Compendium on Transparency in BRO - GREF Employee's … · 22 Framing of GREF Act 201 1 7101 1/DGBR/160/ADG Sectt 20-Dec-1 1 105 23 Holding DPC for 2012-13 7101 1/DGBR/161 ... shall

Compendium on Transparency in BRO

2

CONTENT

S. Subject Letter No. Date PageN.

1 Appointment of Transparency Officer 11022/DGBR/RTI/POL/17/Pers coord 21-Jan-11 4

2 Amendment to Recruitment Rules 71005/DBGR/40/ADG Sectt 11-Mar-11 9

3 Cadre Review of BRES cadre 71005/DBGR/41/ADG Sectt 11-Mar-11 10

4 Nomination of Joint Secretary officer 71005/DGBR/41/ ADG Sectt 24-Mar-11 11

5 Implementation of Cabinet Decision 71005/DGBR/42/ADG Sectt 30-Mar-11 12

on Restructuring

6 Agenda Points for BRDB meet 71005/DGBR/43/ADG Sectt 27-Apr-11 16

7 Raising of Training Institute for BRO 20022/Atrg/01/E2 Plg 4-May-11 17

8 Grievances complatint : Chief Engineer Post 1451/VKY/DGBR/ADG Sectt 30-May-11 18

9 Recruitment of manpower : Reply to Agenda 71011/DGBR/ ADG Sectt ‘May-2011 26

10 Grievances : Hegemony of MS 12 over BRO 1451/VKY/DGBR/ADG Sectt 1-Jun-11 32

11 Sub : Enhancing Accountability of BRO 71017/DGBR/270/ADG Sectt 7-Jun-11 42

12 Sub : Distortion of Approval of 1451/VKY/DGBR/ADG Sectt 8-Jun-11 47

Cabinet Committee

13 Manning Policy of BRO 71011/DGBR/144/ADG Sectt 10-Oct-11 54

14 Framing / Amendment of Recruitment Rules 71011/DGBR/145/ADG Sectt 11-Oct-11 61

15 Implementation of Restructuring of BRO 71011/DGBR/146/ADG Sectt 14-Oct-11 63

16 Manning Policy of BRO 71011/DGBR/147/ADG Sectt 18-Oct-11 69

17 Posting of officers as Chief Engineer 90900/Brig/Misc/E1A 21-Oct-11 75

18 Corps of Engineer Officers on ERE in BRO 71011/DGBR/148/ADG Sectt 28-Oct-11 78

19 Agenda Points BRDB Meet to be 71011/DGBR/149/ADG Sectt 1-Nov-11 91

held on 08 Nov 2011

20 Posting of acting rank brigadier against CE 71011/DGBR/150/ADG Sectt 1-Nov-11 97

21 Equivalence beetween civilian 71011/DGBR/XY/ADG Sectt 24-Nov-11 104

and army officers

22 Framing of GREF Act 2011 71011/DGBR/160/ADG Sectt 20-Dec-11 105

23 Holding DPC for 2012-13 71011/DGBR/161/ADG Sectt 23-Feb-12 109

24 Repatriation of corps of engineer officers 71011/DGBR/162/ADG Sectt 19-Mar-12 113

25 Military duty in BRO 71011/DGBR/163/ADG Sectt 28-Mar-12 119

26 Jurisdiction of Central Administrative Tribunal 71011/DGBR/164/ADG Sectt 9-May-12 128

27 Deployment/Deputation of army officers 71011/DGBR/166/ADG Sectt 10-May-12 133

28 Deployment of Brig VS kattarya as DDG 71011/DGBR/167/ADG Sectt 1-May-12 164

(TP) at HQ DGBR

3

29 Poor quality of works due to lack of clear 71011/DGBR/165/ADG Sectt 10-May-12 166

policy vision in BRO

30 Appointment of DGBR 1451/VKY/DGBR/ADG Sectt 15-May-12 169

31 Unilateral Posting of DG, BRO 71011/DGBR/170/ADG Sectt 22-May-12 186

32 Manning Policy of BRO 71011/DGBR/172/ADG Sectt 6-Jun-12 194

33 Jurisdiction of Central Administrative Tribunal 71011/DGBR/173/ADG Sectt 6-Jun-12 196

34 Framing of GREF Act 71011/DGBR/174/ADG Sectt 6-Jun-12 201

35 Manning Policy of BRO 71011/DGBR/175/ADG Sectt 6-Jun-12 221

36 Functioning of BRDB and BRO 71011/DGBR/176/ADG Sectt 7-Jun-12 225

in Accordance to the

37 Violation of Govt. of India 71011/DGBR/177/ADG Sectt 7-Jun-12 236

38 The Colonial Mind set of officers Dealing 71011/DGBR/176/ADG Sectt 7-Jun-12 239

39 Status of GREF 71011/DGBR/179/ADG Sectt 8-Jun-12 253

40 Establishment of Training Institute for BRO 71011/DGBR/180/ADG Sectt 11-Jun-12 255

41 Border Roads Engineering Service (BRES) Presentation on BRES 256

42 Appointment of surveyor cadre officeres in 71011/DGBR/186/ADG Sectt 23-Jul-12 267

43 Illegal appointment of DG 71011/DGBR/188/ADG Sectt 27-Jul-12 277

44 Framing of recruitment rules 71011/DGBR/189/ADG Sectt 1-Aug-12 291

for the post of DG

45 Important letters

a Minutes of 2nd BRDB Meeting BRDB/S(3)/60 19-May-60 302

b Organisation and Requirement of GREF F.5(4)BRDB/60 15-Jul-60 304

c Army HQ: Border Roads Organisation No: 69231/SD 2 18-Aug-60 306

d Write petition No.6804/2010 filed by Dr. VK F.No.BRDB/10/1238/2010/GE-I 1-Apr-11 310

Yadav, Vs UoI and Others Before Hon’ble

Delhi High Court

e BRDB Letter:Manning Ratio of r No.F. 96(1)/BRDB/90-Estt. 29-Oct-90 311

BRES vs Army Office

f BRDB Letter:Manning Policy in GREF No.F. 62(1)/BRDB/91-Estt. 14-Nov-91 313

g BRDB Letter: Rotation Policy F.No.BRDB/06/256/35/90/GE-I 25-Aug-10 314

h Enhancement of Leave of GREF Personnel F.No.BRDB/14/256/2010/GE-I 20-Oct-10 315

48 Glossary of Govt. Letters/Policies 317

4

RIGHT TO INFORMATION

11022/DGBR/RTI/POL/17/Pers Coord 21 Jan 2011

DTE GENERAL BORDER ROADS

(PERS COORD/RTI CELL)

IMPLEMENTATION OF SECTION OF RTI ACT 2005

1. Please refer Sectt BRDB ID No. 06/283/BRDB/Adm-2006 dated 24 Dec 2010.

2. Dr. VK Yadav, VSM, Addl DGBR has been appointed as Transparency Officer in HQ DGBR

under the provisions of RTI Act 2005, as directed by Central Information Commission, New Delhi.

3. In this connection please also refer this Dte note No. 11022/DGBR/RTI/POL/07/Pers Coord

dated 21 Dec 2010.

4. The action taken report as called for vide Sectt BRDB ID note quoted at reference is submitted

as above, please.

xxxsdxxx

(Pritam Singh)SPSAD/Pers Coord

Sectt BRDB

‘B’ Wing, 4th Floor

Sena Bhawan

DHQ PO, New DelhiPIN-110 111

5

RESTRICTED

HEADQUARTERS, DIRECTORATE GENERAL BORDER ROADS

OFFICE ORDER

Station : New Delhi Dated : 19 Jan 2011

ORDER No. 01/2011

TRANSPARENCY OFFICER

1. Dr. VK Yadav, VSM Addl DGBR is hereby appointed as Transparency Officer in HQ DGBRunder RTI Act 2005.

xxxsdxxx

No.10435/OO/DGBR/02/Coord ‘E’ (Rajesh Khokhar)Lt ColJD/DGBR Coord

Headquarters For DGBRDte General Border RoadsSeema Sadak BhawanRing Road, Delhi CanttNew Delhi-110 010

Distribution :-

1. Dr VK Yadav, VSM, ADGBR

2. DG’s Sectt

3. ADG’s Sectt

4. Per Dte

5. TP Dte

6. TA Dte

7. WP Dte

8. Med Dte

9. D&V Dte

10. Br & Tnl Dte

11. D&S Dte

12. E8 Sec

13. IRLA Sec

14. 910 Prov Unit

15. PA to DDG (Pers)

16. PA to Dir (Org)

17. Notice Board

18. Office Copy

19. RTI cell

6

ImmediateImplementation of RTI Act

Ministry of Defence

D(Coord)

Subject : Implementation of Section of the RTI Act-2005.

Please find enclosed a copy of letter No. CIC/AT/10/000111, dated 18.11.2010 received from

Secretary, Central Information Commission addressed to Defence Secretary on the above mentioned

subject.

2. Addressees of this communication are requested to take immediate action to implement the

provisions of the RTI Act as per CIC letter and to send Action Taken Report to D(Coord) for sending

consolidated report to CIC in respect of DOD.

xxxsdxxx

(Muralidhar Pandey)

Director(Coord)

Dir(Estt.)-in respect of DOD Sectt.

All Public Authorities under Deptt of Defence as per list attached

M of ID No. 22(5)2009/D(Coord) dated 25th November, 2010.

Copy for similar action and communication of Action Taken Report directly to CIC:

1. JS(Coord)- in respect of DDP

2. CCR&D(R) : in r/o DRDO

3. JS(ESW)-in respect of DESW

7

Central Information CommissionAugust Kranti Bhawan

Bhikaji Cama PlaceNew Delhi-110 066

Date : 09-12-2010

Subject : 1. Roles of CPIO and Transparency Officer(TO)

2. Level of Transparency Officer (TO)

3. Job Chart of Transparency Officer (TO)

Reference : D.D.No. CIC/AT/D/10/000111 dated 15.11.2010

Apropos the subject and reference cited, certain public authorities have requested clarification

regarding the roles of the Transparency Officer (T.O) vis-a-vis the CPIO, and the level of the Transparency

Officer.

2. It is clarified that the institution of Transparency Officer is in fact an administrative arrangement

for promotion of institutional transparency within the public authority through proactive and effective

implementation of the provisions of Section 4 of the RTI Act, 2005. These include effective record

management, digitization of records, networking and incremental proactive disclosures.

3. The CPIO and the Appellate Authority, on the other hand, are parts of the RTI-regime and, in that

sense, are statutory officers under the RTI Act. Their functions shall be as defined in Sections 7 and

19(1) of the Act respectively.

4. Within the public authority, a CPIO will be free to seek guidance from the Transparency Officer

about disclosure-norms — both in its general and specific aspects.

5. The level of Transparency Officer, in any public authority, may vary depending on the availability

of personnel of a requisite level. However, to be effective, a Transparency Officer should be of

sufficiently high seniority in the organisation, having uninterrupted and free access to the head of

the public authority. He should also be able to effectively communicate and liaise with Divisional Heads

of the pubic authority.

It is, therefore, desirable that TO is either No.2 or No.3 behind the head of the organisation,

in the official hierarchy.

6. Job Chart of Transparency Officer

Transparency Officer (TO) shall be the main centre of all actions connected with promotion of

institutional transparency commensurate with the letter and spirit of the RTI Act. In performing this role,

the TO shall :

8

i. Act as the interface for the Commission vis-a-vis the public authority on the one hand,

and on the other vis-a-vis the public authority and the general public/information seeker.

ii. Engage continuously, in implementing the Commission’s directive dated 15.11.2010

regarding pro-active disclosures under section -4 of RTI Act, vis-a-vis the public authority

concerned.

iii. Regularly monitor decisions of the Central Information Commission (http://cic.gov.in)

with a view to identify areas of openness both generic and specific as a result of such

decisions.

Ensure that all levels of employees of the public authority are sensitized about

these decisions and their implications.

Be responsible for issuing advisories, to officers/staff about need for sensitivity

to institutional transparency and act as a change agent.

Be responsible for sensitizing the officers/staff that the time limit stipulated in

the RTI Act are outer limit for matters raised under RTI Act and officers/staff are required

to be mentally tuned to disclose all information’s, predetermined as open, within the

shortest possible time on receiving request.

iv. Be the contact point for the CPIO/FAA/Divisional Heads in respect of all RTI related

matters of the Organisation. He will be the clearing house in all matters about making

transparency the central point of organizational behaviour.

v. Constantly remain in touch with the top management in the public authority about the

strategy and the action to promote transparency within the organisation.

Promote good management practices with the organisation cantered on transparency.

vi. Devise transparency indices for various wings of the public authority in order to introduce

healthy competition in promoting transparency.

9

Advance Copy For Kind Attention of Secretary BRDB Please

HeadquartersDte General Border RoadsSeema Sadak BhawanRing Road, Delhi CanttNew Delhi – 10.

71005/DGBR/40/ADG Sectt 11 Mar 2011

Shri Subhash Sharma, IASSecretary, BRDBEX-officioMinistry of Road Transport and HighwaysBorder Roads Development Board‘B’ Wing, 4th Floor, Sena BhawanNew Delhi-11

AMENDMENT TO RECRUITMENT RULES(Through proper channel)

Sir,

1. Reference Dte GBR letter No. 12412/R&P/Offr/DGBR/50/EG2 dated 28 Sep 2010 vide whichAmendment to R&R of Group ‘A’ services of GREF has been submitted.

2. DoPT guideline for framing & amending R&R for unorganized and organized Group ‘A’ servicesis enclosed as Appendix ‘A’ in DoPT circular dated 20 Nov 2009, (enclosed as Appendix ‘B’), it ismentioned that Cadre posts of an Organized Service expressly belong to that service and DoPT hasreiterated it while scrutinizing the R&R of BRES cadre. Therefore, it is requested that all Group ‘A’Engineer posts sanctioned by the CCS in Sep 2006, such as DG, ADG in HAG grade, CE, SE, EENFSG in SAG, JAG & JAG (NFSG) grade, EE & AEE in JTS and STS scale, shall be included forRecruitment Rules as per the DoPT guideline to avoid litigation and embarrassment to BRES Cadre.DoPT has already issued amendments in the eligibility criteria as amended for HAG, SAG, JAG, STCand JAG (NFSG) for the promotion and shall be incorporated accordingly so that BRES officers aretreated at par with other Organized Group ‘A’ service and get non functional up gradation without anydiscrimination.

3. Copy of DoPT letters for eligibility criteria for various grade are enclosed as Appendix ‘C’

4. This needs your attention as the amendment to R&R of BRES Cadre has not taken place sincelong, causing great confusion and leading to court cases.

5. I will be grateful if an early action in the matter is taken.

xxxsdxxx

(Dr VK Yadav)Addl DGBRTransparency Officer

Encls:29 Sheets HQ DGBR

Copy to;-

HQ DGBR/Pers Dte : with respect to letter cited above.

10

Advance Copy For Kind Attention of Secretary BRDB Please




CADRE REVIEW OF BRES CADRE(Through proper channel)

Sir,

1. The Cadre Review of BRES officers has been submitted to Sectt BRDB and needs to beanalyzed taking into consideration the DoPT OM dated 14 Dec 2010 and monograph of Group ‘A’Central Services 2010. Copy enclosed as Appx ‘A’ and ‘B’. A copy of Cabinet Secretary letter dated 29Mar 2008 is also enclosed as Appendix ‘C’.

2. It is needless to say that BRES cadre needs to be made attractive to attract fresh EngineerGraduate through UPSC. The cadre review is not something which Govt of India has bestowed to theCentral Civil Services for the sake of welfare as each service in the Union of India has been evolvedbased on the present need and future requirement and talented engineers could be attracted in theprocess of nation building.

3. As per DoPT guidelines, Cadre controlling authority has to frame the Cadre Review proposaland the senior most member of the service shall be included as a member of Cadre Review Committee.The proposal of Cadre Review of BRES Cadre which has been submitted was not discussed with theundersigned. This needs your attention and Cadre Review submitted may be sent for the perusal ofundersigned, being the senior most member of BRES Cadre so that the proposal can be framed asper the DoPT guidelines, taking all aspects into account as mentioned in Appendix ‘B’.

xxxsdxxx


Encls:26 Sheets HQ DGBR

Copy to;-

HQ DGBR/Pers Dte : for info and necessary action please.

11

Headquarters

Dte General Border Roads

Seema Sadak BhawanRing Road, Delhi CanttNew Delhi – 10.


Shri Subhash Sharma, IAS

Secretary, BRDB

EX-officio

Ministry of Road Transport and Highways

Border Roads Development Board

‘B’ Wing, 4th Floor, Sena Bhawan

New Delhi-11

NOMINATION OF JOINT SECRETARY OFFICER i.e. CHIEF ENGINEER

(GRADE PAY RS 10000.00) FOR DPC’s RELATED MATTERS

(Through proper channel)

Sir,

1. Reference DoPT OM No 22011/1/2011-Estt (D) dated 01 Mar 2011 Para 05.

2. In the above referred DoPT OM it has been noted that delays in promotion result in considerablefrustrations amongst the officers, thereby adversely affecting their morale and overall productivity. As aremedial measure, it has been suggested that all Ministries/ Departments provide for a time schedulefor convening DPC’s.

3. It has been observed and brought to my notice that DPC of BRES (Civil) cadre against thevacancies of 2009-10 from EE (Civ) to SE (Civ) is still pending and there have been considerablefrustration amongst the BRES (Civil) cadre officers. Similarly DPC initiation of the other cadres of theorganization needs to the expedited.

4. In view of above it is requested that an immediate action may be taken to nominate an officer ofthe level of Joint Secretary i.e. Chief Engineer as the designate authority for ensuring timely holding ofDPC’s in the Organization as advised in DoPT above OM please.

xxxsdxxx


Encls: 02 Sheets HQ DGBR

12




IMPLEMENTATION CABINET DECISION ON RESTRUCTURING OFBRO (GREF): UPGRADATION OF GREF CENTRE

1. It has been discussed in the presentation held at HQ DGBR that the raising of Training Schoolis urgently needed to meet the training requirement of GREF officers and personnel. Similarly, theupgradation of GREF Centre is pending in spite of large number of recruitments required to be undertaken on a time bound manner.

2. The non-implementation of restructuring is causing great loss in terms of manpower as well asquality of work.. The under posting plan unilaterally adopted by organization, leading to over- stretchingof human resources, causing fatal accidents and loss of Govt. properties.

Another aspect which needs immediate attention is that an inexperienced and totally new person,unaware of Civil Recruitment Rules and Regulation is made Commandant, GREF Centre, whereasthe requirements is of the level of Chief Engineer.

Recently, Col Muthu Kumar, is Commander 14 BRTF at CE (P) Vartak and has completed onecommand tenure in GREF who was earlier posted to Southern Command of the Army, has now managedhis posting as Commandant, GREF Centre with the blessings of officers from MS Branch of IHQ(Army) and HQ E-in-C.

3. Such posting order issued by MS IHQ (Army) by which Col Muthu Kumar has been posted ascommandant GREF Centre, Should be got cancelled with immediate effect to stop perpetuation ofaphorism in selection of Officers for such key appointments and immediate action needs to be undertakento upgrade Commandant GREF Centre post to the Chief Engineer level as per Cabinet approval sothat timely recruitment could be undertaken by the revamping GREF Centre without further loss ofprecious time.

xxxsdxxx


Encls: Sheets HQ DGBR

13

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Ser Category Existing Auth Proposed Auth

No GREF Trg Total GREF Trg Increase DecreaseCentre School Centre School Total

OFFICERS

1 Brig/CE (C) 0 1 1 1

2 Col (Engrs) 1 1 2 1 3 2

3 SE(C) 1 1 1 1 2 1

4 Lt Col (Engrs) 1 1 2 1 3 2

5 EE (C) 3 3 3 2 5 2

6 AEE (C) 2 2 2 4 6 4

7 LT Col (EME) 0 1 1 1

8 EE (E&M) 2 2 2 1 3 1

9 AEE (E&M) 0 1 1 1

10 LT Col 1 1 1 1

11 Major 1 1 1 1 2 1

12 SAO 2 2 2 1 3 1

13 Capt 2 2 2 2

14 AO 4 4 4 4

15 AAO 3 3 3 3

16 Maj 1 1 1 1

17 Maj (Sigs) 0 1 1 1

18 CDM 0 1 1 1

19 Hindi Offr 1 1 1 1 2 1

TOTAL (Officers ) 25 0 25 28 17 45 20

Group ‘B’ (Non Gazetted)

1 Hindi translator 2 2 2 1 3 1

2 Office Supdt 3 1 4 3 1 3 1

3 Sr Hindi Translator 1 1 1 1

4 Supdt Stores 1 2 3 1 2 3

5 Steno-I 1 1 1 2 3 2

6 Supdt E&M-I 1 1 2 1 3 4 2

7 Supdt NT 1 1 1 2 3 2

8 Supdt BR-I 3 1 4 3 8 11 7

TOTAL (Group ‘B’) 13 5 18 13 19 32 14

Group ‘C’

1 Asst 3 1 4 3 1 4

2 Ch Elec 1 1 1 1 2 1

3 Ch Mech 1 1 1 3 4 3

4 Charge man Sig 0 1 1 1

5 Dtmn (C) –I 1 1 2 2 1

14





6 Dvr MT 12 12 12 10 22 10

7 Dvr RR 1 1 1 2 4 3

8 Electrician 1 1 1 2 3 2

9 Ferro Printer 1 1 1 1

10 Fire Eng Dvr 1 1 1 1

11 Gatekeeper 1 1 1 1

12 Hindi Typist 1 1 1 2 3 2

13 LDC 35 3 38 35 3 38

14 LH (Fire) 1 1 1 1

15 LH (NURS) 2 2 2 2

16 LH NT 6 6 6 3 9 3

17 ME 1 1 1 4 5 4

18 OVSR 0 4 5 4

19 RADIO MECH 0 1 1 1

20 RADIO OPR 1 1 1 2 3 2

21 Sr Dimn 0 1 1 1

22 SKT 4 4 4 1 5 1

23 SS I 0 1 1 1

24 SS II 3 1 4 3 1 4

25 Steno II 1 1 2 1 1 2

26 Supdt BR-II 0 4 4 4

27 Supdt E&M -II 0 2 2 2

28 Supvr Fire 1 1 1 1

29 Supvr NT -II 2 2 2 2

30 Supv(Nurs&San) 1 1 1 1

31 UDC 15 15 15 2 17 2

32 Veh Mech 2 2 2 2

33 Welder 1 1 1 1 2 1

TOTAL Group ‘C’ 99 7 106 99 56 155 49

Group ‘D’

1 Barber 2 2 2 2 4 2

2 Bootmaker 0 1 1 1

3 Carpenter 0 2 2 2

4 Cook 10 10 10 3 13 3

5 Daftary 1 1 1 1 2 1

6 DES 3 3 3 2 5 2

15





7 Diller 0 1 1 1

8 Fireman 2 2 2 2

9 Masalchi 1 1 1 1 2 1

10 Mason 2 2 2 2 4 2

11 Mate 4 4 4 4

12 Mess Waiter 2 2 2 2

13 Nurs Asst 5 5 5 5

14 Painter 1 1 1 1 2 1

15 Pioneer 95 6 101 95 6 101

16 Pipe fitter 1 1 1 1

17 Safaiwala 13 13 13 2 15 2

18 Store man 1 1 1 2 3 2

19 Tailer 2 2 2 2 4 2

20 Washerman 2 2 2 2 4 2

TOTAL Group ‘D’ 147 6 153 147 30 177 24

Grand Total 284 18 302 287 122 409 107

Role of GREF Centre : The GREF Centre recruits and trains the subordinates before the first postingto units. It also imparts refresher training to officers and subordinates.

16

Headquarters


Seema Sadak Bhawan

Ring Road, Delhi Cantt

New Delhi – 10.

71005/DGBR/43/ADG Sectt 27 Apr 2011

Shri Subhash Sharma, IAS

Secretary, BRDB

EX-officio

Ministry of Road Transport and Highways


‘B’ Wing, 4th Floor, Sena Bhawan

New Delhi-11

AGENDA POINTS FOR BRDB MEET SCHEDULED ON 5th MAY 2011

Sir,

1. Kindly refer to following letters on various issues pertaining to BRES cadre and intake of Armyofficers and personnel on deputation against the vacancies of GREF Offers and personnel:-

(a) Letter No.71005/DGBR/40/ADG Sectt dated 11 Mar 2011

(b) Letter No.71005/DGBR/41/ADG Sectt dated 11 Mar 2011

(c) Letter No.71005/DGBR/41/ADG Sectt dated 24 Mar 2011

(d) Letter No.71005/DGBR/41/ADG Sectt dated 25 Mar 2011

(e) Letter No.71005/DGBR/42/ADG Sectt dated 30 Mar 2011

Copy enclosed as Appendix.

2. No communication has been received on any of the above referred letters.

3. You are requested to include all issue raised in the above letters in the forth coming BRDBmeet please.

4. ADG, BR may also be allowed to attend the BRDB meet please.

xxxsdxxx

(Dr VK Yadav)

Addl DGBR

Transparency Officer

Encls: ____Sheets HQ DGBR

Copy to;-

HQ DGBR/TP Dte : for info wrt your 25 Apr 2011 letter on the above meet please.

17

HeadquartersChief EngineerProject VijayakPin 931 721C/O 56 APO

20022/A/Trg/01/E2 Plg 04 May 2011

HQ DGBR/DG’ Sectt

Seema Sadak Bhawan


New Delhi 110010

RAISING OF TRAINING INSTITUTE FOR BRO

1. Kindly refer to tele conversation between CE and SO to DGBR on the subject of date.

2. To facilitate training of BRO Officials from time to time, particularly on specification of the

road and bridge work, construction technology and methodology, quality assurance, design,

preparation of DPR, contract management including resource management both manpower and

mechanical etc a proper institute is need of the hour. The institute however be raised at a place

where well experienced professional, research institute related to road work, renowned Engineering

College, Training Institute for Highway Engg and other professional bodies of Highway Engineers

and construction organizations are located in nearby area so that their expertise and experience

could be gainfully utilized. From this consideration, New Delhi would be the most suitable place as

NITHE (National Institute for Training of Highway Engg), CRRI (Central Road Research Institute),

IRC (Indian Roads Congress), MORT&H (Ministry of Road Transport and Highway), IIT (Indian Institute

of Technology) and other prestigious organization, viz, RITES, IRCON, CPWD, DMRC etc are located.

Proximity of these institutes would help a great deal in organizing training of the officials in an effective

manner. As large number of road, Fly over, railway and tunnel projects are also under construction in

Delhi, where latest technology is being applied for construction this will also help in arranging practical

session and providing proper exposure.

xxxsdxxx(Anil Kumar)Chief EngineerProject Vijayak

18

1451/VKY/DGBR/ADG Sectt 30 May 2011

General VK Singh, PVSM, AVSM, YSM, ADCChief of Army StaffSena Bhawan, New Delhi

GRIEVANCES COMPLAINT : CHIEF ENGINEER POST - BLOCKING VACANCIES OFBRO/GREF BY KEEPING IT RESERVED FOR ARMY BRIGADIERS IN LIEU OF MAJ

GENERALS AND ARMY NOT ABLE TO PROVIDE SUITABLE RELIEF

Dear Chief,

1. Reference Agenda Point No. 10 discussed during BRDB Meet held at HQ DGBR on 05 May

2011 and directions by the Hon’ble RRM, Chairman BRDB to finalize the Board of Officers in

two months time.

Present Status of Army Chief Engineers in GREF. Army officers in GREF are on loan

and paid from MoRT&H funds and not from MoD. Border Roads Organization is work charged

Organization for Army officers as well as for GREF officers.

Army Authorization Held Deficiency Remarks

Corps of Engrs 1. CE/Maj Gen -14 11 Brig 3 Brig Brig held in lieu

of Maj Gen.

2. Colonel - 72 30 42 -

3. Lt Col - 08 08 08

4. Major - 100 88 12 -

5. Capt - 90 49 41 -

Corps of EME 1. DDG/Maj Gen - 01 01 Brig - Brig held in lieu

of Maj Gen.

2. Colonel – 12 03 09 -

3. Lt Col - 04 01 03 -

4. Major - 31 25 06 -

5. Capt - 36 01 35 -

Medical Corps 1. DDG/Maj Gen -01 01 Brig - Brig held in lieu

of Maj Gen.

2. Col -

3. Lt Col -

4. Major - 56 20 36 -

5. Capt - 06 35 - -

2. In the Army, everywhere the vacancies listed earlier for Brigadier are now being filled by Maj

Generals and posts reserved for Maj General are also being upgraded to Lt General eg. Sub Area

Commander was Brigadier but now it will be commanded by Maj General. The Div Commander

19

was Maj General but now in year 2011 onwards the Div will also be commanded by Lt General.

Whereas in Border Roads Organization, Chief Engineer/Major General post in pay scale PB-4

+ Grade Pay ‘ 10,000/- is being usurped by Brigadier. Govt. of India Gazette dated 12 Feb 2007

refers. “Till such time sufficient number of Maj Generals are not available from Army, however

it will be held by Brigadiers in the pay scale of PB-4 + Grade Pay ‘8,900/-.” Usurping the

vacancy of Chief Engineer of Maj General rank for a junior rank of Brigadier is like illegal

occupation by Army officers in “Adarsh Society of Mumbai”.

The equivalent posts of Army, MES and GREF are given below:-

ARMY MES B/R GREF

Rank Pay scale Post Post Pay scale

Colonel PB-4 + GP Rs. 8700/- SE/Director SE PB-4 + GP Rs. 8700/-

Brigadier PB-4 + GP Rs. 8900/- Addl CE - -

Maj Gen PB-4+GP Rs. 10,000/- CE/DDG CE PB-4 + GP Rs.10000/-

Lt Gen HAG Scale ADG/DG ADG HAG Scale

Rs. 67000-79000/- Rs. 67000-79000/-

Chief Engineer in GREF, appointed only after ACC approval, is responsible for financial expenditure to

the tune of 200 crores whereas a Brigadier is equivalent to Addl Chief Engineer in MES. BRO has no

vacancy of the post of Addl Chief Engineer. How long we can buy a bluff that Maj General of Corps

of Engineers is not available, hence continue with a Brigadier and why should we do so after

implementation of A.V. Singh Committee report?

3. A.V. Singh Committee did restructuring of Army in 2003 and Corps of Engineers has been

allotted only 23 Maj Generals and presently holding 24 Maj Generals as per list enclosed (Appx ‘A’) with

no mention of Maj Generals for GREF vacancies of CEs/DDGs. A.V. Singh Committee has never

considered the GREF civilian vacancies of 14 CE/Major Generals, 80 Colonels, 100 Majors and 90

Captains from Corps of Engineers, otherwise A.V. Singh Committee had to increase pro-rata

basis equivalent Maj Generals/Col/Major/Capt in other Arms also. Since Army will never ever

provide 14 Maj Generals and other rank officers mentioned above without compromising existing

important assignments in Army held by Maj Generals and 11 Brigadiers will keep on coming in lieu of 14

Maj Generals. In MES these Brigadiers are absorbed as Addl Chief Engineers but in GREF they are

usurping the post of full fledged Chief Engineers. Sir, this practice should stop henceforth

and no more relaxation please.

There cannot be two sets of rules for same appointment. Since Brigadier is not getting

cleared through ACC being in lower pay scale, Border Roads Organization should not accept Brigadier

from Corps of Engineers and EME. These 14 posts, earmarked for Maj Generals and none of the Maj

Generals can come on SD vacancy, be retrieved from Army and released to GREF to fill up by promoting

eligible GREF officers. Army Officers are work charged from MoRT&H for their salaries and

nothing comes free.

20

Modus Operandi of Well Planned Scam at E-in-C and DGBR Level

5. MS Branch which handles these postings is MS-12. E-in-C Branch, Kashmir House under

Deputy MS and reports to Lt Gen GM Nair who happens to be assisted by Addl MS(A) and Addl MS(B)

and one Civilian Officer at South Block, MoD.

None of these officers are aware of GREF Rules and essential requirements of BRO nor do

they interact with Secy BRDB. Army officers are managing their posting by illegal means. To resolve

this scam, which is going on in favour of one organization (ARMY) and against the interest of other

(GREF), Secy BRDB should step in. Most of the Colonels of MS-12 reserve the appointment

of CE (P) Dantak in Bhutan (Foreign Assignment) for themselves. They occupy the post when

their turn for promotion comes or keep the post vacant till their promotion is issued e.g. Col

SK Sahijpal, Col MS Pillai, Col US Dadu etc. Why not Secy BRDB selects CE for Bhutan?

There is no GREF representation in selection process. E-in-C selects his blue eyed boys

and DGBR includes his own blue eyed boys. Director General Border Roads (DGBR) for example Lt

Gen AK Nanda, AVSM, Lt Gen MC Badhani, VSM and Lt Gen S Ravi Shankar, VSM have never worked

in BRO before becoming DGBR. How can they assess the need of BRO?

Actually, user unit i.e. BRDB has to ask requirement of Army officers Rank wise to E-in-C

Branch, if required essentially and not that even if not required, whatever available to E-in-C Branch

(MS-12) will be dumped in Border Roads. Some day somebody will wake up and start monitoring.

Put up for perusal and taking corrective measures please. The fact that GREF/BRO is

a civilian department and only certain percentage of Army officers/personnel are taken on

loan initially to run the department is forgotten/ignored now and Corps of Engineers is usurping

all the important positions in the department.

xxxsdxxx(Dr. V.K. Yadav)Add. DG

Copy to:-

Hon’ble Raksha Mantri

Govt. of India104, South Block, New Delhi Sir, please ensure GREF (BRO) is saved from

such scams and the power to lead this great

Hon’ble Raksha Rajya Mantri Organisation is given to its civilian officers by

&Chairman BRDB Govt. of India carrying out the necessary re-structuring at the

108-B, South Block New Delhi earliest.

Chief Vigilance Commissioner Usurping Civilian vacancies of GREF by Army

Satarkata Bhavan , A-Block Officers without any check and balances need

GPO Complex , INA New Delhi - 110 023 to be investigated please.

Dr Subhash Sharma, IAS It is high time; Secy BRDB assumes his

Secretary BRDB, 4th Floor, ‘B’ Wing authority against such blatant misuse of

Sena Bhawan, New Delhi – 110011 authority by MS-12/Army.

{

21

Hkkjr ljdkjHkkjr ljdkjHkkjr ljdkjHkkjr ljdkjHkkjr ljdkjGOVERNMENT OFINDIA

lM+d ifjogu ,oa jktekxZ ea=kky;lM+d ifjogu ,oa jktekxZ ea=kky;lM+d ifjogu ,oa jktekxZ ea=kky;lM+d ifjogu ,oa jktekxZ ea=kky;lM+d ifjogu ,oa jktekxZ ea=kky;dhdhdhdhdh

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DETAILED

DEMANDS FOR GRANTSOF

MINISTRY OF ROAD TRANSPORT AND HIGHWAYSFOR

2010-2011

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24

The Gazette of IndiaEXTRAORDINARY

PART-1-Section 3

PUBLISHED BY AUTHORITY

No.1 NEW DELHI MONDAY FEBRUARY 12, 2007/MAGHA 23, 1928

MINISTRY OF DEFENCE

CORRIGENDUM

New Delhi, the 12th February, 2007

No.1 (E)—The following further amendment is made to Government of India, Ministry of Defence

Notification dated 4th November,1987 laying down equivalent ranks in the General Reserve Engineer

Force and the Regular Army for the purpose of the Army Act,1950 as applied to the General Reserve

Engineer Force, Namely:-

General Reserve Engineer Force Regular Army

Chief Engineer Major General

Superintending Engineer Colonel(Functional Scale)

Executive Engineer Lieutenant Colonel(Non-Functional Selection Grade)

Executive Engineer Major

Assistant Executive Engineer Captain

2. The inter-se-seniority between the Colonels and superintending Engineers (FunctionalScale) will be with reference to date of their assumption of charge as Superintending Engineer(Functional Scale)/the date of appointment as Colonel. The inter-se-seniority between other ranks atdifferent levels will be decided similarly.

The post of Chief Engineer may however be held by a Brigadier till such time sufficient number ofMajor Generals is not available from the regular Army.

[F.No.BRDB/06/86/98/GE-1]

HARCHARANJIT SINGH, Secy, BRDB & Jt. Secy.

25

LIST OF MAJOR GENERAL APPOINTMENTS (24 POSTS) pay

SCALE PB-4 RS.37400-67000 GRADE PAY RS.10,000)= CE (GREF)

NO APPOINTMENTS RANK & NAME

6 x CE, Northern Command Maj Gen AK Chaturvedi

CE, Western Command Maj Gen VK Bhatt

CE, South-Western-Command Maj Gen Bahwinder Singh

CE, Southern Command Maj Gen ML Agarwal

CE, Eastern Command Maj Gen I Sikand

CE, Central Command Maj Gen Mohd Amin Naik

1 x DG (Works) Maj Gen RK Mattu

DG (Map) Maj Gen BB Shainia

ADG (Pers) Maj Gen AK Manan

ADG (ESP) Maj Gen Surender Sharma

ADG (ES) Maj Gen Vijay Sharma

Dy Comdt CME Maj Gen Sripal

ADG (TE) Maj Gen VM Tandon

ADGW (Army) Maj Gen NRK Babu

9 x Unspecified

NCC Maj Gen AK Sinha

MGGS (SDN WE) Maj Gen AS Bnalla

MGOE Maj Gen SS Dasaka

ARTRAC Maj Gen M Pillai

GOC, Shillong Zone Maj Gen AT Parnaik

COS, Andaman & Nicobar Maj Gen NP Padh

ADG, LWE Maj Gen AS Chanda

1 x GOC, Uniform Forces Maj Gen MMS Rai

26

HeadquartersDte Gen Border RoadsSeema Sadak BhawanRing Road, Delhi CanttNew Delhi-11 0 010

71011 /DGBR/ /ADG Sectt May 2011

Dr MM Pallam RajuHon’ble RRM & Chairman BRDBGovt of IndiaNew Dellli

RECRUITMENT OF MANPOWER : REPLY TO AGENDA POINTS BRDB MEETHELD ON 05 MAY 2011 AT CONF HALL HQ DGBR

Sir,

l. Refer BRDB meet agenda Item 10, held on 05 May 2011 in the Conference Hall of DirectorateGeneral Border Roads discussed in the meeting. It is essential to go through the root cause of hugedeficiency in the officer cadre of BRO. It is equally important to take corrective measures to attractyoung talent in the Organisgtion, both to meet the present requirement and future needs. The issuehas been analysed in detail and summary of root cause for shortage of officers in the Organisationand actions, to be undertaken, have been numerated below.

2. The total sanctioned strength of Group ‘A’ and Group ‘B’ officers approved by the CCS, in Sep2006, is enclosed in Annexure I and distribution of Group ‘A’ vacancies made by BRDB is given inAnnexure-II.

3. (A) Total deficiency of 353, Group ‘A’ officers in Civil Engineer cadre can be devided in twogroups.

(a) Recruitment Vacancies

Entry Level 194 + 41 Capt from Army never made available = 235 AEE (Civil)

(b) Promotional Vacancies at EE, SE, CE and ADG = 353-235= 118. Net AEE (Civil)vacancies will be 235 + 118 = 353.

Vacancies at AEE (Civil) Level are to be filled 80% i.e. 282 by Direct recr-uitment and 20% i.e.70 Nos through promotion from AE (Civil).

The 118 vacancies are promotional Vacancies from different feeder grade and can be filledthrough DPC as the vacancies of CE, SE and EE grade marked for Army officers are not likely to befilled as Army has not catered these many vacancies in its restructuring approved in 2003 on therecommendation of Ajay Vikram Singh Committee.

The accumulation of promotional vacancies in Civil Engineer cadre is because of two reasons:-

(a) Neither holding of DPC in the Grade of SE and CE for last three year.

27

(b) Promotional vacancies are allotted to Army Engineers without any rational andGovernment order knowing that Army will never provide officers in these ranks for undertaking road construction work to BRO, because they do not have that many officers.

Similarly deficiency of 114 E&M cadre officer which can be further divided in two group

(a) Recruitment Vacancies Direct i.e. 50% of 70 i.e. 35 AEE (E&M) and 35 posts throughpromotion from feeder grade of AE (E&M). The action for recruitment to these postsneeds to be under taken by UPSC. Secretariat BRDB to inform the UPSC accordingly,if not informed so far.

(b) Promotional Vacancies at EE, SE, CE = 114-70 =44.

The accumulation of promotional vacancies is because of:-

(a) Promotional vacancies allotted to Army EME cadre without any rational and Governmentorder knowing that Army will never provide any officers as Army has built up its pool ofofficers based on the war strategy not on the basis of requirement of a Civilian organisationsuch as BRO to undertake Civilian work.

4. The CCS in their note dated Sep 2006 clearly demonstrated that the increase in BRO manpower has been made to enhance the road construction potential of the orgnisation and to completethe most important roads entrusted to BRO in a time bound manner including Indo China and ITBProads . CCS has never made any approval to induct Army officer in BRO or to allot increased vacanciesof BRO Cadre to any Services of Indian Army. However, not withstannding with the CCS approvalBRDB Secretariat and HQ DGBR instead of taking action to adhere the CCS approvaI for completingthe restructuring of BRO in a span of 3 year starting from FY 2006-07 and completing by 2008-09,stared projecting requirement of Arms and service officers at their own. This unilateral approach madeby Secretariat BRDB and HQ DGBR Iead to the present situation of huge deficiency in the main officercadre of the organisation.

5. Government of India while raising this Organisation in 1960 has never made any commitmentto the Indian Army that this Organisation will accommodate Combat officers from the Arms and Servicesfor the construction of Road infrastructure. On the contrary, Army HQ had made a request that in caseof national emergencies such as landslicles, flood and other natural calamity BRO resources may berequired to augment engineer support to the Army. Accordingly, BRDB has issued 31 Oct 1971 letter bywhich BRO resources can be placed under the command of Army formation once approved by theGovernment of India to help the Army Engineer in case of emergency. The letter of JS (G), MoD of1988, under which it has been clearly stated that no BRO resources has been placed under Army onpermanent basis and placement of BRO resources shall take place only after the approval of Govt.There is no Govt. order which says that BRO resources are integral part of Army and Army HQ at theirown can deploy these resources for armed operation or in War Zone. It is well known that Governmentof India is competent to place any Government resource for national emergency and in case of War,once the war book is opened. However this stand of Govt. is being misused by making false propagandaby Army officers posted in the organisation in the hierarchy and Ministries about the role and goal ofBRO and misleading statements are being filed in the Court of Law on behalf of Secretary BRDB andDGBR citing R.Viswan judgement in the matter of R Viswan Vs Govt. of India and others knowing thatthis court case was limited to the disciplinary action taken against certain employees of the Organisationunder Army Act for their indiscipline. Further due to lack of publicity about the true role and goal of theorganisation in the print media and in the Government hierarchy, exaggerated by false propagandaabout its operational Role, the Organisation is not able to attract young talent and those who are joining

28

this Organisation leaving after some time.

6. The factors which are responsible for the deterioration of Group ‘A’ engineer officer cadre areattributed to the followings:-

(a) Lack of proper management of Engineer Cadre i.e. recruitment, promotion, training,deputation to central ministries and other privileges such as foreign assignment available to the otherEngineer cadre of the Central Government Department as all personnel policies have been solelymanaged by the Lt General headed the Organisation for the last 50 years, who hardly had any love andaffection for GREF/BRO.

(b) Allocation of promotional vacancies of Engineer cadre to Army Engineers and EMEcadre without any such approval by the Govt.

