This message- a note sheet reply received from Dept. of Personnel & Training categorically deneying issue of any SVRS directives prior to 2002. click the image to magnify.
Thursday, September 28, 2006
Wednesday, September 27, 2006
WP No.16155/1997-Gist for the argument:
· In his counter affidavit the learned Joint Director Shri.S.Talukdar has revealed the Real intentions of the EIC under para-7 for formulating magnificent SVRS-1994-Reason stated: REDUCED WORK LOAD (meaning SURPLUS STAFF)
· EIC-A Statutory body & Governed by CCS Pension Rules-Instead of approaching NODAL DEPTS with SURPLUS LIST of employees or Redeployment PROPASALS cheated the employees by designing the Impugned SVRS-1994 deliberately suppressing the motives (by not incorporating them in the circular dt.21st.May1994). Also hurriedly implemented the ILLEGAL scheme (in violation of Article 77(3) of the constitution of India).
· As per the Govt. of India Allocation of Business rules & transaction of Business rules (1961) under Article 309 0f Constitution ONLY NODAL agencies like Dept. of Personnel & Training and Dept. of Pension & Pensioners Welfare were EMPOWERED to give necessary directives on service matters of employees. Hence SVRS-1994 is Ultra Vires.
· Though the scheme was claimed as VOLUNTARY, I was forced to submit the option Vide letter no: EIA: MS/Admn/gen/94-95/1134 dt.31.5.1994 even before clarifying the terms of the scheme.
· Also we were indirectly forced by delayed payment of salaries for two months especially after the release of circular dt.21.5.1994.Coupled with the tactics of the then Acting Director Shri.S.Lakshmikanthan who made 3 visits from Delhi to motivate the employees in an open office meeting conducted on 22nd.June 1994.
· I would not have opted this ILLEGAL SVRS-1994 provided the decisions of the Govt. as pointed out in the counters have been properly incorporated in the SVRS-1994 circular dated 21st.May 1994. Thus I have been deprived/kept in dark deliberately from opting Normal VRS under CCS pension rules.
· So I am prepared to REPAY SOCALLED INCENTIVES received by me to ACCEPT THE NORMAL VRS Pension under CCS pension rules.
· I pray the Hon’ble Court to end my long mental agony by suitable directives and restore the Justice.
M.VENKATESAN
· In his counter affidavit the learned Joint Director Shri.S.Talukdar has revealed the Real intentions of the EIC under para-7 for formulating magnificent SVRS-1994-Reason stated: REDUCED WORK LOAD (meaning SURPLUS STAFF)
· EIC-A Statutory body & Governed by CCS Pension Rules-Instead of approaching NODAL DEPTS with SURPLUS LIST of employees or Redeployment PROPASALS cheated the employees by designing the Impugned SVRS-1994 deliberately suppressing the motives (by not incorporating them in the circular dt.21st.May1994). Also hurriedly implemented the ILLEGAL scheme (in violation of Article 77(3) of the constitution of India).
· As per the Govt. of India Allocation of Business rules & transaction of Business rules (1961) under Article 309 0f Constitution ONLY NODAL agencies like Dept. of Personnel & Training and Dept. of Pension & Pensioners Welfare were EMPOWERED to give necessary directives on service matters of employees. Hence SVRS-1994 is Ultra Vires.
· Though the scheme was claimed as VOLUNTARY, I was forced to submit the option Vide letter no: EIA: MS/Admn/gen/94-95/1134 dt.31.5.1994 even before clarifying the terms of the scheme.
· Also we were indirectly forced by delayed payment of salaries for two months especially after the release of circular dt.21.5.1994.Coupled with the tactics of the then Acting Director Shri.S.Lakshmikanthan who made 3 visits from Delhi to motivate the employees in an open office meeting conducted on 22nd.June 1994.
· I would not have opted this ILLEGAL SVRS-1994 provided the decisions of the Govt. as pointed out in the counters have been properly incorporated in the SVRS-1994 circular dated 21st.May 1994. Thus I have been deprived/kept in dark deliberately from opting Normal VRS under CCS pension rules.
· So I am prepared to REPAY SOCALLED INCENTIVES received by me to ACCEPT THE NORMAL VRS Pension under CCS pension rules.
· I pray the Hon’ble Court to end my long mental agony by suitable directives and restore the Justice.
M.VENKATESAN
From: M.Venkatesan, May 06, 2006
Ref:DPT-6016, Raja apartments, 15/5A-B.K.N Street,
Westmambalam,
CHENNAI-600 033.
To: Dr. M.S. Rao,
Joint Secretary, Dept. Of commerce, Room No. 247, Udyog Bhawan, New Delhi.
Telefax: 23061796# m_srao@ub.nic.in
Through The Director, Export Inspection council of India, New Delhi.
Dear Sir,
Sub: Surrender of incentives received under illegal SVRS-1994.
