Report

Of

Committee constituted under the chairmanship of

P.K.Bansal

to

suggest promotional avenues for

non-engg degree AEs

&

ITI SEAs

Report of the committee,

constituted under the chairmanship of P.K.Bansal,

to suggest promotional avenues for non-engg degree Assistant Engineers and ITI Senior Engineering Assistants

As per DG AIR’s order number 8/9/2000-SIVB dated 11.12.2001 (Annex I), a committee, consisting of the following, was constituted:

§ Sh P.K.Bansal, Chief Engineer (Development) AIR – Chairman

§ Dr V.K.Singh, Chief Engineer (AVM) North Zone & CE (M) DDn – Member

§ Sh D.K.Bandyopadhyay, Chief Engineer (Maintenance) AIR – Member

§ Sh Dwarika Prasad, Chief Engineer (TV Maintenance) North Zone – Member

§ Sh. Yogendra Pal, Director (Engg Personnel Management) – Member Secretary

2. OBJECTIVES

As per the existing R/Rs, AEs having same qualification as that prescribed for direct recruit to JTS{Engineering degree or M.Sc degree with special subject of radio engineering or wireless communication or electronics or radio physics} are eligible to get promotion to JTS in the DP quota of 50%. ITI holder SEAs are not eligible to get promotion to AEs.

The committee was to examine and suggest promotional avenues for these in-eligible categories:

i. non-engineering degree holder Assistant Engineers (AEs).

ii. ITI Certificate holder Senior Engg Assistants (SEAs).

3. VIEWS OF THE SERVICE ASSOCIATIONS

The office bearers of all the engineering service associations were asked to meet the members of the committee and express their views on this subject. They were also asked to give these views in writing. The meetings held with the service associations and the views expressed by them are:

1. Association of Radio & Television Engineering Employees (ARTEE)

The association representatives were asked to meet on 07.01.2002 and submit their proposal. The association asked for postponement and finally met on 15.01.2002. Their proposal was received only on 11.02.2002.

The association demands (Annex II):

a. Incorporate saving clause in the IB(E)S R/R Amendment 1989.

b. Promotion policy should be:

o Promote AEs as well as JTS officers to STS in 60:40.

o 60% AEs quota be further divided in 20:40 for AEs with engg degree and AEs without engg degree, each with 8 years of service, as AE.

o Suitable number of posts in STS cadre be created by abolishing some of the vacant posts of JTS.

c. Alternate promotion policy be:

o Divide the posts of STS in ‘Management Cadre’ and ‘Operational Cadre’ in the ratio of 40:60.

o Promote direct recruit JTS officers to the ‘Management Cadre’

o Promote the AEs to ‘Operational Cadre’

o Fill ‘Operational Cadre’ in the 20:40 ratio with engg degree and non-engg degree holders AEs.

o Eligibility service be:

JTS 5 years

Engg degree AEs 8 years

Non-engg degree AEs 10 years

o Posts in ‘Operational Cadre’ may be created by abolishing the vacant JTS posts.

d. ITI holder SEAs be allowed to take Deptt Competitive Exam under 75% quota for promotion to AE.

2. AIR & DDn Technical Employees Association (TEA)

The association representatives met on 09.01.2002 along with the proposal (Annex IIIa). They submitted an additional demand paper (Annex IIIb) on 16.01.2002.

The association has demanded:

a. Remove the existing qualification bar, from ITI holders SEAs, for promotion to AE.

b. Grant selection grade, with minimum hike of Rs 2000, to the stagnating SEAs.

c. The promote EAs must be treated equally with directly recruited EAs for promotion, particularly keeping in view that promote EAs get a higher pay scale of Rs 6500 (against Rs 5000 to direct recruit EAs).

d. Opening of promotional avenues and grant of selection grade to SEAs and AEs must be made simultaneously.

e. Qualifying percentage must be uniform in all the departmental exams.

f. Exams must be conducted annually for all the concerned cadres.

g. Confidential reports must not have any bearing on the promotions made through competitive exams.

h. Once an employee clears the departmental exam, he/she should be treated equally in all respects with his/her counterpart direct recruited.

3. AIR & Doordarshan Assistant Engineers’ Association

The association representatives met on 11.01.2002 and submitted their proposal on 22.01.2002.