(c) Non raising of GREF own supporting units such as Medical Staging Camp, Provost(GREF Police), Signal Cadre, and Miscellaneous pool of officers from the various feeder cadre suchas store, office, administrative and other non Engineer cadre personnel working in supervisory andGroup 'C’ cadre.

7. The deficiency in Group ‘A’ is severe and needs to be tackled on a war footing otherwise thepriority given and faith enshrined in the BRO management by Government of India will never be metwhich will adversely affect all development work including strategic road network along Indo China andNorth and north eastern Borders. The delay in completion of these roads will cost heavily to the Nationboth in the financial and in the development of the country.

ACTION REQUIRED

8. The immediate action is required to be taken for filling the deficiency al the entry level i.e. AEElevel both for Civil and E&M cadre through UPSC as these vacancies can only be filled through UPSCbeing Group ‘A’ Gazetted post. However, deficiencies in the promotional post can be made up byholding DPCs which is well within the control of Administrative Ministry i.e. BRDB.

9. The issue of Army officers postings against the promotional vacancies of BRES cadre needsto be addressed at appnpriate level and shall be modified taking into account the Organisational needsand its role and the priorities of Govt. of India to complete the critical road infrastructure including Indo-China Border Roads, Prime Minister’s Package Roads in J&K and SARDP and ITBP works in otherstates along the Border Areas. It is well known that the Select rank vacancies in the Army are fixedbased on the A V Singh Committee report of 2003 and each Arms and Service within the Indian Armyestablishment, have been allotted promotional vacancies in the rank of Colonel, Brigadier. Major Generaland Lt General on the prorata Basis and Army cannot afford to provide its combat trained officer toBRO for executing road infrastructure works. Therefore BRO cannot depend on the strength of Armyman power to complete its priority works.

10. It is essential that management of BRO has to be given to its main cadre so that the Organisationcan be developed and strengthened to its full capacity in all respect and dependency on Army manpower·, which is presently taken from the Army on loan basis, could be eliminated in a time boundmanner to avoid uncertainty and deficiency in the manpower strength of the Organisation. This will alsohelp Indian Army to strengthen their own deficiency and BRO would be able to recruit its own manpower strength to undertake and complete priority road works as laid down by the Govt. of India.Visionary first Prime Minister of India, Late Pandit Jawaharlal Nehru, has raised the Civilian Organisationas a self contained Organisation under the authority of the Central Government and it is clearly mentioned

29

in the raising order of the Organisation that this Organisation will undertake road infrastructure works inthe border areas and any such task assigned by BRDB. It is no where mentioned that this organisationwill work under the control of the Army and Army Officer will be deployed in the Organisation to undertakethe road infrastructure works in the Border Areas.

11. Further to make BRO efficient and to avoid procedural delay on part of Ministry of Road Transportin according sanction of road scheme, Secretary Border Roads Development Board had been givenstatus of Ex-Officio Secretariat of Ministry of Road Transport (Border Roads) to accord all projectsanctions and expedite sanctions with respect of finalised work plan for Border States. Thus Govt. oflndia has made its intention clear that this Organrsation shall only focus on the infrastructure developmentin the North and North-Eastern Border Areas, Not for fighting war or taking part in any Armed Operations.

12. In a nutshell It is essential that the Organisation restructuring shall be implemented in letter andspirit and Management of the Organisation shall be placed in the hand of Organisation’s own cadreofficers to take this Organisation to new heights rather than wasting time and effort in convincingcivilian employee of the Organisation that their promotion posts have been occupied by the ArmyOfficers due to operational or war needs of the country.

Yours faithfully, xxxsdxxx(Dr VK Yadav)Addl DGBR

Copy to:-

Shri KM Chandrasekhar, lASCabinet SecretaryGovt. of IndiaNew Delhi

Shri Pradeep Kumar, lASThe Secrctary DefenceMinistry of DefenceGovt of IndiaNew Delhi

Smt Vijalakshmi K GuptaSecretary (Def. Finance)Govl. of IndiaNew Delhi

Dr Subhash Sharma, lASSecretary BRDB4" Floor. ‘B. WingSena Bhawan.New Delhi- 110011

lnternnlDGBR/Pers

30

Category Post Approved Vacancy distributed as per unilateral Manningby CCS in Sep Policy of 1990/1991 issued by BRDB2006

Group ‘A’ Total GREF Cadre Armed on Loan

Auth Held Deffi Auth Held Deffi

Civil Engineer 926 636 376 260 290 187 103

E & M Engineer 232 148 98 50 84 31 53

Administrative cadre 184 130 86 44 54 21 33

Medical cadre 145 66 20 46 79 66 13

Miscellaneous cadre 49 02 02 - 49 20 29

Total 1536 982 582 400 556 325 231

Goup 'B' Auth Held Deffi Auth Held Deffi

Civil Engineer 230 230 210 20 Nil Nil Nil

E & M Engineer 41 41 39 02 Nil Nil Nil

Administrative cadre 62 62 61 01 Nil Nil Nil

Medical cadre - - - - Nil Nil Nil

Miscellaneous cadre 28 28 16 12 Nil Nil Nil

Total 361 361 326 35 Nil Nil Nil

Post distributed as per Unilateral Manning Policy of 1990/1991 issued by BRDB

Civil Engineer Cadre Total GREF Cadre Army Engg Offrs on loanRemarks

Post Auth Held Deffi Auth Held Deffi

Director General 01 - - - 01 01* - Lt Gen

Addl Director General 02 02 01 01 - - -

Chief Engineer 28 14 06 08 14 11* 03 (11 Brig)

Superintending 146 66 43 23 80 38* 42 (30 Col+08 LtEngineer Col)

Executive Engineer 299 194 159 45 105 88* 17 (44 Maj+44 LtCol)

Asst executive Engineer 450 360 166 194 90 49* 41 (44 Capt + 05Sub Maj)

Total 926 636 374 250 290 187 103

a) Total deficiency in Group 'A' Civil Engineer Cadre 926-374=552% deficiency 59.6%

Annexure-I

Annexure-II

31

b) Deficiency after considering army strength posted against Civil Engineer Vacancies =250+103=353% deficiency 38%

Post distributed as per Unilateral Manning Policy of 1990/1991 issued by BRDB

E&M Engineer Cadre Total GREF Cadre Army Engg Offrs on loanRemarks

Post Auth Held Deffi Auth Held Deffi

Chief Engineer 02 01 01 01 01* -

Superintending 28 12 12 16 06* 10 (01 Brig)Engineer

Executive Engineer 79 48 31 17 31 25* 17 (03 Col+03Lt Col)

Asst Executive Engineer 123 87 52 35 36 01* 35 (01 Capt

Total 232 148 96 52 84 33 62

a) Total deficiency in Group 'A' E&M Engineer Cadre 232-148=84% deficiency 36%

b) Deficiency after considering army strength posted against E&M Engineer Vacancies =148+33=181% deficiency 21%

32

Headquarters

Dir Gen Border Roads

Seema Sadak Bhawan


New Delhi-lID 010

1451NKY/DGBR/ADG Sectt 01 Jun 2011

Chief of Army StaffSena Bhawan, New Delhi

GRIEVANCES : HEGEMONY OF MS-12 OVER GREF/BRO

Sir,

1. It is a myth that due to operational requirements 30 number of Task Forces and 34 numbers of

Pioneer Coys are required to be maintained by GREF/BRO. No Govt. order in BRDB Sectt in support

of operational requirement is available. Reference BRDB Sectt ID No 2l5/Secy~BRDB/98 dated 24

Mar 1998 (Copy enclosed).

2. MORT&H Demands for Grants says that Army officers in GREF are paid from MoRT&H fund

and not from MoD. This is work charged Organisation. Salary is to be paid out of jobs for Army officers

on loan as well as for GREF officers.

3. Corps of EME has expressed their inability to provide EME officers for BRO/GREF. I wish to

confirm that there is no requirement of MS-16 and MS-15 to place Army officers in BRO. MS-12 also

should consider that BRO was granted permanent status subsequently in 1969. As a sequence to

which recruitment and promotional rules were formulated and Border Roads Engineering Services

Group ‘A’ was constituted in 1977. The service was declared an Organised Central Engineering

Service in 1978. Therefore lateral entries are not permitted in the Force.

4. The manning policy erroneously quoted so far vide BROB No F.85(7}/1964-Rectt dated 7 Aug

1981 (Copy enclosed) was never approved by MoD Finance, hence is illegal. We are of the view that

in first place, certain factual position required re-checking. AV Singh Committee did restructuring of

Army in 2003 and Corps of Engineers has been allotted only 659 Select Rank. Out of that Corps of

Engineers usurped 86 Select Ranks in GREF at the cost of sacrificing utility of Indian Army’s Engineer

support because AV Singh Committee never considered GREF civilian vacancies of 14 CE/Maj Generals/

Brigadier, 80 Colonels, 100 Majors and 90 Captains from Corps of Engineers. Otherwise, it would had

increase pro-rata basis equivalent ranks in other Arms also.

5, MS Branch (MS-12, MS-16, MS-15, MS-l) which handles these postings under Deputy MS is not

aware of GREF Rules and essential requirements of BRO nor do they interact with Secy BRDB. Secy

BRDB should step in since Army Officers have to come on loan. GREF should .decide whether they are

really required in view of strong presence of qualified permanent cadre in GREF of Civil Engineers and

Mechanical Engineers. There is no GREF representation in selection process of MS Branch.

33

Myth of Army Authorisation Held Deficiency Remarks

Corns of Enars 1. CE/Maj Gen -14 11 Brig 3 Brig How can Crops of

284 officers 2. Colonel - 72 30 42 Engrs spare 86

Ms-12 3. Lt Col - 08 08 08 Select Rank*

4. Major -100 88 12 Offrs out of their

5. Capt -90 49 41 Strength of 659

approved by A.V.

Singh Committee?

Corns of EME 1. DDG/Maj Gen - 01 01 Brio -

84 Officers 2. Colonel - 12 03 09 GREF has suffi

MS-16 3. Lt Col-04 01 03 cient offrs .We

4. Maior -31 25 06 do not require

5. Capt-36 01 35 EME offrs,

Supply Coros 1. Colonel- 01 01 -1 -

54 Officers 2. Lt Col - 04 04 - We do not

MS-I5 3. Major - 23 11 12 require 54 offrs

4. Capt .. 26 05 21 of ASC.

Medical Coros 1. DDG/Maj Gen -01 01 Brio -

63 Officers 2. Col -

3. Lt Col -

4. Major .. 56 20 36 -

5. Capt - 06 35 - -

Dental Corps 1. Capt -16 10 06 -

Signal Coros 1. Colonel- 01 01 - -

2. Capt - 18 05 13 -

Mllitarv Police 1. Lt Col -

MS-l 2. Major -

3. Capt -16 03 13 -

Mise Cadre Mai PNR - 3 03 - -

MS-l Mai APS - 08 06 02 -

Capt PNR - 03 02 01 -

Net Deficiency 253

*A.V. Singh Committee means Select Rank of Brigadier 14, Full Colonel 72 of MS-12 andBrigadier I, Full Colonel 12 of MS-16 (Corps of EME).6. Chief of Army Staff will appreciate that by doing this Army crowding in GREF for soft, mostattractive stations in Bikaner, Jodhpur, Suratgarh, Sriganga Nagar, Chandigarh, Pune, Delhi, Pathankot,Tezpur, Shimla, Jammu, Guwahati and inside Bhutan can be stopped and Army will be benefited by325 numbers of Army officers repatriated to the place for which they were recruited and this will improvethe efficiency of BRO by 200% and motivation of GREF to work in remote inhospitable areas at a‘lesser cost and better Engineering inputs.

Cases of Some Bad Examples of Favouritism by Army, which needs to be curbed

Case NO.1

Why should we accept one Brig EME for the job requirement of DDG (TA) in HQ DGBR,

34

which is Maj General vacancy with pay scale PB~4 + GP ~ 10,000/-. We already have CE (E&M)Shri Samarendra Sen at EBW, Tezpur continuously for last seven years. He is senior most andshould be placed .at HQ DGBR as DDG (TA). No other officer of EME can beat experience andseniority of Shri Samarendra Sen. We can save salary of one Brigadier DDG (TA) and two Colonels atEastern Store Division (ESD)·and Western Base Workshop (WBW). We have six Directors of GREFwho are not given Command of ESD and WBW, only to accommodate 02 Colonels of EME, which are nomore required since sufficiently experienced senior Directors/SE (E&M) SG officers are available in BROand they are not being given Command of ESD and WBW in order to favour Corps of EME officers

Case NO.2

In GREF we have only one foreign posting station, Project Dantak in Bhutan, wherereward should go to GREF Officers who have served in Hard Area, High Altitude Area, HardHard Area and Militancy Prone area. Rather than this advantage going to GREF more than 80%posts have been usurped by Army officers. There are 19 Army officers coming for the first timein GREF and only 19 civilian GREF officers posted there. The position is given below:-

FOREIGN ASSIGNMENT

UNT Army Officers G.R.E.F,.Officers

HQ CE(P) Dantak Brig US Dadu JD (Adm) KN Bhatt

Col Sanjay Kumar EE (C) ML Korn

Lt Col Dominique D EE(C) DN Dahat

Lazarus

Maj (Dr) Rajeev Deo EE(M) VR Raju

Capt (Sigs) SP chayal AEE(C) KKR Babu

Lt Col Vijayan C (Postal)

Maj (Dr) Divakar Garg(Dental)

19 BRTF Col K Jaggi SAO KP Chaudhury

Lt Col Anup Gautam EE (C) MSM Naik

Maj Amit Kumar AE (C) Ravindra Singh

Lt Col Vinod Mehta AE (C) Mohanadas

102 RCC Maj SS Babu MOI D Chakraborty

Capt AK Gupta AO PB Wagalgave

Capt Anoop Joshi

60 RCC Lt Col Parikshit Mehra AE (C) GK Risikon

Capt Mahesh Verma AE (M) K Gunasekhar

AE (C) V Boragi

63 RCC Capt Minaz Ahmed EE (C) BRP Ramji

Capt SAR Godse AE (C) RP Uday

Lt Col (Dr) VBShukla AEE (C) RP Uday

AE (M) AK Dixit

AE (C) Gopal Dass

Total - 19 Army Offrs Total - 19 GREF Offrs

.

35

POSTING IN NON-BHUTAN COMPENSATORY AREA IN INDIA

Unit Army Officers GREF Officers

47 BRTF SE(C) DP Sharma

EE(C) Ramendu Sha

AEE(C) NR Chowdhury

SAO Sohan Lal

MO-I T Subramanya

64RCC Maj MC Kondikar AE(C) V Manoharan

Capt Avinash Singh AEE(C) Prabhat Kum’

1056 Fd Wksp EE(M) Gautam Naug

AEE(M) RS Rawat

529 SS&TC Lt Col Saurabh Mishra AO AKV Nair

AAO RR Boro

JD(Admn) TG Manickam

Total - 03 Army Offrs Total - 12 GREF Offrs

FOREIGN ASSIGNMENT (P) DANTAK : ARMY & GREF OFFICERS (BCA)

Category of Offrs Auth Str Held Posted in BCA Percentage

GREF Offrs 1343 901 19 19/901=2.1%

ARMY Offrs 556 325 19 19/325 =5.8%

IN INDIA UNDER (P) DANTAK : ARMY& GREF OFFICERS (Non-SCA)

Category of Offrs Auth Str Held Posted Non-BCA Percentage

GREF Offrs 1343 901 12 12/901=1.3%

ARMY Offrs 556 325 03 03/325 =O.9%

In Non-SCA area only 03 Army officers are required. why 19 Army officers (6 times more thanrequired in India) are placed in attractive BCA area? ‘

GREFofficers & personnel, who serve in inhospitable Hard Area, Hard Hard Area, High AltitudeArea, Militancy Prone Areas of GREF do not get preference.

Chief of Army Staff should investigate the MS-12 and MS-16 SCAM for Creamy Layer assignmentonly for Army. For Foreign posting only fit, healthy staff is posted. Why should we post three Doctors inhealthy environment and deprive I&K, Leh-Ladakh from service of Medical Corps officers.

Secy BRDB is aware that there is much reduced work in Dantak in . spite of that, this work chargedorganization is paying foreign assignment to 19 Army Officers in BCA and only 03 Army officers in Non’-BCA in (P) Dantak. Since nobody is checking, the Scam is prevailing in favour of Army.

Case No.3

Eastern Base Workshop is commanded by Chief Engineer since Jan 2006 and it’s counterpartWestern Base Workshop is commanded by only Colonel. Why should we accept post of Colonelwhen we have 14 experienced Directors/SE {E&M} SG and all GREF Officers are six to seven yearsexperience as SE but have no Command experience of Western Base Workshop and Eastern Store

36

Division. Why should BRDB (MoRT&H) pay salary of Commandant Western Base Workshop andEastern Store Division, when we have our own experienced and much senior. replacement availablefree of cost within GREF and not being utilized to give undue favour to Corps of EME. List of SE (E&M)is enclosed who are deprived of Command Appointment. Since Corps of EME has requested not toprovide Army officers, their proposal is thankfully accepted.

Case No.4

With much reduced workload in (P) Setuk at Shillong, why should we accept Col Sanjeev Baliat HQ CE (P) Setuk, who had already served one etenure each as SO 1 (R) at HQ CE (P) Himank in2001-2003, Commander 45 BRTF in 2003-05 and now again being placed by MS-12 Branch withdirections that he should be made Offg Chief Engineer (P) Setuk in place of existing GREF Offg CEShri KK Razdan and Shri KK Razdan should be moved out elsewhere in a deliberate attempt to facilitateand make Col S. Bali senior to claim CE post, among other junior officers.

Secy BRDB/DGBR are aware that there is very little work load for Setuk with one BRTF andthree RCC and already we are finding difficulty to adjust even GREF strength at HQ Setuk with twoDirectors and now third Director Col S Bali has managed his posting.

His posting should be cancelled immediately. We have no money to waste on Col S Bali. Army shouldutilize his services in a better way elsewhere.

Case No.5

Why should Lt Col Ravi, who wasOC RCC at 94 RCC and did tenure as SO 1 (R) at Setuk(Shillong) rather than going back to Army, again be posted at HQ CE (P) Sampark (Jammu) as SO 1(R). Since SO 1 (R) at (P) Sampark is not posted out Lt Col Ravi is kept as SO 1 (Plg) and shri UCMehta is also there as Director (Plg), thus, over-crowding of officers in a peaceful and most attractivestation at Jammu. Why this officer cannot be absorbed by Army elsewhere?

Similarly, at GREF Centre, Pune, one lady officer Major Charu Sheela is working whereas thisvacancy is essentially meant for GREF Officer who has done his High Altitude Area posting. Thecompassionate ground posting of Lady Officer since her husband is posted with Army at Pune isanother example of usurping post of GREF officer to favour Army.

Case NO.6

Since we require fit officers to command units and BRTF in remote areas why we are crowdingArmy Officers even at peaceful establishments at GREF Centre, Pune, HQ DGBR, New Deihl, Pathankot,Tezpur, Shimla, Shillong by Army Officers. As it is GREF officers are aging and not available for difficultareas, we should accept Army Officers ‘only where we need them on demand basis. Not the other wayround that anybody can go to AHQ/MS-12 and manage plum postings to GREF even in peace and softareas.

Case No.7

The matter of transparency in the selection of Director General Border Roads (DGBR)on loan to GREF needs deliberation. There should be selection’ process out of the eligiblecandidates by a selection committee notified by the Govt. and duly approved by DoPT, UPSCand ACC.

37

For DGBR post no Rules of Recruitment is made and ACC approval also not obtained. NoPanel made of eligible officers by Committee of Secretary Defence, Secretary MoRT&H and ChairmanUPSC. DOPT was also not consulted and DOPT guidelines never followed because MS Branch neverinteracted with Secy BRDB or Chairman UPSC usurping the DGBR post also. The ACC approval isalways obtained for appointing DGMO, E-in-C, DG (AFMS), DG (Ord), DG (Defence Estates), DG(Quality Assurance).

Case No.8

Latest goof up of 01 Jun 2011, Col Gursimrat Singh, Commander 35 BRTF at Udhampur (softstation) was earlier in HQ DGBR at Delhi (Most Attractive Station) as Lt Col and OC RCC in 85 RCC(P) Vartak, has again managed his posting to HQ DGBR, Delhi as Col (Org) in less than 2 years. Corpsof Engineers also requires good officers for posting in .OP works/HQ at Kashmir House. How theofficer is managing his posting in BRO again and again needs irivestigation?

7. The fact that GREF/BRO is a civilian department and only certain percentage of Army officers/personnel are taken on loan initially to run the department is forgotten/ignored now and Corps ofEngineers is usurping all the important positions in the department. For GREF who is required , at whatrank and where is to be deployed etc to be decided by experienced Secretary BRDB, Addl Secy, MoDand independent Army officers, other . than Corps of Engineers.

8. I request you to intervene and curb the hegemony. of MS-12 in running the affairs of GREF/BRO.

Yours faithfully, xxxsdxxx(Dr VK Yadav)Addl DGBR(Transparency Officer)

Copy to:-

Hon’ble Raksha Mantri

Govt. of India104, South Block New Delhi Sir, we should look constantly for reducing the

cost and improve the efficiency.

Hon’ble Raksha Rajya Mantri Modern Governance needs ways to stay

&Chairman BRDB Govt. of India nimble and light.

108-B, South Block New Delhi

Chief Vigilance Commissioner Usurping Civilian vacancies of GREF by Army

-Satarkata Bhavan , A-Block Officers without any check and balances need

GPO Complex , INA New Delhi - 110 023 to be investigated please.

Lt Gen GM Nair, SM, AVSM - For information and necessary action

DG, MS Branch, Sena Bhawan please.

South Block, New Delhi

Dr Subhash Sharma, IAS It is high time, Secy BRDB assumes his

-Secretary BRDB4th Floor, ‘B’ Wing authority against such blatant misuse of

Sena Bhawan, New Delhi – 110011 authority by MS-12/Army.

38

BORDER ROADS DEVELOPMENT BOARD

The BRDB budget is not sufficient to meet the expenditure involved in maintaining the

current level of staff strength in the BRO. At the moment the BRO is executing the GS and Agency

works in 50:50 proportion. This roughly indicates that the present BRDB budget can maintain

only’ half of the staff strength in BRO.

2. I am told that due to operational requirement, 30 nos. of Task Forces and 34 nos. of

Pnr, Coys. are required to be maintained by BRO. In case of war / emergency, the ccmmand of

the staff would be handed over to the Army for their direct control in order to use their services for

supplementing their demands. I have seen no Govt. order in BRDB Sectt. in support of maintarining

the Task Forces and Pnr Coys mentIoned above for operational-requirements. It is proposed to

rationalise the staff strength in BRO. For doing so, it is necessary to obtain the formal Govt

orders on the minimum number of Task Forces and Pnr Coys required to be maintained for

operational requirement of the Army. It is requested that the Govt orders may be communicated

as to the minimum number of Task Forces and the Pnr Coys required to be maintained for

operational requirements. While intimating the Govt. order as above the category wise (i.e. 'A',

'B', 'C', 'D') staff strength ccmprising the minimum number of Task Forces and the Pnr Coys

referred above may also be indicated. The above decision may be taken and communicated in

the light of the current annual budget of the BRDB, the net amount of which for RE 97-98 is

Rs.524.27 crs.

xxxsdxxx

(Santosh Kumar)

Secretary, BRDB

24-3-1998

Min. of Defence (Shri A.K. Jain - JS (G)

BRDB Sectt. ID No. 215/Secy.BRDB/98, dt. 24-3-1998.

39

SUBJECT: ALLOCATION OF BRO RESOURCES DURING OPERATION

1. Reference is invited to MOD ID No. 17 (13) /98/DCUS-V dated 11-02-2000 on the above subject.

2. The issues raised by AHQ in their note dated 14-1-2000 have been re-examined. Comments of

this Sectt are given below :-

(i) It has been stated by AHQ that raising of allocation of BRTF from 17 to 23 has no

connection with the budgetary support. This is not true. The allocation of 23 nos of

BRTF would mean that the budgetary support would have to be increased for the

permanent maintenance of these units. Which is not forthcoming.

(ii) It was stated that the approval to 17 Nos. of BRTFs, to be placed under Army Command,

was based on the suppression of 17 Army Engineer units at the time of raising the

BRO. We have no such information. If it is indeed so, it must have been done as not to

exceed the total financial effect. It means that the allocation of additional 6 Nos. of BRTFs

will require corresponding suppression of 6 Army units. Have the AHQ decided to effect

such suppression?

(iii) In case of outbreak of hostilities, the Army HQRs have the liberty to draft for their

operational requirements as many BRTFs as are available with BRO. This could even

be more than 23 BRTFs.

3. Ministry of Defence are requested to apprise the AHQ accordingly.

x xx Sd xxx

(Deepa Sengar)

Deputy Secretary to the

Govt of India

Shri Prashant Sukul, Director (G), Min. of Defance

BRDB ID No. 04/459/99 Wks dated 13/3/2000.

40


Subject: - Manning policy and inter-disciplinary changes in Border Road Organisation

(General Reserve Engineer Force)

1. Reference our u.o. note of even number dated 9.12.2000

2. The decision reached at various meetings between Secretary, BRDB and Director General

Border Roads during the year 1980 regarding manning policy and inter- disciplinary changes in Border

Roads Organisation have since been approved by the Border Roads Development Board (vide paper

No. IX of minutes of the 1st (81) meeting of the Border Roads Development Board held on 29th May

1981 circulated vide BRDB’s No. F.5 (5)/BRDB/P&C/81 dated 1.8.81. An appendix containing the

aforesaid decisions on the subject mentioned above is sent herewith for information and necessary

action. These decisions may be implemented without delay.

3. A quarterly report on implementation may please be sent to BRDB wef the quarter ending 30 th

September, 1981, so as to reach the BRDB by the 20th day of the succeeding the quarter.

xxx Sd xxx

A.S. Murthy)

Deputy Secretary

Dte GBR (Brig B.P. Bhandari, D & V)

BRDB No. F.85 (7)/1964-Rectt dated 27-8-1981.

41

(Refer Case No.3)

Following appointments in GREF/BRO reserved only for Colonels of Army with the result following

GREF officers have never been considered for command appointment in spite of rich experience and

seniroty-

(a) Commandant Western Base Workshop (WBW) at Pathankot.

(b) Commandant Eastern Store Division (ESD) at Tezpur,

LIST OF SE (E&M) OFFICERS OF GREF/BRO

S/No Rank & Name Date of Remarks

Seniority

1. SE(E&M) FS, VN Singh 09.11.04 Completed Command

WSD.

2. SE(E&M) FS, Hari Prakash 17.11.04 -do-

3. SE(E&M) FS, YP Mishra 24.05.06 -do-

4. SE(E&M) FS, MOHD ANSARI 30.05.06

5. SE(E&M) FS S[ GPIMD 13.04.07

6. SE(E&M) FS, RB KAMAL 13.04.07

7. SE(E&M) FS, JITENDER KUMAR 21.07.07

8. SE(E&M), VIRENDRA KUMAR 18.08.06

9. SE(E&M), SUNIL KUMAR SINHA 28.10.06

10. SE(E&M), NK KARDAM 29.07.09

11. SE(E&M); RAJESH KUMAR 02.07.09

12. SE(E&M) FS, PR RAY 18.8.09

13. SE(E&M), PANKAJ BHATNAGAR 17.07.09

14. SEfE&M), JB SINGH 17.07.09

42

Headquarters


Seema Sadak Bhawan


New Delhi-110 010

71017/DGBR/’YtDG Sectt 07 Jun 2011

Shri Subhash Sharma, lAS

Secretary, BRDB

Ex-officio Sectt MORT&H

4th Floor, ‘B’ Wing

Sena Bhawan, New Delhi - 110011

SUB: ENHANCING ACCOUNTABILITY OF BRO CHIEF ENGINEERS:ISSUE RAISED BY DGMO (MO-4) IHQ OF MOD (ARMY) REPLY THEREOF

Sir,

1. Refer your Secretariat letter No. BRDB/14/252/2009/GE-1 dated Nil May, 2011.

The issue raised by DGMO(MO-4), vide his letter No. A/40001/MO-4 dated 28.09.2010 is because of

ignorance of DGMO(MO-4) about the nature and functioning of this elite Organisation. BR Regulations

Para 5 (d) says “Personnel of Defence Services taken on loan” and terms and conditions for

officers coming on loan are decided by borrowing department i.e BRDB. Refer Govt. of India, MoD

letter No. 4115/58/99/S/D (MS) dated 25 Feb 1970 (copy enclosed).

2. GREF was· raised in 1960 under Border Roads Development Board (Not under Army or MoD)

is a self contained authority having financial and administrative power of Govt of India. The secretariat

of the Board has ex-officio Secretariat status in the erstwhile Ministry of shipping & Road Transport

now Ministry of Road transport and Highways (MoRT&H). The Secretary, BRDB is of the rank of Joint

Secretary to the Govt. of India.

3. The purpose of raising Border Roads Development Board is to develop road communication

along the North and North-Eastern border areas for economic development and the Board has not

been empowered to plan and discuss defence preparedness or undertake Armed operation along or

across the international borders.

Director General Border Roads (DGBR) is a technical advisor for the sanctioned projects. DG

Border Roads has not been given any military responsibility and person holding DGBR post has to

work under the overall command and control of the Border Roads Development Board. DGBR is not

authorized or empowered to make any changes in the service terms and condition of GREF employees

nor to follow instructions from COAS or any other authority other than BRDB, in execution of sanctioned

projects.

Similarly, Chief Engineers are responsible for planning, estimating and economical execution

of the sanctioned projects and are to work under the overall control of DG Border Roads. BRDB is also

given responsibilities of making roads for NE, DONER, Ministry of Home Affairs, MEA and Ministry of

43

Road Transport & Highways.

Nowhere it is mentioned that, COAS, DGMO(MO-4) of IHQ of MoO (Army) will be involved in

project monitoring or they will exercise any command and control over any constituents of the

Organisation i.e. BRDB, Dte GBR or Chief Engineer Project.

4. DoPT is the Nodal agency to formulate personnel policy including recruitment, promotion and

appointment to all Border Roads employees. The Channel of ACR (now APAR) in respect of each and

every affected official, serving in a particular Organizational setup, is well laid down and IO and RO are

decided based on the channel of reporting of the officer and not according to the convenience or

influence of any outside agency or department or Ministry funding a particular project to be executed.

It is also a fact that the ACR/APAR of all officer of GREF have to be initiated as per the DoPT

guidelines, including Army officers occupying various posts of Border Roads Organisation in accordance

to Para 13 of the Govt. of India, MoD letter No. 4115/58/9~/S/O (MS) dated 25 Feb 1970, the content of

which are quoted as under:-

“The officer will be under the administrative and functional control of the competent authority of

borrowing department etc. He will, however be subject to the service Acts and rules made under the

Army Act for disciplinary purpose only. Annual Confidential Report on the officer will be rendered in the

prescribed form every year by the said authority and forwarded directly to the service HQ concerned”.

Therefore, Border Roads Development Board should have channelised the ACR of all the Defence

Forces Officers on loan to BRO (Refer BR Regulations Para 5), as mentioned in above referred letter

of MoD, which has the Presidential sanction. Nowhere in MoD letter, it is stated that the ACR of the

Defence Services officers, borrowed by BRDB, will be initiated by the Army formation commanders.

ACR of DGBR is also reguired to be initiated by Addl Secretary Defence and RO will be

Defence Secretary and not the COAS. Even the Project Chief Engineers commanded by

Brigadiers cannot get ACRs initiated through Army Commander. There cannot be two sets of

rules for Army and GREF officers and the decision of BRDB will be binding on DGBR and

Chief Engineer Brigadiers commanding GREF Projects.

5. Sectt BRDB is requested to initiate action to investigate the matter as to how an officer of Maj

Gen Rank, working as DG MO of MoD, IHQ (Army) has issued such a letter regarding initiation of ACR/

APAR, without consulting Secy BRDB, and making guidelines for IO/RO for BRO Chief Engineers,

knowing fully that BRO is not under IHQ of MoD (Army) or DG BRO is not Principal Staff Officer to

COAS. DGBR is working under the overall administrative control of Govt. of India, Border Roads

Development Board, Ministry of Road Transport and Highways.

Yours faithfully xxxsdxxx(Dr VK Yadav)AddlDGBR

Encl : As aboveCopy to:-DGBR

44

No.4 (15) 58/99/S/D 9MS)

Government of India

Ministry of Defence

New Delhi, dated the 25th February 1970

To,

The chief of the Army staff

The chief of the Naval staff

The chief of the AIR Staff

Subject: - DEPUTATION OF SERVICE OFFICERS FOR CIVIL APPOINTMENTUNDER CENTRAL / STATE GOVERNNMENT AND PUBLIC SECTORUNDERTAKINGS - PROCEDURE AND TERMS AND CONDITIONS

Sir,

I am directed to convey the sanction of the president to the procedure laid down in

Annexure I and the terms and conditions as laid down in Annexume II and III to this letter in respect

of Service Officers deputed to civil appointments under central and state government and public

sector under takings.

2. This Ministry’s letter No. 4 (15)/58/4483/D (MS) dated the 23rd December 1959, as amended

from time to time is hereby cancelled.

3. The Ministry of Defence will be competent to sanction the deputation on the terms and conditions

laid down. Any relaxation of these terms and conditions will, however, require the prior concurrence of

the Ministry of Finance (Defence)

4. This issues with the concurrence of the Ministry of Finance (Defence) vide their letter No. 15-S/

PA of 1970.

Yours faithfully,

xxxsdxxx

(S KOTESHWARAN)

Under Secretary to the Govt. of India

Copy to:-

All concerned.

45

ANNEXURE I TO GOVERNMENT OF INDIA MINISTRY OF DEFENCE LETTER NO 4 (15)/58/99/S/D (MS) DATED 25th FEB 1970

PROCEDURE TO BE FOLLOWED IN REGARD TO THE LOAN OF SERVICE OFFICERS FOR CIVIL APPOINTMENTS

1. The request for securing the services of officers of the Armed Forces should be addressed tothe secretary to the Government of India Ministry of Defence, New Delhi.

2. The request should contain full details of the appointment, qualification required, civil scale ofpay and allowances, if any, and the place of duty. The period for which services of the officers(s) arerequired should also be clearly stated. On receipt of the job requirements, a panel of names of suitableofficers of the Armed Forced will be forwarded by the Ministry of Defence to the authorities concernedto enable the latter to select the best available officers. Requests for services of officers by nameshould not be made and when made will not be entertained.

3. A service officer temporarily transferred to civil employ draws the services rate of pay to whichhe may be entitled from time to time under the pay code of the Armed Forces unless he elects to drawpay in prescribed civil scale at the time of transfer. The option once exercised holds good so long as heremains in temporary civil employ. "The terms relating to leave, accommodation, travelling allowancesetc are usually determined with reference to the nature of pay ie Service or civil rates, which the officerelects to draw. The details of the terms when proceedings on (i) Service rates or (ii) civil rates of payare set out in the accompanying Annexure II and III respectively. Concessions such as free board andlodging etc are not admissible to service officers who elect service rates of pay as these do not formpart of Defence Pay Code. In cases where these concession are allowed, the pay of such officersshould be restricted to civil rates of pay.

4. As soon as officer joins duty in the civil appointments, the date of joining should be communicatedto the Ministry of Defence. It should be noted that the deputation commences from the date the officeris struck off strength of his last appointment in the Armed Forces and will terminate on the datepreceding that on which the officer actually reports for duty in the Armed Forces.

5. The Armed Forces Headquarters will endorse a copy of the posting orders of the officers to theController of Defence Accounts concerned ie the Controller of Defence Accounts (O), Poona in thecase of Army officers, the Controller of Defecne Accounts (Navy) BOMBAY in the case of Naval officersand Controller of Defence Accounts (Air Force) DEHRA DUN with a copy to Air Force Central Accountsofficer in the case of Air Forces Officers , the account authorities will then immediately issue theofficer’s last pay certificate containing particulars of pay etc to the Accountant General concerned orAccounts of the Public Undertaking, as the case may be, and also intimate to them the date on whichthe officer handed over charge in his last appointment in the Armed Forces.

6. On issue of the last pay certificate the Accountant General controller or the Accounts officer ofthe Public Undertaking as the case may be, should commence paying the officer provisionally at Servicesrates of pay and allowances Indicated therein, pending the finalization of detailed terms and conditionsof service

7. The Ministry of Defence will arrange to issue a Gazette Notification placing the services of theofficer at the disposal of the borrowing Government as soon as the officer is struck off strength of hisunit. They will also issue a Government of India Notification embodying the terms and conditions ofdeputations as finally agreed to between the borrowing authority and the Ministry of Defence.

8. Irrespective of the facts whether the deputations is on civil or service rates of pay it will count asreckonable services for the purposes of the following benefit under the rules applicable to the ArmedForces:-

In the case of officers, the service on deputation will count for seniority and for substantive

46

promotion by time scale. It will also count for the purpose of substantive promotion by selection unlessotherwise decided by the Government; It will also count towards the length of service required forincrement of pay. In the, case of an officer holding acting rank, the service rendered on deputation willcount for increments of pay in that rank provided it is certified by the competent authority but fordeputation he would have to retain that rank. The officers will not be on titled promotion to higher rankduring the period of deputation except under Government order.

9. The Public Undertakings or the Government servant as the case may be, shall pay leave salaryand pension contributions within 15 days from the end of the month in which the pay on which it isbased has been drawn by the Govt Servant concerned otherwise penal interest will be charged as perrates laid sown in S.R 307. A decision will be taken before the officer is sent on deputation whether thepensionary contribution will be paid by the borrowing authority or the officer himself.

10. when an officer’s tenure of service is likely to be over intimation should be sent to this Ministryat least 4½ months in advance in case of deputation in INDIA and about six months in advance in casesof deputation abroad, to facilitate the issue of this posting orders. Ministry of Defence should also beinformed whether a relief for the officer is required and if so what the terms and conditions of deputationfor the relieving officer will be . In case no information is received in advance as desired above, norequest for extension of deputation will be considered by this Ministry except in a very special case.

11. The officers on deputation in civil employ irrespective of the fact whether they are entitled tomedical entitlement under civil rules or military rules, would receive medical treatment in civil hospitalsand form civil doctors. They may also receive treatment in service hospitals under the provisions ofAppendix 32 RMS (I) (copy attached) to the conditions that-

a) the patients authorized civil medical attendant certified in writing that admissible to aMilitary Hospital is necessary and adequate arrangements cannot be made for treatmentin the civil hospitals

b) the OC hospital certifies in writing that accommodation can be made available with dueregard to the requirements of the Armed Forces.

12. An officer who is a member of the Army/Navy/Air Force officer’s contributory Education FundScheme shall, during the period of deputation, continue to contribute to the respective fund, in accordancewith the relevant rules. The subscription which will be recovered from the officer at source, along withmatching Government contribution, whenever applicable to be paid by the borrowing civil employers,will be sent quarterly by & crossed cheque payable to the Secretary of the respective education Fund.

13 The officer will be under the Administrative and functional control of the competent authority ofborrowing department etc. He will, however, be subject to the Service Acts and rules made there underfor disciplinary purposes. Annual Confidential Reports on the officer will be rendered in the prescribedform every year by the said authority and forwarded directly to the service Headquarter concerned.

14. The incidence of transit pay and allowances and transfer travelling allowance of a serviceofficer who proceeds on transfer from one foreign employee to another without reverting to Army/Navy/Air Force will be borned by the foreign employer to who the service officer proceed on transfer.

15. As soon as the officer on deputation rejoins duty in the armed forces, the Ministry of Defencewill indicate the date of joining to the borrowing authorities who will then issue a formal Gazette Notificationreplacing the services of the officer at the disposal of the ministry of defence with effect from that dateie date on which the officer has joined his unit. Two copies of that notification would be sent to theMinistry of Defence and a copy thereof endorsed to the Controller of Defence Accounts concerned.Last pay certificates of the officer concerned will also be issued to the CDA (O), POONA, CDA (Navy),BOMBAY with a copy to Naval Pay officer or CDA (AF), DEHRA DUN with a copy to AFCAO, as the casemay be.

47

Headquarters


Seema Sadak Bhawan


New Delhi-110 010

1451/VKY/DGBR/ADG Sectt 08 Jun 2011

Shri Pradeep Kumar, IAS

Defence Secretary

101, South Block

New Delhi-110001

SUB: DISTORTION OF APPROVAL OF CABINET COMMITTEE ON SECURITYON RESTRUCTURING OF BORDER ROADS ORGANISATION

Sir,

1. Sectt BRDB issued Govt. sanction on restructuring of Border Roads Organisation vide letter

No. F. BRDB/06/118/2005-GE-I dated 20 Dec 2006 distorting the CCS Note of approval and inserted

details of recommendation at Para 6.3, Page 7 of 53 (Annexure XI, XIA – XID) - “Details of

Manpower authorized for units/formations in the revamped Organisation at Appendix ‘A’”.

This was never approved by Cabinet Committee on Security.

In this context reference is invited to Cabinet Secretariat letter No CCS/17/2006(iii) dated 06

Sep 2006 regarding restoration of manpower and restructuring of Border Roads Organisation. The

Cabinet Committee on Security in its meeting on 02 Sep 2006 considered the Note dated 11 Aug 2006

and approved the proposal contained at Paragraph 9 reproduced below:-

“Paragraph 9 – Approval Required

The following proposals are submitted for approval:-

(a) Authorizing a strength of 42,646 personnel to the BRO in accordance with the

manpower strength level of 2002 along with restructuring of the Organisation in terms of

Para 6.4 above. (Para 6.4 is at Page 8 of 53 – Annexure XII to XVIII).

(b) Permitting BRO to induct 5701 personnel in a phased manner over three years

period commencing from the year 2006-07 with an overall ceiling of 42646 in terms of

Para 6.1 above.

(c) Exemption of BRO from the rule requiring surrendering two thirds of the Direct

Recruitment vacancies.”

48

2. Based on the CCS approval, total Posts sanctioned in different categories are as under:-

Group Permanent strength approved by CCS/17/2006

A 1536

B 2081

C 23180

D 15849

Total 42646

3. The distortion of CCS Note is a serious aberration on the part of Sectt BRDB and needs

investigation to ascertain the circumstances that forced them to indulge in such malpractices.

4. You are, therefore requested to investigate as to how Sectt BRDB distorted the actual CCS

Note of approval and take necessary action to rectify and restore the sanction letter indicating factual

position as approved by CCS at Paras 6.1 (Annexure IX) and 6.4 (Annexure XII to XVIII) and delete the

unapproved details of Para 6.3 - “Details of Manpower authorized for units/formations in the

revamed Organisation at Appendix ‘A’”.

Yours faithfully,

xxxsdxxx

(Dr VK Yadav)

Addl DGBR

(Transparency Officer)

Hon’ble Raksha Mantri Sir, please ensure GREF (BRO) is saved from

Govt. of India104, South Block, New Delhi such distortions/malpractices.

Hon’ble Raksha Rajya Mantri

& Chairman BRDB Govt. of India,108-B,


Cabinet Secretary Sir, for information and taking necessary

-Govt. of IndiaNew Delhi action to restore transparency in running

the affairs of Border Roads Organisation

please.

Chief Vigilance CommissionerChief Vigilance CommissionerChief Vigilance CommissionerChief Vigilance CommissionerChief Vigilance Commissioner Please investigate the distortions/

Satarkata Bhavan , A-Block malpractices and bring out the facts to

GPO Complex, INA New Delhi - 110 023 ensure justice and fairplay in BRO.