After 12 years of effort I could get hold of a circular under Right To Information Act-2005.Original circular no: 3/8/91-EI & EP Dt. 21May1994 issued by the ministry was manipulated* by the then Director of EIC to cheat the officers/staff. Govt. of India under the Allocation of Business Rules & Transaction of Business Rules has empowered** The Department of Personnel &Training (as Nodal Dept) to frame the rules/regulations to be implemented by all other ministries.
Hence SVRS-1994 of EIC is illegal & in violation of articles 144,309,313 & 372 of Constitution of India.
I am prepared to repay the so called illegal incentives received by me with interest to accept the normal VRS benefits under the CCS Pension Rules of 1972.
Hope this will receive your kind attention to end my ordeal & mental agony.
Thanking you.
Sincerely Yours,
Chennai-33
16th.May2006
√c.c to: Staff Grievance Officer, Shri P.K. Mahapatra, Joint Secretary, Room No. 247, Udyog Bhawan, New Delhi (Tele fax No. 23063461; E-mail: pkmahapatra@nic.in).Ref:DPG-58
As fax number 23016461 is not responding this message is being faxed to Commerce Secretary Number 23061796# for onward transmission to Dr.MSR.
Ref: DPG-57 (Advance copy)
√ c.c to The Jt.Secretay(AT &A)DOPTFax:23092580/email:ramaujam@alpha.nic.in
√ c.c to The Director,Dept of Pension &Pensioners Welfare.Fax:24624802 email:singhmp@hub.nic.in
Please note that again EIA introduced SVRS vide: EIC/D (Q/C) 121/2002/1815 Dt.1.6.2002 based on OM No: 25013/6/2001-Estt. (A) Of Ministry of Personnel, Public Grievances & Pensions, Dept. of Personnel & Training.
√ c.c to PMO
*
The clandestine action of the Export Inspection Council( in consultation with Department of Commerce) on the 21st.May 1994 circular- a blemish of “ignoring or overlooking” (willfully) is in violation of Article 144 of Constitution.
Ref: AIR 1989 SC 1133
“EMPLOYEES should NOT be made to suffer ADVERSLY for the DEFAULT OR LAPSE on the part of Government, as it would be ARBITRARY, UNJUST AND UNREASONABLE”
**
Allocation of Business Rules & the Transaction of Business Rules made by His Excellency The President of India under Article 77 (3) of Constitution of India-cited below:
1.“ Formation of policies” in relation to “pension and other Retirement benefits and other aspects of Personnel Administration” and the “Framing Rules” thereupon, under the “Proviso” to article 309 of the Constitution, are exclusively within the “domain” of the NODAL department of Pension and Pensioners’ Welfare (especially in cases INVOLVING significant recurring financial implications, under the Department of Expenditure as well); and
2.the exercise of SUPERORDINATE powers in relation to INTERPRETATION/RELAXATION of “any” of the provisions of the aforementioned Rules, inter alia the CCS (commutation of pension) Rules, 1981 is per se exclusively “reserved” to the NODAL Department of Pension and Pensioners’ Welfare and NONE in the “administrative” Ministries/Departments like the Department of Commerce.
Copy to: Hon’ble Minister of Commerce Shri. Shri Kamal Nath with a special request to expedite my appeal.
Ref:DPT-6016, Raja apartments, 15/5A-B.K.N Street,
Westmambalam,
CHENNAI-600 033.
To: Dr. M.S. Rao,
Joint Secretary, Dept. Of commerce, Room No. 247, Udyog Bhawan, New Delhi.
Telefax: 23061796# m_srao@ub.nic.in
Through The Director, Export Inspection council of India, New Delhi.
Dear Sir,
Sub: Surrender of incentives received under illegal SVRS-1994.
After 12 years of effort I could get hold of a circular under Right To Information Act-2005.Original circular no: 3/8/91-EI & EP Dt. 21May1994 issued by the ministry was manipulated* by the then Director of EIC to cheat the officers/staff. Govt. of India under the Allocation of Business Rules & Transaction of Business Rules has empowered** The Department of Personnel &Training (as Nodal Dept) to frame the rules/regulations to be implemented by all other ministries.
Hence SVRS-1994 of EIC is illegal & in violation of articles 144,309,313 & 372 of Constitution of India.
I am prepared to repay the so called illegal incentives received by me with interest to accept the normal VRS benefits under the CCS Pension Rules of 1972.
Hope this will receive your kind attention to end my ordeal & mental agony.
Thanking you.
Sincerely Yours,
Chennai-33
16th.May2006
√c.c to: Staff Grievance Officer, Shri P.K. Mahapatra, Joint Secretary, Room No. 247, Udyog Bhawan, New Delhi (Tele fax No. 23063461; E-mail: pkmahapatra@nic.in).Ref:DPG-58
As fax number 23016461 is not responding this message is being faxed to Commerce Secretary Number 23061796# for onward transmission to Dr.MSR.
