Friday 28 December 2012
Tuesday 11 December 2012
FORUM OF SURVEY ENGINEERS & TECHNOLOGISTS,
WEST BENGAL
(Regd.
No: S/1L/82933 of 2011-2012)
SHOVA NIVAS;
19, CHANDI GHOSH ROAD; KOLKATA- 700040,
Ref
No: L/20/12 Dated: 20/11/2012
To
The
Chief Engineer
Municipal
Engineering Directorate
Bikash
Bhavan; Salt Lake
Kolkata
700001
Respected
Sir,
Apropos Hon’ble MIC, Deptts. of M.A
& U.D. note on 13/03/012 forwarded vide No: MIC/144-D/2012 dated 16/03/2012
and letter of Deputy Secretary; Department of Municipal Affairs vide No: 195/MA/N/C-8/ME/2M-02/12 dated 1st
August 2012 and reminded vide letter No: 257/MA/N/C-8/ME/2M-02/12 dated 27th
September 2012 which were necessitated us
to request you to put your valuable comments on our demands referring to
Surveyor’s pay scale and group of service which remains, according to our
experience, much anomalous since 1978.
The
demands as noted below needs to be considered in three phases;
1)
Regarding service of the “Very
Specialised Cadre”, it is seen that the first ROPA Committee recognised
Surveyors under the Sub-Ordinate Engineering Service which was cemented in the
Apex Court judgement by being declared this category of employee “Purely
Technical Cadre” vide Appeal (Civil) No: 1179 of 2002 in the matter of “Deb
Narayan Shyam & Ors –Vs- State of WB & Ors” (2004), INSC 727 (1
December, 2004) by the Division Bench of Hon’ble Justice B. N. Agrawal &
Hon’ble Justice A.K Mathur [Annexed
“A”].
But surprisingly
no initiative was taken by the next Pay Commissions to reconsider the issue
after this cadre was dumped into common category along-with clerical ones by
the 2nd Pay Commission since 1980.
Points
of Observation: It is to mention here, that, 5th State Pay
Commission considered the Work Assistant (Scale No. 6, pre-revised) as a
“Technical Cadre”. In taking account of recruitment rules & pay structure
of Surveyor (Scale No. 9, pre-revised) & Work Assistant it is obvious that
the Surveyors are having higher side in respect of both qualification and pay
scale. The cadre of Surveyor is highly specialised and very much a “Technical
Cadre” whose curriculum is recognised by the Director General of Employment
& Training and National Council of Vocational Training, Govt. of India and Survey
Education Advisory Board and Technical Education & Training, Govt. of West
Bengal. So they fully deserve to be included in the Sub-Ordinate Service, as
recommended by the 1st Pay Commission. It is also to be mentioned
that the 5th Pay Commission surprisingly recommended upgrading Work
Assistant to SAE by offering departmental training.
2)
Pay scale anomaly is very much evident
in relation to the cadre counterpart in Govt. of India’s various departments
wherein Surveyors with same & equal qualifications get the requisite pay of
the Sub-Ordinate status as per the 6th Central Pay Commission.
Furthermore, anomaly within State Govt.’s department varying from scale No.
7(Surveyors of some U.L.B) to scale No. 9 and even offering scale No. 10
(Archeological Survey, Govt. of West Bengal) in stray incidents having equal
qualification and status of a Surveyor.
Points
of Observation: The historical judgement in Apex Court in the matter of Randhir Singh –Vs- Union Of India
& Ors (Ordered on 22 February, 1982) citations: 1982 AIR 879, 1982 SCR (3) 298; Bench: Reddy, O Chinnappa, [Annexed “B”] stating “Equal pay for equal work” in
reference to discrimination in pay benefit and remedy.
Under the statement the Surveyors of your
Directorate have every right to be offered with equal pay & benefits as
extended to the counterparts in Govt. of India’s various departments.
3)
Surveyors are deprived in their avenue
of promotion since independence & the latest functional promotional scope
limits them to be elevated to Head Surveyor only with the Scale No. 11 ( pre-revised), which eventually clashes with
benefits of MCAS’01 & Grade-I in vogue for the Surveyors dealing with
complex nitty-gritties. They are not provided with any systematic promotional
channel which is a must for any cadre of employee as per the resolutions of
ILO. Fundamental right to promotion on under Article 14 & 16 of the
Constitution of India also goes in the favour of the Surveyors.
Points
of Observation: Surveyors are potentially eligible for the promotional
prospect from the Basic Grade to Grade-I and Head Surveyors with concurrent
functions having respective pay scales for each tier of the cadre, keeping in
mind that Govt. of West Bengal is offering posts of Surveyor, Grade-I (Scale
No.11, pre-revised), Head Surveyor (Scale No. 11, pre-revised), Assistant
Survey Officer (Scale No. 12, pre-revised) & Survey Officer (Scale No. 13, pre-revised)
in a particular department.
