Hon’ble Sh. Ghulam Nabi Azad Ji,
Union Health Minister cum Chairman,
Governing Body of PGIMER,
Nirman Bhawan,
New Delhi-110011.
Subject: – Governing Body dated 28.4.2012–Request for not approving / ratifying the appointment of Sh. Swarnjit Singh Saini, Ex-PPS as Consultant w.e.f. 1.2.2012.
Respected Sir,
With due reverence, it is submitted that the Union has already requested to reconsider the illegal and arbitrary appointment of Sh. Swarnjit Singh Saini, Ex-PPS as Consultant w.e.f. 1.2.2012.
The reemployment as Consultant beyond the age of 62 years has been in clear violation of the principle decision taken by National Advisory Council under the Chairpersonship of Mrs. Sonia Gandhi, Member of Parliament and Chairperson, UPA, which led to the passing of OM dated 9.12.2002.
On 18.2.2003, the Central Government in reply to an Unstarred Question No.58 in Loksabha has said that under the existing guidelines there is no provision for re-employment.
Recently, the Chandigarh Administration has rejected the proposal for extension / reemployment of Sh. R.P Pathak, Private Secretary to I.G. Police, Chandigarh in view of clear decision taken by National Advisory Council under the Chairpersonship of Mrs. Sonia Gandhi, Member of Parliament and Chairperson, UPA. The copies of press clippings are attached.
However, the Director, PGI got your good self approval on 21.1.2012 subject to ratification by the Governing Body. The Director, PGI did not apprise your good self about the rules and instructions on the subject while sending his note dated 21.1.2012. As a matter of fact, the UO Note was prepared by Sh. Swarnjit Singh Saini, Ex-PPS, which is similar to the UO Note placed before the Governing Body in its meeting held on 17.1.2011 for extension from 1.2.2010 to 31.1.2012. The PGI Administration did not process the UO Note dated 21.1.2012 in the light of rules and instructions on the subject and was kept in dark till end.
The DPGI did not pay any heed to respect the sentiments and emotions of employees which has requested to remove Sh. Swarnjit Singh Saini, Ex-PPS, who has been involved in corrupt and illegal practices and activities with former Director be it recruitments, purchase, contract labour system, promotions, etc. Further, Sh. Swarnjit Singh Saini, Ex-PPS has been interfering in policy decisions and day to day service matters of non-faculty staff without any accountability and responsibility at all. Sh. Swarnjit Singh Saini, Ex-PPS possesses negative and indifferent attitude and works against the interests of Group B, C and D employees since beginning besides highly arrogant and discourteous person of unbecoming of a Government servant. There are numerous incidents of misbehaviour and discourteous acts by him with Faculty and non-faculty staff and general public.
Sh. S.S.Saini, Consultant has been making remarks and comments on files with lead pencil, which are processed on dotted lines. It is an open insult to the administrative process and system. The Union is deeply hurt and feeling cheated and betrayed, therefore, the Union strongly condemns this illegal and arbitrary practice of proxy administration by Sh. Swarnjit Singh Saini, Consultant, who is acting as ‘Super Director’ and parallel ‘power centre.’
Your good self may independently verify these facts.
Further, the appointment of Sh. Swarnjit Singh Saini-Ex-PPS as Consultant is illegal, unconstitutional and arbitrary on the following grounds;
1. That Sh. Swarnjit Singh Saini, Ex-PPS had retired on superannuation on 31.1.2010. However, he was granted an extension of one year in violation of the rules and instructions on the subject. The Central Government has banned extension in service except for medial and scientific staff after the age of retirement was raised from 58 to 60 years. Sh. Swarnjit Singh Saini, Ex-PPS is neither a medical nor scientific Staff, therefore, his extension / reemployment on the post of Principal Private Secretary was is in clear violation of the GOI OM No. 26012 / 6 / 2002-Estt. (A) dated 9th December, 2002. The copy of OM dated 9.12.2002 is attached.