49

Government of India

Ministry of Shipping Road Transport to Highways


‘B’ Wing 4th Floor

Sena Bhawan, New Delhi-110011

Dated 20th December 2006

No.F.BRDB/06/118/2005-GE-I

To.

The Director General Border Roads

Seema Sadak Bhawan

Ring Road Delhi Cantt

New Delhi-10

Subject:- Sanction of posts in Border Roads Organization

Sir,

Consequent upon approval accorded by the Cabinet Committee on Secretary Authorizing a

strength of 42646 personnel to he Border Roads Organization in accordance with the manpower

strengthen level on 2002, along with restructuring of the organization and in suppression of all the

earlier issued in this regard, I am directed to convey the sanction of the President of India for restructuring

of the Organization and restoring the strength in the Border Roads Organization to 42646, as an upper

ceiling Details of manpower authorized for units/formations in the revamped Organization are indicated

in Appendix ‘A’

2. Sanction for inducting 5701 personnel in a phased manner is also accorded. The three year

manpower induction plan beginning from current financial year will be as indicated in appendix ‘B’

3. Sanction for exempting the Border Roads Organization from the ambit of guidelines issued

vide Department of Personnel & Training, Office Memorandum Nos 2/8//2011-P1 dated 16th May 2001

and dated 6th/18th June 2002 is also hereby accorded.

4. The expenditure involved will be debited to (i) Major Head 3451, Demand No.85 Revenue (ii)

Major Head 5054 030053 Capital Quality on Road & Bridges Sun Major Head Strategic and Border

Roads Major Head (i) 337 Roads Works 03 Works under BRDB. 03:00.53- Major Works Ground

Establishment.

5. This issues with the concurrence of Ministry of Defence (fin/BR) vide their ID No. 1(3)/BRS/

2006(2308/06) dated 14th Dec 2006. Apporimately Rs.650 crore per annum will be needed. This will

enable BRO achieve the schedule of probable dates of completion of the programmes.

50

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51

6. On completion of above three road progrmmes by 2012, the balance GS and MOSRT&H workload

will be approximately Rs. 34.000 crore, including works worth Rs. 12600 crore Currently in the pipeline.

With the Rs.1800 crore restructured capability of BRO, even in the most unlikely even demit no additional

workload is entrusted to BRO, the balance works will sustain the organization for approximately 20

more years beyond 2012.

Proposal

6.12 It is proposed to restore the manpower of the organization to the level existing in 2002, which

were 42646 To this it is proposed to restore the 5701 posts, which have been abolished over the years

from 2002 to 2004. This will allow reservation of the manpower to 42,646, which will serve as an upper

ceiling for the organization. This will allow the BRO to induct manpower to this limit. Induction will be in

a phased manner over three years as depleted in Annexure IX.

6.2 The Organisation will be restructured in a manner so as to optimize its productivity this will be

effected through more stringent supervisory controls, augmented by induction of state-of-the-art

equipment and technology in the road construction sector. Details of the Organisation structure of

BRO is at Annexure ‘XI. As has already been stated the min output capability of the BRO is Rs.1000

crore against which they are currently able to execute works up to Rs1350 crore. This capacity will be

enhanced to Rs 1800 crore ber annum by induction of modern technology and restructuring the work

frame of organization. This is subsequent to based through adjusting the trade structure within functional

units providing for dedicated manpower for Quality Urance, Research Development (R&D) and Training.

6.3. Various increases/decreases of manpower within the units, which is part of the strength has been

explained and cross-linked in the concerned Annexure. A summary of the same is given at Annexure XI,

XI A to XI D

Implementation

7.1 The augmentation of the manpower would be spread over 3 years. The details of the expected

wastages and induction Group A,B,C and D levels have been worked out at Annexure IX. TO keep

abreast with the restructuring of manpower, modern construction equipment will be procured in a

suitably phased manner to tie in with the restructuring exercise. This will be in accordance with a

perspective procumbent plan, which will be drawn up in neeordanee with work needs. The funds for

such procurements will be met out of the works/agency budget of BRO

8. Financial Implications

8.1 A recurring expenditure of Rs.97 crore per annum for the manpower component after complete

restoration as calculated in Annexure XIX is envisaged. This liability will however be absorbed within the

jobs executed by BRO.

The BRO is a work charged organization in which expenditure is accounted toward the cost of the

work. Pay and

52

allowances of the individuals of all functional units are a part of the cost of works executed and are not

an additional liability outside the scope of work. The impact of the increase in expenditure would get

distributed over the plan and Non-Plan Budget of the Ministry of Shipping, Road Transport & Highways

and the budgets of the departments entrusting agency work to BRO. The equipment component of the

restructuring will be absorbed within-the regular budget of BRO and the funds provided by the agencies

concerned

8.2 The Ministry of Finance has examined and concerned with the proposal and has granted in principle

approval to create 5701 posts which is exactly equal to the number of posts surrendered by BRO

between 2002 and 2004. As these posts cannot obviously be filled in one year, BRO has been requested

io five a three year programme to fill it has been emphasized that for the year 2005 and future years,

BRO should nor come of the Ministry of Finance to sanction fresh posts in lieu of posts surrendered to

Government an seek in dispensation from cabinet for exemption from the rule requiring them to surrender

two thirds of the Direct Recruitments vacancies (Annexure XX).

9. Approvals required

The following proposals are submitted for approval:

(a) Authorizing a strength of 42,646 personnel to the BRO in accordance with the manpower

strength level of 2002 along with the restructuring of the organization in terms of Para

6.4 above.

(b) Permitting BRO induct 5701 personnel in a phased manner over a three year period

commencing from the year 2006-07, with an overall ceiling of 42,646 in terms of Para

6.1 above

(c) Exemption of BRO from the rule requiring surrendering two-thirds of the Direct

Recruitment vacancies.

11. The implementation Schedule is at Appendix.

12. The proposal has the approval of Raksha Mantri and Vitta Mantri.

xxx Sd xxx

(Sekhar Dutt)

Defence Secretary

53

Appendix

Ministry of Defence


(Implementation Schedule)

Subject- Restructuring of Manpower and Resources of theBorder Roads Organisation

Sr List of decision required Project Time-frame and

No benefits/results manner of

implementation

/reporting to

cabinet secretariat

1. (a) Authorizing a strength of Revamping and The implementation

42646 personnel to the BRO in accordance restructuring will make will be completed in a

with the manpower strength level of 2002 the organization modular time frame of three

along with the restructuring of the organization and more effective. years from the date of

in terms of Para 6.4 The productivity and approval by the

capability would go up to Cabinet

(b) Permitting BRO to induct 5701 personnel Rs.1800 crore from the Committee on

in a phased manner over a three year period present capacity Rs Security

commencing from the year 2006-07, with an 1000 crore per annum

overall ceiling of 42,646 in terms of Para 6.1

(c) Exemption from the rule requiring

sundering two-thirds of the Direct

Recruitment vacancies.

xx sd xx(Shekhar Datt)Defence Secretary)

54

Headquarters


Seema Sadak Bhawan


New Delhi-110 010

71011/DGBR/ADG Sectt 10 Oct 2011

Chief of the Army Staff

South Block

New Delhi

MANNING POLICY OF BORDER ROADS ORGANISATION

Sir,

Manpower is a very important resource which cannot be created overnight and Army has spent

lot of money and effort in grooming and training their officers and personnel. So many of them with

connections in higher up are deliberately avoiding field duties and managing postings continuously in

GREF, MES and DRDO.

We have so many examples where Corps of Engineer Officers managed to come on posting

as Captain Platoon Commander and continued as Major as OC RCC, Colonel as Commander Task

Force, Brigadier as Chief Engineer Project and then Brigadier as Deputy Director General and Maj

Gen/Lt Gen as DG in BRO and finally retired from BRO.

In particular, officers of (MS-12) Branch, Colonel (MS) are invariably coming to BRO. The very

purpose of recruiting officers into Army is defeated by such elements in Army. By weakening Army we

will not be gaining anything if their officers and personnel are placed in GREF/BRO. The Engineer

Cadre of GREF was made Organised Group ‘A’ Central Civil Service in the year 1977 and the service

is known as Border Roads Engineer Services (BRES) and recruitment of them is conducted by UPSC.

The ceiling of 246 service officers and 1606 Army personnel in GREF, totaling 1852 was imposed

on 03 jun 1975· in a meeting attended by Secretary BRDB, JS(G) MoD and offg E-in-C and DGBR.

During those days, the Border Roads Organisation was a temporary department, now it has become

permanent since 1977.

Presently we are holding 852 GREF officers and 35699 subordinate staff. The GREF officers

are capable of handling the affairs of road construction activities without taking loan officer from Army.

Today, in spite of being a permanent and organized service since 1977, 556 officers vacancies

are earmarked/blocked by Army in GREF. Army could provide only 330 Officers and 2747 Anny personnel.

This increase from III 246 to 556 of Army officers will be 126% increase than the ceiling of 246 . Army

officers. As per rules and DOPT guidelines once the cadre is organized no civilian vacancy can be

earmarked for Defence personnel, even if it is under the administrative control of Ministry of Defence.

There is no Govt. letter issued by DoPT which specifies the manning policy of how many Army

officers will continue to come to GREF as on loan.

55

Malice Of E-In-C & DGBR

Corps of Engineers is usurping GREF vacancies to increase their officers. on loan in higher

posts without the approval of Chief of the Army Staff and Secretary, Border Road Development Board,

Adjutant’s Branch and JS(G) MoD who are the cadre controlling authority of Army in a civilian Organisation

like GREF, under Ministry of Road Transport and Highways.

Whenever Chief of the Army Staff wants to fill up the deficiencies in other Arms in Field Units, for

which Corps of Engineers officers are recruited, Engineers Branch (MS-12) first fills up the lucrative

posts in GREF, DRDO, MES, and soft postings. Then the requirement of COAS is not accepted by E-

in-C Branch stating that there is shortage of Engineer Officers for posting to other Arms in Field Units.

The trust deficit of DGBR within GREF acting as an agent of importing Corps of Engineer officers

needs to be addressed.

Combatant Vs Civilian Ratio

Since employment of Civilians is a less costly proposition than that of Combatants, there is a

clear case for exploring the possibility of civilianization of posts in static, rear and administrative support

organizations and workshops.

As a governing principle, pay commissions suggested wherever the existing combatant-civilian

ratio is 80 ~ 20 it should be reduced to 50 : 50 and where it is 30 : 70, it should be 20 : 80 and where the

civilian component is 100%, the status quo should be maintained. (Page 282- Part II Public Services

Management Optimization Defence Service enclosed).

Contrary to this, the presence of military personnel in GREF is on the increase from 1685 in the

year 1985 to 3077 in the year 2011 because Adjutant’s Branch and J5(G) in MoD have been bye-

passed with malice, in absence of a regulator to monitor the civilian vacancies of GREF should not be

usurped.

Logically since 1977 recruitment through Border Roads Engineering Services (BRES)

commenced by UPSC, over the years the strength of officers in GREF kept on increasing in number

and exposure of their experience. Army officers on loan should have gradually been reduced as per

AG’s Branch which is against the exposure of Army to Civilian environment. In the 5th and 6th CPCs

progressive civilianization of BRO was recommended, but it never implemented due to Corps of

Engineers usurping GREF vacancies.

Financial Effect

This shows that the manning policy kept on changing without approval of DoPT, UPSC, in

absence of a regulator, from 4% of Army personnel to 8% in today’s scenario, making. the organization

very costly because Army Officers and Personnel while posted to BRO continue to draw their pay and

allowances including Military Service Pay and other perks but are paid out of jobs of GREF and not

from Ministry of Defence. Service personnel should not be more than 4% as per the Cost Control

Estimates Committee of 15 Jul 1985 because permanent cadre is available for Border Roads

Organisation.

Directorate General Resettlement of Ex-Servicemen

In the year 2005, DGBR Lt Gen KS Rao approached DG, Resettlement to fill up the vacancies

56

of GREF personnel by recruiting ex-servicemen. The case was turned down because more than 10%

of Army personnel cannot be absorbed in civilian organization. The holding of service personnel In

GREF was already greater than 10%. Not a single ex-servicemen was recruited.

Manning Policy

At the time of raising GREF in 1960, certain Army units and a good number of service personnel

were inducted into GREF. However, due to sudden expansion of the Army after the Chinese Operations

in 1962 the Army Units were reverted to their normal role in the Army and the content of Service

personnel in GREF units was also reduced gradually due to the increased requirement in the Services

due to the Pakistan Operations in 1965 and 1971.

With the reduction in the strength of service personnel in GREF and also to provide some

opportunities. of promotion for GREF employees a formal manning policy was agreed upon, in a meeting

attended by Secretary BRDB, JS (G) Min of Defence, Officiating Engineer-in-Chief Army HQ and DGBR

on 03 jun 1975 as under (None of the GREF officer was present to take care of GREF civilians).-

(a) 20% of the posts of CEs should be manned by GREF Officers and 80% by Service

Officers i.e. out of 16 vacancies, 1 GREF Chief Engineer (Project Pushpak) and 15 Brigadiers

as Chief Engineers.

(b) 50% of posts of SEs should be held by GREF Officers and 50% by Service Officers.

(c) 58% EEs should be GREF Officers and 42% Service Officers.

(d) The total number of Service Officers including those at (a), (b) &

above, medical and administrative/stores officers should be 246 Nos.

(e) The total number of service personnel in the subordinate cadre should be 1606 Nos

which worked out to about 4% to 5% of the total subordinate strength of GREF.

Comments of Adjutant General’s Branch

Keeping in view of the apprehensions expressed by Adjutant General in the meeting on 03rd Apr

1980 that having large number of Army personnel exposed to civilian atmosphere has its own drawbacks

and constraints on availability of service officers/personnel for posting to GREF Units, the likely effect of

large scale militarization on the promotion prospects of GREF personnel, non-availability of adequate

AEEs from UPSC and vacancies in other ranks due to reserved quota, the following suggestions are

made:-

(a) 50% of CEs posts l.e. out of 16 vacancies, 08 GREF Chief Engineers and 08 Brigadiers,

thereby presence of Brigadiers post was reduced from 15 Nos to 08 Nos, 50% SEs posts and

40% of EEs/COls/MOls posts should be held by service officers.

(b) 10% of AEEs/AE/CO III/MO “ posts should be held by Capt/Lt. In addition, the vacancies

arising due to non-availability of AEEs through UPSC should be held by Capts till these are filled

by UPSC candidates.

Further BRDS Sectt vide Order No. F.96(l)/BRDB/90-Estt dated 29 Oct 1990 made 09 posts for GREF

Chief Engineer and 09 posts of Brigadier Chief Engineer.

Re-structuring of GREF in 2006

The Cabinet Committee on Security (CCS) in Dec 2006 has sanctioned 42646 manpower for GREF,

57

which consists of 1536 Group ‘A’ officers, 2081 Group ‘B’ officers and 39029 Group ‘C’ Staff.

Due to Cadre Review and Re-structuring, whenever the number of posts of GREF officers is

increased, proportionate increase 50 : 50 in the number of Army Officers (Corps oofoEngineers) is

also made, with malice. Number of Brigadiers was increased from 09 to 14.

Appointments Tenable by Army Officers Tenable by BRES Officers

Director General 100% -

Add!. Director General - 100%

CE/Maj General 50% (14 Brigadiers*) 50% (14 GREF CEs)

S.E. (SG)/Colonel 55% 45%

S.E./Lt. Colonel 55% 45%

E.E./Major 35% 65%

A.E.E./Captain 20% 80%

A.E/Lieutenant - 100%

*The contention of Adjutant General’s Branch was to reduce the outflow of Army to

GREF. Whereas, this has jeopardized the ceiling of 246 Army officers imposed in 1980

to the extent of 556 officers’ vacancies blocked by Army in 2006.

All these manning policies were enforced in GREF in absence of GREF officers’ representative, favouring

service officers and jeopardizing the ceiling of 4% service personnel in GREF.

Against 42646 personnel, present holding of GREF personnel is 33827 and 3077 Defence service

personnel on loan i.e. Total 36904. Total deficiency is 5742. Total strength of GREF consists of 92%

GREF employees and 8% personnel of Defence services taken on loan.

OFFICERS SUBORDINATE STAFF

sanctioned Holding Deficiency Sanctioned Holding Deficiency

GREF 3617 875 2742 39029 32952 6077

ARMY 0 330 0 0 2747 0

Total 3617 1205 2412 39029 35699 3330

GREF requires Platoon Commander Captains and Assistant Executive Engineers for field jobs.

Army is filling up the post of Chief Engineer and Superintending Engineers by Brigadiers and Colonels,

which does’nt serve the purpose.

Brigadiers cannot occupy Major General vacancy as Chief Engineer

Only 23 numbers of Major Generals are authorized in Corps of Engineers. Major General is a

promotion post from Brigadier. The vacancy of the Chief Engineer is to be filled up by Major General

only after the approval of Appointments Committee of cabinet (ACC).In Border Roads Organization, 10

vacancies of Chief Engineers in the rank of Major General have also been usurped by Brigadiers of

Corps of Engineers~ thereby holding 23 + 10 = 33 posts of Major Generals posts.Financial powers are

vested with the post of Chief Engineer, which cannot be delegated/diluted to lower rank of Brigadier,

without approval of Appointment Committee of Cabinet.

58

This is major financial goof-up, which needs to be approved by Parliament that a Brigadier can

use the power of Major General in BRO. In E-in-C Branch, Brigadier is holding Addl Chief Engineer post

and in BRO there is no post of Addl Chief Engineer.

Re-structuring of Army in 2004

The Armed Forces got their re-structuring through Shri AV Singh Committee Ex-Defence

Secretary and nowhere these loaned personnel 330 + 2747 = 3077 coming to GREF have been

reflected. Therefore, 3077 personnel are deficient in Army and also GREF’ is not allowed to recruit

3077 personnel from the market, thereby Army is making propaganda that people are not joining GREF

or leaving GREF irrespective of 875 officers and 32952 personnel who are running the show in the

most remote areas of the country for the last 51 years.

Officers are also not joining even in Army. Therefore, Army cannot fulfill manpower requirement

of GREF andCCS recommendations of 2006 to fill up these vacancies 1024 + 7795 = 8819 in three

years could not be implemented till 2011 and will never be implemented due to double deficiency being

kept by Army in Corps of Engineers as well as usurping vacancies of 554 officers and 2999 personnel

= 3553 against their capacity to provide only 330 officers and 2747 personnel = 3077 i.e. 3553 - 3077 =

476 officers/personnel can never be filled up neither by GREF nor by Army for the last 50 years.

Shortage of Army Officers in GREF

Corps of Engineers has blocked certain vacancies in GREF suo-motto without approval of

DoPT, UPSC, Adjutant Branch and JS(G). E-in-C and DGBR, both are Lt Generals of Corps of Engineers

and “no GREF officer has been allowed to participate in the discussion.

Group ‘A’ Post Blocked Vacancy Held Deficiency

Civil Engineers 290 187 103 (35%)

E&M Engineers 84 31 53 (63%)

Administrative 54 21 33 (61%)

cadre

Medical Cadre 79 66 13 (16%)

Miscellaneous 49 20 29 (60%)

cadre

Total 556 325 231 (41%)

Since Army officers are deficient and new recruits are not joining Army these vacancies 556 -

325 =231 are also not being allowed to be filled up by GREF nor their recruitment is allowed with the

result we are not able to construct the strategically important Indo-China Border Roads. Army is not

helping in implementing the re-structuring of GREF by usurping important posts, although they claim

that GREF cannot be run without the Army support. Present strength of Army officers (Corps of Engineers)

are given below:-

59

Appointment Auth GREF Army Held by Army Deficient Army

officers

Maj Gen/Chief 28 14 14 0 14 Maj Gen

Enqineer 50:50

Brig 08 6 Brig

Col/Lt Col/SE 146 66 80 42 3 8 Col

55:45

Mai/EE 299 195 104 89 15 Maior

Capt/AEE 450 360 90 49 41 Capt

Total 923 288 188 100

DGBR is not responsible for military strategy or operation other than infrastructure development and

engineering related works.

Conclusion/Recommendation

The GREF, which has over the last 51 years since its inception, earned a good name as a

disciplined engineer force capable of delivering goods. With the reduction of the strength of service

personnel will provide some opportunity of promotions on a formal manning policy that was agreed

upon in a meeting by Secretary BRDB, JS (G) MoD, Offg E-in-C and DGBR on 03rd June 1975 with

total number of service officers including engineer officers, .mechanical engineer, medical and

administrative officers should be fixed at 246 Nos and the total number of service personnel in the

subordinate cadre should be 1606 Nos which worked out to about 4% of the total subordinate strength

of GREF should not be disturbed.

Army officers come on loan and this loan should be reduced on need basis in GREF with

approval of Secretary BRDB.

PRESENT STRENGTH OF CORPS OF ENGINEERS OFFRS IN BRO

Appointment Auth Str of Manning Actual Held by Proposed

cadre as per ratio Army provided ArmyOffr as actual

restructuring Blocked by Army (Actual) provided

GREF+ Army vacancy by Army

DGBR 1 100% = 1 100% 1 1 00% = 1

ADG 2 0

Mai Gen/CE 28 50% =14 0% 0 29% =*

Brig 0 29% 8 0%

Col/SE 146 55% =80 29% 42 29% = 42

Maj/EE 299 35%= 104 30% 89 30% = 89

Capt/AEE 450 20% = 90 11% 49 11% = 49

Total Engrs 289 189 181

289 - 181 = 108 posts, which Army could not fill for last 6 years should be allotted to GREF. This will

automatically fulfill the ceiling of 246 Army officers decided in the meeting of JS(G) MoD, Secy BRDB,

60

DGBRand Offg E-in-C on 03rd June 1975. This will also fulfill the requirement of Adjutant General’s

Branch of 03rd April 1980. Abolish Brigadier -and Lt Col posts in GREF/BRO since their equivalent

posts are not available in GREFIBRO.

*If Corps of Engineers will increase 8 number of posts of Major Generals for GREF, proportionate

change of the rank of Major Generals will also be required in other Arms, which is not possible as per AV

Singh Committee report.

While the reduction in the strength of service personnel in GREF will meet the increased requirement

of Army and it will also provide better prospects to GREF employees. Employment of civilians is less

costly proposition. This will have inbuilt incentive for reduction of number of service officers i.e. all savings

achieved due to cut-back on manpower could revert to the services in the form manpower.

Recommendation

While the reduction in the strength of service personnel in GREF wilt meet the increased requirement

of Army and it will also provide better prospects to GREF employees. Employment of civilians is less

costly proposition. This will have inbuitt incentive for reduction of number of service officers i.e. all savings

achieved due to cut-back on manpower could revert to the services in the form manpower.

Whatever reduction in manpower related expenditure could be spent on acquisition of better

equipments in GREF.

Let us come out of the box of precedence and think progressively to strengthen Border Roads

Organisation and the Nation as a whole.

xxxsdxxx

(Dr VKYadav)

Addl DGBR


Copy to:-

Addl Secretary

Ministry of Defence

South Block

New Delhi

The Secretary

Border Roads Development Board,

Sena Bhawan

New Delhi -110 011

Engineer-in-ehief

Kashmir House

New Delhi-lID 011

Dir General Border Roads

Seema Sadak Bhawan


New Delhi-lID 010

61

DTE GEN BORDER ROADS

(ADG SECTT)

71011/DGBR/145/ADG Sectt 11 Oct 2011

FRAMING/AMENDMENT OF RECRUITMENT RULES OF ORGANSIED GROUP ‘A’

SERVICE OF BORDER ROADS ENGINEER SERVICE (BRES)

1. It is to inform you that DoPT OM dated 8 July 2011(copy enclosed) had emphasized that

Recruitment Rules/Service Rules of Organised Group ‘A’ Services are required to be completed by

31.03.2012 in consultation with DoPT/UPSC & Ministry of Law.

2. In view of above, Dte GBR is requested to initiate necessary action to complete the amendment/

framing of Recruitment Rules of BRES Cadre including the posts of ADGBR and DGBR.

3. In case any of the posts in the service of BRO/GREF has been exempted from Recruitment

Rules, details of such posts may be intimated so that the information can be disseminated among the

officers to bring transparency in the matter of Personnel Policy.

4. An early action is requested.

xxxsdxxx

(VS Yadav)

Addl DGBR

Encls: (02 sheets) Transparency Officer

Shri KKY Mahindrakar, VSM

DDG(Pers)

HQ DGBR

Copy to:-

Sectt BRDB you are requested to expedite framing of

(RR Section) Recruitment Rules of BRES cadre including

Sena Bhawan) ADGBR and DG Posts.

New Delhi-11

62

No. AB.14017/61/2008.Estt (RR)/Pt.

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi

Dated 8th July,2011

OFFICE MEMORNDUM

Subject: - Sixth Central Pay Commission’s recommendation- amendment of Service Rules-

regarding

This Department in OM No AB14017/61/2008-Estt(RR) dated 24.3.2009 issued the guidelines

for amendment of Service Rules/Recruitment Rules for incorporating the changes arising out of 6th

CPC recommendations. Separately the revised eligibility conditions for SAG & HAG level for members

of Organized Group ‘A’ Services have been issued in this Department OMs dated 15.12.09(Non-

Technical) and 18.01.2011(Engineering Services). The provisions with regard to grant of functional

scale of Rs. 14300-18300(pre-revised) to the SEs and equivalent in respect of Engineering Services

prescribed in OM dated 29.12.2010 also refers. Instructions for grant of NFU as per 6th CPC

recommendations have been issued in OM dated 24.4.09.

2. As the Recruitment Rules/Services are required to be amended after incorporating the above

instructions, all the Ministries/Departments/Cadre Controlling Authorities of Organized Group ,’A’ Services

may take immediate necessary action for notification of Service Rules positively by 31.3.2012 in

consultation with DoPT/UPSC & Ministry of Law.

3. Hindi version will follow.

xxxsdxxxSmita Kumar)Director(Estt.I0Tel.23092479

To

All cadre controlling authorities of Organized Group ‘A’ Services.

63

Headquarters

Directorate General Border Roads

Seema Sadak Bhawan

Ring Road, Delhi Cantt,

New Delhi-110010


Shri Shashi Kant Sharma

Secretary Defence

Ministry of Defence


IMPLEMENTATION OF RESTRUCTURING OF BORDER ROADS ORGANISATION

SANCTIONED BY CABINET COMMITTEE ON SECURlTY SEP 2006

Dear Sir,

1. I am writing to bring to your kind notice the impediments in implementing the manpower

restructuring in GREF/BRO, sanctioned by Cabinet Committee on Security (CCS) and issued vide

Sectt BRDB letter No F.BRDB/06/118/ 2005.GE.1 dated 20 Dec 2006 (copy enclosed), with directions

to complete the process within three years i.e. by Dec 2009. The major problem is in restructuring the

higher posts of CE (Civil) and SE (Civil) due to claiming of larger number of these Civil Engineer posts

by the Corps of Engineers of Indian Army.

2. The total number of CE (Civil) And SE (Civil) posts sanctioned before and after the restructuring

of the department and its allotment and holding by the GREF and Corps of Engineers is as under:-

Name of Before restructuring After restructuring Defi.

Post Corps

of

Engrs

Total GREF Corps Total GREF Cadre Corps

Cadre of Engrs of Engrs

A* H* A H A H A H

CE (Civil) 18 09 09 09 09 28 14 10+4** 14 08 06

SE(Civil) 93 42 42 51 32 146 66 65+1** 80 42 38

A* Allotted H* Holding as on date. 4** DPC In process. 1** under sealed cover

64

3. The Chief Engineer (Civil) post is in the grade of SAG and regular Major General of Corps of

Engineers can be posted against this post as per the gazette notification of Ministry of Defence (Sectt

BRDB) dated 12.2.2007. However Corps of Engineer could provide only 08 Brigadiers against the

allotted 14 Chief Engineer (Civil)/Major General posts, on the basis of the above notification. Similarly

only 42 Colonels have been provided against the allotment of 80 SE (Civil) posts.

4. Considering the above facts, the issue was raised in the BRDB meet of May 2011 and accordingly

as per the directions of Hon’ble RRM & Chairman BRDB, a Committee headed by Secretary BRDB

has gone into the details and has recommended that the allotment of senior level Civil Engineers posts

in GREF needs to be reviewed and recommended following allotment:-

Name of After restructuring in Sep 2006

Post Sanctioned proposed for GREF proposed for Corps

posts BRES cadre of Engrs (Anny)

CE (Civil) 28 17 against 14 (+3) 11 against 14 (-3)

SE(Civil) 146 80 against 66 (+14) 66 against 80 (-14)

5. The Committee has recommended additional allotment of 3 posts of CE (C) and 14 posts of

SE (C) for the BRES cadre, which is being opposed by E-in-C as well as present DGBR (a Lt Gen of

Corps of Engineers is presently occupying this post on loan basis) on the pretext that above reduction

in the allotment of CE (Civil) and SE (Civil) posts in GREF for the Corps of Engineers will affect the

promotional avenues of the Corps of Engineers officers. This misconception of E-in-C/Corps of

Engineers and the DGBR can be understood on the basis of the following facts brought out as under:-

(a) The allotment of Major General/Brigadier/Colonel vacancies to any Arms and Services

is the internal matter of Army and each and every Arm and Service of the defence forces

has been allotted their quota of these ranks, based on their strength within the Army

establishment. Therefore allotment of more posts of CE (C) and SE (C) from the

department of GREF will have no effect on the sanctioned strength of Malor General/

Brigadier/Colonel for the Corps of Engineers.

(b) Increased posts of CE (C) and SE (C) in GREF do not provide any promotional benefit

to the Corps of Engineers officers unless their strength of Major General/Brigadier/

Colonel is increased in the Army.

6. Due to the above facts, Corps of Engineers has not been able to provide their officers against

the additional allotted vacancies of CE (C) and SE (C) for the last five years and the posts are lying

vacant. GREF Engineers, who are waiting for their cadre review since last two decades, are feeling

disappointed on the following accounts:-

i. The increase in the CE (C) and SE (C) were approved for the GREF cadre as these

65

were restored against the GREF posts surrendered according to the DoPT OM under

austerity measures during 2002.

ii. Cadre review of BRES (C) has not taken place for last two decades and young talent is

not joining the service due to very scarce promotional prospects.

iii. The allotment of Civil Engineer posts to Corps of Engineers is being done without the

consultation of UPSC and DoPT.

6. In view of the above facts, a pragmatic approach is needed to implement the restructuring of

the Organisation, taking into consideration the constraints of Corps of Engineers of the Army in providing

additional officers of equivalent ranks to GREF at the level of CE ( C) and SE(C ), challenge of completing

priority works such as India China Border roads, ITBP roads, roads under Prime Minister package for

J&K State and SARDP works of MoRT&H in time bound manner and making GREF service attractive

for the fresh Engineers. Therefore, it is requested that the recommendations made in Para 3 above

regarding allotment of 3 additional posts of CE (Civil) and 14 posts of SE (Civil) to GREF BRES (Civil)

cadre may be considered and implemented in the overall interest of the organization.

Copy to:-

Dr Subhash Sharma

Secretary BRDB

Sena Bhawan

New Delhi-lID 011

Lt Gen Me Badhani, VSM

E-in-C

Kashmir House

New Delhi

Lt Gen SRavishankar, VSM

DGBR

Shri KKY Mahindrakar, VSM

Chief Engineer

DDG (Pers)

66

Government of India

Ministry of Shipping, Road Transport & Highways


‘B’ Wing, 4th Floor,

Sena Bhawan, New delhi 110010

No F.BRDB/06/118/2005/GE-I Dated 20th December 2006

To,


Seema Sadak Bhawan


New Delhi 110010

Subject : Sanction of Posts in Border Roads Organisation

Sir,

Consequent upon approval accorded by the Cabinet Committee on Security authorizing a strength

of 42646 personnel to the Border Roads Organization, and in supersession of all the earlier orders

issued in this regard, I am directed to convey the sanction of the President of India for restructuring of

the Organisation and restoring the strength in the Border Roads Organization to 42646, as on upper

ceiling Details of manpower authorized for units/formations in the revamped Organisation are indicated

in Appendix ‘A’.

2. Sanction for inducting 5701 personnel in a placed manner is also accorded. The three year

manpower induction plan, beginning from current financial year will be as indicated in Appendix ‘B’.

3. Sanction for exempting the Border Roads Organisation from the ambit of guidelines issued

vide Department of Personnel & Training, Office Memorandum Nos 2/8/2001. P.C. dated 16th May 2001

and dated 6th/18th June 2002 is also hereby accorded.

4. The expenditure involved will be debited to (i) Major Head 3451, Demand No. 85 Revenue (ii)

Major Head 5054 : 03:00:53 Capital Outlay on Road & Bridge Sub Major Head Strategic and Border

Roads Minor Head 02.337 Roads Works 03 Works under BRDB 03;00;53-Major Works Ground

Establishment.

5. This issues with the concurrence of Ministry of Defence (Fin/Br) vide their ID No. 1(3)/BRS/

2006(2308/06) dated 14th Dec 2006.

Yours faithfully

xxx Sd xxx

(S.K.Sharma)

Under Secretary to the Govt of India

67

Forwarded to:-

Ministry of Defence (Fin/BR), New delhi-11

PCDA, ‘G’ Block, K. Kamraj Marg, New Delhi-11

CGDA, West Block-V R.K. Puram, New Delhi

DADS, New Delhi

Ministry of Defence (GS-IV), South Block, New Delhi-11

CDA (O), Golibar Maidan, Pune-01

IFA (BR), Seema Sadak Bhawan, Ring Road, New Delhi-10

CDA (BR), Seema Sadak Bhawan, Ring Road, New Delhi-10

PAO, GREF Care GREF Centre, Dighi Camp, Pune-15

CDA (WC), Sector-9, Chandigarh

PCDA (NC), Jammu, Narwal Pain, Satwari, Jammu

Sr. DDA DS (SC), Care PCDA (SC), Pune-1, Finance Road, Pune

Sr. DDA DS (EC), Patna, Care CDA, Patna, Rajinder Path, Patna

CDA (Funds), Meerut, Near Head Post Office, Meeru Cantt

CDA, Guwahati, Udayan Vihar, Satgaon Narangi, Guwahati

Hindi Cell (Internal)

xxxsdxxx

(S.K.Sharma)


68

EXPECTED WASTAGES AND PROPOSED INDUCTION SCHEDULE OF MAN POWER

Group Requir- Present Actual Deficiency Actual Add Total Proposed Balance Add Total Proposedement Sancti- Holding as per Defici- Wastage Deficiency to be Deficiency Wastage Deficiency to beHolding oned authori- ency During 2006-07 filled During 2007-08 filled

sation 2006-07 during 2007-08 during2006-07 2007-08

A 1536 1049 901 487 635 42 677 280 397 36 433 433

B 2081 1363 1239 718 842 65 907 290 617 70 687 180

C 23180 17989 16734 5191 6446 531 6977 2900 4077 441 4518 3100

D 15849 16544 15074 (-)695 775 659 1434 590 844 563 1407 825

Total 42646 36945 33948 5701 8698 1297 9995 4060 5935 1110 7045 4538

Group Balance Deficiency Add Wastage During Total Deficiency Proposed to be filled2008-09 during 2008-09

A 31 31 31

B 507 66 573 573

C 1418 463 1881 1881

D 582 625 1207 1207

Total 2507 1185 3692 3692

69

Headquarters


Seema Sadak Bhawan


New Delhi-110010


General VK Singh, PVSM, AVSM, YSM, ADC

Chief of Army Staff.

South Block

New Delhi

MANNING POLICY OF BORDER ROADS ORGANISATION

Dear General,

1. I am enclosing herewith a copy of letter No 71011/DGBR/144/ADG Sectt dated 10 Oct 2011

written to the Chief of Army Staff on above subject for your information please.

2. The Cabinet Committee on Security (CCS) had sanctioned manpower strength of 42646 for

BRO/GREF in Sep 2006 with direction to recruit deficient manpower within 3 years, i.e. by 2009, which

has never been implemented by design of Corps of Engineers, so that their presence and hold over

BRO/GREF is continued.

3. A total of 3555 posts (556 officers and 2999 personnel) are blocked by Corps of Engineers,

which is in contravention to CCS approval. . Three Defence Secretarys; Shri Shekhar Dutt, Shri VijaySingh

and Shri Pradeep Kumar have retired/changed hands, but the vicious cycle of Corps of Engineers

“What is in it for us” is the biggest hindrance for the confusion for which we are approaching you. Corps

of Engineers cannot block 3555 posts (556 officers & 2999 personnel) in a civilian organization, once

approved by CCS in Sep 2006 (in closed).

With warm regardsCopy to:

Shri Shashi Kant Sharma xxxsdxxx

Secretary Defence (Dr. V.K. Yadav)

Govt. of India Addl DGBR

101>South Block Transparency Officer

New Delhi

70

Lt Gen KT Pamailc, UYSM, YSMGOC-in-CNorthern CommandUdhampur

Lt Gen SR Ghosh, AVSM, SM,ADCGOC-in-CWestern CommandChandimandir

Lt Gen SK Singh, UYSM, AVSMGOC-in-CSouth Western CommandJaipur

Lt Gen. Vijay Kumar Ahluwalia, AVSM**, YSM, VSM,GOC-in-CCentral CommandLucknow

Lt Gen AK Singh, AVSM, SM, VSM, ADCGOC-in-CSouthern CommandPune

Dr. Subhash SharmaSecretary BRDBSena Bhawan4th Floor, 'B' WingNew Delhi-110011

71

PROJECT WISE MAN POWER INCL ARMY PERS : 31 AUG 2011

Sl Project Total GREF Pers Army Pers

No Auth Auth Held Defi %age Auth Held Defi %age

1 ARUNANK 3223 3044 2726 318 10% 179 161 18 10%

2 BEACON 4007 3700 3420 280 8% 307 290 17 6%

3 BMK 515 485 331 154 32% 30 11 19 63%

4 CHETAK 1564 1448 1275 173 12% 116 116 0 0%

5 DANTAK(NBCA) 647 603 561 42 7% 44 40 4 9%

6 DANTAK(BCA) 901 865 702 163 19% 36 33 3 8%

7 DEEPAK 1813 1649 1471 178 11% 164 160 4 2%

8 HIMANK 3368 3168 2752 416 13% 200 188 12 6%

9 HIRAK 1307 1228 1059 169 14% 79 59 20 25%

10 PUSHPAK 1737 1563 1385 178 11% 174 164 10 6%

11 SAMPARK 3554 3313 2978 335 10% 241 211 30 12%

12 SETUK 1311 1271 829 442 # 35% 40 42 -2 -5%

13 SEWAK 2535 2238 2032 206 9% 297 282 15 5%

14 SHIVALIK 2205 2069 1860 209 10% 136 111 25 18%

15 SWASTIK 2145 1973 1655 318 16% 172 163 9 5%

16 UDAYAK 2320 2109 1844 265 13% 211 206 5 2%

17 VARTAK 3379 3139 2801 338 11% 240 238 2 1%

18 VIJAYAK 1971 1828 1665 163 9% 143 115 28 20%

19 HQ DGBR 611 579 463 116 20% 32 29 3 9%

20 LC DGBR 13 13 11 2 15% 0 0 0

21 GREF Centre, Trg 387 354 309 45 13% 33 32 1 3%School GC,MRRT GC &L/Cell GC

22 GREF Records 124 92 82 10 11% 32 31 1 3%

23 BRDB 10 10 8 2 20% 0 0 0

24 Insp Cell BRDB 2 2 2 0 0% 0 0 0

25 LO DGBR 24 24 24 0 0% 0 0 0

26 ADG(EAST) 38 38 5 33 87% 0 0 0

27 R&D (ESTT) 28 28 14 14 50% 0 0 0

28 EBW 568 475 377 98 21% 93 53 40 43%

29 ROHTANG TUNNEL 183 183 52 131 $ 72% 0 0 0

30 New Raiising 257 257 @ 257 100% 0 0 0

31 New Recruited 24 (-)24

G/TOTAL 40747 37748 32717 5079 13% 2999 2735 264 9%

@ Strength of new raising

# Defi incl rationalised auth of 46(I) TF$ Defi incl rationalised auth of Rohtang Tunnel

72

Appx(Ref Para 1 of AG Br/MP-2 Note No08176/EST/MP-2 dt 04 Feb 2009)

ALLOCATION OF SELECT RANKS VACANCIES : 2009

LT GENSer No Arm/Servcies Lt Gen(a) Gen Cadre 61(b) Staff 10(c) Arty 2(d) Engrs 3(e) Sigs 2(f) AAD 2(g) ASC 2(h) AOC 2(j) EME 2(k) RVC 1(l) Int 1

Total 88 *

MAJ GEN, BRIG AND COL

Ser No Arm/Servcies Maj Gen Brig Col(a) Armd Cops 16 57 261(b) Inf 120 439 1934(c) Mech Inf 10 34 157(d) Arty 581 182 802(e) AAD 10 38 175(f) Engrs 24 94 433(g) Sigs 16 63 295(h) ASC 11 43 203(j) AOC 8 36 163(k) EME 16 64 300(l) Int Corps 2 13 56

(m) AEC 1 4 35(n) Avn 1 4 27(o) JAG 1 7 19(p) RVC 1 5 38(q) Mil Farm 0 1 7(r) APS 1 4 18(s) PC(SL)Cadre 0 3 29(t) MS Pool 2 5 40

Total 290 * 1096 * 4992 *

Note :-1 Max auth of select rks in 2009 speficied vide Govt of India, Min of Def

letter No 18(2)2004-D(GS-I/III)Vol.VI dt 03 Nov 2008.(a) Col - 4958(b) Brig - 984(c) Maj Gen - 238(d) Lt Gen - 76

2 MS Branch will ensure overall utilisation of select ranks does not exceed numbers specified for2009.

73

BOHDER ROADS DEVELOPMENT BOARD

The BRDB budget is not sufficient to meet the expenditure involved in maintaining the


works in 50:50 pruportion. This roughly indicates that the present BRDB budget can maintain

only half of the staff strength in BRO.

2. I am told that due to operational requirement, 30 nos. of Task Forces and 34 num. of Pnr.

Coys. are required to be maintained by BRO. In case of war / emergency, the command of the

staff would be handed over to the Army for their direct control in order to use their services for

supplementing their demands. I have seen no Govt. order in BRDB Sectt. in support of maintaining

tbe Task Force and Pnr, Coys. mentioned above for operational requirements. It is proposed to

rationalise the staff strength in BRO. For doing so, it is necessary to obtain the formal Govt..

orders on the minimum number of Task Forces and Pnr. Coys. required to be maintained for

operational requirement of the Army. It is requested that the Govt. orders may be communicated

as to the minimum number of Task forces and the Pnr. Coys. required to be maintained for

operational requirements. While intimating the Govt. orders as above, the category wise (i.e, 'A',

'B', 'C' & 'D') staff strength comprising the minimum number of Task Forces and the Pnr. Coys.

referred above may also be indicated. The above decision may be taken and communicated in

the light of the current annual budget of the ‘BRDB, the net amount of which for RE 97-98 is Rs.

524.27 crs.

xxxsdxxx

(Santosh Kumar)

Secretary, BRDB

24-3-1998

Min. of Defence (Shri A.K. Jain- JS(G)

BRDB Sectt. ID No. 215/Secy. BRDB/98, dt. 24-3-1998.