Furthermore, another promotional option prevailing
in your Directorate for Draftsman Gd-I (Scale No. 13, pre-revised) may also be
extended atleast to the Surveyors of your organisation.
Now, Sir, keeping
the entire context in view, I, on behalf of our Forum, seeking your kind opinion
and necessary remarks with directives, if any, in this respect as stated above
at the earliest possible & oblige.
Thanking You Sincerely Yours
Encl:
As stated
ASINJIT
SARKAR
[General
Secretary] FORUM OF SURVEY ENGINEERS & TECHNOLOGISTS,
W.B
Saturday 23 June 2012
Friday 27 January 2012
Wednesday 18 January 2012
Mass appeal from the Surveyors under various Departments, Govt. of West Bengal with a long standing Charter of demands.
At the out-set I beg your pardon for encroaching your so valuable time at this moment and at the same time approach your judicious authority to please lend us some moments for considering our appeal on a very vital matter that has caused a grievous action on us.
We the surveyors are engaged in predevelopment works in many departments under state govt., central govt., government undertaking organisations survey and expose of truth are similar in meaning; as a result we are to perform the initial land survey, preparation of land-map through instrumental observations. We are generating the abstract picture in the form of map/plan with various input / data from the field or from other sources. Similarly, from the pictures so prepared for predevelopment and post development can give us the magnitude of the actual development. Therefore, post survey should be mandatory to all development works to protect unwanted corruptions and drainage of public money. But the then Left Front Govt. was indifferent to this issue, to give privilege to the Sub-Assistant Engineer or Subordinate Engineering Service Association, the main pillar of State Core-ordination Committee.
Prior to the Left Front Govt., the first pay committee named Ghsosh-Kundu commission published their recommendation and Mr. K. K. Hazra , IAS Chairman ,1st Pay Commission , stated in Vol – III , Page No 1311 “ Sub- Assistant Engineer, Estimator are holder of LCE/ LME/ LEE diploma, and the other categories of Surveyors & Draftsman are also with technical qualification. Their work is of the same or similar in nature. There does not seem to be any justification for difference in pay scale.”
As a result , the pay scale of Surveyors, Draftsman & S. A. E were prescribed as Rs. 300-600/- and these cadre were within West Bengal Subordinate Engineering Service, notified in the Calcutta Gazette, Extraordinary; January 25th 1971,page 313,314,338 etc.
But in the year 1977during the tenure of Left Front Govt. a contemptible order bearing Number.4175-F dated 04/04/1978 was issued stating that the S.A.Es are more important than Surveyors having better qualification of 3 years diploma in contrast with 2 years certificate of latter cadre and executing valuable jobs, though the syllabus of diploma Engineers and Surveyors show study period of 3500 hours and 3800 hours respectively, being vocational and non-vocational , approved by The Department of Technical Education and Training Govt. of West Bengal. This duplicable order is issued not only for the financial benefit of Rs. 50/- as special pay to the S.A.E.s but also a deep routed conspiracy of Sub Ordinate Engineer Association (SESA) by utilizing the platform of State Co-ordinate Committee through the blessings of Left Front Govt. and their conspiracy was fulfilled in the 2nd Pay Commission report in the year1981. Wherein the recommendation as started earlier and drove out the Surveyor cadre from Sub-ordinate Engineer Service and dumped on the common cadre and shorn of technical status and facilities thereof without observing self argued as “Surveyors are pure technical cadre” at supreme court against the case Deb Narayan Shyam & ors Vs State of West Bengal , final order passed by Hon’ble Supreme court on 01.12.2004 by Hon’ble Justice B. N. Aggarwal & Hon’ble Justice A. K. Mathur in C.A. number: 1180-1184 of 2002 where it also affirmed that the surveyors are the “Pure Technical Cadre”[INSC (2004) 727].
In the above episode there was a deep-rooted conspiracy of Subordinate Engineering Service Association to drive out Surveyors from Subordinate Engineering Service to capture the soul right of writing the “Measurement Book” as per rule 202, within chapter-7(works) Vol-1 of the West Bengal Finance Rule, where in it is mentioned “In recording detailed measurements, the following general instructions should be carefully observed – (a) Detailed measurements only by Executive, Asst. Executive, or Asst. Engineers or by Executive Subordinates in- charge of works to whom measurement books have been supplied for the purpose”.
Now Sir, getting no other way a group of surveyor appealed to the high court and even to the Supreme Court and the petitioners are only achieved the special pay of Rs. 50/- from the Government vide numerous judgments like C.R. no. 5942(W) of 1981, C.A. Nos. 1297-99 of 1986 [State of West Bengal & Ors Vs Anadi Ratan Das & Ors] and we requested the then Govt. to issue a general order in favor of surveyor restoration of “Technical Cadre” status and to draw the special pay of Rs. 50/- since its date of earlier effect . But the Left Front Govt. did not pay hid to our appeal.
