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"Registration Number : PRSEC/E/2009/01246
Name : Shri Venkatesan.M
Date of Receipt : 27 Jul 2009
Current Status : This request/grievance is under process in
President's Secretariat
Date of Action : 28 Aug 2009"
Saturday, January 30, 2010
Wednesday, January 27, 2010
Additional Affidavit filed for 28th January hearing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(special original jurisdiction) W.P. No. 10442 of 2008
MP.3/2009 TO IMPLEAD DOPT IN WP 10442/2008
M.Venkatesan - ……. Applicant/Petitioner
Vs
1. Union of India ,represented by the Secretary,Ministry of Commerce & Industry
Department of Commerce ,Udyog Bhawan,New Delhi .
2. The Director,Export Inspection Council,(Ministry of Commerce), No.26, Pragati Towers ,11th Floor, Rajendra Place ,New Delhi 110 008.
3. The Additional Director, Export Inspection Agency (Chennai),(Ministry of Commerce),No.213, Royapettah High Road ,Chennai – 600 014. ….Respondents/Respondents
4. The Department of Personnel & Training,Rep. by its Secretary,
Ministry of Personnel,Public Grievances & Pension,North Block,
New Delhi-110 001. …..4th Respondent/Proposed Party
AFFIDAVIT OF M.VENKATESAN-FILED IN PERSON ON 25/01/2010
The applicant petitioner humbly submits as follows:
Following points will decide that whether 1994-SVRS is correct in law or not. Present petition filed on 17.04.2008 & directives issued to respondents by the Hon’ble High Court. If SVRS is in accordance with law the respondents would have filed the counter in time. Since it has not been done so, it indicates the lack of statutory provisions.
1. To avoid misuse of power, Allocation of Business Rules-1961 under clause 77/3 of the Constitution empowered only Dept.of Personnel & Training as NODAL dept. for framing rules/regulations with regard to Govt. personnel. All other ministries have to implement the same.
2. Commerce Ministry is a subordinate ministry which has no powers to frame schemes for personnel.
3. Any VRS should have the approval of DOPT or be passed by a Parliament session. Since 1994- SVRS has no statutory backing, it is just an executive fiat liable to be set-aside by the Hon’ble high court under Article 226.
4. Commerce Ministry’s original circular was edited deliberately to suppress vital information-a clandestine act to cheat Govt. employees who were covered by the CCS Pension Rules-1972.
My service record:
Date of joining in service-Export Inspection Agency (EIA) 08.03.1973 as Technical Officer
Date of leaving fm EIA 08.07.1994 as Asst.Director
It is submitted that there is No time latch in filing the Writ and the sequence of events are given below:
Sequence of events:
1. VRS announced in May-1994 by circular dt.21/5/1994 (Annexure-I)
2. Asked for clarifications vide letters dt. 30/05/1994 & 06/06/1994.
3. EIA asked me first to opt VRS vide letter dt.31.5.1994 (Annexure-II)
4. Opted for VRS on 08.07.1994 assuming that the scheme introduced by the Respondents was a valid one.
5. Relieved on 19.07.1994 with 3month’s notice pay.
6. Work sheet (on benefits) given on 24.10.1994 ( 3 months delay, otherwise I would have filed the writ before I got relieved from my service.)
7. I payment taken under protest on 21.01.1995 (though promised to settle in one month.)
8. II payment received under protest on 03.08.1995.
9. III payment received under protest on 06.10.1997. ( delay of 27months)
10. First WP.16155/1997 filed for DR.
11. DOPT replied in a letter dt.17/8/2005 that it approved only one SVRS-2002 (Annexure-III)
12. Original circular of Commerce ministry received under RTI Act-2005 changed the cause of action totally. (Annexure-IV)
I was forced to file the present petition WP.10442/2008 challenging the Scheme when my appeal for a settlement was turned down. (Annexure-V)
As the above said four vital points which are important to decide the writ, has not been answered till date by the respondent department, it is deemed that the VRS itself is not supported by any statutory provisions of government of India and it has to be struck down. I pray the Hon’ble court to pass appropriate order in terms the submissions made above.
(VENKATESAN.M)
Chennai
Wednesday, January 20, 2010
Back to Commerce Ministry-which violated the constitutional provisions
Gmail - documents for perusal - venkym1@gmail.com:
" Ref: 2009/15Dt20/01/2010
To. Ms. Kiran Puri, Director EP(OP), EP(ECS), Service Export, Export Inspection, GRC.
Dear Sir,
Ref: NO.1/34/2009-TFS Dt.21.12.2009.
Please expedite my grievance petition forwarded to you by Shri.Anurag Saxena as soon as possible.
Thanking you,
Sincerely yours,
Venkatesan.M"
" Ref: 2009/15Dt20/01/2010
To. Ms. Kiran Puri, Director EP(OP), EP(ECS), Service Export, Export Inspection, GRC.
Dear Sir,
Ref: NO.1/34/2009-TFS Dt.21.12.2009.
Please expedite my grievance petition forwarded to you by Shri.Anurag Saxena as soon as possible.
Thanking you,
Sincerely yours,
Venkatesan.M"
Saturday, January 16, 2010
Monday, January 11, 2010
BACK TO DOPT
MOCKERY OF CITIZENS CHARTER !!!!!
Commerce Ministry- a subordinate ministry, which implemented stealthily an ILLEGAL VRS in 1994 through an executive fiat in total violation of all Constitutional provisions is now directing DOPT (Department of personnel & training) to give the reply for our queries on the competence of commerce ministry. (see the attachment)
Anyway now the ball is in the DOPT’s court.
DOPT which alone is empowered as NODAL Agency with superordinate powers by The Allocation of Business Rules & Transaction of Business Rules under clause 77/3 of the Constitution has been evading its responsibilities inspite of our continuous efforts in this regard.
At least now DOPT is bound to declare the SVRS-1994 of Commerce Ministry as NULL & VOID without further delay and issue suitable directives in this matter.
PLEASE CLICK THE IMAGE FOR BETTER VIEWING
Saturday, January 9, 2010
TRUTH TRIMPHS ULTIMATELY
EIC has been continuously bluffing the employees that it has consulted the DOPT regarding SVRS-1994.Now the following Commerce ministry's letter proves that it is false.This letter is another proof to establish the FRAUD committed on EIA/EIC employees.
COMMERCE MINISTRY A SUBORDINATE MINISTRY IS NOT COMPETENT TO OFFER VRS SCHEMES.SO PLEASE SEND TELEGRAMS TO THE PRIME MINISTERS OFFICE ABOUT THIS FRAUD.
Please click on the image for better viewing:
COMMERCE MINISTRY A SUBORDINATE MINISTRY IS NOT COMPETENT TO OFFER VRS SCHEMES.SO PLEASE SEND TELEGRAMS TO THE PRIME MINISTERS OFFICE ABOUT THIS FRAUD.
Please click on the image for better viewing:
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