74

POSITION AS ON 01 OCT 2011

LISTOF LT GENERAL APPOINTMENTS OF CORPS OF ENGINEERS (04 POSTS)AND ADDL DGBR(GREF)

PAY SCALE HAGf 67000-79000 = ADDL DGBR (GREF)(*1/3RD SENIORS IN HAG + Rs. 75500-80000)

S/No Rank & Name DepWApptt Date TOS DateRetirement

1. Lt Gen MC Badhani, VSM * Engr-in-Chief Oct 2009 Dec 2011

2. Dr VK Yadav, VSM AddlDGBR Nov 2009 Aug 2013

3. Lt Gen S Ravishankar, VSM Corps of Engrs Nov 2010 Nov 2012

4. Lt Gen SS Sengupta, VSM Comdt CME, Pune Jul2010 Jul2012

OUT OF CORPS (UNSPECIFIED)

5. Lt Gen Vijay Sharma Comdt aTA, Gaya Jul2011

6. Lt Gen Jitender Sikand Nov 2011

LIST OF MAJOR GENERAL APPOINTMENTS (24 POSTS)

(PAY SCALE : PB-4 Rs. 37400-67000 + GRADE PAY Rs. lO,OOO) = C E (GREF)

No Appointment Rank & Name

6x CE,. Northern Command Maj Gen NRK Babu

CE,Western Command Maj Gen Manik Sabharwal

CE, South-Western Command Maj Gen Balwinder Singh

CE, Southern Command Maj Gen NP Padhi

CE, Eastern Command Maj Gen Mittal Rakesh

CE, Central Command Maj Gen VM Tandon

1x DG (Works) Maj Gen RK Mattu

1x DG (MAP) Maj Gen RN Masaldan

1x ADG (Pers) Maj Gen AK Chaturvedi

1x ADG (ESP) Maj Gen Surinder Sharma

1x ADG (ES) Maj Gen Rakesh Bassi

1x Dy Comdt CME Maj Gen

1x ADG (TE) Maj Gen VK Bhatt

1x ADG (Army) Maj Gen Kaushik

9x Unspecified

ADG Ord Maj Gen Mangal

ADG FP Maj Gen SKWadhawan

ADG IS (Northern Comd) Maj Gen Bhattacharjee

ARTRAC Maj Gen M Pillai

ADG (Man Power) Maj Gen AT Parnaik

COS, UB Area Maj Gen Raina

COS, Andaman & Nicobar Maj Gen

ADG, LWE Maj Gen Sanjiv Talwar

+1 Addl MS Maj Gen MMS Rai

TotaJAuthonsed - 23 Major Generals MaJ Gen KR Krishnan

Presently held (22 Major Generals

75

Tele: 2379317890900/Brig/Misc/E1A 21st Oct. 11

INTEGRATED HQ OF MoD (ARMY)ENGINEER-IN-CHIEF’S BRANCH (E1A)

POSTING OF OFFICERS AS CHIEF ENGINEER IN THELOCAL RANK OF BRIGADIER

1. Refer your letter No 117/JS(BR)/Aug/2011 dated 13 Oct 11.

2. BRO is a mixed organization consisting of both military and GREF officers, both being managed

separately, but tenanting specific appointments earmarked as per Manning policy. Both cadres have

varying cadre management policies and their terms and conditions are also totally different startings

with ages of commission/ appointment, promotional prospects, retirement ages, etc.

3. The Gazette Notification dated 12 Feb 2007 has also been interpreted differently and the matter

dragged even to the courts. While the army views it as merely an equivalence bestowed between

military and civilian officers for the purpose of disciplinary powers under Army Act 1950, based on

judgement of Hon’ble High Court in Writ Petition No 1945/2007 Nagender Singh Vs UoI, the GREF

officers view it as accepted equivalence ranks

4. The Order of Precedence issued by Govt of India brings out the correct equivalence which is

tabulated below :-

Mil Posts Civ Posts

(a) At Ser No 33 Cols Chief Engineer

(b) At Ser No 38 Lt Cols Superintending Engineer

(c) At Ser No 42 Majs -

(d) At Ser No 44 - Executive Engineer

5. Notwithstaliding the above, the precedence of posting military officers as CEs Project, in the

local rank of Brigadiers has been in existence for a number of years. Since 01 Jan 2004, there have

been 23 such postings issued, which have never been questioned earlier, except in the case of the last

two postings ie. to CE (P) CHETAK and CE (P) PUSHPAK (list attached as Appendix). Moreover,

these officers who have been placed as Chief Engineers, have been approved by the MoD for the

Acting rank of Brigadier and hence the question of comparing them with Superintending Engineers is

unwarranted.

6. As already brought out earlier, the cadre management of both cadres is different. As a norm, all

officers though approved for the acting rank of Brigadier, are initially placed as local Brigadiers and

subsequently in due course of time, given acting rank from a previous date by cross checking and

ensuring that no officer senior, in any arm or services and not exclusively of the Corps of Engineers, is

left out from the acting rank. This is an internal cadre management policy of the Army. However, there

is no difference between local, acting and substantive ranks as far as tenanting appointments are

concerned.

7. Your attention is also drawn to the fact that there are a number of GREF officers as under, who

though arel were SEs, have been officiating as CEs in various projects :-

76

S Name Period of Officiating Appoint- RemarksNo From To ment being

officiated

(a) Sh IR Mathur, SE 20 Feb 09 Till dt CE (P) Deepak DPC for CE not held.(b) ShPK 04 Mar 10 29 Jul11 CE (P) Roltang Officiated even when

Mahajan, SE Tunnel Project result of DPC for CEnot declassified, tilltaking over as CE.

(c) Sh SK Singh, SE 07 Mar 10 01 Aug 11 CE (P) Hirak Officiated as CE eventhough no DPC of CEI held. Officer I postedout since 02 Aug 11

(d) Sh PO Arora, SE 30 Jun 11 29 Jul11 CE (P) Bhramank Officiated even when (new raising) result of DPC for CE

not declassified, tilltaking over as CE.

(e) Sh KK Rajdan, SE 10 Jun 10 Till date CE (P) Setuk Even though officerapproved as Brig is inthe same office, Sh KKRajdan is officiatingwithout being approvedas CE.

(f) Sh UC Mehta, SE 01 Aug 11 Till date CE (P) Officiated as CE thoughSampark no DPC of CE held.

8. Hence denying the same appointment to an army officer, who has been duly approved for thenext rank of Brigadier by the MoD, is not in order and such decisions send wrong signals to theenvironment and are detrimental to the functioning of the organization.

9. In view of the above, it is felt that such situations created by certain officers with a narrow mindand petty approach are nipped in the bud, lest it leads to long term repercussions. .

10. It is understood that Brigadier Jairam Kumar has since taken over as CE (P) PUSHPAK. It is alsostrongly recommended that order passed vide BRDB letter No BRDB/06/35/1990/GE-1 dated 30 Sep 11for Col KC Panchanathan not to take over CE (P) CHETAK, be reviewed keeping in mind the historicalperspective, precedence and a healthy working atmosphere in an important organization dealing withconstruction of strategically important roads. In case our proposal not accepted, there may be a case inpoint to consider moving out all officers of GREF who are officiating as CE Projects immediately:

xxxsdxxx(MC Badhani)Lt GenE-in-c

Dr Subhash SharmaSecretary BRDS

COPY to :-

MSDGBR

77

Appendix

LIST OF OFFRS POSTED TO BRO WITH LOCAL RANKSer IC No Rank Name Posted to MSBranch PostingNo Order No

1. IC-36711 Col S Narasimhan CE (P) SEWAK 388590/MS(Brigs)/01 dt01 Jan 04

2. IC-30686 Col MA Naik, SM CE (P) HIMANK 388676/MS(Brigs)/34 dt16 Mar 04 .

3. IC-34687 Col SS Dasaka CE (P) BEACON 388524/MS(Brigs)1145 dt05 Nov 04

4. IC-34737 Col KP Singh CE (P) DEEPAK 3885311MS(Brigs)/148 dt11.Nov 04

5. IC-34341 Col NRK Babu CE (P) HIMANK 388718/MS(Brigs)121 dt06 Feb 06

6. IC-38625 Col BD Pandey CE (P) SEWAK 388718/MS(Brigs)121 dt06 Feb 06

7. IC-39410 Col D Palit CE (P) HIMANK 388855/MS(Brigs)173 dt15 May 06

8. IC-39843 Col AK Bhutani CP (P) BEACON 388791/MS(Brigs)/42 dt13 pr 07

9. IC-37794 Col JK Narang CE (P) DEEPAK 388823/MS(Brigs)/62 dt18 May 07

10. IC-38388 Col Rajesh Tyagi CE (P) DANTAK 388566/MS(Brigs )1119 dt08 Aug 07

11. IC-38657 Col US Dadu CE (P) SAMPARK 388700/MS(Brigs)/182 dt20 Dec 07

12. IC-39488 Col Arun Kumar CE (P) HIMANK 388516/MS(Brigs)/98 dt16Jun08

13. IC-39581 Col Balraj Singh CE (P)SEWAK 388516/MS(Brigs)/98 dt16 Jun 08

14. IC-4t814 Col Deepak Sharma CE (P) ARUNANK 388702lMS(Brigs)1180 dt26 Nov 08

15. IC-40826 Col SK Tiwari CE (P) SAMPARK 388563/MS (Brigs)/91 dt16 Jul 09

16. IC-41169 Col SK Grover CE (P) SHIVALIK 388813/MS(Brigs)/18 dt09 Feb 10

17. IC-41220 Col R Sawhney CE (P) SWASTIK 388813/MS(Brigs)/55 dt21 APr 10

18. IC-41464 Col TPS Rawat CE (P) BEACON 388625/MS(Brigs)/116 dt02 Aug 10

19. IC-41266 Col MH Razvi CE (P) HIMANK 388783/MS(Brigs)/197 dt03 Dec 10

20. IC-41915 Col Rohit Kapoor CE (P) VARTAK 38829/MS(Brigs)/223 dt28 Dec 10

21. IC-41994 Col Arun Joshi CE (P) SEWAK 38829/MS(Brigs)/223 dt28 Dec 10

22. IC-42775 Col Jairam Kumar CE (P) PUSHPAK 388753/MS(Brigs)/106 dt30 Aug 11

23. IC-42796 Col KC Panchanathan CE (P) CHETAK 388753/MS(Brigs)/106 dt30 Aug 11

78

Headquarters

Dte Gen Border Roads

Seema Sadak Bhawan


New Delhi-110 010


Secretary BRDB

Secretariat Border Road Development Board

Ministry of Road Transport & Highways

‘B’ Wing, 4th Floor

Sena Bhawan

New Delhi-110 011

CORPS OF ENGINEERS OFFICERS ON EXTRA REGIMENTAL

EMPLOYMENT (ERE) IN BRO/GREF

1. It is learnt that HQ DGBR has initiated a note stating that Corps of Engineers officers are in

GREF on Extra Regimental Employment(ERE).

This itself demonstrates that GREF is not a Regimental Corps of Engineers.

The word ERE as in Defence Service Regulation (DSR) Vol-I 1987 Page (iv) (Appx ‘A’) is

quoted as under:-

Quote “ (f) Extra Regimental Employment(ERE)-Employment on military duties other

than staff(including Corps Staff) or Regimental employment on Secondment’

‘(e) Secondment –Employment outside the Regular Army including ancillary Corps or Service, eg.

Defence Security Corps. National Cadet Corps and Territorial Army when not embodied”- Unquote.

Oxford Dictionary gives one of the several meaning of the word “second” as (Military) put

(Officer) into temporary retirement with a view to staff or other extra regimental appointment, transfer

(official) temporary to another department ’Secondment is to say that Army personnel are only temporarily

made over to GREF department i.e. on loan basis as per BR Regulations.

2. It is clear from the above that ERE is employment on Military duties other than staff or Regimental

employment, on temporary basis. No military officer has been deployed on Military duty in GREF as it

is a road construction agency and not a wing or limb of Indian Army as clarified vide Secretary BRDB

Note dated 24 Mar 1988 and JS(G),MoD vide letter No. F.114/2/87/Pers/BRDB/8000/JS(G)/86 dated 22

Sep 1988, which clearly says that “No GREF resources has been placed permanently at the disposal

of Army’ (Appx ‘B’ & ‘C’)

3. The presidential sanction for rising of GREF was issued vide BRDB letter No. F.4(29)/BRDB/

60/ dated 16 June 1960 (Appx ‘D’) and members of the GREF consists of :-

(i) Personnel directly recruited thereto; and

79

(ii) Personnel on deputation from Central Ministries, State Governments, Local Bodies and

Corporations.

The Recruitment Rules of BRES cadre published vide GSR 1554 dated 20 Sep 1977 Para

3(22) under initial Constitution of BRES (Civil) Service demonstrates that BRES (Civil) services consists

of following officers: - (Appx ‘E’)

(i) Engineer Officers who were holding on a regular basis General Central Civil Service

Class 1 Gazetted posts in the General Reserve Engineer Force before the date of

commencement of the General Reserve Engineer Force (Engineer Officers) recruitment

Rule, 1968

(ii) Engineer Officers who were holding on a regular basis General Central Civil Service

Class 1 Gazetted posts on or after the date of commencement of the General Reserve

Engineer Force (Engineer Officers) Recruitment Rules 1968.

Therefore, ERE to GREF cannot be done. ERE are Military duties within the establishment of

Regular Army.

4. It is well established fact that Corps of Engineers officers from the Army were deputed on loan

basis at the time of raising of GREF because of shortage of officer cadre at the initial stage, which is

still continuing and accordingly their pay and allowances are paid to the CDA (O) and (OR) on capitation

rate basis from the budget of BRDB provided by Ministry of Road Transport & Highways (MoRT&H)

and not from the Defence Establishment funds.

5. The Cabinet Committee on Security (CCS) has approved following civilian posts in GREF on

restructuring in Sep 2006 vide Govt of India, Ministry of Shipping, Road Transport & Highways BRDB

letter No. F.BRDB/06/118/2005-GE-I dated 20 Dec 2006(Appx ‘F’)

(a) Group ‘A’ - 1536

(b) Group ‘B’ - 2081

(c) Group ‘C’ - 23180

(d) Group ‘D’ - 15849

Total - 42646

While approving the restricting of GREF, the CCS also lifted the ban against recruitment of 1/3rd

of retired vacancies that was imposed in 2002 on recruitment of manpower in central govt departments.

Army officers and personnel are categorized as Commissioned Officers, Junior Commissioned

Officers(JCO), Non-Commissioned Officers(NCO) and Other Ranks (OR) and not as Group ‘A’, ‘B’,

‘C’ & ‘D’ and there is no ban on recruitment from superannuated strength of Army officers and manpower

in Army vacancies.

6. DGBR and E-in-C are trying to get additional posts for Corps of Engineer officers out of the

restructured posts of GREF, on the false pretext that GREF/BRO is a Regiment of Corps of Engineers.

7. Army HQ has not earmarked any select rank vacancies against Group ‘A’ posts in GREF as

evident from the allocation of select ranks vacancies 2009 notified vide Appendix to Army HQ, AG’s Br/

MP-2 Note No. 08176/EST/MP-2 dated 04 Feb 2009 (Appx ‘G’). The maximum authorization of

select ranks in 2009 specified vide Govt of India, Min of Defence letter No. 18(2) 2004-D*(GS-I/III)-

Vol.VI dated 03 Nov 2008 is as under :-

80

(a) Col - 4958

(b) Brig - 984

(c) Maj Gen - 238

(d) Lt Gen - 76

BRO/GREF does not figure in the list of Arm/Services notified by Army HQ/AG’s Br. Even the

Army Postal Service (APS) is included in this list, wherein civilians come on deputation. Therefore, any

allocation of Group ‘A’ posts of GREF, from the increased strength of 2006, will be against the spirit of

CCS approval.

The commitment given by Military Secretary, Lt Gen GM Nair, SM, AVSM during the meeting in

the Chamber of Additional Secretary (B), MoD on 14th Sep 2011 on Manning Policy that “the vacant

Group ‘A’ posts allotted to Army will be filled up by Corps of Engineers within 5 years” has no sanctity

and approval of the Government and this bluff we should not buy:-

Actual Maj Brig Col Manning Maj Gen Brig Col

auth Gen Policy

Engrs 24 88 400 Engr+BRO 24+ 88+0 400+

14=38 =88 80-480

Brigadier is holding Addl Chief Engineer Post in E-In-C Branch and there is no Addl Chief Engineer

post sanction in BRO/GREF. In lieu of 14 Maj Generals 10 Brigadiers are posted in BRO/GREF

without approval of Appointment Committee of Cabinet (ACC). Post of Chief Engineer in BRO/GREF

is in the Grade Pay of Rs. 10,000/- and is of the level of Joint Secretary post for which approval is

mandatory, whereas Brigadier is in Grade Pay of Rs. 8,900/-

The prime concern of Army and Corps of Engineer should be security of the Nation. Corps of

Engineers is diverting their critical manpower for occupying civilian posts in BRO/GREF at the cost of

other Arms/Services of Army, thereby undermining the security of the Nation. The authorities should

take serious note of this aspect and streamline the deployment of Corps of Engineer officers within the

Army.

At present Army HQrs (MS Branch) is sending officers on loan to BRO at their will. This practice

should be stopped forthwith. It should be the prerogative of the borrowing department (BRDB Sectt) to

decide the requirement of officers on loan, their qualification, experience ,rank etc,. Any compromise

on these aspects will be detrimental to the career progression of our own officers and it is causing

resentment among own officers if the department and has resulted in numerous litigations.

8. In view of the above, Secretary BRDB is requested to review the manning policy as directed by

Ho’ble RRM and Chairman BRDB so that the long pending implementation of re-structuring and

completion of ICBR, PM package and other important road work could be achieved in time.

xxxsdxxx

(Dr VK Yadav)

Addl DGBR

81

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bl iqLrd esa nh xbZ tkudkjh izR;{k vFkok ijks{k :i ls lekpkj i=kksa ;k fdlh ,sls O;fDrbl iqLrd esa nh xbZ tkudkjh izR;{k vFkok ijks{k :i ls lekpkj i=kksa ;k fdlh ,sls O;fDrbl iqLrd esa nh xbZ tkudkjh izR;{k vFkok ijks{k :i ls lekpkj i=kksa ;k fdlh ,sls O;fDrbl iqLrd esa nh xbZ tkudkjh izR;{k vFkok ijks{k :i ls lekpkj i=kksa ;k fdlh ,sls O;fDrbl iqLrd esa nh xbZ tkudkjh izR;{k vFkok ijks{k :i ls lekpkj i=kksa ;k fdlh ,sls O;fDrdks uk nh tk, tks Hkkjr ljdkj dk deZpkjh uk gksdks uk nh tk, tks Hkkjr ljdkj dk deZpkjh uk gksdks uk nh tk, tks Hkkjr ljdkj dk deZpkjh uk gksdks uk nh tk, tks Hkkjr ljdkj dk deZpkjh uk gksdks uk nh tk, tks Hkkjr ljdkj dk deZpkjh uk gksThe information given in this book is not to be communicatedeither directly or indirectly, to the press or to any person notholding an official position in the service of the Government ofIndia

j{kk lsok fofu;ekoyhj{kk lsok fofu;ekoyhj{kk lsok fofu;ekoyhj{kk lsok fofu;ekoyhj{kk lsok fofu;ekoyhDEFENCE SERVICES REGULATION

lsuk fofu;ekoyhlsuk fofu;ekoyhlsuk fofu;ekoyhlsuk fofu;ekoyhlsuk fofu;ekoyhREGULATIONS FOR THE ARMY

[k.M 1[k.M 1[k.M 1[k.M 1[k.M 1VOLUME 1

la'kksf/r laLdj.k 1987la'kksf/r laLdj.k 1987la'kksf/r laLdj.k 1987la'kksf/r laLdj.k 1987la'kksf/r laLdj.k 1987REVISED EDITION 1987

82

PREFACE

“Regulations for the Army” are issued under the authority of the Government of india. These were last

revised in 1962 in supersession of the “Regulations for the Army in India-Reprint 1945” and “Instructions

by His Excellency the Commander-in-Chief, Reprint 1945”.

2. This is a comprehensive compilation covering the salient aspects of administration of the Regular

Army. Commanding and other officers shall be responsible for ensuring that these regulations are

strictly observed and that any local instructions or regimental orders that may be issued are in

accordance with the spirit and intention of these regulations.

3. These regulations, being non–statutory, are supplemental to the relevant statutory provisions,

wherever they exist, and do not supplant them. Officers are expected to interpret and apply these

regulation reasonably and with due regard to the interests of the Service, bearing in mind that no

attempt has been made to provide for necessary and self evident exceptions nor for such matters as

should ordinarily be dealt with by local authorities.

4. Departmental orders and instructions are based on, and take their authority from, these

regulations, Should any variance arises between such orders and instructions and these “Regulations

for the Army”, the latter shall prevail.

xxxsdxxx(S.K. BHATNAGAR)

New Delhi Secretary to the Government of IndiaDecember 5, 1986 Ministry of Defence

83

EXPLNATION OF TERMS USED

The terms below when used in these regulations, will be taken to mean:-

(a) Regimental Duty- All employment with unit of own Arms or Service, service with other

Arms of Services when filling appointment s tenable by personnel of own Arms of Service,

period spent on authorized courses as students except at institutions training solely for

employment on staff, and service with the Territorial Army when embodied.

(b) Graded Staff Appointment- Appointments dealing with Army matters in general and

tenable by officers of all Arms and Services.

(c) Corps Staff Appointments- Appointments dealing with matters connected with an

individual corps or Service and tenable by offices of that Corps or Service only.

(d) Technical Staff Officers-Technical Staff Officer will be a general purpose officer and

will deal with any problem connected with weapons, equipment and stores. He will also advise

on technical aspects f warfare and on the use and trials of new equipment.

(e) Secondment- Employment outside the Regular Army including ancillary corps or

service, eg, Defence security corps, National Cadet Corps and Territorial Army when not

embodied.

(f) Extra Regimental Employment (ERE)- Employment on military duties other than staff

(including Corps Staff) or Regimental employment on Secondment.

84


The BRDB budget is not sufficient to meet’ the expenditure involved in maintaining the


works in 50:50 proportion.This roughIy indicates that the present BRDB budget can maintain

only half of the staff strength in BRO.

2. I am told that due to operational requirement, 30 nos of Task Forces and 34 nus. of Pnr,

Coys. are required to be maintained by BRO. In case of war I emergency, the command of the

staff would be handed over to the Army for their direct control in order to use their services for

supplementing their demands. I have seen no Govt. order in BRDB Sectt. in support of maintaining

theTask Forces and Pnr. Coys. mentioned above for operational requirements. It is proposed to

obtain the staff strength in BRO. For doing so, it is necessary to obtain the formal Govt. orders on

the minimum number of Task Forces and the Pnr. Coys. required to be maintained for operational

requirement of the Army. It is requested that the Govt. order may be communicated as to the

minimum number of Task forces and the pnr. Coys. required to be maintained for operational

requirements. While intimating the Govt. orders as above , the category wise (i.e. 'A', 'B', 'C', &

'D') staff strength comprising the minimum number of Task Forces and the Pnr Coys. referred

above may also be indicated. The above decision may be taken and communicated in the light

of the current annual budget of the BRDB, the net amount of which for RE 97-98 is Rs. 524.27

crs.

xxxsdxxx

( Santosh Kumar )

Secretary BRDB

24-3-1998

Min. of Defence (Shri A.K. Jain-JS(G)

BRDB Sectt. ID No. 215/Secy. BRDB/98, dt. 24-3-1998

85

No.F110/2/87/Pers/BRDB/000/JS

(G)/88

Government of India

Ministry of Defence

New Delhi the 22nd Sept 1988

OFFICE MEMORANDUM

SUBJECT:- DEPLOYMENT OF BRO’S UNITS DURING OPERATIONS-PROCEDURE TOBE ADOPTED.

The undersigned is directed to say that during the recent operations in Sri Lanka, the BRO’s

units with heavy equipment were moved without obtaining prior approval of Government. Besides, the

BRO’s units did not move to the area of operations immediately but were stationed in an intermediate

location and were kept idle till the date on which formal orders for their actual deployment to specific

locations were approved and issued. With a view to avoid recurrence of such instances, laying down of

suitable guidelines for the deployment of BRO units during operations has been considered necessary.

2. It has accordingly been decided, with the approval of Raksha Mantri, that henceforth any requests

for placement of BRO’s units at the disposal possible indication of such requirements, to joint Secretary

(G), under copy to Secretary, BRDB, giving necessary reasons for the proposed deployment etc.

Before the actual move is ordered, joint secretary (G) would obtain the approval of Raksha Mantri and

formal orders will be issued by him immediately, thereafter copies of the Govt. order will be endorsed to

secretary BRDB, DGMO etc. for implementation. DGBR will not authorize move of BRO units unless

formal orders are communicated to him by Secretary, BRDB.

3. If cases of great operational urgency, DGBR may alert the concerned BRO units to be in a

state of readiness on the basis of any advance warnings that might be conveyed to him by Secy,

BRDB or by the MO Dte. However the DGBR would authorize move of BRO’s units to new, locations

only on receipt of formal letter intimating that the move has been authorized by Govt. Only on receipt of

such authority, the move of BRO’s units will take place.

4. Govt sanction to regularize the move of BRO’s units from 25.10.87 to 8.12.87 will be issued by

Secy BRDB separately.

xxxsdxxx

(J.K Misra)

Joint Secretary (G)

Secretary BRDB (Shri N.P. Singh)

DGMO (Lt. Gen B.C. Joshi)

86

No.F.4 (29)/BRDB/60

Govt of Inda

Ministry of Transport & Communications

Border Roads Development Board New Delhi, the 16 Jun 1960

To,

The Director General

Border Roads

New Delhi

Sir,

I am directed to convey this sanction of the President to the raising and maintshance of a

General Reserve Engineer Force for the construction of Roads in the Border areas and such other

tasks, as may be entrusted to it by the Border Roads Development Board. The Force will be composed

of various units covering essential elements for the proper performance of tasks to be executed by it.

2. The members of the Forces will consist of:-

a) Personnel directly recruited there to

and (b) Personnel on deputation from Central Ministries, State Govt, Local Bodies and Corporations

3. The force will be under the overall command of the Director General Border Roads, under

whom will be regional Chief Engineers/Independet Deputy Chief Engineers, whom will, exercise

command over the units of the Fore placed under their control.

4. Govt sanction for the organization and composition of the Force, as will as the terms and

conditions of services of members thereof, will be issued separately.

5. The expenditure involved will be debited to the head of account to which the construction projects

on which the Force is employed, is debatable.

6. Further administrative instructions may issued.

Yours faithfully

xx Sd xx

(SK Mukherjee)

Secretary


87

Copy of the above forwarded to:-

Ministry of Finance (Defence) (10 copies) with reference to their U.O No. BRS/199/dated June,

1960 for Communication to Director of Audit, Defence Services, and Controller General of Defence

Accounts and controllers of Defence Accounts concerned.

Ministry of Defence

Ministry of Transport and Communication

Ministry of Finance (Communications Division)

Copy to:-


Chief of the General Staff (SO 2)

The Adjutant general (AG Coord) (AG/Org /ASO)

The Quartermaster General (Q1)

The Master General of Ordinance (MG/C)

The Military Secretary (Ms Coord)

The Engineer-in-Chief

The Director General, Armed Forces Medical Services.

The Director of Medical Services (DMS-3)

The Deputy Financial adviser (GS)

The Deputy Financial adviser (AG)

The Deputy Financial adviser (O)

The Deputy Financial adviser (W)

The Deputy Financial adviser (Q)

The Deputy Financial adviser (B)

88

‘B’ wing 4th Floor

Sena Bhawan New delhi-110011

Dated , the 20th December 2006

No.BRDB.08/1182008 GE5

To,

The DGBR

Seema Sadak Bhawan Ring Road Delhi Cantt

New Delhi110010

Subject:-Sanction of Posts in Border Roads Organization

Sir,

1 Consequent upon approval accorded by the Cabinet Committee on Security authorizing a

strength of 42646 personnel to Border Road Organization in accordance with the manpower strength

level of 2002 , along with re-structuring of the organization, and in supersession of all the earlier order

issued in that regard, I am directed to convey the sanction of the president of India for restructuring

of the organisation and restoring the strength in the Boarder Road Organization to 42646 as an upper

ceiling details of manpower authorized for units formations in the revamped organization are indicated

in Appendix ‘A’

2 Sanction for inducting 5701 personnel in a phased manner is also accorded. The three year

manpower induction plan beginning from current financial year will be as indicated in Appendix ’B’.

3 Sanction for exempting the BRO from the ambit of guideline issued vide Department of

Personnel & Training ( office memorandum Nov 2/8/2001 dated 16th ay 2001 and dated 6th 18th June

2002) is also hereby accorded.

4. The expenditure involved will be debited to (i) Major Head 3451, Demand No.85 Revenue ( 10

Major Head 8081 030051 Capital Outlay on Road & Bridges Sub Major Head Strength and Border

Roads Minor Head (02 337 Roads works 03 works under BRDB 03.00.53 Major works ground

establishment

5. This is issued with the concurrence of Ministry of Defence (Fin/BR) vide their ID No. I(03)

BRDB/2006(2308/61/ dated 14th Dec 2006.

Yours faithfully xxxsdxxxS.K. Sharma)

(Under secretary of the Govt. of india)

89

Appendix 'A'

EXPECTED WASTAGES AND PROPOSED INDUCTION SCHEDULE OF MAN POWER

Group Requie- Present Actual Deficiency Actual Add Total Proposed Balance Add Total Proposedment Sancti- Holding as per Defici- Wastage Deficiency to be Deficiency Wastage Deficiency to be

Holding oned authori- ency During 2006-07 filled During 2007-08 filledsation 2006-07 duirng 2007-08 during

2006-07 2007-08

A 1536 1049 901 487 635 42 677 280 397 36 433 433

B 2081 1363 1239 718 842 65 907 290 617 70 687 180

C 23180 17989 16734 5191 6446 531 6977 2900 4077 441 4518 3100

D 15849 16544 15074 (-)695 775 659 1434 590 844 563 1407 825

Total 42646 36945 33948 5701 8698 1297 9995 4060 5935 1110 7045 4538

Group Balance Deficiency Add Wastage During Total Deficiecny Propsoed to be filled2008-09 during 2008-09

A 31 31 31

B 507 66 573 573

C 1418 463 1881 1881

D 582 625 1207 1207

Total 2507 1185 3692 3692

90

Appendix'B'(Ref Para 1 of AG Br/MP-2 Note No08176/EST/MP-2 dt 04 Feb 2009)

ALLOCATION OF SELECT RANKS VACANCIES : 2009

LT GENSer No Arm/Servcies Lt Gen(a) Gen Cadre 61(b) Staff 10(c) Arty 2(d) Engrs 3(e) Sigs 2(f) AAD 2(g) ASC 2(h) AOC 2(j) EME 2(k) RVC 1(l) Int 1

Total 88 *

MAJ GEN, BRIG AND COL

Ser No Arm/Servcies Maj Gen Brig Col(a) Armd Cops 16 57 261(b) Inf 120 439 1934(c) Mech Inf 10 34 157(d) Arty 581 182 802(e) AAD 10 38 175(f) Engrs 24 94 433(g) Sigs 16 63 295(h) ASC 11 43 203(j) AOC 8 36 163(k) EME 16 64 300(l) Int Corps 2 13 56

(m) AEC 1 4 35(n) Avn 1 4 27(o) JAG 1 7 19(p) RVC 1 5 38(q) Mil Farm 0 1 7(r) APS 1 4 18(s) PC(SL)Cadre 0 3 29(t) MS Pool 2 5 40

Total 290 * 1096 * 4992 *

Note :-1 Max auth of select rks in 2009 speficied vide Govt of India, Min of Defletter No 18(2)2004-D(GS-I/III)Vol.VI dt 03 Nov 2008.

(a) Col - 4958(b) Brig - 984(c) Maj Gen - 238(d) Lt Gen - 76

2 MS Branch will ensure overall utilisation of select ranks does not exceed numbers specified for2009.

91


(ADG SECTT)

71011/DGBR/149/ADG Sectt 01 Nov 2011

AGENDA POINTS: BRDB MEET TO BE HELD ON 08 NOV2011

1. Reference your Sectt letter No BRDB 10 NO.BRDB/14/26/2011/W&B dated 12 Oct 2011.

2. I would like to bring to your kind notice the following facts:-

(a) Organisation set up of BRDB and BRO (GREF) - Appx ‘A’

(b) Function of Ministry/Department - Appx ‘B’

(c) Composition of BRDB - Appx ‘C’

(d) Present composition of BRDB - Appx ‘D’

3. It is requested that ADGBR, who is the senior-most member of BRES executing work force i.e.

GREF, shall be included in the list of members of BRDB as in the present context it is very essential

that an officer, who is serving this elite force for such a long time would contribute with his experience

to resolve issues which are directly or indirectly affecting work progress and. human resources

management. The Organisation’s efficiency in terms of output and various resources needed to improve

the overall cost effectiveness could be achieved.

4. I would be grateful if this suggestion is made as an agenda point in the coming BRDB meet and

I may be allowed in person to attend the upcoming BRDB meet please.

xxxsdxxx

(Dr. V.K. Yadav)

Addl.DG.

Secretary BRDB

92

Appx ‘A’

Point 1

Organisation set up.

Organisation set up of the Ministry/Department and the Border Roads Organisation

(The information may be shown in the form of a chart supported by short explanatory notes).

Border Roads Development Board:

As the economic development of North and North-eastern border areas of the country was

handicapped by meager and inadequate communication, the Government set up in 1960 “Border Roads

Development Board” in order to ensure co-ordinated, economical and expeditious development of

these communications by partly improving existing primitive roads and partly by new constructions, by

co-ordinating the resources and the effort of various Central and State construction agencies including

the Engineer personnel of the Defence Services. The Prime Minister was the Chairman of the Board

and the Defence Minister the Deputy Chairman. Subsequently, in May, 1982, the Defence Minister was

appointed the Chairman of the Board.

The Board exercise the financial powers of a Department of the Government of India. The

Secretariat of the Board has been given ex-officio Sectt Status in the Ministry of Shipping & Transport.

The Board Sectt is headed by the Joint Secretary to the Government of India. The Defence Secretary

oversees the work of the Board Sectt on behalf of the Chairman.

93

Appendix ‘I’ to Point I


DIRECTORATE GENERAL BORDER ROADS

_________________________________________________________________________________

Projects Base Workshops and General Reserve Engineer Liaison Officer at CalcuttaStores Division Centre and Records, Pune

_________________________________________________________________________________________

Tasic Force Base/Transit dental Units Surgical Unit Postal Unit Signal Section Provost UnitDepot Mobile

________________________________________________________________________________________

Road Field Pioneer Transport Engineer Stores Medical Staging Field Postalconstruction Workshop Companies Platoon and Supply Section Office

Supply Company

________________________________________________________________________________________

Formation cutting Surfacing Permanent Works Road MaintenancePlatoon Platoon Platoon Platoon

⇓ ⇓ ⇓ ⇓

⇓

⇓

⇓ ⇓ ⇓ ⇓ ⇓ ⇓ ⇓

⇓ ⇓ ⇓ ⇓ ⇓ ⇓ ⇓

⇓ ⇓ ⇓ ⇓

94

Appx ‘B’

Point 2

Functions

The functions of the Ministry/Department and the Border Roads Organisation (with a brief

historical background).

Function of the Ministry, Directorate General Border Roads and Chief Engineers are indicated below:


(a) It lays down the policy, programme and priorities for the development of communications

in border areas.

(b) It examines and approve the estimates of individual projects and ensures that they are

planned and executed properly and expeditiously in accordance with the priorities laid

down.

(c) It decides the agency for execution of the projects and prescribe the responsibilities of

such agencies. It coordinates the work of the different agencies.

(d) It approves detailed procedure to be followed for the execution of the projects.

(e) It keeps a watch on the progress of work and arranges for necessary assistance, where

delay occurs or is anticipated.

(f) It approves the various measures required in connection with departmental construction

of projects.

Powers for approval of projects, sanction of work estimate and indents for procurement of

equipment, etc. , have been delegated to various authorities (like Defence Minister, Secretary BRDB/

DGBR) to facilitate timely decision making.

95

Appx’C’

Point 5:


A detailed note on the composition, objectives and achievements of the Border Roads

Development Board since its inception in 1960 giving inter alia, the particulars of new roads got

constructed by it, improvements carried out to existing roads and surfacing of roads done.


(a) Composition :- When set up for the first time in March 1960, the composition of the

Border Roads Development Board was as follows :

(1) Prime Minister (Chairman)

(2) Defence Minister (Dy. Chairman)

(3) Chief of Army Staff

(4) Chief of Air Staff

(5) Lt. Gen. B.M. Kaul

(6) Secretary, Kashmir Affairs

(7) Secretary, Ministry of Transport

(8) Secretary, Ministry of Defence

(9) Consulting Engineer (Road Development)

(10) Financial Adviser, Ministry of Defence

(11) Director General Border Roads

(12) Secretary, Border Roads Development Board

(13) Joint Secretary (G), Ministry of Defence.

The present composition of the Board is as follows:

(1) Defence Minister Chairman

(2) Minister of State in the Ministry of Shipping & Tpt Member

(3) Member-Secretary, Planning ,,

(4) Cabinet Secretary ,,

(5) Chief of Army Staff ,,

(6) Chief of the Air Staff ,,

“C”

(7) Defence Secretary Member

96

(8) Home Secretary ,,

(9) Foreign Secretary ,,

(10) Secretary, Ministry of Shipping and Transport ,,

(11) Financial Advisor, Defence ,,

(12) Engineer-in-Chief, Army HQ ,,

(13) D.G. (R.D.) & Addl. Secretary Ministry of Shipping & Transport ,,

(14) Director General Border Roads ,,


(b) Objectives: The Border Roads Development Board was set up with the objective of

accelerating the economic development of North and North Eastern border areas by

developing border communications. This continues to be the prime objective. The

requirement for new roads in these areas is constantly reviewed and wherever necessary,

new projects taken up.

(c) Achievements of the BRDB since its inception :-

Particulars of new roads constructed, improvements carried out to the existing roads

and searching of roads done up to March 1985 under the BRDB programme are indicated

below :-

(1) Works executed by the BRO to meet Army requirement

(i) Construction of new roads 8059 Kms

(ii) Improvement (Upgradation) of existing roads 6255 Kms

(iii) Surfacing of roads 11465 Kms

(2) Execution of works by the BRO on behalf of other Departments, etc.


(ii) Improvement (upgradation) of existing roads 2124 Kms


97

HeadquartersDirectorate General Border RoadsSeema Sadak BhawanRing Road, Delhi Cantt,

New Delhi-11001071011/DGBR/ 150 /ADG Sectt 01 Nov 2011

Dr Subhash SharmaSecretary BROB‘B’ Wing, 4th FloorSena BhawanNew Delhi - 110011

POSTING OF ACTING RANK BRIGADIER AGAINST CHIEF ENGINEER POST IN SAG SCALE PB4 + GRADE PAY Rs.10,000/- EQUIVALENT

TO JOlNT SECRETARY/MAJOR GENERAL

1. Reference E-in-C letter No 90400/Brig/MISC/EIA dated 21 Oct 2011. The parawise commentson E-in-C’s above letter are appended as under:-

Para -2: Not agreed, because BRO is not a mixed organization as there is only one constructionagency of BRDB i.e., GREF and only one Engineer Officer Cadre of GREF i.e. BRES (Civ) and BRES(E&M), There is no Military Engineer cadre on the strength of GREF. GREF is popularly known as BROand not the Corps of Engineer of Indian Army.

Allotment of GREF Engineer posts was made to the Army Engineers on loan basis to make upinitial deficiency at the time of raising of the department. At no point of time any permanent induction ofArmy Engineers against the vacancy of BRES Cadre officers of GREF has been approved in consultationwith DoPT, who is the nodal agency for formulation of such policy.

Since an Army Engineer officer was initially appointed as DGBR, the Corps of Engineers continuedsending their officer based on past practices, which was adopted as a temporary measure, on one orthe other pretext. Such practice does not construe that GREF is having two Engineer cadres. Thebasic thinking is distorted and is nothing but a deliberate attempt to usurp BRES posts in GREF. Assuch, there is no manning policy approved in 1960 and the manning policy of 1991 was again a temporaryarrangement and do not fit in the present context and discriminatory and has already been recommendedfor review by the committee, which is again being resisted by the Ein- C and DGBR, knowing fully thatthe review will help the organization to grow to its full potential without any effect on the promotionalaspects of Corps of Engineer officers.

Para-3. Agreed. Gazette notification of 12 Feb 2007 is “only for the purpose of disciplinary powersunder Army Act 1950" then why GREF Officers in the post of Chief Engineers and ADGBR are beingdiscriminated for their status of Joint Secretary/Major General and Additional Secretary/Lt General,since GREF has been raised, on the Army pattern and each and every posts in GREF has distinct rankand badges as per their status, responsibility and powers given for the purpose of Army Act 1950.

The similar analogy is also applicable on the observations of Hon’ble Supreme Court judgmentof 1983 in the matter of R Viswan Vs UOI, where the apex court had held that GREF and member ofGREF are integral part of the Armed Forces for the purpose of Article 33 only. Nowhere Hon’bleSupreme Court has ever held that GREF is an integral part of regular army and Corps of Engineersofficers should be taken on loan to fill the promotional posts of BRES cadre.

Para4: Not agreed. By quoting such order of precedence without reference to any GazetteNotification, E-In C has crossed his jurisdiction and shown that the Military establishment do not respectcivilian rules and regulations and the established hierarchy. Such loose statement is not expected from

98

a senior Military officer who has also held the post of DGBR and knows that India is a democraticcountry not under the Army law.

Para- 5. Agreed. The E in C has accepted that Corps of Engineer is sending Colonels on local rankof Brig to occupy the Chief Engineer posts in GREF, which is equivalent to Major General. This stand ofE in C has strengthened that 24 number of Major Generals authorized to Corps of Engineers do notcater Chief Engineer post vacancies of GREF. Hence Corps of Engineers will never be able to provideMajor Generals to GREF against the Chief Engineer posts. Occupation of higher posts by lowerfunctionary is against the advice of DoPT as it leads to financial and functional problems. Theadministrative ministry i.e. Sectt BRDB should take note of such revelation and justification given by E-In C to take corrective measures to reduce the feeling of discontentment and discrimination amongstthe BRES cadre officers.

Para-6: Not agreed. The statement shows that Chief Engineer posts in GREF are separate entityand has its own functional and financial power. The post has to be held by an officer in the Grade Payof Rs 10000/- in Pay Band PB-4. Any deviation will amount to playing with the rules and would beviolation of DOPT OM No. 39036/02/2007. Estt (B) dated 14 Nov 2008 (copy enclosed). Theadministrative Ministry i.e. Sectt BRDB has to take appropriate action to uphold the rules of law in thepublic appointment.

Para7. Not agreed. By making such a statement, E-In C Lt Gen MC Badhan: also Ex-OGBR hasproved that that DPC for Chief Engineer and ADG posts are deliberately being delayed so that theCorps of Engineers can justify sending Colonel in the acting rank of Brigadiers to occupy Chief Engineerposts. Such illogical and irrational mind set should not be allowed to perpetuate to safe guard the rulesand regulation and to avoid discrimination of BRES cadre officers.

Para 8. Not agreed. It is a fact that BRES cadre officers are being denied their timely promotionsto justify holding of Chief Engineer posts of the level of Major General by Colonels, which is discriminatoryand sending wrong signal to the environment and creating functional problems in the organization andneeds to be corrected. It is high time that the Cadre controlling authority should take appropriate actionso that the DPC could be held in time bound manner and the false perception of E in C about theofficiating arrangement by BRES officer at CE posts could be neutralized. This will send correct signalsto the BRES cadre and over all functioning of the organization will improve.