The association demands (Annex IV):

a. All AEs who had passed qualifying/competitive exams before notification of 1989 amendment to JTS R/Rs should be promoted to JTS.

b. Review IB(E)S R/Rs on the basis of 1985 R/Rs of AEs. Diploma and degree holders have been fused together at the level of AE, so there should not be any further qualification bar. Also consider direct entry to STS in 1:1 ratio.

c. Seniority list prepared by interlacing of AEs, against 75% and 25% quotas, alone be taken as the basis for eligibility criteria for further promotion from 1991 onwards.

4. Graduate Engineers Association Akashvani and DDn

The association representatives met the committee members on 18.01.2002 and emphasized that the existing qualification bar for promotion to JTS should not be removed. In support of their argument they mentioned the following points:

a. A number of committees have already been constituted on this issue but none of these committees ever recommended the removal of qualification bar.

b. If the qualification bar is removed, there may not be any motivation for the employees to study further but this study is very essential keeping in view the induction of the state of the art equipment in the network.

c. Hardly 20 to 25 posts in DP quota of JTS are arising every year and even if the qualification bar is removed only a few AEs will be able to get promotions.

d. Further the following points were also submitted (Annex V) on 25.01.2002:

o For the JTOs, which are in the pay scale of Rs 6500-10500 (that of existing EAs in AIR and DDn), the DOT/MTNL have upgraded the entry qualification to engg degree.

o Demand for the removal of qualification bar was made to the V Pay Commission (para 73.17) but after due consideration the Commission had rejected this demand (para 73.19).

o Entry of diploma engineers in Group ‘A’ posts has been denied on rational basis by V Pay Commission in para 50.28.

5. AIR & Doordarshan Engineers’ Association

The association representatives were asked to meet on 23.01.2002 but they expressed their inability to meet at short notice without discussing the issue at CWC meeting.

They did not meet the committee members but submitted the following proposal (annex VI) on 08.02.2002:

a. Promotion to JTS and above may be allowed to diploma/B.Sc holders also but with due weightage.

b. Against the 50% DP quota to JTS, engg degree holder should be eligible with 5 years of service as AE whereas for the non-engg degree holder it should be 8 years with a common seniority list.

4. OSERVATIONS

The committee made the following observations:

4.1 Recruitment Rules of AE’s

Recruitment rules for Assistant Engineers were first framed in 1962. As per these rules, only engineering degree holders were eligible to become AEs. Non-engg Graduates were not eligible to become AEs at all. 5% of AEs posts were reserved for appointment by way of promotion of Graduate Senior Engineering Assistants (SEA) and 95% by direct recruitment of engineering graduates.

Amendment to these rules was made in 1967. The quota of the promotees was increased from 5% to 20% and that of direct recruitment reduced from 95% to 80%. The appointment was still made from amongst the engineering graduates only.

These rules were further amended in 1972. The quota of the promotees was increased from 20% to 60% and that of direct recruitment reduced from 80% to 40% but still only engineering graduates were eligible for appointment as AEs.

These rules were further amended in 1982. Direct recruitment was stopped in the cadre of AEs on the recommendation of the pay commission. Keeping in view the large scale requirement of AEs in the department, due to unprecedented expansion of the Doordarshan network, and also the demands of the service associations, for the first time, the non-graduates were allowed to become AEs but with longer length of service, than that of graduates, and after qualifying the departmental qualifying examination. 60% of the AEs posts were earmarked for the engineering degree holder SEAs, with 3 years service as SEA, failing which SEAs with 8 years of combined service as SEA and EA. The remaining 40% AEs posts were earmarked for non-graduate SEAs, with 5 years of service as SEA or 10 years of combined service as SEA and EA after qualifying the departmental qualifying examination (DQE). A candidate was allowed maximum three chances for qualifying the DQE. One time initial exemption was also given and a number of SEAs were promoted to AEs, even without clearing the DQE, with the condition that they will have to qualify the DQE, in maximum three attempts, to be eligible for further promotion. Accordingly about 300 persons qualified this DQE and they were declared eligible for further promotions as per the prevalent rules. However, out of these, only about 40 persons could get promoted. Rest could not get promotion due to further amendment in recruitment rules of JTS in 1989.

