirit of the assurances given to the Association by the
Hon,ble Minister is that the Minister took upon himself the responsibility of settling
the issue by taking the same to cabinet. Therefore we appeal to you to impress
upon the Hon’ble MIB to see to it that the issue is approved in the Cabinet.
This Association will ever remember your services in resolving this long
pending issue.

(SANGAM THAKUR)
GENERAL SECRETARY
Shri Harish Rawat,
Hon’ble Minister of State for Labour,
New Delhi-1.

Sir,

This is in continuation of the telephonic conversation our Manarashtra Zonal

Secretary Shri Subramaniam had with you last week. You are kindly aware of the
decade long struggle by the administrative employees to remove the wage
discrimination prevailing in Prasar Bharati. You have been our constant supporter
and even addressed some of our struggle meetings. It would not be out of place to
mention that your support had a vital part in making the Honourable MIB agree to
our demand. The enclosed note will explain the present status of the issue and the
action that is required to be taken.

Therefore we appeal to you to take up the matter personally with the

Hon’ble MIB to see to it that the issue is carried forward and approved in
the Cabinet. This Association will ever remember your services in
resolving this long pending issue.

Thanking you,

Yours faithfully,

(SANGAM THAKUR)
GENERAL SECRETARY
Encl: As above