Para 9. Not agreed. It is clear that Corps Officers, E-In C and DGBR are working with myopic viewtaking advantage of their position and influence, spreading false and misleading information in thehierarchy and working in self mode rather then giving priority to the Govt. policy, rules and regulation.The live example of which is non-implementation of re-structuring of BRO approved by CabinetCommittee on Security in Sep 2006.

Para- 10. Not agreed. This shows that there is urgent need to carryout DPC of CE and ADG postsand to implement the CCS approval so that the Govt. priority and challenges being faced in completionof important roads including ICBR and PM package could be met within the stipulated time and costwithout compromising quality.

It is requested that the induction of loan army officer in the BRES service may be reviewed assuggested by the manning policy committee so that the CCS approval for BRO restructuring could beimplemented to meet the challenges of making priority roads. Only officers holding analogous postsare taken on loan from the Army, if needed so.

Enel : As above

xxxsdxxx(Dr. V.K. Yadav)Addl DGTransparency Officer

99

No. 3903ft/OZ/2007-Estt(B)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Deihl, 14th November, 2008

OFFICE MEMORANDUM

Subject.- Reporting of ad-hoc appointments to the Union Public Service Commission

(UPSC) - regarding.

The undersigned is directed to refer to this Department’s OM of even number dated 05th

December, 2007 (copy enclosed) wherein all Ministries/Departmsrrts were requested to comply with

Regulation-4 of the UPSC (Exemption from Consultation) Regulations, 1958, which provide that if a

temporary or officiating arrangement made by ad-hoc appointment to a post falling within the purview

of the UPSC is likely to continue for a period of more than one year from the date of appointment, the

Commission shall immediately be consulted in regard to filling up of the post. For this purpose the

Ministries/Departments are required to furnish monthly and six monthly returns to the Commission

showing all such Group ‘A and ‘B’ Gazetted appointments and promotions made without reference to

the Commission, as emphasized in this Department’s OM I No. 39021/1/94-Estt (B) dated 22nd July,

1994 (copy enclosed).

2. The Commission has written to this Department that while some of the Ministries/Departments

have been sending the prescribed returns, the same is not forthcorning from most of the Ministries/

Departments as a result of which the Commission is finding it difficult to monitor the ad-hoc’ appointments

being resorted to by various Ministries/Departments without consulting the Union Public Service

Commission.

3. All Mtnlstries/Departments are again requested to ensure that the requisite returns are furnished

to the Union Public Service Commission (UPSC) as per the time schedule prescribed.

xxxsdxxx

(CA. Subramanian)

Director

Te~ : 011-23093180

To

All Ministries/Departments, Government of India as per standard list.

Copy to:

1. The Secretary, UPSC, Dholpur House, New Delhi.

2. All Joint Secretaries in Department of Personnel and Training, New Delhi.

3. Website Section, NIC, Department orPersonnel and TrainiHg. New Delhi.

4. Facilitation Centre, Department of Personnel and Training, North Block,

New Delhi (5 spare copies)

5. 50 spare copies.

100

No.29 (10) EO/2011(ACC)

Government of India

iv1inistry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

(Office of the EstablishmentOfficer)

North Block, New Delhi

Dated: 24.10.2011

OFFICE MEMQRANDUM

Subject:- Timely submission of ACC proposals.

The undersigned is directed to state that the ACC has expressed concern that many Ministrles/

Departments are not sending the proposals requiring ACC approval two months in advance of the date

of occurrence of vacancy, as per the extant instructions issued vide DOPT OM No.26(3)EO/2004(ACC)

dated 17 Aug 2005 (Copy enclosed). This is leading to many of the top level posts in various Organisations

lying vacant for a long time adversely affecting administrative governance.

2. This delay on the part of the Mlnistries/Departments in submitting the ACC proposals; has

been viewed seriously by the ACC. It is advised that all the Ministries/Departments may kindly

scrupulously adhere to the instructions referred above in submitting the proposals requiring ACC

approval to this Department at least two months in advance of the occurrence of vacancy.

3. It is further stated that in case a proposal gets delayed due to some unforeseen circumstances,

the same may be accompanied along with a delay statement giving full justification for not submitting

the proposal for approval of ACC within the stipulated time.

xxxsdxxx

(Chetan Prakash Jain)

Director (ACC)

Tele:23092272

To

All the Secretaries of the Ministries/departments/establishments of Govt. of India.

101

INTEGRATED HQ OF MoD (ARMY)

ENGINEER-IN-CHIEF’S BRANCH (E1A)

POSTING OF OFFISERS AS CHIEF ENGINEER IN THE

LOCAL RANK OF BRIGADIER

1. Refer your letter No 117/JS(BR)/Aug/2011 dated 13 Oct 11.

2. BRO is a mixed organization consisting of both military and GREF officers, both being managed

separately, but tenanting specific appointments earmarked as per Manning policy. Both cadres have

varying cadre management policies and their terms and conditions are also totally different, starting

with ages of commission/ appointment, promotional prospects, retirement ages, etc.

3. The Gazette Notification dated 12 Feb 2007 has also been interpreted differently and the matter

dragged even to the courts. While the army views it as merely an equivalence bestowed between

military and civilian officers for the purpose of disciplinary powers under Army Act1950, based on

judgement of Hon’ble High Court in Writ Petition No 1945/2007 Nagender Singh Vs UQI, the GREF

officers view it as accepted equivalence ranks

4. The Order of Precedence issued by Govt of India brings out the correct equivalence which is

tabulated below :-

Mil Posts Civ Posts

(a) At Ser No 33 Cols Chief Engineer

(b) At Ser No 38 Lt Cols Superintending Engineer

(c) At Ser No 42 Majs -

(d) At Ser No 44 - Executive Engineer

5. Not with standing the above, the precedence of posting military officers as CEs Project, in the

local rank of Brigadiers has been in existence for a number of years. Since 01 Jan 2004, there have

been 23 such postings issued, which have never been questioned earlier, except in the case of the last

two postings ie. to CE (P) CHETAK and CE (P) PUSHPAK (list attached as Appendix). Moreover, these

officers who have been placed as Chief Engineers, have been approved by the MoD for the Acting rank

of Brigadier and hence the question of comparing them with Superintending Engineers is unwarranted.

6. As already brought out earlier, the cadre management of both cadres is different. As a norm, all

officers though approved for the acting rank of Brigadier, are initially placed as local Brigadiers and

subsequently in due course of time, given acting rank from a previous date by cross checking and

ensuring that no officer senior, in any arm or services and not exclusively of the Corps of Engineers, is

left out from the acting rank. This is an internal cadre management policy of the Army. However, there

is no difference between local, acting and substantive ranks as far as tenanting appointments are

concerned.

7. Your attention is also drawn to the fact that there are a number of GREF officers as under, who

though are were SEs, have been officiating as CEs in various projects

102

S Name Period of Officiating Appoint- RemarksNo From To ment being

officiated

(a) Sh IR Mathur, SE 20 Feb 09 Till dt CE (P) Deepak DPC for CE not held.(b) ShPK 04 Mar 10 29 Jul11 CE (P) Roltang Officiated even when

Mahajan, SE Tunnel Project result of OPC for CEnot declassified, tilltaking over as CE.

(c) Sh SK Singh, SE 07 Mar 10 01 Aug 11 CE (P) Hirak Officiated as CE eventhough no OPC of CEI held. Officer I postedout since 02 Aug 11

(d) Sh PO Arora, SE 30 Jun 11 29 Jul11 CE (P) Bhramank Officiated even when (new raising) result of OPC for CE

not declassified, tilltaking over as CE.

(e) Sh KK Rajdan, SE 10 Jun 10 Till date CE (P) Setuk Even though officerapproved as Brig is inthe same office, Sh KKRajdan is officiatingwithout being approvedas CE.

(f) Sh UC Mehta, SE 01 Aug 11 Till date CE (P) Officiated as CE thoughSampark no DPC of Ce held.

8. Hence denying the same appointment to an army officer, who has been duly approved for thenext rank of Brigadier by the MoD, is not in order and such decisions send wrong signals to theenvironment and are detrimental to the functioning of the organization.

9. In view of the above, it is felt that such situations created by certain officers with a narrow mindand petty approach are nipped in the bud, lest it leads to long term repercussions.

10. It is understood that Brigadier Jairam Kumar has since taken over as CE (P) PUSHPAK. It isalso strongly recommended that order passed vide BRDB letter No BRDB/06/35/1990/GE-1 dated 30Sep 11 for Col KC Panchanathan not to take over CE (P) CHETAK, be reviewed keeping in mind thehistorical perspective, precedence and healthy working atmosphere in an important organization dealingwith construction of strategically important roads. In case our proposal is not accepted, there may bea case in point to consider moving out all officers of GREF who are officiating as CE Projects immediately:

xxxsdxxx(MC Badhani)Lt GenE-in-c

Dr Subhash SharmaSecretary BRDB

Copy to :

MSDGBR

103

Appendix

LIST OF OFFRS POSTED TO BRO WITH LOCAL RK

Ser IC No Rank Name Posted to MSBranch PostingNo Order No1. IC-36711 Col S Narasimhan CE (P) SEWAK 388590/MS(Brigs)/01 dt

01 Jan 042. IC-30686 Col MA Naik, SM CE (P) HIMANK 388676/MS(Brigs)/34 dt

16 Mar 04 .3. IC-34687 Col SS Dasaka CE (P) BEACON 388524/MS(Brigs)1145 dt

05 Nov 044. IC-34737 Col KP Singh CE (P) DEEPAK 3885311MS(Brigs)/148 dt

11.Nov 045. IC-34341 Col NRK Babu CE (P) HIMANK 388718/MS(Brigs)121 dt

06 Feb 066. IC-38625 Col BD Pandey CE (P) SEWAK 388718/MS(Brigs)121 dt

06 Feb 067. IC-39410 Col D Palit CE (P) HIMANK 388855/MS(Brigs)173 dt

15 May 068. IC-39843 Col AK Bhutani CP (P) BEACON 388791/MS(Brigs)/42 dt

13 pr 079. IC-37794 Col JK Narang CE (P) DEEPAK 388823/MS(Brigs)/62 dt

18 May 0710. IC-38388 Col Rajesh Tyagi CE (P) DANTAK 388566/MS(Brigs )1119 dt

08 Aug 0711. IC-38657 Col US Dadu CE (P) SAMPARK 388700/MS(Brigs)/182 dt

20 Dec 0712. IC-39488 Col Arun Kumar CE (P) HIMANK 388516/MS(Brigs)/98 dt

16Jun0813. IC-39581 Col Balraj Singh CE (P)SEWAK 388516/MS(Brigs)/98 dt

16 Jun 0814. IC-4t814 Col Deepak Sharma CE (P) ARUNANK 388702lMS(Brigs)1180 dt

26 Nov 0815. IC-40826 Col SK Tiwari CE (P) SAMPARK 388563/MS (Brigs)/91 dt

16 Jul 0916. IC-41169 Col SK Grover CE (P) SHIVALIK 388813/MS(Brigs)/18 dt

09 Feb 1017. IC-41220 Col R Sawhney CE (P) SWASTIK 388813/MS(Brigs)/55 dt

21 APr 1018. IC-41464 Col TPS Rawat CE (P) BEACON 388625/MS(Brigs)/116 dt

02 Aug 1019. IC-41266 Col MH Razvi CE (P) HIMANK 388783/MS(Brigs)/197 dt

03 Dec 1020. IC-41915 Col Rohit Kapoor CE (P) VARTAK 38829/MS(Brigs)/223 dt

28 Dec 1021. IC-41994 Col Arun Joshi CE (P) SEWAK 38829/MS(Brigs)/223 dt

28 Dec 1022. IC-42775 Col Jairam Kumar CE (P) PUSHPAK 388753/MS(Brigs)/106 dt

30 Aug 1123. IC-42796 Col KC Panchanathan CE (P) CHETAK 388753/MS(Brigs)/106 dt

30 Aug 11

104

HeadquartersDirectorate General Border RoadsSeema Sadak BhawanRing Road, Delhi Cantt,

New Delhi-110010

71011/DGBR/XY /ADG Sectt 24 Nov 2011

Shri VK Nayal

Under Secretary (R)

Cabinet Secretariat

Bikaner House Annexe

Shahjahan Road

New Delhi

Dear Shri Nayal Ji,

EQUIVALENCE BETWEEN CIVILIAN ANDARMY OFFICERS

1. I am holding civilian post in HAG pay scale since 17 Nov 2009, but my department is not following

the equivalence between Civilian and Army officers notified vide your office letter No 15212/80-00 II

dated 11 Jan 1991. As such, I request you to provide a copy of ibid letter along with copies of further

correspondence on the subject, if any, so as to enable me to take up case with my department to follow

laid down policy in the matter.

2. An early action in the matter will go a long way in settling the long pending issue.

with warm regards

xxxsdxxx

(Dr. V.K. Yadav)Addl. DG

105

HeadquartersDir Gen Border RoadsSeema Sadak BhawanRing Road, Delhi CanttNew Delhi-11 0 010

71011/DGBR/160/ADG Sectt. 20 Dec 2011

Sectt BRDB4th Floor, ‘B’ WingSena BhawanNew Delhi

FRAMING OF GREF ACT 2011

1. Reference your Sectt OM F. No. BRDB/03/191/2007/GE-1 dated 02nd Dec 2011 addressed toGREF Chief Engineers for offering their views on the draft GREF Act 2011.

2. There are certain misplaced information and wrong statements in the above OM which arehighlighted as under:-

Para 2 of OM

The draft GREF Act submitted by undersigned vide letter No 71011/DGBR/132/ADG Sectt dated31 Jan 2011 is not the same draft circulated vide your above OM, therefore the circulated draft GREFAct does not have the consent of undersigned as Chairman of the Board of Officers. The draft GREFAct submitted by undersigned is enclosed.

Para 3 of OM

In this Para statement like “GREF being declared as a Part of the Indian Army and that is whyGovt. of India has given certain concession to the GREF employees and once the GREF act is formulatedthese concessions will not be allowed to GREF” is totally false and do not match with the Govt. orderson these issues. It is clarified that Govt. of India has declared GREF an integral part of Armed Forcesfor the purpose of Article 33 only to abrogate the right of GREF employees; such as forming anAssociation, Union, Demonstration and Strike. Sectt BRDB letter No F.81(1)/64-Estt/70463/DGBR/E2A(T&C) dated 14th Aug 1985 is enclosed.

3. It is requested that the OM may be amended suitably and draft GREF Act submitted byundersigned vide letter No 71011/DGBR/132/ADG Sectt dated 31 Jan 2011 may please be forwardedto the Chief Engineers (GREF) for their comments.

4. It is also requested that legal experts may be hired to finalise the GREF Act at the earliest.

xxxsdxxx(Dr VK Yadav)Addl DGBRChairman GREF Act Committee

Encl : As above

106

No.F.81(1)/G4-ESTT/70463/DGBR/E2A(T&C)

Government of India

Border Road Development Board

‘D’ Wing 4th Floor, sena Bhawan

New Delhi-11, the 14th August, 1985

To,

The Director General Border roads

Kashmir House,

DHQ FO New Delhi-110011

Subject: Status of General Reserve Engineer Force

Sir,

The Matter regarding the status of General Reserve Engineer Force has been under

consideration of the Govt. for quite some time . This question was considered by the supreme Court in

the writ petition case of R Viswan and others vs Union of India and others. After examination of all the

aspect for this matter the court came to the conclusion that “GREF is an integral part of Armed Forces”,

for the purpose of Articale 33 of the Constitution of India.

2. Accordingly the President is pleased to declare General Reserve Engineer Force to be an

integral part of Armed Forces of India. This issues in consultation with Ministry of law and Judge/

advocate General, Army Headquarters.

Yours faithfully

xxxsdxxx

(G.P. Mohanty)

Deputy Secretary to the Govt of India

107

F.NO. BRDB/03/191/2007/GE-I

GOVERNMENT OF INDIA

MINISTRY OF ROAD TRANSPORT & HIGHWAYS


‘B’ WING, SENA BHAVAN

NEW DELHI

the 2nd December, 2011

OFFICE MEMORANDUM

SUBJECT:- FRAMING OF GREF ACT,2011

The undersigned is directed to say that the 6th Central Pay Commission vide para 7.3.9.6

had stated that “General Reserve Engineer Force (GREF) is the force created to execute the

various road construction programmes under BRO. The force comprises personnel recruited

directly as well as deputationists from the civilian departments and Defence Forces. Members of

GREF are governed by CCS Conduct Rules and are also subject to certain provisions of Army

Act, 1950 and Army Rules, 1954. The members of GREF are governed by CCS rules but

allowances applicable to other Central Government Departments are not automatically extended

to them. The force has neither the benefits of pay structure and allowances applicable to civilians

nor those applicable to Defence Forces. The disciplinary matters are dealt under two sets of

rules - Army Act, 1950 and CCS (CCA) Rules, 1965. It is open to the disciplinary authority to

proceed under either set of rules which is confusion and there is a strong possibility of misuse.

Further a GREF Chief Engineer cannot exercise disciplinary powers over any Army person. This

hampers efficient fynctioning. For proper administration and to clear any ambiguity over status,

framing of the GREF rules is essential. The Commission, therefore, recommends that separate

rules to regulate service conditions of GREF personnel may be formulated by the Government at

the earliest. The Commission is not recommending Defence Forces status for GREF personnel

as it has repercussions on applicability of Article 311 of the Constitution which does not apply to

persons in defence service but affords protection against’ dismissal, removal or reduction in

ranks of persons employed in civil capacities under the Government.”

2. Accordingly, a draft GREF Act has been formulated by a Board of Officers headed by Dr.

V. K. Yadav, ADG (BR). A copy of the draft is enclosed. You are requested to carefully go through

108

the draft and suggest modifications if any keeping in view the ground realities and all likely

repercussions on the service conditions of GREF officers and subordinates if the enclosed Act

is brought into force.

3. It is, however, mentioned that the pay commission was not correct while making the

statement that members of GREF do not enjoy benefits of pay structure and allowances applicable

to civilians. As a matter of fact the pay structure and allowances applicable to civilians are

admissible to GREF staff. In addition they are also getting certain benefits due to GREF being

declared as a part of the Indian Army like getting freeration, CSD Canteen facility, clothing I cash

in lieu-of clothing, one voucher with 50% concesssion for travelling by train to home town in

emergency condition once in a year at per with army officers, Siachen allowance, Hard area

allowance, special compensatory hiil area allowance, PG allowance for medical officers, special

remote area allowance, enhancement in earned leave and medical leave, FRMO allowance, etc.

There are some allowances which are not applicable to army officers but GREF officers are

entitled to these allowances such as special allowance for north-eastern region I package for

north eastern concessions. In case GREF Act is formulated the equivalence with Indian Army

cannot be claimed and some of the benefits which have been granted to GREF being part of the

Indian Army may have to be withdrawn. As such you are requested to furnish your considered

views in the matter immediately to enable the BRDB Sectt. to process the matter further.

xxxsdxxx

(Shashi Prabha Munjal)

Deputy Secretary to the Govt. of India

Tel. No. 23012726

All the Chief Engineers of BRES (As per list enclosed)

Dte.GBR.

109

DTE GEN BORDER ROADS(ADG SECTT)

71011IDGBRI 16/IADG Sectt 23Feb 2012

HOLDING DPC FOR 2012·2013 FOR ADG, CE AND SE(CIVIL) POSTS ANDUPGRADING COMMANDANT GREF CENTRE AS PER CCS APPROVAL

1. Cabinet Committee on Security has approved the upgradation of the post of CommandantGREF Centre to the rank of Chief Engineer in Dec 2006. Commensurate to this upgradation, 05 NosSE posts have also been increased at GREF Centre.

2. In restructuring approved by CCS, BRDB Secy provided following vacancies for GREF civilengineering cadre ADG 2, CE 14 and SE 66 against which ADG 1, CE 8 and SE 62 are held. However,due to incomplete restructuring, the vacancies are further restricted. At present, DPC for the totalvacancies which needs to be filled up in 2012-2013 is ADG 1, CE 6 (1 chain vacancy+ 5 clear vacancies),SE 13 (7 chain vacancies + 5 clear vacancies in GREF +2 deputation+2 retirement = 16 - 3 surplus =13). Pers Dte has initiated DPC for ADG 1, CE 4 (against 6 vacancies) only and nothing has been doneso far against the 13 vacancies in the Grade of SE. In fact Army is not able to provide 22 Colonels,hence DPC for 13 + 22 = 35 SEs should be held as per details given below:-

Posts Total Allotted to Held by Deficiency Net RemarksArmy/GREF Vacancy ofDPC due Posts for

GREFDPC

GREF Army GREF Army GREF Army

Addl DG 2 2 0 1 0 1 0 1Chief Engr 28 14 14(Sanctionedby CCS)

Chief Engr 24 12 12 9 12 4 0 4+1+1 1 Chain vacancy &Restricteddue toI =6 1 For GREF Centre.incompleterestructuring

Supdt. Engr 146 66 80(Sanctionedby CCS)

Supdt. Engr 129 59 70 62 48 -3 22 -3+5+2 3 Surplus, ChainRestricted +2+7 vac(7), Clear vac (5),due to Retirement(2),incomplete = 13 Deputation(2) ,restructuring

+ 22 For Defi of ArmyCols(22)

= 35Total = 35

110

Officers due for promotion are being denied by ignoring and delaying DPC. Officers are feeling

low and it is affecting their morale, financial benefit and status as well as pension benefit also.

3. It is well on record that all DPC proposals have to be initiated at least 2 to 4 months in advance

but it seems an unrealistic time frame for the officer dealing with such an important issue. BRO is

suffering from shortage of officers and most of the talented young officers leaving the organization due

to grim promotional prospects.

4. It is high time that Pers Dte should take up DPC issue and clear all pending issues related to

DPC within two weeks time so that the legitimate promotional’rights of all cadres including BRES are

made available to them in time bound manner as per the Govt. of India policy without any further

discrimination and delays.

5. In Army nearly 11000 officers are short but none of the deficiencies is in Select Rank of Colonel,

Brigadier, Major General and Lt General. Then how HQ DGBR can deny promotion to the AEEs and

other officers in the chain of promotion to EE, SE and CE on the pretext that intake at AEE level is very

slow.

6. DDG (Pers) is requested to act forthwith and put up a note giving factual position of DPC of all

posts accordingly.

xxxsdxxx

(Dr VK Yadav)

AddlOGBR

DDG (Pers)

111

No.22011/InOll-EstL(D)

Hkkjr ljdkjGovernment of India

dkfeZd] yksd f'kdk;r rFkk iSa'ku ea=ky;Ministry of Personnel, Public Grievances and Pensions

¼dkfeZd vkSj izf'k{k.k foHkkx½(Department of Pensonnel & Training)

LFkkiuk ¼?k½ Establishment (D)

ukWFkZ CykWd] ubZ fnYyhNorth Block, New Delhi

Dated: 11.03.2011

OfFICE MEMORANDUM

Subject: Procedure to be observed by the Departmental Promotion Committees

(DPCs) - Model Calendar for DPCs and related matters - Regarding.

The undersigned is directed to invite reference to the Department of Personnel and Training

Office Memorandum No.22011/5/86-Estt(D) dated 10.04.1989 containing consolidated instruction on

DPCs. These instructions interalia provide that the DPCs should be convened al regular intervals (by

laying down a time-schedule for this purpose) to draw panels which could be utilised for making

promotions against the vacancies occurring during the course of a year, This enjoins upon the concerned

authorities to initiate action to fill up the existing as well as anticipated vacancies well in advance of the

expiry of the previous panel by collecting relevant documents like Seniority List, Annual Confidential

Reports (ACRs). etc, for placing before the DPCS.

2. The above instruction have been reiterated vide this Department’s O.M. No.22011/9/98-Estt(D)

dated 8.9.1998. In these instructions, it has been further stated that delays in promotions result in

considerable frustrations amongst the officers, thereby adversely affecting their morale and overall

productivity. As a remedial measure, it has been suggested that all Ministries/Depertments provide for

a time schedule for convening DPCs was prescribed with the objective of ensuring that the prepared

panel is utilized as and when the vacancy arises during the course of the veeancy year. It has been

prescribed that in all cases requiring approval of ACC, administrative action for convering DPCs is

initiated at least 8 ½ months before the commencement of the vacancy year and that DPCs are held

at least 4 months before the commencement of the vacancy year. In other cases where approval of

ACC is not required, it has been prescribed that DPCs should be held at least two months before the

commencement of the vacancy year. A model calendar was also prescribed for DPCs. It was expected

that this time frame will be followed in letter and spirit for all DPCs,

3. Instances have come to the notice of this Department where DPCs are not being held in advance

of the vacancy year as per the prescribed schedule. Delays in holding of DPCs not only affect the

112

manpower planning in various Ministries/Departments, but also impede the career progression across

the Board. Administrative delays in holding of DPCs have been viewed adversely by the Courts and is

the main reason for litigation before CAT and Various High Courts.

4. Non-adherence to time frame of DPCs is a matter of serious concern to the Government.

Hence, all concerned cadre controlling authorities are once again counseled to ensure strict adherence

to the model calendar for the DPCs as circulated vide this Department’s O.M. dated 8.9.1998. Wherever

DPCs are yet to be held for the vacancies arising in the year 2011-2012, the same may be completed

by 31.3.2011 and for future vacancy years. The time frame referred to in Para 2 above may be strictly

complied with.

5. All Ministries/Departments are also advised to immediately nominate an officer of the level of

Joint Secretary as the designated authority for ensuring timely holding of DPCs and to certify adherence

to the model calendar for all DPCs in the Ministries/Departments.

6. Hindi version will follow.

xxxsdxxx(Smita Kumar)Director (Establishment-I)

To

All Ministries/Departments of the Government of India

Copy to:-

1. The President’s Secretariat, New Delhi.

2. The Vice-President’s Sectt, New Delhi

3. The Prime Minister’s Office , New Delhi

4. The Cabinet Secretariat, New Delhi

5. The Rajya Sabha Secretariat, New Delhi

6. The Lok Sabha Secretariat, New Delhi

7. The comptroller and Audit General of India, New Delhi.

8. The Secy, Union Public Service Commission, New Delhi

9. The Staff Selection Commission, New Delhi

10. All attached offices under the Ministry of Personnel, Public Grievances and Pensions

11. All Officers and Sections in the Department of Personnel and Training.

12. Establishment (D) Section, DoP&T (50 copies)

13. NIC for updation on the website.

******

113

HeadquartersDir Gen Border RoadsSeema Sadak BhawanRing Road, Delhi CanttNew Delhi-110 010

71011/DGBR/162/ADG Sectt \9 Mar 2012

SecretaryBorder Roads Develcpment BoardSena BhawanNew Delhi

REPATRIATION OF CORPS OF ENGINEER OFFICERSFROM PROJECT DANTAK IN BHUTAN TO MINIMISE

FINANCIAL BURDEN ON BRO/GREF

Sir,

Border Roads’ GREF Employees are working in tough working conditions through out theirlives facing inhospitable terrain. Therefore, to compensate their hardship only Bhutan foreign assignmentis available to them, which has been hijacked by NDA officers whose technical qualification is muchinferior to GREF officers. Since the head of the organization BRO is also an Army officer from NDA, heis found guilty of posting of 19 Army officers in attractive Bhutan posting against only 17 GREF officers.

Manpower is a very important resource which cannot be created overnight and Army has spentlot of money and effort in grooming and training their officers and personnel. Many of them, withconnections in higher ups i.e. E-in-C’s Branch and MS-12 are deliberately avoiding field duties andmanaging postings continuously in GREF, MES and DRDO.

Since employment of Civilians is a less costly proposition than that of Combatants, there is aclear case for exploring the possibility of civilianization of posts in static, rear and administrative supportorganizations and workshops of GREF.

2. Disparity of Posting in Foreign Assignment Project Dantak in Bhutan has only 17 GREF officersand 19 Army officers posted inside Bhutan for financial advantage, without approval of Cadre ControllingAuthority, Secretary Border Roads Development Board, denying this opportunity to GREF officers.Whereas, in Non-BCA Area of Project Dantak, 03 Army officers and 12 GREF Officers are managingequal workload. Present strength is appended below:-

FOREIGN ASSIGNMENT

UNIT Army Officers GREF Officers

HQ CE (P) Dantak Brig S Radhakrishnan JD (Adm) S Suresh Kumar

Col Sanjay Kumar EE (C) Rakesh Chopra

Lt Col Dominique D Lazarus EE(C) DN Dahat

Maj (Dr) Rajeev Deo SE(M) Pankaj Bhatnagar

Capt (Sigs) SP chayal AEE(C) KKR Babu

Lt Col Vijayan C (Postal)

Maj (Dr) Arun Kumar (Dental)

19 BRTF Col LK Jaggi SAO KP Chaudhury

Lt Col Anup Gautam EE(C)IN Prasad

114

Maj Amit Kumar AE(C) Ravindra Singh

Lt Col Vinod Mehta AE(C) C Mohanadas

102 RCC Maj SS Babu MOlD Chakraborty

Capt AK Gupta AO PB Wagalgave

Capt Anoop Joshi

60 RCC Lt Col Parikshit Mehra AE(C) GK Risikon

Capt Mahesh Verma AE(M) K Gunasekhar

AE (C) Susheel Kumar

63 RCC Capt Minaz Ahmed EE(C) AK Dutta

Capt sAR Godse AE(C) BRPRamji

LtCol (Dr) VB Shukla AE (C) AK Singh

Total - 19 Army Offrs Total 17 GREF Offrs

FOREIGN ASSIGNMENT (P) DANTAK : ARMY&GREF OFFICERS (BCA)

Category of Offrs Held Posted in Percentage Annual Cost/offrBCA (in lacs)

GREF Offrs 901 17 17/901 = 1.8% Rs. 7,74,972/-

ARMY Offrs 352 19 19/352 = 5.3% Rs. 12,57,612/-*

*Foreign Allowance/SCA for Army officers i.e. 19 x 12,57,612 = 2,38,94,628 is paid out of MaintenanceFunds of Roads, resulting in poor quality of Roads in Foreign country.

NON-BHUTAN COMPENSATORY AREA IN PROIECT DANTAK

UNIT Army Officers GREF Officers

47 BRTF SE(C) DP Sharma

EE(C) Gautam Bania

AEE(C) NR Chowdhury

SAO Sohan Lal

MO-I T Subramanyam

64 RCC Maj MC Kondikar AEE(C) KK Agarwal

Capt Udaivir

1056 Fd Wksp EE(M) Gautam Naug

AEE(M) RS Rawat

AEE(M) KS Rawat

AEE(M) Naresh Kumar

529 SS&TC Lt Col Saurabh Mishra AO AKV Nair

Legal Offr RLC JD(Admn) TG Manickam

Total - 03 Army Offrs Total- 12 GREF Offrs

Workload inside Bhutan and in Non-Bhutan Compensatory Allowance Area of Project DantakTarget 2012-13

115

Srl No Item Target BE 2012-13

BCA Non-BCA Total

1. Formation 45.28 Km 1.91 Km 47.19 Km

2. Surfacing 71.95 Km 42.40 Km 114.35 Km

3. Major Bridges 35.65 M 0 35.65 m

4. Financial * 97.75 cr* 29.11 Cr 126.86 Cr.

5. Pmt Works 2016 .77 Lacs* 1064.38 Lacs 3081.15

* BCA component is very high so cost is more for similar amount of Pmt Works.

For similar amount of achievement in Project Dantak, 86% Army Officers and only 58% ofGREF officers are posted in Bhutan:-

SrI. No Total No. of Army/GREF % offrs in Bhutan % Offrs in Non-Offrs held (BCAArea) BCA

51

l. Army Offr - 22 19/22 = 86% 03/22 = 13.6%

2. GREF Officer - 29 17/29 :::: 58% 12/29 = 41%

Therefore only 17 GREF officers in Bhutan can achieve this target and all 19 Army officersposted inside Bhutan are surplus and being sent there only on favouritsm by the Army for the Army inthe civilian organization of General Reserve Engineer Force having cadre controlling authority Secretary,Border Roads Development Board, is not at all consulted.

3. History of Taking Manpower on Loan From Army

BRO/GREF was raised as a temporary establishment in 1960. In the beginning, due to temporarystatus of GREF and initial shortage of officers and personnel, some officers and personnel from Army,Navy and Air Force, personnel belonging to Ministry of Central, State Governments, local bodies,Corporations etc were taken on loan.

BRO/GREF was a temporary department till 1976 and it became permanent in 1977. Theofficers and personnel of Navy and Air Force loaned to BRO/GREF have already gone back. Officersfrom Corps of Engineers of Indian Army are still loaned to GREF department.

In their attempt to cling on to the position and usurp important command positions in BRO/GREF, Army/Corps of Engineers have violated the DOPT guidelines and rules of an organized servicecadre.

Secretary BRDB has become a mute spectator to the scheming of Corps of Engineers.

4. Financial Load on GREF by Corps of Engineer Officers of Army

Salary and all other expenditure is paid, for Army officers imported on loan, from the Budget ofBorder Roads Development Board on capitation rate of Rs.10,09,037 each per annum. There are 352Nos Army officers in BRO in spite of BRO/GREF becoming a permanent civilian organization likeRailways, CPWD and MORTH. Their salary equal to Rs. 35,51,81,024 in 2011/12 will be paid by BRO,depriving GREF officers of their career prospect/promotion avenues.

Vice Chief of Army Staff Lt Gen SK Singh is aware that there is no fund, no work load to keepsuch a large contingent of officers.

In spite of that selection for Commander 19 BRTF/Colonel (Works) in Bhutan was done in MS

116

Branch in-which Vice Chief of Army Staff, Offg Dy Chief of Army Staff, Military Secretary, Addl MilitarySecretary, Adjutant General and Lt Gen S Ravishankar, Director General Border Roads were present.Hon’ble Raksha Mantri has advised vide DO No. BRDB/12/44/2011/ PC-325/GE-I/2’aO-F/RMI2012dated 23rd Jan 2012 saying that :-

“The Chief of Army Staff has been advised by the Defence Secretary to have consultation withthe cadre controlling authorities of BRO before posting an officer to BRO”.

This advice has been violated in the very first instance, by not inviting Secretary BRDB in theselection process nor any GREF officer/DDG (Pers) HQ DGBR was present during selection forposting in Bhutan, where Army Officer in any case is surplus to the requiriement.

We do not require even single Army officer in Bhutan area since in NonBCA area, where foreignallowance is not applicable Border Roads is managing all the workload successfully by 12 GREFofficers and only 03 Army officers.

5. Conclusion

The GREF, which has over the last 51 years since its inception, earned a good name as adisciplined engineer force capable of delivering goods. Army officers come on loan in GREF. This loanmanpower of Army should be reduced forthwith. Army officers can go to IMTRAT but not in ProjectDantak where foreign posting is making hole in the pocket of BRO/GREF. Whatever reduction inmanpower related expenditure could be spent on acquisition of better equipments in GREF.

Let us come out of the box of precedence and think progressively to strengthen Border RoadsOrganisation and the Nation as a whole.

xxxsdxxx(Dr. V.K. Yadav)Add DG

Copy to:-

Hon’ble Raksha Mantri - For information and necessary action please.Govt. of IndiaNew Delhi

Chief of the Army Staff - for information and taking suitable action to curb the inflow ofSouth Block Army officers against civilian posts in BRO/GREFpleaseNew Delhi Already Army officers are posted in IMTRAT, Bhutan and no

GREF officer can go under IMTRAT. Then how can they cometo Project Dantak.

Defence Secretary - For information and necessary action please.Govt. of IndiaNew Delhi

Engineer-in-ChiefKashmir HouseNew Delhi-110 011

Dir General Border Roads - You are requested to fill up the vacancies of Army officers inSeema Sadak Bhawan DG (MAP), DG (Wks), MES and other Arms. In GREF, civilianRing Road, Delhi Cantt officers can handle the BRO affairs.New Delhi-110 011

117

SUMMARY OF BE 2012-13 PROJECT DANTA

Sri No Item TARGETBE2012-13

BCA NONBCA TOTAL

19 BRTF BHUTAN

1 FMN (Cl-9) 57.90 57.90

2 SURF(Cl-9) 75.27 75.27

3 PMTWKS(lacs) 3444.58 3444.58

4 Maj Br(m) 33.91 33.91

5 Financial (Cr) 107.84 107.84

47 BRTF Gauhati

1. FMN (Cl-9) 45.28 1.91 47.19

2 SURF(CL-9) 71.95 42.40 114.35

3 PMTWKS(lacs) 2016.77 1064.38 3081.15

4 Maj Br(m) 35.65 0.00 35.65

5 Financial (Cr) 97.75 29.11 126.86

TOTAL DANTAK

1 FMN (CL-9) 103.18 1.91 105.09

2 SURF(Cl-9) 147.22 42.40 189.62

3 PMTWKS(tacs) 5461.35 1064.38 6525.73

4 Maj Br(m) 69:56 0.00 69.56

5 Financial (Cr) 205.59 29.11 234.70.’

118

j{kk ea=hHkkjr

MINISTER OF DEFENCEINDIA

DO No. BRDB/l2/44/20Il/PC-325/GE-1/280-F/RM/2012 23rd January, 2012

Dear Smt. Neelam Sonker,

This has reference to your letter dated 29th August, 2011 regarding alleged corrupt practices of

posting a junior Army officer (Brigadier) against the higher post of GREF Chief Engineer in Border

Roads Organisation.

The matter has been got examined. It is informed that as per the Gazette Notification

(Corrigendum) of Ministry of Defence dated 12th February, 2007, the post of Chief Engineer in GREF

has been equated with Major General in Regular Army. But, it has also been provided in the Notification

itself that till such time sufficient number of Major Generals is not available from the Regular Army, the

post of Chief Engineer may be held by a Brigadier. However, the Chief of the Army Staff has been

advised by the Defence Secretary not to post local rank Brigadiers against the post of Chief Engineer.

He has further been advised to have consulation with the cadre controlling authorities of BRO before

posting an officer to BRO.

With best regards,

Yours sincerely

xxxsdxxx(A.K. Antony)

Smt, Neelam Sonker

President

GREF Employees ‘Wives Welfare Association

WZ-429A, Naraina Village.

New Delhi-II 0 028

Office: 104, South Block, New Delhi- 110011, Ph. : 23012216, 23019030 Fax: 23015403Resi. : 9, Krishna Menon Marg, New Delhi 110011, Ph. : 231013611, Fax: 23013612

119

Headquarters


Seema Sadak Bhawan


New Delhi-110 010

7l0ll/DGBR/ 63/ADG Sectt 29 Mar 2012

Shri Sameer Kumar Khare

Joint Secretary (E/PG & CVO)

Ministry of Defence


MILITARY DUTY IN BORDER ROADS ORGANISATlON (BRO)

: CLARIFICATION REGARDING

1. Reference MOD ID NO.1 (7l)/08-D (Pay)/Services) dated 27.01.2009 regarding duty in BRO

treated as Military in Nature.

2. Reference is invited to MOD ID referred above that none of the Military Officers including Lt

Colonel posted in BRO are deployed or serving or under taking any such work which falls under the

definition of military duty. It is also intimated .that all expenditure on account of pay and allowances

including Army Officers in BRO, is paid from the budget of Ministry of Road Transport and Highways,

Border Roads Development Board (BRDB).

3. It can be seen from Annexure A-I and A-2 that neither the Border Roads Development Board

(BRDB) nor the BRO ‘has been given any mandate to undertake any Military duty.

4. Hence the statement in your ID under Para 2 (A) (il) that Lt Colonel on tenure postings to BRO,

is doing duty military in nature, is out of context and against the spirit of Govt. purpose for which BRDB

and the BRO has been constituted and such clarification is totally illegal and nothing but an attempt to

give undue financial benefits to Lt Colonels posted to BRO by granting Pay Band-4.

5. It is also intimated that Govt. of India has never issued any Gazette Notification which stipulates

that employee’s of Border Roads Organisation have been assigned any Military duty. Further the posting

of Lt Colonel in BRO is against the vacancies of Executive Engineer (Civil) and Executive Engineer

(Civil) NFSG which are civil posts assigned with civil engineering works only. Therefore by no stretch of

imagination any Lt Colonel posted in BRO is doing any such duty which falls under the definition of

Military duty.

120

6. In view of the above, you are requested to take necessary action and amend your above referred

ID accordingly so that the huge financial loss occurring to the Govt. exchequer can be avoided.

xxxsdxxx

(Dr. V.K. Yadav)

Addl DG

Encl : As above

Copy to:-

Office of the CGDA - For necessary action please to recover financial loss to the

Ulan Batar Road Govt. exchequer due to false clarification issued by the MoD

Palam, Delhi Cantt-110 010 regarding performance of military duty by Lt Colonels in BRO.

Secretariat BRDB - MoD above 1D is against the role and Goal of BRDB and

Sena Bhawan . BRO. You are requested to clarify that no BRO officer

New Delhi-110 010 including the officers posted from Army against vacancies of

Civil and Mechanical Engineer cadre of BRO have been

assigned any duty which falls under the definition of military

duties. The issue may be given top priority as Govt. funds are

involved.

DDG (Pers) - For information please.

HQ DGBR

Chief Technical Examiner - Please examine the issue for appropriate action.

BRD B Sectt

Sena Bhawan, New Delhi-11

121

Ministry of Defence

(Office of Joint Secretary (E/PG) & CVO)

Reference PPOCID No. 18215/FPOC/lDS/VIth CPC dated 14 Jan 2009.

In reference to above, following clarification is given:-

(A) Following postings will not be considered as deputation for the purpose of considering

the Lt Cols in Pay Band-4 and they may be granted Pay Band-4 :-

(i) Category ‘A’ - Tenure postings with DRDO, DGCA, NCC ISO etc. which fall

within the purview of the Ministry and for whom the pay allowances of the officers

are paid from the MoD Budget. Deputation and training to foreign assignment

are also included in this category.

(ii) Category ‘B’ - Tenure postings to Organisations including Assam Rifle, NSG,

BRO, etc. where duty is military in nature and the officers posted would be

carrying out the· vital role which Services otherwise would have to fulfill

themselves.

(B) Following postings will be considered as deputation and Lt Cols posted there should

draw the pay of Lt Col in Pay Band 3. Category ‘C’ -Deputation to certain Organisations

such -as NHAI, IRCON, Pawan Hans, State Govts. Etc. where the nature of duties is not

in line with the normal combat profile of a service personnel.

3. In case of any doubt the matter may be referred to the Ministry for clarification.

xxxSdxxx

(Ajay Tirkey)

Joint Secretary (E) & CVO

Chairman, PPGC

MoD 1D NO.1 (71 )/08-D(Pay/Services) dated 27.1.2009

122

Appx ‘A’

Point 1

Organisation set up.

Organisation set up of the Ministry/Department and the Border Roads Organisation (The information

may be shown in the form of a chart supported by short explanatory notes).


As the economic development of North and North-eastern border areas of the country was

handicapped by meager and inadequate communication, the Government set up in 1960 “Border Roads

Development Board” in order to ensure co-ordinated, economical and expeditious development of

these communications by partly improving existing primitive roads and partly by new constructions, by

co-ordinating the resources and the effort of various Central and State construction agencies including

the Engineer personnel of the Defence Services. The Prime Minister was the Chairman of the Board

and the Defence Minister the Deputy Chairman. Subsequently, in May, 1982, the Defence Minister was

appointed the Chairman of the Board.

The Board exercise the financial powers of a Department of the Government of India. The

Secretariat of the Board has been given ex-officio Sectt Status in the Ministry of Shipping & Transport.

The Board Sectt is headed by the Secretary to the Government of India. The Defence Secretary oversees

the work of the Board Sectt on behalf of the Chairman.