In 1986, the Central Administrative Tribunal struck down this quota system for Graduate SEAs and Non-graduate SEAs on the following grounds:

“If both the graduate SEAs with lesser qualifying service and non-graduate with a longer qualifying service and a pass in the Departmental Qualifying Examination are equally suitable to be appointed to the post of Assistant Engineer, we do not see how seniority could be ignored and certain percentage of AEs could be appointed from one or the other category of SEAs. Once they are treated as equal upon possessing or acquiring the qualification prescribed for the post of AE, prescribing a quota for graduate SEAs and non-graduate SEAs would result in treating them as different classes. Then the very purpose of prescribing a longer period of service and a qualifying departmental examination for non-graduate SEAs would lose all its meaning and purpose; it would be arbitrary. If these qualifications are intended to bring non-graduate SEAs, on par with graduate SEAs, the reservation or fixation of a quota in the matter of promotion to the posts of AEs, would deprive those who fall within the zone of consideration in view of their seniority, from being appointed to that post only because they do not fall within the quota allotted to the category of graduate SEAs or non-graduate SEAs. That is an invidious distinction, which cannot be sustained.”

Since the court was likely to strike down the quota system and on the demand of service associations, the Recruitment Rules for the post of AEs were further amended in 1985 whereby promotions to the 75% posts were fixed by selection on the basis of Departmental Competitive Examination and the remaining 25% by seniority-cum-fitness. In the first case the qualifying service was specified as SEAs with 3 years regular service in the grade; failing which SEAs with 8 years combined service in the grades of SEA and EA. In the second case the qualifying service was total 8 years combined together in SEA and EA. In both the cases the qualification was made as that prescribed for the post of EAs.

With the changes in the R/Rs of AE’s in 1982 and subsequently in 1985, the non-graduates could become AEs but due to amendment in JTS R/Rs in 1989 they can not get promoted to JTS till they acquire an engineering or equivalent degree.

4.2 Recruitment Rules for JTS

Recruitment rules for Junior Time Scale (JTS) were notified in 1981 at the time of formation of IB(E)S. As per these rules, 50% of the JTS posts were to be filled by direct recruitment (DR) and the remaining 50% by departmental promotions (DP) from AEs. No qualification for entry of departmental candidates was specified in these R/Rs. It is learnt that the same was not required to be specified since only degree holder SEAs could become AEs at the time of notification of these R/Rs. However, with the modification in the R/Rs of AEs in 1982 and 1985, non-graduates could become AEs. Keeping in view that major technological innovations are taking place in the field of electronics in general and broadcasting in particular, it was felt necessary that only engineering and equivalent degree holders should get promotion to JTS so that they are able to plan and maintain the state-of-the-art broadcast equipment. Therefore, IB(E)S R/Rs for JTS were amended in 1989 wherein departmental AEs having same qualification, as that for direct recruitment to JTS (Engg degree or equivalent), were only allowed to get promotion to JTS. However, the associations are demanding that as per the saving clause the existing incumbents should have been protected.

4.3 Reports of the various committees constituted earlier to consider the Qualification Bar issue

It has been observed that from 1989 onwards, the non-engg graduate AEs have been opposing the amendment in the IB(E)S R/Rs of 1989 and have gone even to the court(s) against this amendment. The court(s) have been rejecting their petitions and have been maintaining that departments can modify the R/Rs at any time and even introduce qualification bar if required. Therefore the court(s) have not struck down the 1989 amendments in R/Rs of JTS.

Still some of the service associations are continuing to press for changes in the R/Rs of JTS and considering the demands of the non-qualified AEs, the following committees had also constituted to examine the demands:

i. Sh S.P.Bhatikar committee

The committee, constituted in 1989, ratified the 1989 amendments and opined that it was most appropriate to allow only those departmental candidates, to enter IB(E)S, who possess an engineering degree or equivalent qualification. However, considering the large number of non-qualified AEs in the department, the committee also recommended that the departmental AEs should either possess an engineering or equivalent degree; or may possess a `certificate of proficiency in Broadcasting’ which should be awarded on passing a structured examination. The committee recommended that this examination should be conducted by an outside agency such as IETE.