Ref: DPG-57 (Advance copy)
√ c.c to The Jt.Secretay(AT &A)DOPTFax:23092580/email:ramaujam@alpha.nic.in
√ c.c to The Director,Dept of Pension &Pensioners Welfare.Fax:24624802 email:singhmp@hub.nic.in
Please note that again EIA introduced SVRS vide: EIC/D (Q/C) 121/2002/1815 Dt.1.6.2002 based on OM No: 25013/6/2001-Estt. (A) Of Ministry of Personnel, Public Grievances & Pensions, Dept. of Personnel & Training.
√ c.c to PMO
*
The clandestine action of the Export Inspection Council( in consultation with Department of Commerce) on the 21st.May 1994 circular- a blemish of “ignoring or overlooking” (willfully) is in violation of Article 144 of Constitution.
Ref: AIR 1989 SC 1133
“EMPLOYEES should NOT be made to suffer ADVERSLY for the DEFAULT OR LAPSE on the part of Government, as it would be ARBITRARY, UNJUST AND UNREASONABLE”
**
Allocation of Business Rules & the Transaction of Business Rules made by His Excellency The President of India under Article 77 (3) of Constitution of India-cited below:
1.“ Formation of policies” in relation to “pension and other Retirement benefits and other aspects of Personnel Administration” and the “Framing Rules” thereupon, under the “Proviso” to article 309 of the Constitution, are exclusively within the “domain” of the NODAL department of Pension and Pensioners’ Welfare (especially in cases INVOLVING significant recurring financial implications, under the Department of Expenditure as well); and
2.the exercise of SUPERORDINATE powers in relation to INTERPRETATION/RELAXATION of “any” of the provisions of the aforementioned Rules, inter alia the CCS (commutation of pension) Rules, 1981 is per se exclusively “reserved” to the NODAL Department of Pension and Pensioners’ Welfare and NONE in the “administrative” Ministries/Departments like the Department of Commerce.
Copy to: Hon’ble Minister of Commerce Shri. Shri Kamal Nath with a special request to expedite my appeal.
Saturday, September 23, 2006
THANKS TO RIGHT TO INFORMATION ACT 2005 WHICH EXPOSED THE
BIGGEST FRAUD ON GOVT. EMPLOYEES IN BLATANT VIOLATION OF CONSTITUTION BY COMMERCE MINISTRY OFFICIALS
Export Inspection Agency a statutory body under commerce ministry is governed by the CCS Pension Rules of 1972. After 12 years of effort I could get hold of a circular under Right To Information Act-2005.Original ambiguous circular no: 3/8/91-EI & EP Dt. 21May1994 issued by the ministry was manipulated by the then Director of EIC Shri.S.Lakshmikanthan to cheat the officers/staff. Govt. of India under the Allocation of Business Rules & Transaction of Business Rules has empowered The Department of Personnel &Training (as Nodal Dept) to frame the rules/regulations to be implemented by all other ministries. DOPT-Nodal dept. has replied in writing that it has not issued any other directives other than 2002-SVRS circular.
Hence SVRS-1994 implemented through clandestine actions of Commerce Ministry/ EIC is illegal & in violation of articles 144,309,313 & 372 of Constitution of India.
To get back our legitimate rights simultaneous actions are contemplated through Media, Parliament & Judiciary.
All employees who were in PENSION scheme but took the ILLEGAL SVRS in 1994 are requested to get in touch with me with the latest contact details immediately.
M.Venkatesan,
16, Raja apartments, 15/5A-B.K.N Street,
Westmambalam, CHENNAI-600 033.
Telefax: +91 44 23700049 email: venkym1@sancharnet.in
September 14, 2006
BIGGEST FRAUD ON GOVT. EMPLOYEES IN BLATANT VIOLATION OF CONSTITUTION BY COMMERCE MINISTRY OFFICIALS
Export Inspection Agency a statutory body under commerce ministry is governed by the CCS Pension Rules of 1972. After 12 years of effort I could get hold of a circular under Right To Information Act-2005.Original ambiguous circular no: 3/8/91-EI & EP Dt. 21May1994 issued by the ministry was manipulated by the then Director of EIC Shri.S.Lakshmikanthan to cheat the officers/staff. Govt. of India under the Allocation of Business Rules & Transaction of Business Rules has empowered The Department of Personnel &Training (as Nodal Dept) to frame the rules/regulations to be implemented by all other ministries. DOPT-Nodal dept. has replied in writing that it has not issued any other directives other than 2002-SVRS circular.
Hence SVRS-1994 implemented through clandestine actions of Commerce Ministry/ EIC is illegal & in violation of articles 144,309,313 & 372 of Constitution of India.
To get back our legitimate rights simultaneous actions are contemplated through Media, Parliament & Judiciary.
All employees who were in PENSION scheme but took the ILLEGAL SVRS in 1994 are requested to get in touch with me with the latest contact details immediately.
M.Venkatesan,
16, Raja apartments, 15/5A-B.K.N Street,
Westmambalam, CHENNAI-600 033.
Telefax: +91 44 23700049 email: venkym1@sancharnet.in
September 14, 2006
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