123

Appendix ‘I’ to Point I



_________________________________________________________________________________

Projects Base Workshops and General Reserve Engineer Liaison Officer at CalcuttaStores Divisions Centre and Records, Pune

_________________________________________________________________________________________

Task Force Base/Transit dental Units Mobile Postal Unit Signal Section Provost UnitDepot Surgical Unit

________________________________________________________________________________________

Road Field Pioneer Transport Engineer Stores Medical Staging Field Postalconstruction Workshop Companies Platoon and Supply Section OfficeCompanies company

________________________________________________________________________________________

Formation cutting Surfacing Permanent Works Road MaintenancePlatoon Platoon Platoon Platoon

⇓ ⇓ ⇓ ⇓

⇓

⇓

⇓ ⇓ ⇓ ⇓ ⇓ ⇓ ⇓

⇓ ⇓ ⇓ ⇓ ⇓ ⇓ ⇓

⇓ ⇓ ⇓ ⇓

124

Appx ‘B’

Point 2

Functions

The functions of the Ministry/Department and the Border Roads Organisation (with a brief historical

background.

Function of the Ministry, Directorate General Border Roads and Chief Engineers are indicated below:


(a) It lays down the policy, programme and priorities for the development of communications

in border areas.

(b) It examines and approve the estimates of individual projects and ensures that they are

planned and executed properly and expeditiously in accordance with the priorities laid

down.

(c) It decides the agency for execution of the projects and prescribe the responsibilities of

such agencies. It coordinates the work of the different agencies.

(d) It approves detailed procedure to be followed for the execution of the projects.

(e) It keeps a watch on the progress of work and arranges for necessary assistance, where


(f) It approves the various measures required in connection with departmental construction

of projects.

Powers for approval of projects, sanction of work estimate and indents for procurement of

equipment, etc. , have been delegated to various authorities (like Defence Minister, Secretary, BRDB/

DGBR) to facilitate timely decision making.

125

Appx’C’

Point 5:


A detailed note on the composition, objectives and achievements of the Border Roads

Development Board since its inception in 1960 giving inter alia, the particulars of new roads got

constructed by it, improvements carried out to existing roads and surfacing of roads done.


(a) Composition :- When set up for the first time in March 1960, the composition of the

Border Roads Development Board was as follows :

(1) Prime Minister (Chairman)

(2) Defence Minister (Dy. Chairman)

(3) Chief of Army Staff

(4) Chief of Air Staff

(5) Lt. Gen. B.M. Kaul

(6) Secretary, Kashmir Affairs

(7) Secretary, Ministry of Transport

(8) Secretary, Ministry of Defence

(9) Consulting Engineer (Road Development)

(10) Financial Adviser, Ministry of Defence

(11) Director General Border Roads


(13) Joint Secretary (G), Ministry of Defence.

The present composition of the Board is as follows:

(1) Defence Minister Chairman

(2) Minister of State in the Ministry of Shipping & Tpt Member

(3) Member-Secretary, Planning ,,

(4) Cabinet Secretary ,,

(5) Chief of Army Staff ,,

(6) Chief of the Air Staff ,,

126

(7) Defence Secretary Member

(8) Home Secretary ,,

(9) Foreign Secretary ,,

(10) Secretary, Ministry of Shipping and Transport ,,

(11) Financial Advisor, Defence ,,

(12) Engineer-in-Chief, Army HQ ,,

(13) D.G. (R.D.) & Addl. Secretary Ministry of Shipping & Transport ,,

(14) Director General Border Roads ,,

(15) Secretary, Border Roads Development Board ,,

(b) Objectives: The Border Roads Development Board was set up with the objective of

accelerating the economic development of North and North Eastern border areas by

developing border communications. This continues to be the prime objective. The

requirement for new roads in these areas is constantly reviewed and wherever necessary,

new projects taken up.

(c) Achievements of the BRDB since its inception :-

Particulars of new roads constructed, improvements carried out to the existing roads

and surfacing of roads done up to March 1985 under the BRDB programme are indicated

below :-

(1) Works executed by the BRO to meet Army requirement


(ii) Improvement (Upgradation) of existing roads 6255 Kms


(2) Execution of works by the BRO on behalf of other Departments, etc.


(ii) Improvement (upgradation) of existing roads 2124 Kms


127

No. F.4 (29)/BRDB/60Government of IndiaMinistry of Transport & CommunicationsBorder Roads Development Board

New Delhi, the 16 June 1960

To,

The Director GeneralBorder RoadsNEW DELHI

Sir,

I am directed to convey the sanction of the President to the raising and maintaining of a GeneralReserve Engineer Force for the construction of Roads in the Border areas and such other tasks, asmay be entrusted to it by the Border Roads Development Board. The Force will be composed ofvarious units covering essential elements for the proper performance of tasks to be executed by it.

2. The members of the Force will consist of:-

(a) Personnel directly recruited thereto; and

(b) Personnel on deputation from Central Ministries, State Governments, Local Bodies andCorporations.

3. The force will be under the overall command of the Director General Border Roads, underwhom will Regional Chief Engineers/Independent Deputy Chief Engineers, who will exercise commandover the officers of the Force placed under their control.

4. Govt. Sanction for the organisation and composition of the Force, as well as the terms andconditions of service of members there of will be issued separately.

5. The expenditure involved will be debited to the head of account to which the cost of the projectson which the cost of projects on which the force is employed, is debitable.

6. Further administration instructions may be issued by you.

Your faithfully,xxxsdxxx

(S.K. Mukherjee)Secretary

Border Roads Development BoardCopy of the above forwarded to :-

Ministry of Finance/Defence) (10 copies) with ref to their U.O No BRS/199/6:dated Jun1960 forcommunication to Director of Audit, Defence Service

Controller General of Defence Accounts and Control of Defence Accounts concernedMinistry of DefenceMinistry of Transport and communicationMinistry of Finance (Communication Division)

Copy to:-

Chief of the Army StaffChief of the General Staff (SD2)

128

Headquarters

DteGen BorderRoads

Seema SadakBhawan


NewDelhi-110 010

71011/DGBR/164/ADG Sectt 09 May 2012

The Secretary



Sena Bhawan

New Delhi-110 011

JURISDICTION OF CENTRAL ADMINISTRATIVE TRIBUNAL (CAT) PERTAINING

TO SERVICE MATTERS OF GREF EMPLOYEES INCLUDING BRES GROUP ‘A’

CENTRAL CIVIL SERVICES

Sir,

1. It has been brought to my notice by the environment that false and fabricated stories about the

applicability of CAT in respect of GREF employees is being spread to deny them to address their

grievances in the Central Administrative Tribunal (CAT).

It is also brought to the notice that to justify their stand certain court orders issued with respect

to some court cases and Supreme Court verdict in the matter of R Viswan vs UOl is used to deny

GREF employees their legal rights.

2. As Transparency Officer of the organisation, I have not seen any Govt orders/Gazette notification

which debarred GREF officers and personnel from CAT. Further the Supreme Court of India in the

verdict of R Viswan vs UOl has held that GREF and the members of GREF are members of the Armed

Forces for limited purpose of Article 33 which means that their certain fundamental rights such as

public demonstration’ and association have been restricted. Therefore neither the Supreme Court nor

any other court of law has ever declared or held that GREF officers and personnel can not approach

CAT against their service matters.

3. Para 2(a) of Administrative Tribunals Act, 1985 quoted as under:”

The provision of this Act shall not apply to

(a) any member of the naval, military or air forces or of any other armed forces of the

Union.”

129

From above, it is clear that the members of the Armed Forces of the Union of India has been

debarred from the CAT. GREF is a civil organisation raised and maintained for the purpose of construction

of roads. The members of GREF are civilian employees and has never been declared the member of

Defence Forces i.e. Navy, Air Force & Indian Army nor even part of any Para Military Forces such as

BSF, CRPF, ITBP, Assam Rifles & NSG. Therefore their legal right to address their grievances in the

CAT cannot be taken away on false and misplaced information.

4. However notwithstanding the above, you are requested to kindly provide all Govt orders and

polices if any issued in this regard which stipulates that CAT has no jurisdiction on the employees of

GREF with regards to their service terms and conditions related to appointment, promotions, pay and

allowances so that correct and true information could be disseminated to make this organisation

transparent and to provide legal rights provided by the Gol to the civilian employees of the GREF

without any discrimination. .

5. In case no reply is received within 20 days of this letter, it will be considered that Ministry

accepts the jurisdiction of CAT in the service matters pertaining to GREF civilian employees and

accordingly, the correct information will be disseminated in the organisation for bringing transparency

in the personnel matters.

(Dr. V.K. Yadav)xxxsdxxxAddl DG

Encls: i) Abstract of CAT’Act, 1985

ii) Letter of Defence Minister.

Copy to:

DDG (Pers) - Being a custodian to the Govt polices, you are advised not to allow any illegal and

unlawful information unless & until there is clear written directions and polices

issued by the Govt of India regarding the GREF employees. Any letter in any

form issued/circulated from your Directorate without Govt of India authority shall

be treated as misconduct on part of officer and suitable action shall be taken to

avoid recurrence of such acts.

130

j{kk ea=khHkkjr

MINISTER OF DEFENCEINDIA

DO No. BRDBI12/44/2011-GE-I757-F/RM/2012 24 February 2012

Dear Shri Yashwant Sinha jee,

This has reference to your endorsement No.YS/C/142 dated 30th January, 2012 forwarding a

representation of Shri N. Gopalakrishnan, Ex.-UDC (GREF) of Border Roads Organisation (BRO).

claiming pension at par with that of a Naib Subedar of Army,

The matter has been got examined. GREFpersonnel in BRO are governed by Central Civil

Services Rilles. In addition to the above, GREF personnel are also governed by some provisions of

Army Act for limited purpose of Article 33 of Constitution of India i.c. for discipline purpose only.

Accordingly, Shri N. Gopalakrishnan has been granted pension under CCS Pension Rules 1972 as

applicable to other Central Government employees. Therefore, his claim for pension at par with Naib

Subedar of Army is not in order.

I hope you will understand the position in this regard.

With regards.

Yours sincerely,

xxxsdxxx

(A.K. Antony)

Shri Yashwant Sinha

Member of Parliament

Chairman, Parliamentary Standing Committee on Finance

114, Parliament House Annexe

New Delhi-110 001

131

THE ADMINISTRATIVE TRIBUNALS ACT, 1965

NO.13 OF 1985

(27th February, 1985)

An Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complains

with respect to recruitment and conditions of service of persons appointed to public services and posts

in connection with the affairs of the Union or of any State or of any local or other authority within territory

of India or under the control of the Government of India or of any corporation society owned or controlled

by the government in pursuance of Article 323A of the Constitutional and for matters connected therewith

or incidental thereto.

BE it enacted by Parliament in the Thirty Fifth Year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the administrative Tribunals Act, 1985 (2) It extends :-

(a) Insofar as it relates to the Central Administrative Tribunal, to the whole of India;

(b) insofar as it relates to Administrative Tribunals for States, to the whole of India,

except the State of Jammu and Kashmir.

(3) The provisions of this Act, insofar as they relate to the Central Administrative Tribunal,

shall come into force on such date as the central Government may by notification,

appoint.

(4) The provisions of this Act, insofar as they relate to an Administrative Tribunal for a State,

shall come into force in state on such date as the Central Government may, by notification

appoint.

2. The provisions of this Act shall not apply to:-

(a) any member of the naval, military or air forces or of any other armed forces of the Union;

(b) any officer or servant of the Supreme Court or of any High Court** [ or courts subordinate

thereto]

132

[(1A) the office and other employees of a Tribunal shall discharge their functions under the general

superintendence of the chairman].

(2) The salaries and allowances and conditions of service of the officers and other employees of a

tribunal shall be such as may be specified by rules made by the appropriate government

CHAPPTER III

JURISDICATIN POWERS AND AUTHORITY OF TRIBUNAL

14. (1) Save as otherwise expressly provided in this Act, the central Administrative Tribunal

shall exercise, on and from the appointed day, all the jurisdiction, power and authority exercisable

immediately before that day by all court *[except the supreme court * * * * ] in relation to

(a) recruitment and matters concerning, recruitment, to any all Indian service or any civil

service of the union or a civil post under the union or to a post connected with defence

or in the defence services, being in either case , a post filled by a civilian ;

(b) All service matters concerning –

(i) a member of any all India service ;or

(ii) a person [not being a member of an all India service or a person referred to in

clause ( c)] appointed to any civil service of the union or any civil post under the union; or

(iii) a civilian [not being a member of an all Indian service or a person referred to in

clause [(C)] appointed to any defence services or a post connected with defence and

pertaining to the service of such member ,a person pr civilian, in connection with the

affairs of the union or of any states or of any local or other authority within the territory of

India or under the control of the government of India or of any corporation **[or society ]

owned or controlled by the Government.

(c) all service matter pertaining to service in connection with the affairs of the union concerning

a person appointed to any service or post referred to in sub- clause (ii) or sub clause(iii) of clause (b),

being a person whose services have been placed by a state Government or any local or other authority

or any corporation [or society] or other body, at the disposal of the central government for such

appointment.

[Explanation- for the removal of doubts it is hereby declared that references to

“union “ in this sub-sub section shall be constituted as including references also to a union territory ]

(2) The central Government may, by notification apply with effect from such date as may be specified

in the notification the provisions of

133

Headquarters


Seema Sadak Bhawan


New Delhi-110010

71011/DGBR/166/ADG Sectt 10 May 2012

Shri Shashi Kant Sharma

Secretary Defence

101, South Block

New Delhi

DEPLOYMENT/DEPUTATION OF ARMY OFFICERS AGAINST

CIVIL AND MECHANICAL ENGINEERS POSTS OF GREF

Dear Sir,

1. I am writing this DO letter to apprise you the facts regarding deployment of Army officers and

personnel with Border Roads Organisation (BRO).

2. Initially, when BRDB was set up in 1960, services of State PWD, Central Govt. departments

and Defence Engineer Service were taken for construction of roads in Border areas. Simultaneously,

Govt. of India has also created its own civil departmental Road Construction Agency General Reserve

Engineer Force (GREF) exclusively for execution of road projects finalized by the BRDB. GREF is now

popularly known as Border Roads Organisation.

3. The recruitment of Engineer Officers in Class I and Class II GREF (Engineer officers) service

was done under G.S.R 147 of 1968. Initially, 50% of the posts in the officers’ cadre was deputation

posts and were tenable by Corps of Engineer officers of the Army, who were posted against these

deputation posts on loan basis. Copy of GSR 147 is enclosed.

4. However, in Sep 1977, Govt. of India vide Rule 13 of GSR 1554 dated 20 Sep 1977 repealed

GSR 147 of 1968 and created a Central Civil Service within the GREF under Article 309 known as

Border Roads Engineer Service Group ‘A’ (BRES). The BRES service has two Engineer cadres;

Civil and Mechanical. Civil cadre is the main cadre of GREF.

5. There is no provrsion for appointment of Army officers against the posts of BRES Group ‘A’

service. Copy of GSR 1554 is enclosed at Appendix ‘B’.

6. An important amendment in the BRES Group ‘A’ service was done under Rule 12 of GSR 1554

vide GSR 1281 dated 1984, . wherein it was provisioned that the service terms and conditions applicable

134

to other services in general will be applicable to the BRES Group ‘A’ service also.

7. The amendment in the BRES Group ‘A’ services Recruitment Rules 1977 was made under

GSR 868 dated 10 Oct 1988 by amending Rule 6 of the GSR 1554 i.e. “Method of Recruitment and

its Schedule”.

8. In the amended BRES Group ‘A’ Service Recruitment Rules 1988, provision of appointment of

Army officers under column 11 and 12 of the Schedule was made. (Copy of GSR 868 enclosed at

Appendix ‘C’). According to column II, the number of BRES Group ‘A’ posts to be occupied by the

Army officers was to be decided by the Central Govt. It is imperative to mention here that BRES Group

‘A’ Recruitment Rules 1988 (Amended) were placed in the Rajya Sabha on 27 Feb 1989 and are

under observation with the Rajya Sabha Subordinate Legislative Committee and have not

been cleared by the Committee so far.

9. It is also brought out here that the amendment to the BRES Group ‘A’ Service Rules 1977 was

taken up to incorporate the recommendations made by the 4th Central Pay Commission and the

increased BRES cadre strength due to first cadre review of the BRES Civil Group ‘A’ service took place

in 1986. From the above facts, it is not clear as to how provision of recruitment and appointment of

Army officers against the posts of BRES Group ‘A’ service was incorporated in the amended Recruitment

Rules of BRES Group ‘A’ Service because neither the Fourth Pay Commission nor the Cadre Review

Committee has made any recommendation regarding appointment of Army Officers against civilian

vacancies.

10. I have tried at all levels to find out any policy directions issued by Administrative Ministry of the

Govt. of India under column 11 of GSR 868 of 1988 for allocation of BRES Civil Group ‘A’ posts for any

other services. However, till date I have not received/seen any such notifications which authorized

distribution of BRES Service posts to Army officers.

11. After the implementation of 6th Central Pay Commission, many DoPT OMs, Circulars,

guidelines, instructions have been issued to all Ministries and the Departments for amending the

recruitment rules of organized Group ‘A’ Services including the BRES Group ‘A’ services incorporating

these instructions and guidelines. I as a Transparency Officer of the department have requested

Secretary BRDB vide letter No 7100S/DGBR/40/ADG Sectt dated 11 Mar 2011 to see that recruitment

rules of BRES Group ‘A’ service are made as it is applicable for all other similar services like CES

(CPWD), MES CWC etc so that the recommendations made by the 6th Central Pay Commission for

the eligibility criteria for promotion from one post to another for all organized Group ‘A’ services remain

the same so that no service is discriminated against the benefit extended by the Commission and the

Govt.of India.

12. The amendment to recruitment rules of BRES Group ‘A’ services is in progress since 2009

However, due to certain unresolved provisions in the recruitment rules, DoPT is raising its observations

135

time and again. Recently, I have been informed by the environment that Sectt BRDB has made a

provision of allocation of BRES Group’A’ posts for the Army in the draft amended Recruitment Rules

which is totally illegal, unconstitutional and needs to be struck down as such a provision violates the

Govt. orders applicable to a Central Civil Service particularly in the instant case BRES Group ‘A’ Service.

13. Since you have been delegated power for framing the Recruitment Rules of BRES Group ‘A’

Service on behalf of the Cadre Controlling Authority, I would earnestly request you to look into the

matter so that no illegal and unconstitutional provisions are allowed in the BRES Group ‘A’ Recruitment

Rules.

14. It is assured that BRES Services has matured with the time and is capable of handling the

affairs of the Organisation at their own under your esteem support and guidance.

Encl : (21 Pages)

Copy to:-

Shri Subhash Sharma - For information with respect to my letter No 71005/DGBR/40/ADG

Secretary BRDB Sectt dated 11 Mar 2011 with a request to not to allow any illegality in the

(Ex-officio) recruitment rules of BRES Group ‘A’ Service based on any illegal past

Ministry of MoRT&H practice. DOPT according to the 6th CPC has advised that Recruitment

4th Floor, ‘B’ Wing Rules and eligibility criteria for all Organised Group ‘A’ Services should

Sena Bhawan be same.

New Delhi-lID 011

DDG (Pers) - The officers nominated as rep of HQ DGBR has not exercised due

HQ OGBR diligence while interacting with the officials of Sectt BRDB involved in

framing of amendment to BRES Group ‘A’ Service Recruitment Rules.

Please ensure that officer detailed for amendment to the recruitment

rules of BRES Cadre should not make any loose statements on hearsay

and while interacting with Sectt BRDS, they should carry authentic

documents approved by the DDG (Pers) according to the DoPT guidelines

and OMs issued for organized Group ‘A’ Engineering Services applicable

to BRES also. The outcome of each meeting, attended by officers should

be placed on the BRO Website so that the discussion and decision

taken in the meeting are put in the public domain for the information of

the environment to bring transparency in the personnel policy as

advocated by the Govt.

136

G.S.R.147—- In exercise of the power conferred by the proviso to article 309 of the constitution and in

supersession of the notification of the Government of India in the late Ministry of Transport (Border

Roads Development Board)No. G.S.R.1622 dated 4th October,1965, the President hereby makes the

following ruls regulating the method of recruitment to class I and class II Engineer and shipping

(Boarder Road Organisation namely:-

1. Short title and commencement. — (1) These rules may be called the General Reserve

Engineer Force (Engineer Officers ) Recruitment Rules, 1968.

(2) They shall be deemed to have come into force on the 20th July ,1968 .

2 Application— These rules shall apply to the posts of Engineer Officers in the General reserve

Engineer Force as specified in column I of the schedule annexed hereto.

3. Numbers of posts, classification and scales of pay—- the numbers of posts , their

classification and the scales of pay attached thereto shall be as specified in columns 2 to 4 of the said

schedule.

4. Method of recruitment, age limit and other qualification:— the method of recruitment to

the said posts, age limit, qualification and other matters connected wherewith shall be as specified in

columns 5 to 13 of the schedule aforesaid ;

Provided that the upper age limit prescribed for direct recruitment may be relaxed in the case of

candidates belonging to scheduled casted / scheduled tribes and others special categories of persons

in accordance with the order of the central Government issued from time to time.

5. Disqualifications:— (a) No person, who has more than one wife living or who , living a

spouse living , marries in any case in which such marriage is void by reason of its taking place during

the lifetime of such spouse, shall be eligible for appointment to any of the said posted ; and

(b) No woman, whose marriage is void by reason of her husband having a wife living at the time of

such marriage, or, who has married a person who has a wife living at the time of such marriage, shall

be eligible for appointment to any of the said posts;

Provided that the Central Government may, if satisfied that there are special grounds for so ordering,

exempt any person from the operation of this rule.

6. Power to relax— where the Central Government is of opinion that it is necessary or

expedient to do so it may by order, for reasons to be recorded in writing, and in consultation with the

Union Public Service Commission relax any of the provisions of these with respect to any class or

category of persons or posts.

137

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145

MINISTRY OF SHIPPING AND TRANSPORT

(Border Roads Development Board)

New Delhi the 20th September, 1977

G.S.R. 1554— In service of the powers conferred

by the provision to article 309 of the Constitution

the president hereby make the following rules

namely :-

1. Short title and commencement - (1)

these rules may be called the Border Roads

Engineering Service Group ‘A’ Rules 1977.

(2) They shall come into force on the date of

their publication in the Official Gazette.

2. Definition — In there rules unless the

context otherwise requires.

(a) Government means the

Government of India.

(b) “Regular continuous service”

means service rendered on a

continuous basis after regular

appointment to grade on the

recommendations of the

departmental promotion

Committee or in consultation with

the Union public Service

Commission as the case may be:

(c) “Service” means the Border

Roads Engineering Service Group

‘A’.

3. Initial constitution of the Service :- (1)

On and from the date of commencement of these

rules, there shall be constituted a Central Civil

Service within the General Reserve Engineering

Force, to be known as the Border Roads

Engineering Service Group ‘A’.

THE GAZETTE OF INDIA: NOVEMBER 12,1977/ KARTIKA 21,1899

(2) The Service shall at the initial

constitution stage. Consist of the following

officers, namely :-

(i) Engineer Officer who were

holding on a regular basis General

Central Civil Service class I

Gazetted posts in the General

Reserve Engineer Force before the

date of commencement of the

General Reserve Engineer Force

(Engineer Officer) Recruitment

Rules 1968.

(ii) Engineer Officers who

were holding on a regular basis

General Central Civil Service Class

I (Gazetted posts on or after the

date of commencement of the

General Reserve Engineer Force

(Engineer Officer Recruitment

Rules 1968.

4. Maintenance of the Service :- The

recruitment to the Service after the initial

constitution thereof, shall be made in the manner

laid down in rules 5 and 6.

5. Categories of posts, number,

classification and scales of pay :- The posts in

the various categories of the service their number

classification and the rules of pay attached thereto

shall be as specified in column 1 to 4 of the

schedule to these rules.

6. Method of recruitment age limit and

other qualification :-

(i) The method of recruitment

to the said posts age limit,

qualification and other matter

relating thereto shall be as specified

in column 5 to 13 of the schedule

aforesaid

146

(ii) Or recognized Search

Institution in consultation with a

Union Public Service Commission

if the Capabilities experience

possessed by them are needed

and these are available within the

rank of the service ;

7. Disqualification - No person -

(a) who has entered into or contracted

in marriage as a person having a

spouse living or

(b) who having a spouse living has

entered into contracted a marriage

with any reason, Shall be eligible

for appointment to the service:

Provided that the Government may. If

satisfied that a marriage is permissible under the

personal is applicable to such person and the

other party to the marriage and that there are other

grounds for so doing example as person from the

operation of this rule.

8. Special requirement regarding liability to

serve As person appointed to the service at its

initial constitution thereafter shall, if so required

be liable to serve in as Defence Service or post

connected with the defence of India a period of

not less than four years including the period on

training if any:

Provided that such a person :-

(a) Shall not be required to serve as

aforesaid after expiry of ten years

from the date of appointment.

(b) Shall not ordinarily be required to

serve as aforesaid after attaining

the age of forty years :

Provided further that, as and when required

to do so special circumstances, such a person

shall be liable further serve in the Defence Services

or on work relating to defer efforts any where in

India or abroad.

9. Reservation for Schedule Castes,

Schedule Tribe etc:- Nothing contained in these

rules shall affect reserve and other concessions

required to be provided for the schedule Castes.

the Scheduled Tribes and other special categories

of persons in accordance with the order issued

by the Government from time to time in this regard.

10. Power to relax :- Where the Government

is of open that is necessary or expedient so to do,

it may, by our for reasons to be recorded in writing

and in consultation the Union Public Service

Commission relax any of the visions of these rules

with respect to any class or category persons or

posts.

11. Interpretation:- If any question relating to

interpretation of these rules arises. It shall be

decided by the Government.

12. Other matters :- In all matters not

specifically prior for in these rules persons

appointed to the service shall governed by such

rules or orders as any be issued by the

Government from time to time.

13. Repeal and Saving :- The General

Reserve Engineering Force (Engineer Officers)

Recruitment Rules 1968 in RMP as they relate to

the General Central Service Class I grade pots

the hereby repealed :

Proposal that any order made or action

make under rule repeated shall be deemed to have

been made or be under the correspondent

provision of these rules.

147

SCHEDULE B

Name of post No of Classification Scale of pay Whether Age limit Educationalpost selection for direct and other

post or recruits qualificationsnon- requlred forselection direct recruitpost

1 2 3 4 5 6 7

1 Chief 1 Border Roads Rs.2250-125- Non Not Not applicableEngineer Engineering 22500 selection applicableGrade I (Civil) Service

Group ‘A’2. Chief 2 Border Roads RS.2000- Selection Not Not applicableEngineer Engineering 125/2-2250 applicableGrade II(Civil) Service

Group ‘A’3.Superintendent 27 Border Roads Rs 1500-60- Selection Not Not applicableEngineer Engineering 1800-100- applicable(Civil) Service 2000

Group ‘A’

Whether age Period of Method of In cases of If a DPC Circumstand other probation recruitment whether recuitment by exists what is ances ineducational if any by direct recruitment promotion/deputatio its whichqualification or by promotion or n/transfer grades composition UPSC isprescribed by from which to befor direct deputation/transfer promotion/deputatio consultedrecruit will and percentage of n/transfer to be makingapply in the the vacancies to be made recruitmecase of filled by various nt.appointees methods

8 9 10 11 12 13

Not 2 years By Promotion Promotion Group ‘A’ Notapplicable Chief Engineer Departmental necessary

Grade II Promotion Committee(Civil)with two years Comprising:services rendered in 1. Secretary, Borderthe grade as Project Roads DevelopmentChief Engineer after Board - Chairman,appointment thereto 2. Joint Secretaryon a regular basis Ministry of Defence

Member.3. Director GeneralBorder Roads-Member

13

148

8 9 10 11 12 13

Not 2 years By Promotion Promotion: Group ‘A’ Selectionapplicable Superintending Departmental shall be

Engineer (Civil) with promotion committee made in afive years service Comprising consultationrendered in the with thegrade after 1. Union Publicappointment thereto Chairman/Member, Serviceon a regular basis Union Public Service Commission

Commission Chairman.2. Secretary BorderRoads DevelopmentBoard-Member.3. Director GeneralBorder RoadsMember.

Not 2 years By promotion Promotion: Group 'A’ Consultationapplicable failing which Executive Engineer Departmental necessary

by transfer on (Civil) with five promotion Committee while makingdeputation years service Comprising: promotion

rendered in the 1. Chairman/Member andgrade after Union Public Service appointingappointment thereto CommissionChairman an officer ofon a regular basis 2. Secretary Border a stateand possessing at Roads Development Government.least a degree or Board - Member.equivalent 3. Director Generalqualification in Civil Border Roads-MemberEngineering

Transfer ondeputation :Officers holdinganalogous postsunder theCentral/StateGovernments(Period ofdeputation shallordinarily notexceed four years).

149

1 2 3 4 5 6 7

4. 5 Border Roads Rs. 1500-60- Selection Not Not applicableSuperintending Engineering 1800-100- applicableEngineer Service 2000(Mechanical) Group ‘A’5. Executive 70 Border Roads Rs 1100-50- Selection Not Not applicableEngineer Engineering 1600 applicable(Civil) Service

Group ‘A’6. Executive 25 Border Roads Rs 1100-50- Selection Not Not applicableEngineer Engineering 1600 applicable(Mechanical) Service

Group ‘A’

8 9 10 11 12 13

Not 2 years By promotion Promotion: Group ‘A’ Consultationapplicable failing which Executive Engineer Departmental necessary

by transfer (Mechanical) with five promotion Committee whileon years service in the comprising: makingdeputation grade after 1. Chairman/Member promotion

appointment thereto Union Public Service appointingon a regular basis Commission - officer ofand possessing at Chairman Stateleast a Degree in 2 . Secretary, Border GovernmentMechanical Engineer Roads Developmentor equivalent Board-Memberqualification 3. Director General

Border Roads-Transfer on Memberdeputation :Officers holdinganalogous postsunder theCentral/StateGovernment (Periodof deputation shallordinarily not exceedfour years)

Not 2 years By promotion Promotion : Assistant Group ‘A’ Consultationapplicable failing which Execution Departmental necessary

by transfer Engineer(Civil) with promotion Committee whileon five years service in comprising : makingdeputation the grade rendered 1. Chairman/Member promotion

after appointment Union Public Service appointingthereto on a regular Commission- officer ofbasis and possessing Chairman. Stateat least a Diploma in Government

150

8 9 10 11 12 13

Civil Engineering or 2. Secretary, Borderequivalent Roads Developmentqualification Transfer Board—Memberon deputation:Officers holding 3. Director Generalanalogous posts Border Roads-under the MemberCentral/StateGovernments (Periodof deputation shallordinarily not exceedthree year).

Not 2 years By promotion Promotion: Group ‘A’ Consultationapplicable failing which Assistant Execution Departmental necessary

by transfer Engineer(Mechanical) promotion Committee whileon with five years comprising: makingdeputation promotion

service in the grade 1. Chairman/Member appointingrendered after Union Public Service officer ofappointment thereto Commissionon- Statea regular basis Chairman. Governmentand possessing atleast a Diploma inMechanical 2. Secretary, BorderEngineering or Roads Developmentequivalent Board—Memberqualification Transferon deputation : 3. Director GeneralOfficers holding Border Roads-analogous posts Memberunder theCentral/StateGovernments (Periodof deputation shallordinarily not exceedthree year).

151

1 2 3 4 5 6 7

7. Assistant 215 Border Roads RS.700-40- Selection Not less Essential:Executive Engineering 900-EB-40- than 20 Degree inEngineer Service 1100-50- years but Engineering of(Civil) Group ‘A’ 1300 less than a recognized

27 years University orNOTE: The equivalentCrucial datefordeterminingthe age limitshall be thefirst Augustof the yearin whichexaminationis held

8. Assistant 75 Border Roads Rs.700-40- Selection Not less Essential:Executive Engineering 900-EB-40- than 20 Degree inEngineer Service 1100-50- years but Engineering of(Mechanical) Group ‘A’ 1300 less than a recoqnized

27 years University orNOTE: The e quivalentCrucial datefordeterminingthe age limitshall be thefirst Augustof the yearin whichexaminationis held

8 9 10 11 12 13

Age; No 2 80% by Promotion: Group ‘A’ ConsultationAdditional Years direct Assistant Engineer Departmental necessaryQualification recruitment (Civil) with three promotion Committee while: To the through the years.service in the comprising: makingindicated in Combined grade rendered after 1. promotioncolumn 11 Engineering appointment thereto Chairman/Member appointing

Service on a regular basis Union Public Service officer ofExamination and possessing at Commission- Stateheld by the least a Diploma in a Chairman. GovernmentUnion Public Civil Engineering orService equivalent 2. Secretary, BorderCommission qualification Roads Development

152

according to Transfer on Board—Memberthe plan for deputation : OfficersCivil holding analogous 3. Director GeneralEngineering posts under the Border Roads-Group Central/State MemberServices and Governments(Periodposts, and of deputation shall20% by ordinarily not exceedfailing which Three years).by transferondeputation

Age; No 2 80% by promotion: Group ‘A’ ConsultationAdditional Years direct Assistant Engineer Departmental necessaryQualification recruitment (Mech) with three promotion Committee while: To the through the years service in the comprising: makingindicated in Combined grade rendered after 1. promotioncolumn 11 Engineering appointment thereto Chairman/Member appointing

Service on a regular basis Union Public Service officer ofExamination and possessing at Commission Stateheld by the least a Diploma in a Chairman. GovernmentUnion Public Civil Engineering orService equivalent 2. Secretary, BorderCommission qualification Roads Developmentaccording to Transfer on Board—Memberthe plan for deputation: OfficersMechanic holding analogous 3. Director GeneralEngineering holding analogous Border RoadsGroup posts under the MemberServices and Central/Stateposts, and Governments(Period20% by of deputation shallpromotion ordinarily not exceedfailing which Three years).by transferondeputation

(No. F 4(130)/BRDB/60)

153

BORDER ROADS ENGINEERING SERVICEGROUP ‘A' (AMENDMENT) RULE, 1988

G.S.R 863 :- In exercise of the power (2) They shall come into force on the dateconferred by the provision to Article 339 of of their publication in the official Gazettethe Constitution the President herebymakes the following rules further to amend 2. In the Border Roads Engineehngthe Border Roads Engineering Service service Group ‘f’.’ Rules 1977 :-Group ‘A’ Rules 1977 namely :-

(a) In rule 6, for the words and figures1. (i) These rules may be called the “column 5 to 13” the words and figuresBorder Roads Engineering Service Group “column 5 to 14” shall be submitted;‘A’ (Amendment) Rules 1963 (b) for the Schedule the following

Schedule shall be substituted namely :-

Sr No No of post Classification Scale of pay

1 2 3 4

Chief 18* (1988) *Subject Border Roads Rs. 5900-200-6700Engineer (Brigadier)/CE to variation EngineeringDuties (C) dependent on Service Group ‘A’

workload

Whether Age limit for Whether benefit Educational Whether ageselection post direct recruit of added years and other and educationalof non selection of service qualification qualificationspost admissible required for perused for

under Rule 30 direct recruit direct recruitof the C.C.S. apply in the(Pension) Rule case of1972 promotees

5 6 7 8 9Selection Notapplicable Not applicable Not applicable Not

applicablePeriod of Method rectt In case of rectt by If a DPC exists Circumstanceprobation if whether by direct promotion/deputation/tran what is its which UPSCany rectt or by sfer grades from which composition to be

promotion or by promotion/deputation/tran consulteddeputation/tra sfer to be made making recttnsfer & percentage of the vacanciesto be filled byvarious methods

154

10 11 12 13 14

Not By Promotion: Border Group ‘A’ DPC for Consultationapplicable promotion/by Roads Engineering considering to the

posting from service officers only: promotion: commentsthe Army Superintending Engineer 1. notNumber of (C) with 8 years regular Chairman/Member necessaryposts to be service in the grade, UPSC Chairmanfilled by each including service if any in 2. Secretarymethod to the non-functional Border Roadsdecided as per selection grade, including Developmentpersonnel service if any in the non Board - Memberpolicy functional selection gradeapproved by or 17 year regular service 3. Directorthe Central in Group ‘A’ or Border General BorderGovernment Roads Engineering Roads- Memberfrom time to Service (Civil) out oftime which 4 years should be

in the grade ofSuperintending Engineer,the Officers should alsohave had 2 yearsexperience as a TaskForce a Commander inthe rank ofSuperintending Engineer(C) in order to beeligible for promotionposting from Army:Officers of the rank ofBrigadiers as per thepersonnel policy referredto in column 11.

1 2 3 4

2. Superintending 49 (1988) Subject to jorder Roads Rs. 4500-150-5200Engineer (Civil) variation dependent on Engineering ServiceSelection grade workload Group ‘A’

5 6 7 8 9

Non Selection INot applicable Not applicable Not applicable Not applicable

155

10 11 12 13 14

Not By Promotion: From Group ‘A’ DPC for Consultationapplicable promotion/by Officers of the ranks of: considering to the

posting from Superintending Engineer promotion: commentsthe Army (Civil) and on entering of 1. Secretary notNumber of 14th year of service in Border Roads necessaryposts to be Group ‘A’ post. Border Developmentfilled by each Roads Engineering Board Chairmanmethod to Service (Civil) on thedecided as per post 1st July of the year 2. Directorpersonnel Group ‘A’ post in General Borderpolicy Calculation from the year Roads- Memberapproved by following the year ofthe Central examination on the basis 3. Deputy DirectorGovernment of which the officer was General Directorfrom time to recruited General Bordertime Posting from Army: Roads - Member

Officers of the rankColonel as per personnelpolicy referred to incolumn 11 .

1 2 3 4

3. Superintending 44* (1988)* Subject to Border Roads RS. 37700-125-47-Engineer (Civil) variation dependent on Engineering Service 150-5000

workload Group ‘A’

4. Superintending 5 *(1988)* Subject to Border Roads Rs.4500-150-5700Engineer (Electrical & variation depending on Engineering ServiceMechanical) Selection workload Group ‘A’Grade

5 6 7 8 9

Selection Not applicable Not applicable Not applicable Not applicableNon Selection Not applicable Not applicable Not applicable Not applicable

10 11 12 13 14

Not By Promotion : Execution Group ‘A’ DPC for Consultationapplicable promotion/by Engineer (Civil) with 5 considering to the

posting from years regular service in 1. commentsthe Army the grade possessing a Chairman/Member notNumber of degree or equivalent UPSC Chairman necessaryposts to be qualification in (civil) 2. Secretary

156

filled by each Engineering Border Roadsmethod to Developmentdecided as per Posting from Army: Board - Memberpersonnel Officers of the rank of Ltpolicy Colonel per personnel 3. Directorapproved by policy referred to in General Borderthe Central column 11. Roads- MemberGovernmentfrom time totime

Not By Promotion: From Group ‘A’ DPC for Consultationapplicable promotion/by Officers of the ranks of: considering to the

posting from Superintending Engineer promotion: commentsthe Army (Electrical & Mechanical) 1. Secretary notNumber of and on entering of 14th Border Roads necessaryposts to be year of service in Group Developmentfilled by each ‘A’ post. Border Roads Board - Chairmanmethod to Engineering Servicedecided as per (Electrical &Mechanical) 2. Directorpersonnel on 1st July of the year General Borderpolicy Calculated from the year Roads- Memberapproved by following the year ofthe Central examination from the 3. Dy DirectorGovernment year following the year of Generalfrom time to examination on the basis Directoratetime of which the other was General Border

ecruited Roads - MemberPosting from Army :Officers of the rankColonel as per personnelpolicy referred to incolumn 11 .

157

5. Superintending 6* (1988) *Subject to Border Roads Rs. 3700-125-4700Engineer (Electrical variation depending on Engineering Service 150-5000& Mechanical) workload Group ‘A’

5 6 7 8 9Non Selection Not applicable Not applicable Not applicable Not applicable

10 11 12 13 14

Not By Promotion : Execution Group ‘A’ DPC for Consultationapplicable promotion/by Engineer (Electrical & considering to the

posting from Mechanical) with 5 years promotion: commentsthe Army regular service in the 1. notNumber of grade possessing a Chairman/Member necessaryposts to be degree or equivalent UPSC Chairmanfilled by each qualification in (Electrical 2. Secretarymethod to & Mechanical) Border Roadsdecided as per Engineering or Developmentpersonnel Automobile Engineering Board - Memberpolicy equivalent qualification or 3. Directorapproved by Posting from Army: General Borderthe Central Officers of the rank of Lt Roads- MemberGovernment Colonel per personnelfrom time to policy referred to intime ·column 11.

1 2 3 4 5 6 7

Executive 178* Border Roads Rs.3000 Selection Not Not applicableEngineer SUbject to Engineering 100-3500- applicable(Civil) variation Service 125-4500

dependent Group ‘A’on workload

8 9 10 11

Not applicable Not applicable Not applicable By Promotion by posting from theArmy Number of posts to be filled byeach method to be decided as perpersonnel policy approved by theCentral Government from time to time.

158

12 13 14

Promotion: Group ‘A’ Departmental Consultation with theAssistant executive Engineer (Civil) Promotion Committee (for Commission notwith 5 year regular service in the considering promotion) necessarygrade and possessing at least a . 1. Chairman/Member UPSCdiploma in Civil Engineering or - Chairmanequivalent qualification 2. Secretary BRDB MemberPosting from Army:Officers of the rank of Major as per 3. Director General Borderpersonnel policy referred to in Roads - Membercolumn 11.

1 2 3 4 5 6 7

Executive 53* Border Roads RS.3000 Selection Not NotEngineer Subject to Engineering 100-3500- applicable applicable(Electrical & variation Service 125-4500Mechanical) dependent Group ‘A’

on workload

8 9 10 11

Not applicable Not applicable Not applicable By Promotion by posting from theArmy Number of posts to be filled byeach method to be decided as perpersonnel policy approved by theCentral Government from time to time.

159

12 13 14

Promotion: Group ‘A’ Departmental Consultation with theAssistant executive Engineer Promotion Committee (for Commission not(Electrical & Mechanical) with 5 considering promotion) necessaryyear regular service in the grade 1. Chairman/Member UPSCand possessing at least a degree - ChairmanElectrical & Mechanical orequivalent qualification 2. Secretary BRDBMemberNote: Departmental Candidatesholding the posts of AssistantExecutive Engineer (Electrical & 3. Director General BorderMechanical ) on a regular basis on Roads - Memberthe date of promulgation of theserules and possessing diploma inElectrical/Mechanical shall beconsidered for promotion.Posting from Army:Officers of the rank of Major as perpersonnel policy referred to incolumn 11.

1 2 3 4 5 6 7

Asslstant 340 ** 20 Border Rs. 2200 Selection For recruitment NotExecutive ** Leave Roads 75-2800- through applicableEngineer Reserve Engineering EB-100- Combined(Civl) (1938) Service 4000 Engineering

*Subject Group ‘A’ Serviceto Examinationvariation Not less thandependent 20 years buton work less than 27load years.

Note: Thecrucial date ofdeterminingthe age limitshall be theclosing date forreceipt ofapplicationfromcandidates inIndia (otherthan those inAndman &Nicobar IslandandLakshadweep).For Special .