It is understood that some of the service associations did not agree to this recommendation and desired that there should not be any further examination for promotion to JTS. They further demanded that if at all any examination is required, it should be conducted by departmental agency like STI(T). They also demanded that in the case of examination, every one, whether graduate or non-graduate, should be made to appear in this examination and also those who have already cleared the DQE (as par R/Rs of 1982) should be exempted to appear in this examination.

ii. Sh. U.C.Agarwal Committee

This committee, constituted in 1993, recommended that 50% of departmental promotion quota to JTS (i.e. 25% of all vacancies) should be set aside for AEs who are Diploma holders with long enough service experience but they should be promoted only after qualifying a special qualifying examination conducted by an outside agency. This report was further examined by a special Cell set up in the M/o I&B and the proposal of separate quota for diploma holder AEs was not accepted as this had legally been held earlier in 1986 as arbitrary and violative of principle of equality. Ministry suggested that once the diploma holders qualify this special examination, they should be treated at par with the degree holder AEs and should be entitled for promotion in accordance with their normal seniority in the grade.

It is understood that the service association of non-qualified AEs did not agree even this suggestion.

iii. It is also understood that Sh H.S.Jolly committee also examined the issue also but the full recommendations of this committee could not be made available to present committee.

iv. Sh A.B.Mathur committee

This committee, constituted in 1999, also did not favour removal of the qualification bar. However, a scheme of Departmental Qualification Examination (DQE) was recommended. The committee had recommended that this examination may be conducted by STI(T) but the number of papers and the syllabus should be the same as that for the Engineering Services Examination conducted by UPSC. Only those who possess an engineering (or equivalent) degree or have qualified this proposed DQE should be eligible for promotion to JTS in the 50% DP quota.

The committee had also recommended a selection grade of Rs 8000-13500 for Assistant Engineers. It was recommended to be a non-functional scale, to be given to maximum 10% of the total sanctioned posts of AEs. AEs with a minimum 15 years of regular service in the grade of AE and who are above the benchmark of `very good’ were recommended to be eligible for this selection grade. All the AEs, who had cleared the earlier pattern of DQE in 1980’s and who were above the benchmark of `very good’ were also recommended to be given this selection grade.

(This recommendation had been vetted by the Prasar Bharati Board but was not accepted by the M/o I&B on the plea that none of the existing AEs are stagnating at the top of the scale.)

4.4 Age profile of existing AEs and likely yearly vacancies in JTS cadre

The available age profile of 1435 AEs (out of 1873 in position) and the year wise vacancies likely to arise in JTS cadre due to retirements in the total IB(E)S cadres was collected. It is tabulated at Annex VII. It has been observed that:

i. About 50 AEs will be retiring every year.

ii. About 60 AEs have already completed 15 years of service in AEs cadre and 20 of these have still 6 to 10 years of service left.

iii. Over 800 AEs have already completed 10 years of service and out of these about 120 AEs have more than 15 years to retire.

iv. There are only 1502 sanctioned posts in IB(E)S cadres {JTS and above} against 1971 sanctioned posts of AEs.

v. Even if the qualification bar is removed, only a few AEs will be able to get promotion to the IB(E)S cadres due to limited vacancies which will arise in the IB(E)S cadres.

4.5 Scales of pay

The pre-revised scale of pay of the AEs was Rs 2000-60-2300-EB-3200-100-3500. The AEs were given a replacement scale of Rs 6500-10500 by the 5^th pay commission. Keeping in view the large-scale stagnation in the cadre of AEs, the pay commission had also proposed a selection grade of Rs 7500-250-12000 to 1/3^rd of the total AEs. A similar recommendation was made by pay commission in the case of Programme Executives (PEX) who were in the same scale of pay as that of AEs. The Govt accepted the recommendation for PEXs, but it is explicitly not clear whether this was accepted in the case of AEs.

As per Supreme Court order, EAs had been given a pre-revised pay scale of Rs 2000-3200 at par with the Sound Recordists. 5^th Pay Commission had considered this scale but had recommended the lower pay scale of Rs 5000-8000 to EAs with pay protection. However, on the associations’ demands and on the recommendations of the Prasar Bharati Board, higher pay scales were given, vide M/o I&B order 310/173/97-B(D) dated 25.2.99 (Annex VIII) to all the existing incumbents in the sub-ordinate engineering and AE cadres. However, scales recommended by the pay commission are applicable to the new recruits who join after 1.1.96. Also the existing incumbents get promotion in higher scales.