Your honour, it is being pointed out and noted surprisingly that 20% of the total post of surveyors are going to be converted to Head Surveyors, only functional Promotion post of Surveyors, causing reduction of employment in 20% post of basic grade surveyors in term of memo no. 7672-F dated 03.10.2010. Where as in case of rest other cadre in many other departments under the Govt. of West Bengal, the promotional avenues are being created without reducing the basic grade feeder post.
Sir, keeping such discrimination in view under the same Govt., it should be our legitimate demand for creation of only promotional new post of Head Surveyor (functional) is equivalent to 20% of the total post of basic grade Surveyor without reducing number of basic grade surveyor.
Most of the basic grade senior Surveyors who are presently enjoying unrevised pay scale No. 12[PB-4 Rs.9000-40500 Grade Pay Rs.4400] through carrier advancement scheme and MCAS’2001. But then the Left Front Govt. issued a ridiculous order bearing Memo No. 7672-F dated 03.10.2010 wherein both the Head Surveyor Grade –1 were allowed the same unrevised scale no. 11(Rs. 4650-10175)[presently PB-3Rs.7100-37600 Grade Pay Rs. 4100] which was not only automatically govern in 16 years carrier advancement scheme under MCAS’01, but also one step down from the existing pay scale of senior most Surveyors.
Is not it an extreme humiliation to the Surveyors?
Recruitment to Govt. Departments and its under takings , Urban and Local Bodies of Surveyor with equal benefits and pay as that of Central Govt. Duties & Responsibilities of Surveyors in the State remaining same with that of their counterpart in Central Govt. Offices, the Surveyor of this state are being subjected to deprivation and discrimination since last 2nd pay Commission onward when their scale of pay was at scale No. 9 and their cry for higher fixation of pay at scale No. 12 remaining un-redressed even in 3rd, 4th and 5th Pay Commission of the State for no reason. That in the context we may invite to the facts that state Govt. of late formulated recruitment rules for surveyor where essential qualification includes technical studies as the case may be which is at par with their counter part in the Central Govt. That it may be submitted that in case the surveyors are allowed higher scale of pay it would not cause any cascading effect on others, and the Apex Court has also allowed prayer for equal pay with subordinate Engineering Cadre for equal works in many court cases.(Copy Enclosed).
Sir, you are well aware of the fact that all the development work, construction of road drainage system and even to meet up the boundary dispute in the rural Panchayet areas, the utility of Surveyors is limitless. In this respect, it is our suggestion to convert the present post of non qualified Amin to supernumerary post & provide the qualified surveyors to perform the said works.
The gradual upgradation of S.A.E./WBSLRS, Gr.-I from the level held with surveyors has been deliberately favoured subjecting the faith of the Surveyors to sheer neglect and injustice. The surveyors and the SAE/WBSLRS, Gr.-I though both are the offspring of the Govt. Employees, the later has been fed with milk and honey.
And they are lifted to scale No. 12 through the recommendation of the 4th pay commission after formation of 5th pay commission. Similarly after remaining the LAKGO as LASRO – II/Asst. L.A.O. in the year 1996 they were awarded the 6th next higher scale starting from the Pay Commission 1981- where as the other employees were not taken care of at all. The Surveyor Cadre has not been favoured neither with the financial benefits nor with proper promotional avenues, though it can be declared without any confusion that the surveyors are well equips with modern instruments. It was observed, that even in various departments, where authority concern introduced the modern instruments in their officer like D.L.R.S.; P.W.D., M.E.D. etc; there surveyors using ultra-modern equipment correctly with proper accuracy, as they know the proper measuring science from their basic academic carrier, whereas the Sub Assistant Engineer (S.A.E.)/WBSLRS Gr.-I are performing similar nature of job in their sphere, since their date of appointment. They have no scope for the application of modern technology except unlawful interfering in the job of Surveyors to protect their Cadre.
Considering such shameful favourism of Pay Commissions to a particular cadre to raised a question against impartiality.
Under the circumstances, we are seeking your kind justice against the issues as pointed out to eradicate the unlawful discriminations and negligence towards the surveyors since last three decades.
Thanking You
Sincerely Yours
ASINJIT SARKAR
[General Secretary]
FORUM OF SURVEY ENGINEERS & TECHNOLOGISTS,W.B;
Phone: 9804280162, Mail ID: fosetwb@gmail.com
Sincerely Yours
ASINJIT SARKAR
[General Secretary]
FORUM OF SURVEY ENGINEERS & TECHNOLOGISTS,W.B;
Phone: 9804280162, Mail ID: fosetwb@gmail.com
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