Lok Sabha Question No. 2852 (UNSTARRED), answered on 2018-03-13
Subject: Recommendation of NCSC
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: UDIT RAJ

## GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT LOK SABHA

UNSTARRED QUESTION NO. 2852 TO BE ANSWERED ON 13.03.2018

## RECOMMENDATION OF NCSC

## Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:

(a) whether it is a fact that petitioners have complained to National Commission for Scheduled Castes (NCSC) regarding neglect of its recommendations issued to Department of Telecom (DoT) and Mahanagar Telephone Limited (MTNL) to implement the DoP&T  guidelines issued   pursuant to 8Sth Constitution Amendment Act; 2001; Nigam

- (b) if so, the reaction of the Government thereto;
- (c) the details of recommendations issued by NCSC to different Ministriesl Departments of Union and State Governments and complaints regarding defying/neglecting of the same received from petitioners during the last three years and the current year, year-wise;
- (d) whether the Government plans to empower the NCSC by amending Article 338 of Constitution to initiate action against the errant officials for defying Government orders issued in the interest of Scheduled Castes; and
- (e) if the details thereof and if not, the reasons therefor? SO,

## ANSWER

## MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI VIJAY SAMPLA)

(a): Yes, Madam. The National Commission for Scheduled Castes (NCSC) had received representation from some Scheduled Caste oflicers working in the MTNL under the Department of Telecommunication (DoT) regarding wrong fixation of   seniority and non implementation of 82th Amendment Act; 2001 . The Commission heard both MTNL and the Department of Telecommunication in the matter: NCSC in its final hearing dated 12.10.2015 advised Department of Telecommunications to re-examine the matter in terms of DoPT guidelines and submit an Action Taken Report to it within a of 30 period days

- (b): Department of Telecommunications has re-examined the matter and decided on the correct seniority to be assigned to the petitioners of MTNL aS per their letter dated 16.2.2017(Annexure-I)
- (c): The recommendations made by the NCSC to different Ministries/Departments of the State and Central Governments are not binding in nature\_
- (d): No Madam:
- (e): The Department of legal Affairs has opined that The Chairperson, Vice-Chairperson and other Members of the NCSC are not qualified members  of judiciary,  certainly will be   unable to apply the legal jurisprudence while performing the functions as judges, nor are required to be eligible as a judge of High Court. Adequate   safeguards for all the Scheduled Castes is available under the  SCIST (Prevention   of Atrocities) Act;, 1989, so there is no need of amending the present Constitution for the purpose of providing full power of High Court to the Commission. they they

## No: 14-2/2006-STG.II

## Government of India Ministry of Communications Department of Telcom (STG II Section)

RNo. 419, Sanchar Bhavan; 20-Ashoka Road; New Delhi 110 001,

The Chairman & Managing Director MTNL, 5th Floor, Mahanagar Doorsanchar Sadan CGO Complex, Lodhi Road New Delhi-110003 To,

Dated:

(6 02.2017.

Sub: Representation from & Others Delhi regarding fixation of seniority and denial of promotion in TES Group &S per the 85uh Amendment Act; of the Constitution.

Ref: MTNL's letter No.MTNLICO/Pers II/Court Cases/2013/ 1548 dated 30.12.2016.

Sir,

I am directed to refer to letter under reference on the above mentioned subject and to on permanent basis and he is no longer Govt. employee. The Personnel & Establishment matters such as promotion; seniority etc\_ of Shri Achchhey Lal are under the purview of MTNL only and DoT has no role to play in such matters\_

- 2 The records, in original, relating to promotion; seniority, court cases, DPC etc , which were dealt with by DoT to absorption of TES   Group B' officers in MTNLIBSNL; have already been transferred to MTNLIBSNL for appropriate action at their end since there is no employee-employer relationship between the absorbed TES Group 'B' officers of MTNLIBSNL and DoT. being prior taking
- 3 . MTNL has also circulated the seniority list of their absorbed TES B' officers as intimated by MTNL by their letter dated 05.03.2009. Group
- 4 1f, Shri Achchhey Lal is having any grievance regarding assignment of his seniority position, he should approach MTNL for re-dressal.
- 5 Shri Achchhey Lal has been knocking the doors of Commission at a regular intervals for such a relief which has already been granted to him by accelerating his seniority in the of TES   Group B' Cadre to 17198.056 Constitution   (85th) Amendment Act-2001, However; the officer is claiming the seniority at 14146.07Q which grade

<!-- image -->

was inadvertently assigned to 'him and later the same was withdrawn correctly, hence; the officer cannot claim for such seniority inadvertently granted and for which he is actually not DoT: )

6. It is therefore, requested that the action may be taken by MTNL at their end and reply may be given to Shri Achchhey Lal accordingly.

<!-- image -->

Yours Faithfully

[Ajay Kumar V R] Under Secretary to the Govt; of India

Tele No. 23036282/Fax No.23716099

<!-- image -->

<!-- image -->