The committee feels that the existing differential pay scales to the existing incumbents and to those recruited after 1.1.96 in the sub-ordinate and AEs cadres may not be acceptable as per law on the same work same pay criteria. It will therefore be worth consideration that the upgraded pay scales may be made applicable for all the new incumbents also so that qualification and other service conditions can accordingly be made applicable.

4.6 Recruitment rules of other departments

The condition of promotion of AEs in other Govt Deptts is also not very good but their future channel of promotion is open without getting any further qualification. The salient features of their R/Rs are:

i. CPWD (Annex IX a)

Direct Entry: JE

Qualification: Degree/Diploma

Pay scale: Less than that of EA in AIR and DD.

JE with 8 years of service is eligible for promotion to AE. If the promotion is delayed, the JE gets AE's pay scale from 15^th year. It takes about two decades for a JE to become AE. A diploma holder AE with 10 years of service as AE becomes eligible for promotion to STS in the 33-1/3^rd % quota. There is severe stagnation in the grades of JE and AE but the promotion channel is open without further qualification.

ii. Civil Construction Wing of AIR (Annex IX b)

Diploma holder is eligible to become AE with 8 years of service. Depending upon the vacancy position it takes longer time. A diploma holder AE with 11 years of service is eligible to become XEN (STS grade) with the condition that at no point of time the strength of diploma holder XENs exceeds 33-1/3% of the total strength of XENs.

Here again the diploma holder AEs get promotion without any further qualification but JE as well as AE stagnate severely in the cadres of JE and AE.

iii. DOT (Annex IX c)

This department is fully streamlined w.e.f. 1.1.96.

The entry level is at Junior Telecom Officer (Equivalent to EA). Pay scale Rs 6500-10500. 50% of the JTO posts are filled by direct recruitment of engineering degree holders and the remaining 50% by promotion through LDCEs.

JTOs get promotion to Sub-Div Engr:

75% on seniority cum fitness

25% by LDCE

No qualification bar

At Class I (JTS), 50% is by direct recruitment and 50% by DPC from SDEs. Here again the diploma holders can get promoted without any further qualification.

4.7 Other general observations

The following general observations have also been made:

i. IB(E)S is for management and supervisory functions. The requirements of this service are different from the sub-ordinate services, which are mainly responsible for operational jobs. AE is the feeder grade to the lowest level (JTS) of IB(E)S. Therefore, only competent AEs, who have in-depth knowledge of the subject, should be inducted to IB(E)S so that they can carry out detailed planning/execution of the projects and coordination with other departments. The AEs should ideally be engineering holders but the importance of experience should not be overlooked. The competence can be judged alternatively by the consistent track record in service. If qualification bar is lifted, it must be substituted by some other filtering mechanism e.g. promotion on merit etc. This is particularly important since broadcast equipment is getting more and more sophisticated with the advent of digital technology and AIR/DDn are already facing a very stiff challenge from the cable TV/private broadcasters.

ii. The posts in various cadres AIR & DDn have got sanctioned based on functional requirements, without considering the promotional avenues for the staff. This has created a great imbalance from promotional point of view.

iii. There is large scale stagnation in IB(E)S cadres also. The cadre review, which should have been carried out every three to four years, has not taken place even once in the last 20 years after the service was organised. Had this cadre review been done, the posts in different cadres could have been modified for better promotional avenues.

iv. Due to poor promotional prospects the direct recruits generally do not join the AIR and DDn in JTS. Majority of those who join, leave the department at the earliest available opportunity. It is therefore necessary to improve the service conditions. Also since large-scale technological innovations are taking place in the field of broadcasting, it is important that fresh engineering graduates join the department regularly. Therefore, promotional avenues and service conditions are required to be improved so that direct recruitment in the JTS cadre gets encouraged. Their quota should not be reduced, from the existing provision of the 50% of the total vacancies, so that AIR and DDn can introduce the state-of-the-art equipment and latest services to be at par with the other broadcasting organisations in the world.

v. In CPWD as well as in CCW, JTS cadre is only for the direct entry and promotion of the AEs is made directly to STS cadre without any qualification bar. All the service associations, except the graduate Engineers Association Akashvani and DDn, have recommended removal of qualification bar with suitable compensation. If AEs are promoted directly to STS in AIR/DDn then it will remove the existing anomalies in determining the seniority of DRs & DPs due to different times of their entry in JTS also. It is, therefore, for consideration that posts in JTS cadre may be kept for the direct recruits only. The number of posts in this JTS cadre be fixed in such a way that the direct recruits can get promotion to STS within 5 to 6 years.