2. That it is worth mentioning that the Central Government in reply to question in Parliament has categorically stated that no extension / reemployment will be made in violation of OM dated 9.12.2002. The copy of reply dated 18.2.2003 placed before the Parliament is being attached.
3. That on 17.1.2011, the former Director placed a Table Agenda for ratification of the decision taken by President of PGI for one year extension from 1.2.2010 to 31.1.2011 and sought further extension of one year from 1.2.2011 to 31.1.2012.
4. That it is further submitted that the instructions issued by DOPT clearly provide that no employee can be appointed even as Consultant beyond the age of 62 years. The DPGI has recently set up a Committee to frame guidelines for granting extension / reemployment. This Committee has also clearly recommended that only medical and technical staff may be considered for extension / reemployment or appointed as Consultant. Further, the Committee has categorically recommended that such extensions / appointments will not be made beyond the age of 62 years.
5. That in response to the representation by Union, the Ministry of Health and F.W. has also sought comments on the illegal and arbitrary appointment; however, the DPGI did not send the necessary comments to Ministry of Health and F.W. for about 2 months. The Union has come to know that the necessary comments have now been sent by PGI management, which also do not support the illegal and arbitrary appointment of Sh. Swarnjit Singh Saini, Ex-PPS as Consultant.
6. That the Union has already apprised about the provisions of rules and regulations on the issue of re-employment, however, the PGI Administration has violated the set principles laid down by Central Government on the subject and PGI Act by retaining Sh. Swarnjit Singh Saini, Ex-PPS as Consultant. The illegal and arbitrary appointment of Sh. Swarnjit Singh Saini, Ex-PPS as Consultant is an open insult and mockery of National Advisory Council, Parliament and DOPT.
7. That the Director, PGI has recommended a salary of Rs. 55000 plus pension for him whereas all other Consultants have been sanctioned Rs. 20,000 as decided by Central Government. Sh. Swarnjit Singh Saini, Ex-PPS has been drawing more salary than his term of illegal extension of two years from 1.4.2010 to 31.3.2012.
8. That though the reemployment was made subject to the approval of Governing Body in January, 2012 yet the PGI management may try to bring a Table Agenda in the forthcoming Governing Body meet on 28.4.2012 so that the item is ratified / approved by Governing Body without discussions and considerations on merits.
In view of the facts and submissions made above, it is prayed that the illegal and arbitrary appointment of Sh. Swarnjit Singh Saini, Ex-PPS as Consultant w.e.f. 1.4.2.2012, beyond the age of 62 years, may not be ratified, and it may kindly be terminated forthwith in true letter and spirit of decision taken by DOPT in view of the principle decision taken by National Advisory Council under the Chairpersonship of Mrs. Sonia Gandhi, Member of Parliament and Chairperson, UPA..
The Union hopes that the Governing Body will not create a illegal and bad precedent by ratifying the reemployment of Sh. Swarnjit Singh Saini, Ex-PPS as Consultant.
With kind regards,
Yours faithfully,
(Sunil Dutt Sharma)
President
Copy for information and n.a. to;
1. Hon’ble Dr. Manmohan Singh Ji,
Prime Minister of India,
7 Race Course Road, New Delhi-110011.
2. Hon’ble Mrs. Sonia Gandhi Ji, Chairperson UPA and National Advisory Council, 10 Janpath, New Delhi.
3. Hon’ble Sh. Pawan Kumar Bansal Ji,
Union Minister of Parliamentary Affairs and Water Resources,
25, Ferozeshah Road, New Delhi-110011.
4. The Secretary to GOI, Ministry of Personnel,
(Department of Personnel and Training)
North Block, New Delhi-110001.
5. All the Members of Governing Body of PGIMER, Chandigarh.
6. Sh. Yogesh Sawhney, OSD to UHM, PGIMER, Chandigarh.