160

recruitmentthroughinterview.Not exceedina35 years(Relax able forGovt servantup to 5 yearsin accordancewith theinstruction ororder issuedby the CentralGovernment)Note: Thecrucial datefor determiningthe age limitshall be theclosing date forreceipt ofapplication fromcandidates inIndian (otherthan those inAndaman &NicobarIslands andLakshadweep)

8 9 10 11For recruitment through Age: No 2 years (a) By posting of Army Officer of theCombined Engineering Educational rank of Captains from the ArmyService Examination: qualification to Number of posts to be filled by Army1. Degree in Engineering of the extent Officer will be decided as pera recognized University or indicated in personnel policy approved by theequivalent. For special column 12 Central Government from time to timerecruitment through (b) Out of the balance-interview: Degree in Civil (i) 20% by promotion.Engineering of a (ii) 80% by direct recruitmentrecognized university or through the combinedequivalent. Engineering ServiceNote: Qualification are Examination held by Unionrelax able at the dis of the Public Service Commission inUnion Public Service accordance with the schemeCommission select of of examination for Civilcandidates otherwise well Engineering Group of servicesqualified . able :13 years and posts failing which byprofessional experience in pencil recruitment throughthe field of Civil Engineering interview.

161

12 13 14

Promotion: Group lA’ Departmental Consultation with UPSC isAssistant executive Engineer Promotion Committee (for necessary while maxing(Civ) with 3 year regular service considering promotion) direct recruitment/promotionin the grade and possessing at 1. Chairman/Member UPSCleast a Diploma in Civil ChairmanEngineering from Recognized 2. Secretary BRDB - MemberUniversity of equivalentqualification 3. Director General BorderPosting from Army: Roads - MemberOfficers of the rank of Major as Group lA’ DPC (for consideringper personnel policy referred to confirmation)in column 11. 1. Secretary Border Roads

Development Board - Chairman2. Director General Border Roads- MemberNote The proceeding of the DPCrelating to the confirmation shallbe sent to the Commission forapproval. If however, these arenot approved by the Commissiona fresh meeting of the DPC to bepresided over by the Chairman ora Member of the UPSC shall beheld

1 2 3 4 5 6 7

Assistant 152*(1938) Border Rs.2200- Selection For recruitment NotExecutive *Subject to Roads 75-2800- through Combined ApplicableEngineer variation Engineering EB-100- Engineering Service(Electric & dependent Service 4000 Examination NotMechanical) on work Group 'A’ less than 20 years

load but less than 27years. Note: Thecrucial date ofdeterminingthe age limitshall be theclosing date forreceipt ofapplication fromI candidates inIndia (otherthan those inAndman &INicobar Islandand

162

Lakshadweep).For Special .recruitmentthroughinterview.Not exceedina35 years(Relax able forGovt servantup to 5 yearsin accordancewith theinstruction ororder issuedby the CentralGovernment)Note: Thecrucial datefor determiningthe age limitshall be theclosing date forreceipt ofapplication fromcandidates inIndian (otherthan those inAndaman &NicobarIslands andLakshadweep

8 9 10 11

For recruitment through Age: No 2 years (a) By posting of Army Officer ofCombined Engineering Service Educational the rank of Captains from theExamination: qualification to Army Number of posts to be filled1. Degree in Engineering of a the extent by Army Officer will be decidedrecognized University or indicated in as per personnel policy approvedequivalent. For special column 12 by the Central Government fromrecruitment through interview: time to timeDegree inElectrical/Mechanical/Automobile (b) Out of the balance-Engineering of a recognized i) 50% by promotionuniversity or equivalent. (ii) 50% by direct recruitmentNote: Qualification are relax through the combinedable at the discretion of the Engineering ServiceUnion Public Service Examination held byCommission in case of Union Public Service

163

candidates otherwise well Commission inqualified: Desirable : accordance with theExperience in overhaul repair scheme of examination forand maintenance of automobile, Electrical and Mechanicalload carrying and load making Engineering Group ofmachinery and ectUipment services and posts failing

which by pencilrecruitment throughinterview.

12 13 14

Promotion: Group lA’ Departmental Consultation with,UPSC isAssistant executive Engineer Promotion Committee (for necessary while maxing(Electrical &Mechanical) with 3 considering promotion) direct recruitment/promotionyear regular service in the 1. Chairman/Member UPSCgrade remerged after Chairmanappointment thereto on regular 12. Secretary BRDB - Memberbasis and possessing at leasta Diploma in Electrical & 3. Director General BorderMechanical or Automobile Roads - MemberEngineering or equivalent Group ‘A’ DPC (for consideringqualification confirmation)Posting from Army: 1. Secretary Border RoadsOfficers of the rank of Captain Development Board - Chairmanas per personnel policy referred 2. Director General Border Roadsto in column 11. - Member

Note : The proceeding of the DPCrelating to the confirmation shallbe sent to the Commission forapproval. If however, these areI not approved by the Commissiona fresh meeting of the DPC to bepresided over by the Chairman ora Member of the UPSC shall beheld

(F No 144 (2)/88 Pers)S.S. BAJPAI Dy. Secy

Note: Principal recruitment rules published in Gazette of India, Part II Section 3, Sub Section (i) underGSR 1554 and subsequent amended by :-

1. GSR No 185 dated 14-2-19812. GSR No 523 dated 5-6-19823. GSR No 1279 dated 22-12-19844. GSR No 1280 dated 22-12-19845. GSR No 1281 dated 22-12-19846. GSR N 0 368 dated 24-5-1986

164


(ADG SECTT)

71011/DGBR167/ADG Sectt 10May 2012

DEPLOYMENT OF BRIG V S KATTARYA AS DDG (TP) AT HQ DGBR

1. Sectt BRDB letter No BRDB/06/35/90/GE.1 dated 25 Aug 2010 has instructed that there will be

rotation among the Army and GREF officers holding Chief Engineer posts. However, it has been observed

in the past that rotation policy is not being observed in letter and spirit and many a times deliberate

attempts are made to violate this policy.

2. Recent instance of such violation is the posting of Brig VS Kattarya as DDG (TP). The fact

shows that the officer has not served in any of the Border Roads Projects in the capacity of Chief

Engineer except one command tenure as Commander 14 BRTF. Therefore, he does not have much

exposure with the functioning of Border Road Projects and HQ DGBR.

3. Hon’ble Defence Minister has also issued directions that posting of Army officers in BRO shall

be made in consultation with Cadre Controlling Authority. However, there is no record that Cadre

Controlling Authority has been consulted by IHQ of MoD/MS Branch (Brig) before issuing posting order

of the officer because Sectt BRDB has issued a direction to HQ DGBR to appoint Shri Vinod Kumar,

Chief Engineer (Civil) as DDG (TP).

4. In addition there are experienced GREF Chief Engineers, who can be given DDG (TP)

assignment, like Shri SS Porwal, VSM as Chief Engineer (P) Vartak, Setuk and Udayak, who is due for

turn over in Delhi and Shri AK Goyal as Chief Engineer (P) Chetak and Arunank. If experienced officers

are available from GREF, why should Brig VS Kattarya be called on loan and paid out of job?

5. There are number of Institutions such as GREF Centre, Training Institute, R&D Establishment,

Projects Setuk, Sampark & Brahmank, working without Chief Engineers. Rotation in Project Setuk is

long over due. Similarly, placing of Chief Engineer R&D and Training Institute is pending since 2006.

Therefore, it will be appropriate that Brig VS Kattarya reported to HQ DGBR be placed in R&D or

Training Institute to abide by the directions issued by the Sectt BRDB.

6. Para 2 (v) of BRDB letter No F.42 (2)/BRDB/88-Estt dated 09th June 1989 states “DDG (Pers)

will put up papers/files directly to the DGBR except for Civilian Group ‘A’ & ‘B’ officers in whose cases

DDG (Pers) will put up papers/files through the Addl DGBR”. DDG (Pers) is advised to take appropriate

action to follow the instructions issued by the Govt. It is also imperative to mention that violation of Govt.

orders may attract Conduct Rule provisions under CCS (CCA) Rules 1965.

165

7. Violation of Hon’ble Defence Minister’s directions on such issues under any circumstances will

unnecessarily invite criticism and heartburning and shall not be allowed in the overall interest of the

Organisation, till the greater issue of posting of Army officers against BRES vacancies is resolved at

appropriate level.

xxxsdxxx

(Dr VKYadav)

Addl DGBR


DDG (Pers)

HQ DGBR

Copy to:-

The Secretary - Instances of violation of Govt. orders are to be

Border Roads Development Board seen as misconduct and officers responsible

4th Floor, ‘B’ Wing for such violation should be issued show cause

Sena Bhawan notice under the appropriate provisions of CCS

New Delhi-110011 (CCA) Rules 1965 so that such violations do not

recur in future please.

166

Headquarters


Seema Sadak Bhawan


New Delhi-11 0010

71011/DGBRI165/ADG Sectt 16 May 2012

Hon’ble Raksha Rajya Mantri

Chairman



POOR QUALITY OF WORKS DUE TO

LACK OF CLEAR POLICY VISION IN BRO

Sir,

1. It is painful for me to know that there has been a debate in the Rajya Sabha raised by Hon’ble

Member of Parliament Shri Rajiv Pratap Rudi regarding the poor quality of works executed by BRO.

This shows that there is an urgent need to meet the aspirations of the road users in far flung remote

areas of the country.

2 . The quality of roads, particularly the roads constructed by BRO needs to be addressed taking

into consideration various climatic conditions such as -heavy rainfall, snowfall and geological constraints

coupled with natural calamities. .The environmental factors can be mitigated through better technical

provisions and innovative road construction technologies incorporating various advanced products

and technologies.

3. Apart from this, trained officers and manpower, semi and skilled workers also plays very vital

role in achieving the overall quality of constructed roads as BRO is primarily a departmental road

construction agency. The supervision of road works all over the world is the responsibility of Civil

Engineers and the maintenance and management of construction equipment and plants is looked

after by Mechanical Engineers of the Organisation. Nowhere in this country, Military Officers, without

Civil Engineering background are allowed to occupy a Civil Group “A’ post in any of the Central Govt.

department such as NHAI, MoRT&H etc engaged in road infrastructure development.

4. The technical parameters required to meet the geological and climatic conditions in the

construction of roads can very well be tackled by the Civil Engineers of the Organisation. However, the

Ministry has taken a stand that 50% of the BRO Civil Engineer posts particularly at the higher level of

167

Chief Engineer and Superintending Engineer including the DGBR Post will be filled by the Army Officers

on consideration of Extra Regimental Employment.

5. It is mentioned that the Army Officers are being allowed to occupy the Civil Engineer posts

purely for the purpose of Regimentation of BRO. Therefore, in most of the cases, the officers posted to

BRO against the Civil Engineer posts have neither any previous experience/expertise nor the theoretical

knowledge of civil engineering and hence it is very difficult to meet the quality guidelines for the works

being executed under their supervision and guidance.

6. Similarly, if we see the functioning of other similar road building organizations such as NHAI,

MORT&H etc we find that the Head of the Orqanisations in these departments is always an officer with

Civil Engineering background having experience of 25-30 years behind him in road construction works.

However, in BRO the appointment of Head of the Organisation i.e. DG, Border Roads is purely on the

consideration of Regimentation. Therefore, there is a total lack of experience/expertise, knowledge of

road construction at the top level and taking advantage of this the ground executives works in their own

way as nobody is there to guide them from the top about the various aspects of road construction.

7 Another aspect of poor execution of BRO is lack of proper training module for its Supervisors

and Engineers. CCS has approved establishment of Training Institute for BRO, which is not yet opened

because the DG, Border Roads is of the view that the BRO Training School should be opened under

the command and control of CME, Pune as he feels that regimentation and militarization is of prime

concern of this Organisation because of his appointment criteria of Regimental Employment.

8. A very important aspect of preventive vigilance is totally missing in the organization as the

complete Vigilance Directorate officers posts have been earmarked for Regimental postings of Army

Officers. It is also mentioned here that administrative Ministry of BRO has no disciplinary power against

the Army Officers posted in BRO for the Regimental Employment as their postings and service matters

are dealt by IHQ of MoD and not by Ministry of BRO. Therefore, nearly 50% of the officers of the

Organisation are working on their own way without any control of Administrative Ministry of BRO, purely

on the Regimentation consideration.

9. In view of the above, it is the right time that the Administrative Ministry of BRO shall decide

whether they want BRO to be developed as World Class Departmental Road Construction Organisation

or it should be converted into a Regiment of Indian Army just for the sake of occupation of Civil Engineer

posts of DG, Border Roads, Chief Engineer, Superintending Engineer etc. by few Military officers, who

are neither the part of the Organisation nor under the administrative control of BRO Ministry. Unless

Ministry brings out clear vision of the Organisation and put it in public domain, the ultimate aim of

constructing good quality roads will be a dream as regimentation and work cannot be mixed together

as they are two contradictory aims which BRO cannot achieve without compromising one of them.

168

10. I request that the facts and suggestions brought out above, may please be given due consideration

to make this Organisation a true road building organization, meeting aspirations of all stake holders

including the Armed Forces as was envisaged by the visionary Prime Minister late Pandit Jawaharlal

Nehru while raising this Organisation under his esteemed guidance and leadership.

Thanking you,

xxxsdxxx

(Dr VK Yadav)

AddlDGBR

Copy to:-

Defence Secretary - The BRDB was set up by the Govt. of India for the

(On behalf of Cadre Controlling purpose of developing roads in Border areas and to

Authority of BRES Cadre) meet this aim the Govt. has raised BRO so that the

Go~. of India works approved in the BRDB programme can be

South Block executed on priority basis. Nowhere Govt. of India

New Delhi has ever placed any policy that Military trained officers

will be diverted for undertaking the road construction

works. Ministry is requested to look into the matter so

that BRO can achieve its ultimate goal of construction of

good quality roads meeting the aspirations of all stake

holders.

Secretary BRDB - Hon’ble RM has already issued directions that posting of

(Ex-Officio Military officers in BRO will be done in consultation with

Ministry of MoRT&H) the administrative Ministry. How unqualified and

4th Floor, ‘B’ Wing inexperienced officers from the Indian Army are allowed

Sena Bhawan by the MS Branch of IHQ of MoD without the approval

New Delhi-110 011 of Administrative Ministry needs to be looked into.

DDG (Pers) - Please take appropriate action for not allowing

HQ DGBR occupation of Civil & Mechanical Engineer posts by

inexperienced and unqualified Military Officers in BRO.

169

Headquarters


Seema Sadak Bhawan


New Delhi-110 010

1451NKY/DGBR/ADG Sectt ‘5 May 2012

Shri Subhash Chandra, lAS

Joint Secretary (G)

Govt of India

Ministry of Defence

South Block

New Delhi

SUB: - APPOINTMENT OF DIRECTOR GENERAL BORDER ROADS

ORGANISATION IN GROSS VIOLATION OF GOVT. OF INDIA

(TRANSACTION OF BUSINESS) RULES, 1961

1. Reference MoD letter No. 23 (6)/2011- D (MS) dated 01 March 2011 (Refer Annexure-A1) in

response to RTI application dated 04.01.2011 according to which, the appointment of Major General S

Ravi Shankar as DG, BRO on his Promotion to Lt General has been approved by MoD on the

recommendation made by Army HQ. The approval of the Appointments Committee of Cabinet (ACC)

for appointing Lt General S Ravishankar as DG, BRO was not obtained because the Annexure-I of the

Govt. of India (Transaction of Business) Rules 1961, is silent about appointment to the DG, BRO post

and your office is unaware of recruitment rules for the post.

2. In this context, the following is brought to your notice:-

(a) The post of DG, BRO belongs to the Civil Engineer Cadre of BRO and is a Group ‘A’

post in the HAG pay scale of Rs 67000-79000 (equivalent to the pay scale of Addl Secretary to

Govt. of India) under the administrative control of Border Roads Development Board, Govt. of

India, Ministry of Road Transport & Highways. Refer Govt. of India, Gazette Notification GSR

No. 281 (E) dated 13 Mar 1987 Page No 31, (Refer Annexure-A2 (Extract)) under which pay

revision of DG, BRO post under Ministry of Transport was carried out on the implementation of

4th Central Pay Commission.

(b) The Army HQ has confirmed under RTI reply that DG, BRO post is not under the ambit

of Indian Army. (Refer Annexure-A3, RTI reply received from RTI Cell of Army HQ).

(c) According to Rule 4 of Govt of India (Transaction of Business) Rules 1961, inter

departmental consultations stipulate that: (1) when the subject of a case concerns more than

one department, no decision be taken or order issued until all such departments have concurred,

170

or failing such concurrence, a decision thereon has been taken by under the authority of the

Cabinet. (Refer Annexure A-4 Extract).

(d) Sub Rule (4) of Rule 4 of (Transaction of Business) Rules, 1961 provides that unless

the case is covered by a decision or advice previously given by the Department of Personnel &

Training, the department shall be consulted on all matters involving:-

(i) the determination of matters of recruitment and conditions of service of general application

to Govt. servants in civil employment; and

(ii) the interpretation of the existing orders of general application relating to such recruitments

or conditions of service.

(e) Annexure-I to the First Schedule of Gol (Transaction of Business) Rules 1961,

Appointments requiring the approval of ACC Para 2 demonstrates that all appointments of

civilian officers in the Govt. of India carrying a salary or salary scale or Pay Band plus Grade

Pay equivalent to or higher than the minimum of such scale or Pay Band plus Grade Pay

payable to the Joint Secretary to the Govt. of India requires ACC approval. (Refer Annexure

A-5 Extract).

(f) DOPT OM dated 30th Mar 1998 states that “the mode of recruitment of a Group ‘A’ post

in absence of Recruitment Rules shall be decided by UPSC and no appointment shall be made

on any post on adhoc basis on the ground that no recruitment rules exists for the same”.(Refer

Annexure A-6 Extract).

3. Therefore, your interpretation, that Gol (Transaction of Business) Rules, 1961 is silent about

the appointment criteria and ACC approval for Group 'A’ DG,BRO post, is incorrect. The Administrative

Ministry of BRO, vide their letter No. F.No. BRDB/10/1238/2010/G.E.1 dated 01 Apr 2011 (Refer

Annexure-A7) has already clarified that ACC approval is required for the appointment of DG, BRO

post according to the DoPT OM dated 15 Oct 1997.

4. In the instant case a military officer of the rank of Lt General from the strength of Indian Army is

coming to occupy a Group 'A’ Civil Engineering Post of DG, BRO under the Ministry of Road Transport

& Highways, Border Roads Development Board in absence of any recruitment and selection rules.

Therefore, consultation of DOPT and UPSC as per Para 2 (d) and (f) above is mandatory. The ACC

approval in the appointment to a Group ‘A’ post in the HAG scale is condition at precedent as per Para

2 (e) above.

5. It is also brought to your notice that transaction of Business of Border Road Development

Board is done according to the rules of business of BRDB made by the Prime Minister in the capacity

of Chairman BRDB. (Annexure-A-8). The BRDB rules of Business do not provide any mandate to the

Chairman BRDB or its instrumentalities for making appointment to a permanent post such as DG,

BRO.

171

6. In view of the facts brought herein above, it is clear that the appointment to DG, BRO post is being

done in gross violation of Govt. rules and regulations. Therefore, you are requested to review the present

appointment criteria and allow appointment to the post of DG, BRO in accordance to the rules and

regulations prescribed in the Govt. of India (Transaction of Business) Rules, 1961 and various DoPT

OMs to bring legitimacy and transparency in the appointment of Head of the Department of BRO.

xxxsdxx

(Dr VK Yadav)

Addl DGBR


Encl: (14 Pages)

Copy to:

Defence Secretary - 1. The appointment to the Group ‘A’ Civil Engineering Post in BRO

(On Behalf of Cadre on the strength of Ministry of Road Transport and Highways is

Controlling Authority of being undertaken on the recommendation of MS Branch of Army

Group ‘A’ Posts of BRO) HQ through the office of JS (G), MoD in gross violation of Govt. of

Govt. of India India (Transaction of Business) Rules 1961 and the statutory

101, South Block service rules made by the DoPT. Kindly pass necessary instructions

New Delhi to JS(G), MoD not to process the case of appointment of DG, BRO

post on the recommendation of Army HQ only.

2. It is also requested that an enquiry may be ordered to fix the

responsibility of the administrative ministry of BRO in failing to make

recruitment rules to the DG, BRO post and allowing MS Branch of

Army HQ to appoint their officer to this post in gross violation of Govt.

of India (Transaction of Business) Rules 1961 and statutory service

rules circulated by DOPT OMs please.

Secretary BRDB - The post of DG, BRO is under the administrative control of Ministry

(Ex-officio MORT&H) of Road Transport & Highways, BRDB. You are requested to kindly

4th Floor, ‘B’ Wing take necessary action that the appointment to this post is carried out

Sena Bhawan according to the Govt. of India (Transaction of Business) Rules,

New Delhi-110011 following the statutory rules made under various DOPT OMs please.

Shri KL Nandwani - For information and necessary action please.

Deputy Secretary (MS) &

CPIO

Govt. of India

Ministry of Defence


Director (MS-X) - For information and necessary action please.

IHQ of MoD


172

MOST IMMEDIATERTI MATTER

No.23 (6)/2011 - D (MS)Government of IndiaMinistry of Defence

South Block, New DelhiDated the 1st March, 2011

To

Dr. VK YadavAddl DG (BR)HQ DGBRSeema Sadak Bhawan, Ring Road,Delhi Cantt, New Delhi - 110010

Subject: Appointment to the post of Director General, Border Roads (DGBR).

Sir,

This has reference to your application dated 04.01.2011) seeking certain information under theRTI Act, a copy of which has been forwarded to the undersigned by the Ministry of Road Transport &Highways, Border Roads Development Board, vide their letter No. BRDB/03/199/2008/GE-1 dated15thFebruary, 2011.

2. Consequent upon his promotion as Lt Gen Maj Gen S. Ravishankar, VSM (Engrs) was postedas DGBR in keeping with the recommendation in this behalf made by Army HQ. While this Ministry didobtain approval of ACC at the time of Maj Gen S Ravishankar’s empanelment as Lt. Gen, the case wasnot referred again to ACC while appointing him as DGBR. ln this context, it may be added that Annexure-1 to the "Transaction of Business Rules, 1961” specifying the appointments requiring the approval ofthe ACC’ (copy enclosed) is silent, in so far as the post of Director General Border Roads is concernedAs regards Recruitment Rules for the post, a copy of this letter is being endorsed to ADG/AE RTI Cell,AHQ as also to Ministry of Roads Transport & Highways, with the request to furnish the requisiteinformation direct to you.

Yours faithfully,xxxsdxxx(K L Nandwani)Deputy Secretary (MS) & CPIOTel: 23017523

Copy forwarded to:

ADG/AE RTI Cell, AHQ - AIong with a copy of RTl application with the request to furnishRecruitment Rules for the post to the applicant directly under.Sectlon 6 (3) of.RTI Act 2005 underintimation to this Office.

Shri Manmohan pipil (under Secretary & CPIO) Ministry of Roads Transport & Highways,BRDB-With reference to letter No. BRDB/03/199/2008/GE-I dated 01.02.2011. He is requested to furnishRecruitment Rules for the post direct to the applicant.

Shri KS Sampath (Under Secretary & CPIO, UPSC)- With reference to Letter No. 2/3 (1)/2011-AP-IV dated 07.01.2011

173

THE GAZETTE OF INDIA: EXTRAORDINARY

S.N Posts Present Scale (Rs) Revised Scale (Rs)

1 2 3 4

2. Suryeyor General 2500-125/2-2750 5900-200-7300

(2) India Meteorological Department (IMD)

1. Regional Directors 1500-60-1800-100-2000 4500-150-5700

2. Director General 3000/- (fixed) 7600/- (fixed)

(3) National Atlas Thematic and Mapping 2000-125/2-2250 5900-200-7300

Organisation (NATMO) Director

XIX MINISTRY OF STEEL AND MINES

(Department of Mines)

(1) Geological Survey of India

1. Director General, GSI 3000/- (fixed) 8000/- (fixed)

2. Senior Administrative Grade (a) 2250-125/2-2500

(b) 2500-125/2-2750 5900-200-6700

Note : Recommendations in regard of selection scale of

Rs.4500-150-5700 for the apply to Officer of G.S.I

(Geological)

3. Regional Administrative Officer 1300-50-1700 3700-125-4700

(2) Indian Bureau of Mines

1. Controller General 2500-125/2-2750 7300-100-7600

2. Chief Controller 2250-125/2-2500 5900-200-6700

3. Regional Controller of Mines 1500-60-1800-100-2000 4100-125-4850

4. Deputy Controller of Mines 1200-50-1700 3700-125-4700

5. Director Ore Dressing 2250-125/2-2500 5900-200-6700

6. Superintending Mining Geologist

7. Superintending Ore Dressing Officer

8. Superintending Mineral Economist 1500-60-1800-100-2000 4100-125-4850

(Intelligence)

9. Regional Mining Geologist/Ore

Dressing Officer/Mineral Economist

(Geo-Group Intelligence) 1300-50-1700 3700-125-4700-150-5000

10. Administrative Officer 840-40-1000-PB-40-1200 2700-75-2800-PB100-

XX MINISTRY OF TRANSPORT

(Department of Surface Transport)

1. Additional Director General (Central 2500-125/2-3000 7300-100-7600

Engineering Service Roads)

2. Deputy Development Adviser (Ports) 2250-125-/2-2500 5900-200-6700

3. Chief Engineer-cum Administrator 2000-125/2-2250 5900-200-6700

(Andaman & Lakshadweep harbour

Works)

174

S. No. Posts Present Scale (Rs) Revised Scale (Rs)1 2 3 4

Lighthouse and LightshipsGeneral 2000-125/2-500 5900-200-6700Director General 1500-60-1800-100-2000 4500-150-5700

1300-125/2-2750 3700-125-4700-150-5000

BORDER ROADS ORGANISATIONGeneral 2500-125/2-2750 7300-100-7600

In addition there may be apost in the scale ofRs.7300-100-7600 whichshould be available tocivilian officers of BorderRoad Engineering Service

Officer Grade I (SG) 1300-50-1700 3700-125-4700-150-5000

MINISTRY OF URBAN DEVELOPMENTGeneral (Works) 3000-100-3500 8000/- (fixed)Director General (Works) posts 2500-125/2-2750 7300-100-7600 (without

(With Spl. Pay Rs. special pay)250/- pm)

Architect, C.P.W.D 2250-125/2-2750 5900-200-6700

MINISTRY OF WELFARECentre for Adult Deaf 900-40-1100-EB-50- 300-100-3500-125-4500

1400

DEPARTMENT OF ATOMIC ENERGY4000/- (fixed) 8000/- (fixed). For the

incumbents on 1.1.1986Rs.9000/- (fixed) aspersonal.

DEPARTMENT OF ELECTRONICSAdviser 2250-125/2-2500-EB- 5900-200-6700

125/2-2750

SECRETARIATSecretary 3500/- (fixed) 9000/- (fixed)

AN AUDIT AND ACCOUNTS DEPARTMENTPal Accountant General/Principal 2500-125/2-2750 (plus 7300-100-7600 (without SplDirector of Audit Spl. Pay of Rs.250/-) Pay)Regional Deputy Comprtoller and 2500-125/2-3000 (plus 7600/- (fixed) without SplAuditior General (Comptroller and Spl. Pay of Rs.250/-) PayAuditor Central (Commercial) 3250/- (fixed)-cum-Chair Audit BoardBy Comptroller and Auditor Gneral 3250/- (fixed) 8000/- (fixed)UNION TERRITORIESUnion Territory of Delhi of Economics 1100-50-1600 3700-125-4700-150-and Statistics of Social Welfare 5000Programme Officer 700-40-900-EB-40- 3000-100-3500-125-(Interated Child delopment) 1100-50-1300 4500

175

Tele. 011-23019585

ASCON : 35676

RIGHT TO INFO ACT

IMDT

TIME BOUND

A/810027/RTI/Misc 11 Mar 11

ADDITIONAL DIRECTORATE GENERAL OF ARMY EDUCATION RTI CELL

RIGHT TO INFORMATION ACT - 05

APPOINTMENT TO THE POST OF DIRECTOR GENERAL, BORDER ROADS

DR VK YADAV, VSM

1. Ref your Note 10 No 23 (6)/2011-0 (MS) dated 01 Mar 11 received at this office on 04 Mar 11.

2. It is intimated that none of the queries of applicant are pertaining to IHQ of MoD (Army). Applicant

vide his application dated 04 Jan 11 is merely seeking a copy of Govt Orders on appointment to the

post of Director General (BR) and the same is not under the ambit of IHQ of MoD (Army). Hence, no

action is warranted from this office.

3. Enclosure recived vide your ibid Note are returned herewith for, your correct disposal please.

(Rajesh Raghav)

Lt Col

GSO-1 (RTI)

for DDG RTF

Enclosures: As above.

MoD/D (MS)

Copy to :-

Dr VK Yadav, VSM

Addl DG (BR)

HQ DGBR

Seema Sadak Bhawan, Ring Road

Delhi Cantt, New Delhi - 110 010

176

RASHTRAPATIBHAVANNEW DELHIJanuary 14, 1961.

Pausa 24, 1882(S)

ORDER

THE GOVERNMENT OF INDIA (TRANSACTION OF BUSINESS)RULES

In exercise of the powers conferred by clause (3) of article 77 of the Constitution and in

supersession of all previous rules and orders on the subject, the President hereby makes the following

rules for the more convenient transaction of the business of the Government of India: -

1. Short Title.- These rules may be called the Government of India (Transaction of Business)

Rules, 1961.

2. Definition.- In these rules, “department” means any of the Ministries, Departments, Secretariats

and Offices specified in the First Schedule to the Government of India (Allocation of Business) Rules,

1961.

3. Disposal of Business by Ministries.-Subject to the provisions of these Rules in regard to

consultation with other departments and submission of cases to the Prime Minister the Cabinet and its

Committees and the President, all business allotted to a department under the Government of India

(Allocation of Business) Rules, 1961, shall be disposed of by, or under the general or special directions

of, the Minister-in-charge.

4. Inter-Departmental Consultations (1) When the subject of a case concerns more than one

department, no decision be taken or order issued until all such departments have concurred, or, failing

such concurrence, a decision thereon has been taken by or under the authority of the Cabinet.

Explanation- Every case in which a decision, if taken in one Department is likely to affect the transaction

of business allotted to another department, shall be deemed to be a case the subject of

which concerns more than one department.

(2) Unless the case is fully covered by powers to sanction expenditure or to appropriate or

re-appropriate funds, conferred by any general or special orders made by the Ministry of

Finance, no department shall, without the previous concurrence of the Ministry of Finance,

issue any orders which may-

(a) involve any adornment of revenue or involve any expenditure for which no

provision has been made in the appropriation act;

(b) involve any grant of land or assignment of revenue or concession, grant, lease

or licence of mineral or forest rights or a right to water power or any easement or

privilege in respect of such concession;

(c) relate to the number or grade of posts,or to the strength of a service, or to the

payor allowances of Government servants or to any other conditions of their

service having financial implications; or

177

(d) otherwise have a financial bearing whether involving expenditure or not;

Provided that no orders of the nature specified in clause (c) shall be issued in respect of the

Ministry of Finance without the previous concurrence of the Department of Personnel and Training.

(3) The Ministry of Law shall be consulted on-

(a) proposals for legislation;

(b) the making of rules and orders of a general character. In the exercise of a statutory

power conferred on the Government; and

(c) the preparation of important contracts to be entered into by the Government.

(4) Unless the case is fully covered by a decision or advice previously given by the

Department of Personnel and Training that Department shall be consulted on all matters involving-

(a) the determination of the methods of recruitment and conditions of service of

general application to Government servants in civil employment; and

(b) the interpretation of the existing orders of general application relating to such

recruitment or conditions of service.

(5) Unless the case is fully covered by the instructions issued or advice given by that Ministry,

the Ministry of External Affairs shall be consulted on all matters affecting India’s external

relations.

5. Requests for Papers.- (1) The Prime Minister may call for papers from any Department.

(2) The Finance Minister may call for papers from any Department in which financial

consideration is involved.

(3) Any Minister may ask to see papers in any other Department if they are related to or

required for the consideration of any case before him.

6. Committees of the Cabinet.-

(1) There shall be Standing Committees of the Cabinet as set out in the First Schedule to

these Rules with the functions specified therein. The Prime Minister may from time to

time amend the Schedule by adding to or reducing the numbers of such Committees or

by modifying the functions assigned to them.

(2) Each Standing Committee shall consist of such Ministers as the Prime Minister may

from time to time specify.

(3) Subject to the provisions of rule 7, each Standing Committee shall have the power to

consider and take decisions on matters referred to it by order of the Minister concerned

or by the’ Cabinet.

(4) Adhoc Committees of Ministers including Group of Ministers may be appointed by the

Cabinet, the Standing Committees of the Cabinet or by the Prime Minister for investigating

and reporting to the Cabinet on such matters as may be specified, and, if so authorised

by the Cabinet, Standing Committees of the Cabinet or the Prime Minister, for taking

decisions on such matters.

178

ANNEXURE I TO THE FIRST SCHEDULE

APPOINTMENTS REQUIRING THE APPROVAL OF THE

APPOINTMENTS COMMITTEE OF THE CABINET

Departments Appointments

A. All Ministriesl 1. Secretariat appointments of and above the rank of Joint Secretary in

Departments the Central Government.

2. All other appointments of civilian officers in the Government of India

carrying a salary or salary scale or pay band plus Grade Pay equivalent

to or higher than the minimum of such scale or pay band plus Grade

Pay payable to a Joint Secretary to the Government or India except.

(i) appointment of Indian Police Service officers of Inspector General

and Additional Director General levels in the Central Police

Organisations under the Ministry of Home Affairs.

(ii) appointment of officers of the Defence Forces of the rank of Major

General or equivalent in the Central Police Organisations under the

Ministry of Home Affairs and

(iii) appointment of organised Group ‘A’ Central Services officers to the

posts in the cadre other than the posts which carry the pay scale

equivalent to the Secretary to the Government of India.

3. Appointment of officers abroad (other than officers belonging to the

Ministry of External Affairs), to the posts of the rank of Third Secretaries

or equivalent and above in Indian Missions or outside such Missions.

4. Appointment of Private Secretaries and Officers on Special Duty in the

office of the members of the Union Council of Ministers

5. Appointment in autonomous institution and statutory bodies, under the

Central Government to the posts of the Chief Executive in the salary or

salary scale or pay band plus Grade Pay equivalent to or higher than

the minimum of such scale or pay band plus Grade Pay payable to a

Joint Secretary to the Government of lndia.

6. Appointment, whether salaried or not, of Chairman, and other Members

of the Board of Management (including the Managing Director and the

Financial Adviser, if the Financial Adviser is a member of the Board of

Management) of any Schedule 'A' or Schedule 'B' State owned public

corporation. Public Sector Banks Public Sector Insurance Companies

and Financial Institutions, company or enterprise, except where such

appointment is made ex-officio by the Government.

179

No 28036/8/87-ESTT. (D)

GOVERNMENT OF INDIA

MINISTRY OF PERSONAL , PUBLIC GREIVANCES

AND PENSION

DEPARTMENT OF PERSONNEL & TRAINING

…….

New Delhi, the 30th March 1988.

OFFICE MOMRANDUM

Sub: Ad- hoc appointment – Revision of instruction on.

The undersigned is directed to say that instruction have been issued from time to time by the

Department of Personal & Training requesting all Ministry/ Department to fill all posts only in accordance

with the prescribed procedure and recruitment rules on a regular basis. Consequently. Ministries/

Departments are required to ensure that all appointment made on an ad –hoc basic are limited to

posted which cannot be kept vacant until regular candidates become available. However, it has been

noted that appointment continue to be made on an ad-hoc basic and proposals are being received in

this Department for regularization of these appointment on the grounds that the persons concerned

have been working against these posted for a long time. This has led to instances where courts and

tribunals have directed the government to fix seniority Com-fitness even though the Recruitment

Rules for the post may have prescribed promotion by selection.

2. In view of the position explained above, it has been decided that the Ministries/Departments

may not make any appointment an adhoc basis including appointments by direct recruitment,

promotion, transfer on deputation etc. The procedure to be followed in circumstances when adhoc

appointments are presently frequently being resorted to, is explained below:-

(i) ABSENCE OF RECRUITMENT RULES:

Adhoc appointments are frequently resorted to on the grounds that recruitment Rules f o r

the post are in the process of being framed. In this Department’s O.M No.39021/5/83- Estt. (B)

dated 9th July, 1985, all Ministries/Departments have been advised that if there overriding

compulsions for filling any Group A or Group B Post in the absence of Recruitment Rules, then

they may make a reference to the Union Public Service Commission (UPSC) for deciding the

mode of recruitment to that post. Further action to fill the post may be taken according to the

advice tendered by the UPSC. All such appointments will be treated as regular appointments. In

the case of Group C and D posts which outside the purview of UPSC, powers to frame

Recruitment Rules without consulting the department or personnel and Training have already

been delegated to the administrative Ministries vide this Department’s O.M. No.CD-14017/1/

Estt. (RR) dated 21st March 1985 therefore no appointment may be made to any post on an

adhoc basis on the ground that no Recruitment Rules exist for the same.

180

(ii) REVISION OF RECRUITMENT RULES:

Adhoc appointments are also frequently resorted to on the ground that proposals are under

consideration to amend the existing Recruitment Rules. The legal position in this regard is

that posts are to be filled as per eligibility condition prescribed in the rules in force at the time of

occurrence of the vacancies unless the amended Recruitment Rules are brought into force

with retrospective effect in fact the practice has been to give effect to amendments in the

Recruitment Rules only prospectively, except in rare cases. Hence regular appointment/

promotion may be made in all such cases in accordance with the Recruitment Rules in force at

the time when the vacancy arises. No adhocappointments/promotions may be made on the

grounds that the Recruitment Rules are being revise or amended.

(iii) REVISION OF SENIORITY LIST:

Another for making adhoc arrangement and delaying regular promotions is that the seniority

position of the officer holding the post in the feeder grade is disputed in all such cases regular

DPCs may be held based on the existing senority list. In case such disputes are pending before

a Court/Tribunal, unless there is an injunction/stay order against making regular promotions,

the appointing authority may convince the DPC and make promotions on the basis of the

existing seniority list. However, while issuing the orders in such case it should be stipulated that

these promotions are provisional and subject to the final decision of the Court/Tribunal.

Subsequently, when the directions of the Court/Tribunal become available a review DPC may

be held and the necessary adjustments made in the promotions of officers based upon the

revised seniority list. In case any of the officers provisionally promoted do not figure in the list

approved by the Review DPC they may be reverted to the posts held by them earlier.

(iv) SHORTAGE IN DIRECT RECRUITMENT QUOTA:

Adhoc appointments are also made on the considerations that adequate number of qualified

candidates are not available for filling the vacancies through the direct recruitment quota

prescribed in the Recruitment Rules. In some cases even though, the required number of

candidate are recruitments by the Union Public Service Commission/ Staff selection

Commission, some of them do not join or they join or to resign thereafter.

According to the instructions contained in this Department’s O.M No. 24012/34/80-Estt. (B)

dated 20th February 1981 while notifying vacancies to recruiting agencies, especially the SSC, the

appointing authority is expected to compute.

181

Government of India

Ministry of Roads Transport & Highways


‘B’ Wing, 4th floor, Sena Bhawan,

New Delhi, the 1st April, 2011

OFFICE MEMORANDUM

Subject: Writ Petition No. 6804/2010 filed by Dr. VK Yadav, Vs UoI and Others before Hon‘ble

Delhi High Court

The undersigned is directed to invite attention to the reply to additional affidavit filed by Colonel

Devendra Singh, MS (Legal) MS Br., Integrated HQrs, Ministry of Defence on behalf of Responder No.

1 to 6 in the subject case and this Secretariat OM of even number dated 9th Mar, 2011 and reminder

dated 25th Mar, 2011 and to say that requisite information has not been received so far. Further, the

reply to additional affidavit filed by MS (Legal) Branch has been further examined and following infirmities

have been found:-

(i) As per the reply to additional affidavit, BRDB is not a Department of the Central

Government. But as per the Government orders of 1960 regarding constitution of Border

Roads Development Board (BRDB), it has the finanical and other powers of a Department of

Government.

(ii) As per the reply to additional affidavit, the ACC approval is not required for promotion

and posting of DGBR. But as per Department of Personnel & Training OM No. 27/12/97-EO

(ACC) dated) 15th October, 1997 (copy enclosed), the power of appointment by promotion/

transfer on deputation/direct recruitment for posts wherein the salary (excluding allowances)

or the maximum of the scale (grade) is Rs.6700/- (pre-revised) per month or more, would

continue to require the approval of the ACC. Further, the power to approve inter cadre-deputation/

transfer of an officer of any AIl India service would also require the approval of the ACC

2 It is requested to examine the above infirmities and take further necessary action.

3. This issues with the approval of Secretary BRDB

xxxsdxxx

(Rampal Singh)

Under Secretary to the Govt. of India

Military Secretary’s Branch.

(M.S Legal)

IHQ of MoD (Army) New Delhi

182

Annaxure: VIII-A-8

REVISED RULES OF BUSINESS OF THE BORDER ROADS DEVELOPMENT BOARD

The following rules have been made by the chairman for transaction of the business of theBorder Roads Development Board.

2. The matters specified below shall be put up to the board for decision:-

(i) The budget and connected estimates. Pending the formulation of detailed Budget, andsubject to availability of funds, the Board may sanction individual Projects or group ofProjects.

(ii) Determination of priorities in regard to projects to be taken up.

(iii) (a) Individual projects (other than Developmental) projects of the Board and residential quarters, including land for BRO presently costing more than Rs.200 Lakhs.

(b) Developmental Projects of the Board and residential quarters, includingland, for Rs.100 Lakhs.

(iv) Proposals for procurement of plant and machinery, vehicles, stores etc, involvingexpenditure exceeding Rs. 200 Lakhs

(v) Creation of temporary posts in Class I service or equivalent on a pay of Rs.2, 250/- permonth or above and appointment thereto.

(vi) Reports regarding the progress of works

(vii) Any major relaxation in the works or accounting procedure.

3. Decisions in respect of the following matters may be taken by the Chairman or, under hissupervision by such member as he may nominate, in concurrence with the Financial Adviser.

(a) Approval of individual projects posting upto Rs 200 Lakhs.

(b) Estimates for works in respect of projects included in the Board Programme.

(c) Proposals for procurement of plants, machinery vehicles, stores and other equipmentat a cost not exceeding Rs.200/- Lakhs.

(d) Creation of temporary appointment in Class II service or equivalent on a pay less thatRs.2, 250/- per month.

(e) Minor changes or relaxation in the detailed works procedure including delegation ofincreased powers

4. The Secretary of the Board will exercise the administrative powers of a Joint Secretary to theGovt.of India in all matters including those affecting the staff of the Board, e.g. creation of posts inClass II and below for his office and the office of Director General (Border Roads), claims relating topay and allowances, contingencies etc.

5. The Secretary of the Board shall issue formal sanctions on behalf of the Ministry of Shippingand Transport (Border Roads Development Board) in respect of decision taken in the above manner.Such sanctions will wherever necessary, be endorsed to the audit and accounts authorities in theusual manner by the financial adviser concerned.

6. The Director General, Border Roads, shall have the same administrative, financial, and technicalpowers in relation to the sanctioned protect as are exercised by the Engineer-in-Chief, Army HeadQuarters under the Military Engineering Services and connected regulations.

7. The financial Adviser (Defence) will be the Financial Adviser to the Board. The internal financialadvice system shall not apply.

183

Posting/Transfer in BRO : Army Officers

Post of Lt GeneraI

DGBR is not a Principal Staff Officer of COAS. How come MS Branch post officer to BRO

without consultation of Cadre Controlling Authority?

Selection criteria - Head of the Arms of Corps of Engineers is E-in-C. He plays no role in

selection of Lt General Appointment.