Therefore, the existing JTS posts may be judiciously readjusted in upper and lower cadres for a proper pyramid structure.

5. RECOMMENDATIONS

Considering the various aspects outlined above, the committee makes the following recommendations for promotional avenues:

i. JTS cadre may be only for direct recruitment.

ii. Only engineering degree (in electronics or electrical or radio engg or telecommunication or computer engg) should be the essential qualification for direct entry in JTS.

iii. AEs, without any qualification bar, may get promotion to STS, along with the direct recruited JTS officers, in the ratio of 50:50. For this purpose:

ü A common seniority list of AEs be prepared for promotion to 50% of STS vacancies with the following eligibility conditions:

o 8 years service as AE in respect of engineering graduates. (As a saving clause, on the date of notification of the revised R/Rs, those who have already acquired qualification as per the existing R/Rs for promotion to JTS, may be considered under this category).

o 11 years service as AE in respect of others.

o The eligibility condition is to reckon with 1^st January of the year preceding the vacancy year or as per the latest DoPT guidelines.

ü The promotion is made only on selection basis with ‘Very Good’ as benchmark.

ü The existing JTS officers (on the date of notification of the revised rules based on these recommendations) are to be divided in two separate lists -- the directly recruited JTS officers in one list and the promotee JTS officers in the other list.

ü The existing directly recruited JTS officers, along with those who join subsequently, will form the feeder grade to the 50% of the STS posts.

ü The DP JTS officers must be promoted first (to STS under 50% quota) before AEs are considered for promotion.

iv. Considering that a number of AEs have already completed over 15 years of service as AE, A non-functional selection grade of Rs 8000-13500 is also recommended for the AEs. It should be given to maximum 10% of the total sanctioned posts of AEs. AEs with minimum 15 years of regular service in the grade of AE and who are above the benchmark of `very good’ should be eligible for this non-functional selection grade.

v. The existing qualification bar for promotion of ITI certificate holder SEAs to the post of AE is also recommended to be removed but the promotion from EA to SEA should be made only on selection with ‘very good’ as the benchmark.

vi. Since the qualification bars are being removed, for all the departmental competitive exams for promotions, wherever applicable as per the existing R/Rs, the cut off percentage is recommended to be 40% in each paper with 50% in aggregate. The marks secured in the exam are to be considered with ACRs in the 70:30 ratios for preparation of final panel.

vii. The pay scales granted to the existing incumbents in sub-ordinate engineering and AE cadres, as 1.1.96 are recommended to be made applicable for all the persons in that cadre, thereby, the scale of pay of EA will be Rs 6500-10500 (para 4.5). The qualification for direct recruitment in Engg Asstt cadre is accordingly recommended to be enhanced to engineering degree (in electronics or electrical or radio engg or telecommunication or computer engg).

viii. The posts in the various cadres are recommended to be redistributed as below for proper pyramid structure (para 4.7v):

Cadre/strength	SAG	JAG	STS	JTS	AE	Total
Sanctioned strength as on 5.3.2002 (Including installation posts)	22	145	588	756	1974	3485
Recommended strength	27 Based on Six zones	180	780	240	2258	3485

This is without any additional financial burden. No change of posts in other cadres.

LIST OF ANNEXURES

I Order - Constituting the Committee

II Demands of Association of Radio & Television Engineering Employees

III a Proposal submitted by AIR &DDn Technical Employees Association

III b Proposal submitted by AIR &DDn Technical Employees Association

IV Demands of AIR & Doordarshan Assistant Engineers' Association

V Demands of Graduate Engineers' Association Akashvani and Doordarshan

VI Proposal of AIR & Doordarshan Engineers' Association

VII a Age profile of IB(E)S officers as on 27.12.2001

VII b Age profile of 1435 AEs as on 1.2.2002

VIII Order giving higher pay scales to existing incumbents in AE and subordinate engg. cadres

IX a Promotional Avenues - CPWD

IX b Promotional Avenues - CCW

IX c Promotional Avenues - DoT