Agriculture Officers' Association

Ref. No................/AO To The Financial Commissioner (Dev.) & Principal Secretary, Department of Agriculture, Govt. Of Punjab, Chandigarh. Date...............................

Subject:- Regarding Framing/Amendment of Group-A (Non Ministerial) Service Rules viz-a-viz Request for Restoration of Placement procedure for Filling up Vacant Posts of Agriculture Development Officers/ Agriculture Officers/ Chief Agriculture Officers. Sir, Agriculture Officers Association under Current Duty Charge is communicating with the Govt for the restoration of placement into the single cadre of Agriculture Development Officers/ Agriculture Officers/ Chief Agriculture Officers. We are representing our various Administrative as well as legal interests in representative capacity from time to time. As the Administrative Department has initiated the process of framing of new service rules namely Punjab Agricultural Service Rules (Non-Ministerial) GroupA Service Rules for treating the above mentioned posts as separate cadres just to implement the recommendations of Welfare Committee of Punjab Vidhan Sabha, that too on a sub-judice matter. This issue has resulted in collapsing of Administrative structure of our Department as all the higher posts are being run by stop gap arrangements. Our forum therefore wishes to place on record the complete FACT SHEET of the case for your kind perusal and necessary action i.e.
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The Punjab Govt vide Memo No. 16/3/89-Agri.I(I)/11376 dated 13/9/92 sanctioned three pattern pay structure to the posts designated as Agriculture Development Officers/ Agriculture Officers/ Chief Agriculture Officers w.e.f. 01-01-1991. All these posts were merged into a single cadre with initial entry into the cadre at the level of Agriculture Development Officer with the analogy of veterinary service . Prior to issuance of above Notification dated 18.9.92, the appointment to the posts of Agriculture Officers/ Chief Agriculture Officers were also being made through direct recruitment as well as

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by promotions, but in consequence to this notification, the posts were merged into single cadre, Thereafter eligible officers were given placement to the higher posts of Agriculture Officers/ Chief Agriculture Officers on the basis of seniority-cum-merit. i.e. 100% posts of Agriculture Officers/ Chief Agriculture Officers were made available to be filled from amongst Agriculture Development Officers/ Agriculture Officers .
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That the three pattern pay system was revised w.e.f. 1.1.96 under Punjab Civil Services (Revised Pay) (4th Amendment) Rules 1998 vide Finance Personnel 1 Branch Notification No 7/1/97-PP1/7462 dated 13th Sep, 2001 with initial entry into the cadre at the level of Agriculture Development Officer was fixed as M.Sc. (Agriculture) at par with the initial entry qualification prescribed for direct recruitment in the existing class-I Service Rules, 1974. That the Admn. Deptt. Implementing Punjab Govt. Notifications continued filling up of vacant posts by way of placement. 74 Agriculture Development Officers were placed as Agriculture Officers vide Pb Govt Order No 2/140/2000/Agri-1(4)/12623 dated 3.9.2002. Thereafter 109 Agriculture Development Officers were placed as Agriculture Officers vide Pb Govt Order No 2/50/05/Agri-1(4)/4734 dated 16.5.06 . That the representation was submitted by few officers and asked reservation policy for Scheduled Caste Category officers for Agriculture Officers. The matter was placed in 33 Vidhan Sabha Committee and it recommended that No placement could be made in view of the meeting proceedings. In this connection Personnel Department issued a letter ID No 9/10/2002-5 PPI/Spl Dated16.2.07 with the advice that administrative department shall prepare draft rules accordingly and the placements were stopped indefinitely. The Department initiated framework the Punjab Agriculture Service (Group A) Rules. That the The Admn. Deptt. dropped the amendment of Service Rules initiated in implementation of statutory provision of Punjab Govt Notifications 2004 which still bears the force of law chose to implement the recommendations of Vidhan Sabha Committee and initiated framing of new service rules for filling up higher posts by way of promotion instead of by way of placement. Consequently, the three grade Revised Pay Scales w.e.f 1-12006 were also not stopped by A D. That the Govt. In the meantime also Issued circular dated 04-032011 with regard to giving charge of posts lying vacant in all the three Department i.e. Agriculture, Horticulture and Soil Conservation. It was decided that charge of vacant posts be given to only those

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employees who are eligible for regular promotion. It was also decided that a panel of eligible officers be formed for the same. It was further decided that regular promotions shall be made after the finalization of promotion rules
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That the placements were intervened repeatedly by section of reserve category from 2006 to 2010. Keeping in view of the discrimination ADOs representated to the Honble Minister and Financial Commissioner Development but no relief was given to the affected officers. Thereafter,few officers filed CWP No. 21877 of 2010 in the Honbble Punjab & Haryana High Court for unnecessary delay of Placements. The case was disposed on 18-8-2011 with the directions to the Principle Secretary to Government of Punjab, Agriculture Department to take necessary steps for finalization of the Punjab Agriculture Department (Group A) Service rules and notify the same as early as possible as but not later than six months. However it shall be open to the respondents to place the Agriculture Development Officers as Agriculture Officers till the rules on the patterns of other departments and on the same terms and conditions, if so required in the administrative interests. That the Govt. passed an order on 23.12.2011 giving current duty charge of the post of Agriculture officer from Reserve Category irrespective to the seniority whereas in case of animal husbandary Department the recommendations of Vidhan Sabha Committee were set aside and 62 Veterinary officers were placed as Assistant Directors vide Punjab Govt order No 1/13/2009-pp-1/3143 dated 265-09. the Department introduced 25% quota for direct recruitment at higher level posts of Agriculture Officers . Since this can adversely affect the right of senior officers towards upward promotion, our association therefore raised objections in this respect there was absolutely no justification in proposing quota for direct recruitment at higher level posts of Agriculture Officers with same initial entry qualifications which has already been fixed as minimum entry qualifications for direct recruitment at initial entry level post of Agri Development Officer. Moreover, all other departments dealing with Group A technical/professional cadres like Doctors, Engineers etc, direct recruitment is done at initial entry level Group A post.

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10. Surprisingly,

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now, the three tier revised pay scales Agriculture Development Officers/ Agriculture Officers/ Chief Agriculture Officers which were stopped w.e.f.1-1-2006 in view of framing of new promotion rules,

have been restored by the Govt. The Finance Department vide Notification No. 5/10/09-5FP1/1371 dated 21-12-2011, in continuation of revised pay scale Notification No. 5/10/09-5FP1/207 dated 27.5.09, has revised the three tier pay scales of Agriculture Development Officers/ Agriculture Officers/ Chief Agriculture Officers. Thus statutory provision of the notification dt. 5.2.2004 for merging these posts into one cadre has been continued. Facts narrated above leads to following conclusions for your kind attention:Sympathetic review of matter regarding Framing of Service Rules as per directions passed by Honble High Court in CWP No.21877 of 2010 for placement procedure. Abolition of direct 25% Quota proposed for the Higher Posts i.e Agriculture Officers and Chief Agriculture Officers. Restoration of Single Cadre for the posts of Agriculture Development Officers/ Agriculture Officers and Chief Agriculture Officers Your goodself is therefore requested to kindly look into the matter and take appropriate necessary action at the earliest.

Thanking you in anticipation, Yours Sincerely,

(Susheel Kumar) CONVENER OTHER MEMBERS