MS Branch and Army Commanders’ view is taken how Lt General promoted from Major General

will be placed and where.

Post of Major General

There are 24 posts of Major Generals in Corps of Engineers and 14 posts of Chief Engineers in

the pay scale of Rs. 37400-67000 + Grade Pay Rs. 10,000/- of BRO is not included in this list of 24

Major Generals. This is the requirement of MS Branch that which Major General posts will be filled up

by whom. It is not controlled by E-in-C.

E-in-C can only make vague recommendations.

Border Roads Organisation’s Chief Engineer Appointments is to be approved by ACC. Our

requirement should be met with quality people and selection of quality officers meeting the requirement

of Major General and ACC.

It is Ministry of Defence to decide how many posts of Major Generals will be in Corps of Engineers.

Why should we accept a Brigadier on loan if Corps of Engineers can provide 14 Major Generals

out of 24 Major Generals held and balance 10 posts of Major Generals in Corps of Engineers should be

filled by senior-most 10 Brigadiers of Corps of Engineers in Army wherever required, but not in BRO.

Solution - It is Ministry’s and MS Branch’s role to increase or decrease posts of Major General

considering requirement of BRO/Other Arms/Corps of Engineers.

Post of Brigadier

There are 95 posts of Brigadiers approved in Corps of Engineers by AV Singh Committee in the

last Cadre Review of Army, which does not include 15 posts required/projected illegally by DG, Border

Roads in the pay scale of Rs. 37400-67000 + Grade Pay of Rs. 8700/-.

In Army, Brigadiers are posted as Addl Chief Engineer and not Chief Engineers. This will also be

184

designated for all Brigadiers posted in BRO. Otherwise, not a single Brigadier will fulfill the requirement

to be placed in BRO.

E-in-C will select Brigadiers to be given to Border Roads in consultation with DGBR and these

names go to MS Branch, which can change the names based upon the recommendation of Chief of

Army Staff. Nowhere consultation of ADG, Border Roads/DDG (Pers) BRO/DGBR is asked for.

Post of Colonel - Commander Task Force

No discussion takes place with DG, Border Roads. It is done by Colonel Commandant, a Lt

General of Corps of Engineers and Brigadier MS12, who reports to Dy MS.

We want the manipulation of individual officers of Army to manage his postings in BRO through

MS Branch needs to be scrutinized and it is a major source of corruption.

Recommendations

Administrative Ministry of BRO should issue notification how many number of officers of various

ranks/posts of Army are vacant in BRO and needs to be filled up.

Based upon this notification should send list of suitable Army officers to the Administrative

Ministry of BRO through their channel.

Ministry will scrutinize their technical qualification and suitability to avoid corruption.

185

F.No.PC-1/BRDB/06/178/2012/GE-1

Government of India

Minilltry of Road Transport & Highways


B’ Wing. 4th Floor, Sena Bhawan

New Delhi, 9th May, 2012

MEETING NOTICE

Subject :Posting/Transfer in Border Road Organisation

The undersigned is directed to inform that a meeting to discuss the issue as to which authority

is competent for transfer of officers of the level of Superintendent Engineer/Colonel/Director and above

in Border Roads Orgunization will be held under the Chairmanship of Shri Anuj Kumar Bishnoi Additional

Secretary (B), Ministry of Defence in his chamber No.199-A, South Block, New Delhi on 10th May, 2012

at 12.00 Noon.

2. All officers are requested to make it convenient to attend the meeting.

xxxsdxxx(Manmohan Pipil)

Under secretary to the Govt. of India

To.

(i) Lt. Gen S Ravi Shankar, DGBR

(ii) Dr. V.K Yadav Addl DGBR .

(iii) Shri Sameer Kumar Khare, Joint Secretary (Estt). Min or Defence

(iv) Shri Subhash Chandra, Joint Secrelary (G/Air). Min or Defence

Copy to :-

(v) SO to Shri Anuj Kumar Bishnoi, Additional Secretary (B), Ministry of Defence

(vi) PS to Secretary BRDB

(vii) DS (Admn), BRDB Secretariat

186

Headquarters


Seema Sadak Bhawan


New Delhi-110 010

71011/DGBR/ADG Sectt 22 May 2012

General Bikram Singh, PVSM, UYSM, AVSM, SM, VSM

Chief of Army Staff (Designate)

Eastern Command

Fort William

Kolkata

UNILATERAL POSTING OF DG, BORDER ROADS BY HQ OF MOD (MS BR)

WITHOUT CONSULTING CADRE CONTROLLING AUTHORITY OF BRO

Dear General,

1. It is submitted that Border Roads Organisation (BRO) is a civilian organization under Border

Roads Development Board (BRDB) of Ministry of Road Transport and Highways and it has two posts

in HAG Pay Scale of Rs 67000-79000; one Director General Border Roads (DGBR) and one Addl

Director General Border Roads (Addl DGBR), both are Border Roads Engineering Services Group ‘A’

posts on the strength of Ministry of Road Transport and Highways. In spite of that, Corps of Engineers

is usurping this post through MS Branch of IHQ of MOD, without following proper recruitment rules and

approval of Appointments Committee of Cabinet (ACC). Please direct MS Branch not to post Lt General

in Civilian Organisation on adhoc basis without specific approval by DoPT and UPSC.

List of Seniority of Addl DGBR & Lt General of Corps of Engineers

SINo Rank & Name Deptt/Apptt Date TOS Date Retirement

i) Dr VK Yadav, VSM,Addl DG BRO(GREF) Nov 2009 Aug 2013

ii) Lt Gen SS Sengupta, VSM Comdt CME, Jul 2010 Jul 2012

Pune

iii) Lt Gen S. Ravishankar, DGBR Nov 2010 Nov 2012

PVSM,VSM

iv) Lt Gen Vijai Sharma E-in-C Jan 2012 Aug 2013

v) Lt Gen J. Sikand Comdt OTA Jan 2012 Sep 2015

Gaya

vi) Lt Gen AT Parnaik DG (FP) Mar 2012 Jul 2015

vii) Maj Gen RK Mattu DG (Works) Oct 2012 Jun 2016

(Would be It Gen DGBR) (Likely)

187

2. It can be seen from the above that Addl DGBR is senior to all other officers and it is gross

injustice and against natural justice that a senior officer being a civilian Addl DG is denied the post of

DG, Border Roads since Nov 2010 and made to serve under a junior officer Lt Gen S Ravishankar as

DG, Border Roads.

3. Since there is no Govt. letter which shows that the post of DGBR will always be manned by an

Army Officer, no proposal is made by Head of the Army i.e. E-in-C for placing Lt General as DGBR.

Then, how come MS Branch on its own is issuing posting order of Major General on promotion to Lt

General as DGBR. DGBR is not even a Principal Staff Officer of Chief of Army Staff and this post is not

in the ambit of Army. DGBR’s selection is not even approved by Appointments Committee of Cabinet

(ACC). How come MS Branch picked up a Major General and sends him as DGBR based on

recommendation of Army HQ to head the civilian organization of BRO under Border Roads Development,

Ministry of Road Transport and Highways?

This irregularity of imposing DGBR from Corps of Engineers by MS Branch needs to be corrected.

Addl DGBR and all the Chief Engineers of Border Roads Organisation are appointed only after the

approval of the Appointments Committee of Cabinet based upon DOPT and UPSC concurrence. Then,

why not for selection of DG, Border Roads?

4. I am enclosing the Annexure-I to the First Schedule to the “Transaction of Business Rules,

1961” specifying the appointments requiring the approval of the ACC under Ministry of Defence for

Army from Sr. No. 13 to 15 wherein DGBR post is not mentioned:- .

“13. Chief of the Army Staff.

14. Vice-Chief of the Army Staff/General Officers Commanding in Chief, Central Command,

Southern Command, Eastern Command, Western Command, Northern Command,

South Western Command and Army Training Command.

15. Principal Staff Officers at Army Headquarters, namely Deputy Chief of the Army Staff,

Adjutant General, Quarter Master General, Master General of the Ordnance, Military

Secretary, Engineer-in-Chief and Director General of Military Operations (DGMO)”

5. GREF is civilian force like MES. In MES the vacancies for Army Officers and civilian MES

officers are earmarked as per Rules of Recruitment. E-in-C will always be Army Officer. In BRO, MS

Branch is usurping civilian post of DGBR and officers are being appointed without even one day

experience in Border Roads environment.

6. Therefore, please see that unilateral selection for the post of DGBR and issue of posting order

by Army HQ/MS Branch is stopped forthwith and Rules of Recruitment and transparency is followed in

selection for the post of DGBR considering suitability of Addl DGBR.

xxxsdxx(Dr VK Yadav)

End : sheets) Addl DGBRTransparency Officer

188

Copy to:-

Shri Ajit Kumar Seth - DGBR Post is a civilian appointment of Border Roads

Cabinet Secretary Engineering Service Group ‘A’ since 1977 and presently

Govt. of India being filled up without Rule of Recruitment and without

New Delhi ACC approval by Army HQ/MS Branch by unilateral selection.

Please take necessary action to ensure Rule of Recruitment

and transparency is followed in filling up the post of DGBR.

Shri Shashi Kant Sharma - For information and necessary action please.

Defence Secretary

Govt. of India

101, South Block

New Delhi

Shri Subhash Sharma - -do-

Secretary BRDB


Sena Bhawan

New DelhillO 011

Lt Gen Vijai Sharma - -do-

E-in-C

Kashmir House

DHQ PO New Delhi-lID 011

Lt Gen S Ravishankar, PVSM, VSM - -do-

DGBR

189

ANNEXURE I TO THE FIRST SCHEDULE

APPOINTMENTS REQUIRING THE APPROVAL OF THE


Departments Appointments

A. All Ministries 1. Secretariat appointments of and above the rank of Joint Secretary in

Departments the Central Government.

2. All other appointments of civilian officers in the Government of India

carrying a salary or salary scale or pay band plus Grade Pay equivalent

to or higher than the minimum of such scale or pay band plus Grade

Pay payable to a Joint Secretary to the Government or India except.

(i) appointment of Indian Police Service officers of Inspector General

and Additional Director General levels in the Central Police

Organisations under the Ministry of Home Affairs.

(ii) appointment of officers of the Defence Forces of the rank of Major

General or equivalent in the Central Police Organisations under the

Ministry of Home Affairs and

(iii) appointment of organised Group ‘A’ Central Services officers to the

posts in the cadre other than the posts which carry the pay scale

equivalent to the Secretary to the Government of India.

3. Appointment of officers abroad (other than officers belonging to the

Ministry of External Affairs), to the posts of the rank of Third Secretaries

or equivalent and above in Indian Missions or outside such Missions.

4. Appointment of Private Secretaries and Officers on Special Duty in the

office of the members of the Union Council of Ministers

5. Appointment in autonomous institution and statutory bodies, under the

Central Government to the posts of the Chief Executive in the salary or

salary scale or pay band plus Grade Pay equivalent to or higher than

the minimum of such scale or pay band plus Grade Pay payable to a

Joint Secretary to the Government of lndia.

6. Appointment, whether salaried or not, of Chairman, and other Members

of the Board of Management (including the Managing Director and the

Financial Adviser, if the Financial Adviser is a member of the Board of

Management) of any Schedule 'A' or Schedule 'B' State owned public

corporation. Public Sector Banks Public Sector Insurance Companies

and Financial Institutions, company or enterprise, except where such

appointment is made ex-officio by the Government.

190

7. Appointment to the posts of Directors on the Boards ofManagement of any State-owned public corporation, companyor enterprise.

8. Appointment of Chief Vigilance Officer (CVOs) in PublicSector Undertaking, Autonomous organizations and statutorybodies, under the Central Government in the salary or salary scaleor pay band plus Grade pay equivalent to or higher than theminimum of such scale or pay band plus Grade Pay payable to aJoint Secretary to the Government of India.

1. Scientific Adviser to the Defence Minister.

2. Director General, Armed Forces Medical Services.

3. Director General, Ordinance Factories .

4. Additional Director General, Ordnance Factories.

5. Director General, Defence Estates.

6. Director General, Quality Assurance.

7. Additional Director General, Quality Assurance.

8. Director Grade I in Director General QualityAssurance Organisation.

9. Controller General of Defence Accounts

10. Additional Controller General of Defence Accounts

11. Principal Controllers of Defence Accounts andequivalent posts in Indian Defence AccountsService.

12. Director, institute for Defence Studies andAnalyses (IDSA).

ARMY

13. Chief of the Army Staff.

14. Vice-Chief of the Army Staff/General OfficersCommanding-in-Chief, Central Command,Southern Command, Eastern Command,Western Command, Northern Command, SouthWestern Command and Army TrainingCommand.

B. Appointmentsspecific to someMinistries in addition tothose specified under “A”above-

Ministry of Defence

191

15. Principal Staff Officers at Army Headquarters, namely, Deputy Chief ofthe Army Staff, Adjutant General, Quarter Master General, Master Generalof the Ordnance Military Secretary, Engineer-in-Chief and DirectorGeneral of Military Operations (DGMO).

NAVY

16. Chief of the Naval Staff.

17. Flag Officers Commanding-in-Chief, Western, Eastern and SouthernNaval Commands, Vice-Chief of the Naval Staff and Principal Staff Officersat Naval Headquarters in the rank of Vice-Admiral, that is Chief ofPersonnel, Chief of Material, and Deputy Chief of the Naval Staff.

AIR FORCE

18. Chief of the Air Staff

19. Vice Chief of the Air Staff, Air Officers Commanding-in-Chief of theWestern, Central Eastern, Maintenance, Training, Southern andSouthWesten Air Commands.

20. Principal Staff Officers at Air Headquarters, that is Deputy Chief of the AirStaff, Air Officer-in-Charge, Maintenance; Air Officer-in-Charge,Administration, Air Officer-in-Charge, Personnel, and Inspector General.

HEADQUARTER INTEGRATED DEFENCE STAFF ANDINTER-SERVICE COMMANDS

21. Chief of Integrated Defence Staff to the Chairman; Chiefs of StaffCommittee; Commander-in-Chief, Andaman and Nicobar Commnd; andCommander -in- Chief, Strategic Force Command.

22. Deputy Chief of Integrated Defence Staff (Doctrine, Organisation andTraining); Deputy Chief of lntegrated Defence Staff (Policy, Planning andForce-Development); Deputy Chief of Integrated Defence Staff(Operations) and Director General Defence Intelligence Agency andDeputy Chief of Integrated Defence Staff (Intelligence).

Note :- No reference to the Appointment Committee of the Cabinet isrequired for transfer of an officer approved for an appointment to anypost included in entries 14, 15, 17, 19, 20 and 22 to another post includedin the same entry.

Ministry of Finance Governor and Deputy Govrnors of the Reserve Bank of lndia.

Ministry of Law Solicitor General and Additional Solicitor General and Justice

Ministry of railways 1. Chairman, Railway Board

2. Members and Additional Members of the Railway Board.

3. Financial Commissioner for Railways.

4. General Managers of Railwavs and equivalent appointments.

192

No 28036/8/87-ESTT. (D)

GOVERNMENT OF INDIA

MINISTRY OF PERSONAL, PUBLIC GRIVANCES

AND PENSION


New Delhi, the 30th March 1988.

OFFICE MOMRANDUM


The undersigned is directed to say that instruction have been issued from time to time by the

Department of Personal & Training requesting all Ministry/ Department to fill all posted only in accordance

with the prescribed procedure and recruitment rules on a regular basis. Consequently. Ministries/

Departments are required to ensure that all appointment made on an adhoc basic are limited to posts

which cannot be kept vacant until regular candidates become available. However, it is has been noted

that appointment continue to be made on an adhoc basic and proposals are being received in this

Department for regularization of these appointment on the grounds that the persons concerned have

been working against these posted for a long time. This has led to instances where courts and tribunals

have directed the government to fix seniority com fitness , even though the Recruitment Rules for the

post may have prescribed promotion by selection.

2. In view of the position explained above, it has been decided that the Ministries/Departments

may not make any appointment on an adhoc basis including appointments by direct recruitment,

promotion, transfer on deputation etc. The procedure to be followed in circumstances when adhoc

appointments are presently frequently being resorted to, is explained below:-


Adhoc appointments are frequently resortes to on the grounds that Recruitment Rules for the

post are in the process of being framed. In this Department’s O.M No.39021/5/83- Estt. (B) dated 9th

July, 1985, all Ministries/Departments have been advised that if there overriding compulsions for filling

any Group A or Group B Post in the absence of Recruitment Rules, then they may make a reference to

the Union Public Service Commission (UPSC) for deciding the mode of recruitment to that post. Further

action to fill the post may be taken according to the advice tendered by the UPSC. All such appointments

will be treated as regular appointments. In the case of Group C and D posts which outside the purview

of UPSC, powers to frame Recruitment Rules without consulting the department of personnel and

Training have already been delegated to the administrative Ministries vide this Department’s O.M.

No.CD-14017/1/Estt. (RR) dated 21st March 1985 therefore no appointment may be made to any post

on an adhoc basis on the ground that no Recruitment Rules exists for the same.

193


Adhoc appointments are also frequently resorted to on the ground that proposals are under

consideration to amend the existing Recruitment Rules. The legal position in this regard is that posts

are to be filled as per eligibility condition prescribed in the rules in force at the time of occurrence of the

vacancies unless the amended Recruitment Rules are brought into force with retrospective effect in

fact the practice has been to give effect to amendments in the recruitment Rules only prospectively

except in rare cases. Hence regular appointment/promotion may be made in all such cases in

accordance with the Recruitment Rules in force at the time when the vacancy arises. No adhoc

appointments/promotions may be made on the grounds that the recruitment Rules are being revised

or amended.


Another for making adhoc arrangement and delaying regular promotions is that the seniority

position of the officer holding the post in the feeder grade is disputed in all such cases regular DPCs

may be held based on the existing senority list. In case such disputes are pending before a Court/

Tribunal, unless there is an injunction/stay order against making regular promotions, the appointing

authority may convince the DPC and make promotions on the basis of the existing seniority list.

However, while issuing the orders in such case it should be stipulated that these promotions are

provisional and subject to the final decision of the Court/Tribunal. Subsequently, when the directions of

the Court/Tribunal become available a review DPC may be held and the necessary adjustments made

in the promotions of officers based upon the revised seniority list. In case any of the officers provisionally

promoted do not figure in the list approved by the Review DPC they may be reverted to the posts held

by them earlier.


Adhoc appointments are also made on the considerations that adequate number of qualified

candidates are not available for filling the vacancies through the direct recruitment quota prescribed in

the Recruitment Rules. In some cases even though, the required number of candidate are recruited by

the Union Public Service Commission/ Staff Selection Commission, some of them do not join or they

join and resign thereafter.

According to the instructions contained in this Department’s O.M No. 24012/34/80-Estt. (B)

dated 20th February 1981 while notifying vacancies to recruiting agencies, especially the SSC, the

appointing authority is expected to compute.

194

Headquarters


Seema Sadak Bhawan


New Delhi-110 010

71011/DGBR/ /172/ADG Sectt 06 Jun 2012

Secretary BRDB

4th Floor,

Border Road Wing of MoRT&H

Sena Bhawan, New Delhi

MANNING POLICY IN BRO

1. Refer my office Note 71 005/DGBR/ADG Sectt/39 dated 11 Mar 2011 vide which I have requested

DDG (Pers) HQ DGBR to put up all case files, letters etc issued in connection to the so called manning

policy which stipulate that BRES Group ‘A’ posts in the Civil and Mechanical Engineering hierarchy of

department of BRO/GREF under Ministery of Road Transport & Highways has been allotted for the

Army officers from the Indian Army, Ministry of Defence.

2. In this connection, it is brought to your notice that any public policy made in the public interest

cannot be said to be so unless it is made in accordance to the constitutional provisions in consonance

with well established legislation. Therefore, any personnel policy regarding recruitment, promotion,

appointment, eligibility criteria for the Group ‘A’ posts of BRES cadre issued under the authority of

BRDB and its Secretariat without consultation of DoPT, UPSC and vetting of Ministry of Law is null and

void. As neither the Hon’ble Prime Minister, Chairman BRDB, Hon’ble Raksha Mantri as Deputy Chairman

or Secretariat BRDB have been given any mandate under the Govt. of India (Transaction of Business)

Rules 1961 or the BRDB Rules of Business to issue any personnel policy in connection with recruitment,

appointment and eligibility criteria for appointment in BRES Group ‘A’ posts under the Administrative

control of Border Roads Wing of MORT&H, Border Roads Development Board.

3. I have not seen any personnel policy in public domain made under the provison of article 309 of

constitution, which stipulates that BRES Group ‘A’ posts have been allotted to the MS Branch of IHQ of

MoD (Army) for posting military officers against these posts without the consultation of Administrative

Ministry of these posts. It is believed that administrative Ministry, Secretariat BRDB, Border Roads

Wing of Ministry of Road Transport & Highways, must be having statutory order which stipulates that

Army officers in various ranks can be appointed against the BRES Group ‘A’ posts in the Border Roads

Wing of Ministry of Road Transport and Highways. Therefore Secretariat BRDB is requested to provide

a copy of this order so that the same can be placed in the public domain to bring transparency in the

personnel policy prevailing in the Organisation.

195

4. In case Secretariat BRDB fails to provide any such information within a period of two weeks

time from the date of issue of this letter, it will be assumed that Secretariat BRDB do not have any

record on the personnel policy and the personnel policy prevailing in the department for occupation of

Group ‘A’ posts by Army officers is nothing but an adhoc arrangement, which is continuing in this

department as a matter of practice without any rules and regulations and environment will be informed

accordingly.

xxxsdxxx

(Dr VK Yadav)

Addl Director General

Border Roads


Copy to:-

DDG (Pers) - For information with respect to note dated 11 Mar 2011. Silence on the issue

HQ DGBR manifest that there is no policy ever made under the provison of Article 309 for

allocating BRES Group ‘A’ post in the department of Border Roads Wing of

Ministry of Road Transport & Highways (BRDB). Please do not place demand of

Army officers to any post to MS Branch of IHQ (Army) till the time such policy is

placed in the public domain.

196

HeadquartersDte Gen Border RoadsSeema Sadak BhawanRing Road, Delhi GanttNew Delhi-11 0 010

71011/DGBR/ 173/ADG Sectt 06 Jun 2012

Secretariat BRDBBorder Roads Wing of MoRT&H4th Floor, Sena BhawanNew Delhi-11 0 011

JURISDICTION OF CENTRAL ADMINISTRATIVE TRIBUNAL (CAT) PERTAINING TOSERVICE MATTERS OF GREF EMPLOYEES INCLUDING BRES GROUP ‘A’ CENTRALCIVIL SERVICES CLARIFICATION THEREOF

1. Further to our letter No 71011 /DGBR/164/ADG Sectt dated 09 May 2012.

2. No clarification/reply on the above matter received so far from the Sectt BRDB. The jurisdictionof Central Administrative Tribunal (CAT) on the employees of GREF has been abundantly clarified inthe matter of Ram Kali Mishra and Ors Vs UOI and other order dated 21 Feb 2011 (copy judgementenclosed). Further, GREF employees do not fall in the definition of members of the Armed Forces ofthe Union as stipulated in the Administrative Tribunal Act 1985 Chapter I Rule 2 (a) because they arecivilian Central Govt. employees and have been declared members of the Armed Forces for the limitedpurpose of Article 33 to restrict their right to form association and strike and not to restrict their legalrights to address their grievances in the CAT.

3. In view of above, it is clarified that CAT has jurisdiction over the service matters covered underCCS (CCA) Rules 1965 in respect of GREF employees as applicable to other civilian Central Govt.employees, provided under the Administrative Tribunal Act 1985.

xxxsdxxx(Dr VK Yadav)Addl Director General Border RoadsTransparency Officer

Copy to:-

Hon’ble Raksha Mantri - Armed Forces Tribunal has no jurisdiction in the serviceChairman BRDS matters pertaining to GREF employees. Hence to bringSouth Block, New Delhi transparency in the organisation and to provide legal rights to

the GREF employees the clarification has been issued please.

Hon’ble Raksha Rajya Mantri - -do-Dy Chairman BRDSSouth Block, New Delhi

DDG (Pers) - Please bring this to the notice of all concerned GREFpersonnel for clarity and transparency in the personnel policyin the Department.

All CEs (P) - For information along with copy of letter dated 71011/DGBR/164/ADG Sectt dated 09 May 2012 for dissemination to allemployees of GREF.

197

Ram Kali Mishra And Ors. vs Union Of India (Uoi) And Ors. on 21 February, 2001

Bench: D Verma, M A A.K.

Ram Kali Mishra And Ors. vs Union Of India C (Uoi) And Ors. on 21/2/2001

ORDER

D.C. Verma, Member (J)

1. By this O.A. the applicant has challenged the order of removal dated 23rd August, 1990(A nnexure- to the O.A).

2. A preliminary objection raised on behalf of the respondents is that the O.A is not maintainablebefore this Tribunal, the applicant being a member of General Reserve Engineering Force (in shortG.R.E.F.), is a Member of Armed Forces of India. Reliance has been placed on the decision of the apexCourt in the case of R. Viswan v. Union of lndia and Ors. ATR 1983 SC 658.

3. During the pendency of the O.A. the applicant R.K. Mishra expired, hence his legalrepresentatives have been impleaded. The legal representatives would be entitled to certain benefits incase the order of removal is quashed by this Tribunal. The word applicant hereinafter refers to thedeceased employee.

4. The submission of the learned Counsel for the applicant is that the applicant was not a memberof Armed Forces. The submission is that the applicant was only a civilian employee and was governedby Central Civil Services (Classification, Control and Appeal) Rules, 1965 (in short Rules of 1965).Further submission is that as the removal order was passed by the respondents under Rules gf 1965,the applicant was a civiIian employee of the G.R.E.F. Hence the present O.A. against the order ofremoval is maintainable before this Tribunal. In support of his contention the learned Counsel for theapplicant has placed reliance on the following decisions:

1. Satish Chandra Omar v. Garison Engineer and Anr., ( 1995) 30 A.T.C. 763= 1995(1) SLJ (CAT) 74.

2. Union of lndia v. S.B. Mishra. AIR 1986 SC 163=1996(1) SLJ 94 (SC).

3. Rahmatullah Khan v. Union of India and Ors .. (1989) 10 A.T.C. 656 (Full Bench C.A.T.)=J 989(2) SLJ 293 (PB-ND) (CAT).

4. Kartar Singh v. Union of India, 1996(32) A.T.C.323 (C.A.T.—Ahmedabad).

5. The learned Counsel for the parties have been heard at length on the question of maintainability.

6. The question whether members of G.R.E.F. are members of Armed forces was considered bythe apex Court in the case of R Viswan (supra). The Hon’ble apex Court examined the history of theG.R.E.F. and various provisoins of Army Act, 1950 and thereafter held that the members of the G.R.E.F.are members of the Armed forces within Article 33 of the Constituten of India. With regard to thequestion of the persons recruited to G.R.E.F. through Union Public Service Commission, and coveredby Rules of 1965, the Hon’ble Supreme Court observed as below: - ·

So far as the personnels of G.R.E.F. are concerned, they are partly drawn from the Army andpartly from the direct recruitment. Army personnel are posted in G.R.E.F. according to a deliberate andcarefully planned manning policy evolved with a view to ensuring the special character of GREF as aforce intended to support the Army in its operational requirements ...... But quite apart from the Armypersonnel who form an important segment of GREF even the direct recruited personnel who do notcome from the Army are subjected to strict Army discipline having regard to the special character ofGREF and the highly important role it is called upon to play in support of the Army in its operationalrequirements. Since the capacity and efficiency of GREF units in the event of out break of hostilitiesdepends on their all time capacity and efficiency they are subjected to rigorous discipline even during

198

peace time, because it is elementary that they cannot be expected suddenly to rise to the occasion andprovide necessary support to the Army during military operations unless they are properly disciplinedand in fit condition at all times so as to be prepared for an eventuality.”

After further discussions, the apex-Court held that :

“The result is that directly, recruited GREF personnel are governed by the provisions of CentralCivil Service (Classification Control and Appeal) Rules,1965 as amended from time to time but forpurposes of discipline, they are subject to cetain provisions of the Army Act, 1950 and the Army Rules1954 as laid down in SROs 329 and 330 dated 23rd September, 1960". ·

While considering whether the members of the GREF are members of the Armed Forces, theapex Court held as below:

“It is undoubtedly true that as stated by the Minister of Defence, GREF is a civilian constructionForce and the members of the GREF are civilian employees under the administrative control of theBorder Roads Development Board and that the Engineering officers amongst them constitute whatmay be designed as “Central Civil Service” within GREF but that does not mean that they cannot at thesometime form an integiral part of the Armed Forces. That fact that they are described as civilianemployees and they have their over rules of recruitment and are governed by the Central Civil Services(Classification Control and Appeal) Rules, 1965 is not determinative to the question whether they aremembers of the Armed Forces”.

“The question whether the members of GREF can be said to be members of Armed Forces forpurposes or attracting the applicability of Article 331 must depend essentially on the character of GREF,its organisational set up, its functioning, the role it is called upon to play in relation to Armed Forces andthe depth and intimacy of its connection and the extent of its integration with the Armed Forces and ifjudged by this criterion, they are found to be members of the Armed Forces, mere fact that they are noncombatant civilian employees of the Central Civil Service (Classification Control and Appeal) Rules,1965 cannot make any difference”.

Finally the apex Court held :

“It is abandantly clear from these facts and circumstances that GREF is an integral part ofArmed Forces and the members of the GREF can legitimately be said to be members of the ArmedForces within the meaning of Article 33",

7. From what has been extracted above from the decision of the Apex Court in the case of R.Viswan (supra) the applicant being a member of GREF is for purposes of discipline subjected toprovisions of Army Act, 1950 and the Army Rules, 1954 as in SRO 329 and SRO 330 dated 23rdSeptember, 1960. The validity of SRO 329 and 330 dated 23rd September, 1960 was challengedbefore the Apex Court in the case of R. Viswan but has not been condemned as invalid, On judging theapplicant’s case in the light of the decision of the Apex Court, the applicant is a member of ArmedForces within the meaning of Article 33.

8. After the decision of the Apex Court in the case of R. Viswan (supra) the President of Indiaissued orders Annexure S.R.-1 dated 14.8.85 that G.R.E.F. is an integral part of Armed Forces forpurposes of Article 33 of the Constitution of India. Section 4 of the Army Act, 1950 (in short Act of 1950)provides that the Central Government may. by notification apply, with or without modification all or anyof the provisions of the Act of 1950 to any force raised and maintained in India under the authority of theCentral Government and suspend the operation of any other enactment for the time being applicable tothe said force. It was under this Section that 329 as amended by SRO 364 and 330 (Annexure S.R.-2)was issued. The S.R.O. says that it “applies to the G.R.E.F being a force raised and maintained in Indiaunder the authority of the Central Government, all the provisions of the said Act with the exception ofthose shown in Schedule A subject to the modifications set forth in Schedule B.” (Emphasis laid).

199

Schedule A provides exception in respect of various sections of the Act of 1950 which includes Section71 which is for punishment awardable by Court martial which includes dismissal from service. Thus,to G.R.E.F. personnels raised under the authority of the Central Government, all the provisions of theAct of 1950 are not applicable. Exceptions are provided under S.R.O. The applicant’s case comeswithin the exception clause, though for purpose of maintenance of discipline and to ensure properdischarge of duties, such G.R.E.F. personnels are covered under Article 33 of the Constitution of India.As has been observed by the Apex Court in para 5 of their judgment in R. Viswan (supra) quoted earlier,G.R.E.F. personnels are partly drawn from the Army and partly from direct recruitment. Apart from Armypersonnel who form an important segment of G.R.E.F. directly recruited personnels, though do notcome from the Army, are subject to strict Army discipline and for that purpose, their certain rights havebeen restricted under Article 33 of the Constitution of India by issue of SROs, otherwise the directlyrecruited G.R.E.F. personnel are governed by the Rules of 1965 as amended from time to time. Theapplicant comes within this exception. It is not the case of the respondents that the applicant wasdrawn to G.R.E.F. from the Army.

9. From what has been discussed above, the applicant, who is a directly recruited personnel ofG.R.E.F. , is governed by Rules of 1965 except for those rights which are restricled by S.R.O. 329 asamended by SRO 364 and 330 issued under Section 4 of the Act of 1950 and read with Article 33 of theConstitution of India. In view of this, this Tribunal has jurisdiction to entertain the present O.A. filedagainst the order of removal passed against the applicant under Rules of 1965.

10. The facts of the case referred to by the learned Counsel for the applicant in the case of SatishChandra Omar (supra) are different, as no notification under Sub-section 1( 4) of Section 4 of the ArmyAct, 1950 had been issued in respect of the applicant of the said case.

11. The decision of the Apex Court in the case of Union of India v. S. B. Mishra (supra) cited by thelearned Counsel for the applicant is also of no help to the applicant. In the cited case, the question wasregarding supply of copy of enquiry report as Article 3 I 0( I) expressly excluded the applicability ofprovisions of rules to the defence personnel.

12. The case of Rahmalullah Khan (supra) also differs on facts as the question involved there wasjurisdiction of the Tribunal in respect of a casual labour employee in the railway department,

13. Another preliminary objection has been taken by the respondents that the O.A is barred bylimitation in view of Section 21 of the Administrative Tribunals Act, 1985. The order of punishment waspassed in August, 1990. The same has been challenged by the applicant by filing the present O.A. inthe year 1994. Section 2 1 of the A.T. Act provides one year’s limitation. In case, however, any statutoryrepresentation is made and is not decided within six months, the period of one year limitation would getextended to six months. The present O.A. was filed in 1994 against the impugned order of August,1990. There is nothing on record to show that any appeal was preferred, hence the O. A. is clearlybarred by limitation.

14. The case of the applicant has also been examined on merit. The applicant was granted 60days’ leave w.e.f. 13.2.89 to 13.4.89. Though the applicant applied for extension of time of 30 days, butthe same was not extended by the competent authority on account of exigency of service. The applicantwas informed to resume duty on the due date vide communication dated 20th April, 1989. The applicant,however remained absent without leave. Consequently, the applicant as well as his wife Smt. Ram Kaliwere informed through telegrams requesting that the applicant be directed to report for duty. Theapplicant’s son Satish Chandra Mishra (now substituted in place of the deceased employee) was alsoinformed about the unauthorised absence of the applicant. Satish Chandra Mishra informed the unitthat the applicant would be reaching the unit upto 15.1.90. Even thereafter, the applicant failed to resumehis duty. The unit sent a registered letter again to the applicant on his registered address to report forduty within 10 clays, otherwise steps would be taken under C.C.S. (C.C.A.) Rules, 1965. The applicant

200

again failed to appear, hence notice was published in the Newspaper in circulation in the applicant’shome town/ district (copy Annexure C-7), All this shows that despite the above mentioned repeatedmessages, publication in the Newspaper, the applicant did not report for duty. Even after the applicant’sson communicated that his father would report for du ty, the deceased employee failed to report forduty. It was in these circumstances, that the charge sheet was sent to the applicant by registered postand after following due procedure, ex pane enquiry was initialed against the applicant and finally, theenquiry report alongwith show cause was sent to the applicant and thereafter the impugned order ofdismissal was passed.

15. Counsel for parties have been heard on merit. No flaw in the procedure followed by therespondents before imposing the penalty has been pointed out. The submission of the learned Counselfor the applicant is that the applicant was not informed about the departmental proceedings and thedepartmental proceedings is ex parte. Further submission is that it is only by Annexure-3 that theapplicant could know about his dismissal order.

16. We have considered the submissions made on behalf of the Counsel for the applicant and wedo not find any merit in the same. It is on record that registered notices were issued by the Unit. Theapplicant’s son was informed, who on his turn informed the unit that the applicant would report for duty.This shows that the information about the unauthorised absence of the applicant and for proceedingsagainst him had reached the applicant also i n the year 1990. Publication was made in the Newspaperalso. The process taken by the respondents to inform the applicant about his unauthorised absence ismore than sufficient. The submission that the applicant could know about his dismissal order onlythrough Annexure-3 dated 9th October, 1993 has no merit. In Annexure-3 where information was givento the applicant about the payment of dues, it was mentioned with reference to a petition sent by RamKali, the widow of the deceased employee to the Home Minister that the applicant has been alreadydismissed and the information thereof was already sent to Ram Kali earlier. Mere mention of this fact inAnnexure-3 would not give rise further cause of action to extend the period of limitation. Thus, thesubmission of the learned Counsel for the applicant has no merit. It is also relevant to mention here thatrepeated representations provide no cause of action for limitution as has been observed by the 7Judges decision of the Apex Court in the case of S.S, Rathore v. State of M.P. l 989(4) SCC 582=1990(1) SLJ 98 (SC). The relevant para 20 is quoted below :

“We are of the view that the cause of action shall be taken to arise not from the date of theoriginal adverse order but on the date when the order of the higher authority where a statutory remedyis provided entertaining the appeal or representation is made and where no such order is made, thoughthe remedy has been availed of a, six months period from the date of preferring of the appeal or makingof the representation shall be taken to be the date when cause of action shall be taken to have firstarisen. We however, make it clear that this principle may not be appl icable when the remedy availed ofhas not been provided by law. Repeated unsuccessful representations not provided by law are notgoverned by this principle.”

17. The learned Counsel for the applicant has placed reliance on the decision of Kartar Singh(supra) that removal from service due to unauthorised absence is disproportionate. The facts of thecase of Kartar Singh are different from the facts of the present case, firstly because in the case ofKartar Singh the applicant therein who was serving at Railway Staff College, was absent for 41 days on5 occasions and earlier period of absence was also taken into account, for which the applicant hadbeen sanctioned leave. In the present case, the applicant, is in the service of the G.R.E.F. which is anintegral part of the Armed Forces, for purpose of attracting the role he is called upon to play in relationto Armed Forces. The mere fact that the applicant was a non combatent civilian governed by theCentral Civil Services (C.C.A.) Rules, 1965, would not put the applicant on a different footing, as regardsthe discipline of the Army is concerned. In our view, therefore, on merit also the O.A. fails.

18. In view of the above, the O.A. is dismissed. Costs easy.

201

HeadquartersDte Gen Border RoadsSeema Sadak BhawanRing Road, Delhi GanttNew Delhi-110 010

71 011/DGBR/174/ADG Sectt 06 Jun 2012

Secretariat BRDB418, 4th FloorBorder Roads Wings of MoRT&HSena BhawanNew Delhi

FRAMING OF GREF ACT

1. Refer letter No 71001/DGBR/132/ADG’s Sectt dated 31 Jan 2011.

2. The draft GREF Act was submitted nearly one year back. However, no further progress on thematter has been noticed since then. According to your office ID No.BRDB/03/191/2007/GE-1 (PC-8)dated 15 Nov 2010 Para 2 (c), the framing of GREF Act has been initiated as same has beenrecommended by the 6th Central Pay Commission and the question of applicability of Army Act on theCivilian Central Govt. Employees of GREF was raised in the Rajya Sabha Subordinate LegislativeCommittee.

3. In view of above, you are requested to kindly extimate the present status of the GREF Act sothat the same may be informed to the environment.

xxxsdxxx(Dr VK Yadav)Addl DGBRTransparency OfficerBorder Roads Organisation

Encl : (19 pages)Copy to:-

Shri RS Rawat - For information of the Chairman along with letter under whichDeputy Director BRDB and GREF was raised for the purpose of Construction ofRajya Sabha Secretariat roads in Border Areas under the self contained authority of Govt.Parliament House/Annexe of India.New Delhi-110001

Smt Mamta Kundra - Recruitment Rules for BRES Group ‘A’ posts under MoRT&HJS (AT&A) Govt. of India (BRDB) has to be made according to the organized Group ‘A’Dept. of Personnel & Training services. Copies of Recruitment Rules of Ministry of RoadNew Delhi Transport & Highways (MoRT&H) and Military Engineering

Service (MES) are enclosed. There is no provision of placingArmy officers against civilian vacancies even though MES is underMinistry of Defence, then how Secretariat BRDB can makeprovision of recruitment of Army officers against BRES cadre.

202

No.F.4 (29)/BRDB/60

Govt of Inda


BRDB

To,


Border Roads

New Delhi

Sir,

I am directed to convey this sanction of the President to the raising and maintenance or a

General Reserve Engineer Force for the construction of Roads in the Border areas and such other

tasks, as may be entrusted to it by the Border Roads Development Board. The Force will be composing

of various units covering essential elements for the proper performance of tasks to be executed by it.

2. The members of the Forces will consist of :-

a) Personnel directly recruited there to

and (b) Personnel on deputation from Central Ministries state Gov Local Bodies and Corporations

3. The force will be under the overall command of the Director General Border Roads, under

whom will be regional Chief Engineers/Independed Deputy Chief Engineers, who will, exercise command

over the units of the Force placed under their control.

4. Govt sanction for the organization and composition of the Force, as well as the terms and

conditions of service of members thereof will be issued separately.

5. The expenditure involved will be debited to the head of account to which the consortia projects

on which the force is employed is debitable.

6. Further administrative instructions may be Issued by you.

Yours faithfully

xx sd xx

(SK Mukherjee)

Secretary

Border Roads

Development Board

203


Ministry of Finance (Defence) (10 copies) with reference to their U.O No. BRS/199/dated June,1960 for Communication to Director of Audit, Defence Services, and Controller General of DefenceAccounts and controllers of Defence Accounts concerned.

Ministry of Defence

Ministry of Transport and Communication


Copy to:-


Chief of the General Staff (SD 2)

The Adjutant General (AG Coord) (AG/Org 7/ASO)


The Master General of Ordinance (MG/C)

The Military Secretary (Ms Coord)



The Director of Medical Services (DM5-3)

The Deputy Financial Adviser (GS)

The Deputy Financial Adviser (AG)

The Deputy Financial Adviser (O)

The Deputy Financial Adviser (W)

The Deputy Financial Adviser (Q)

The Deputy Financial Adviser (B)

204

ANNEXURE P- 1Page 1 of 5

DCC No. CD-273/CO 14-3-1960

CABINET SECRETARIAT

Memorandum (As amended)

Subject:- Development of Roads in the Border Areas.

Government have been considering for some time past the steps to be taken to accelerate the

economic development of the north and North-eastern border areas of Jammu & Kashmir, Punjab,

Uttar Pradesh, Sikkim and North East Frontier. At present, this development is greatly handicapped by

meager and inadequate communication. The immediate development of these, partly by improving the

existing primitive roads and partly by new construction involves coordination of resources and effort

and the maximum utilization of existing construction agencies, including the Central and State Public

Works Department and the Engineer personnel of the Defence Services. In order to ensure coordination

and economical and expeditious execution the President has been pleased to sanction the setting up

of a ‘Border Roads Development Board’.

2. The Board shall consist of the Prime Minister as Chairman and such members as may from

time to time be nominated by the Prime Minister. The official members of the Board shall not be entitled

to any remuneration. Non-official members of the Board shall be entitled to the allowance set forth in

the Ministry of Finance (Department of Expenditure) O.M. No. F6(26)/SJV/59 dated the 5th September

, 1960 as amended from time to time.

3. The functions of the Board will be broadly as follows:-

(a) It will be responsible for laying down the policy in respect of Border communications

prescribe priorities and specifications and ensure that projects are planned and executed

expeditiously in accordance with those priorities. It may also take up developmental

roads and Civil works pertaining to Hydel Projects, Dams, Irrigation projects, Buildings

etc. in the areas of its normal operation.

(b) It will lay down the responsibility of such agencies as may be employed and ensure

implementation of projects by them, coordinates their work and requirements of men

and material and arrange for their procurement.

(c) It will examine and approve the estimate of individual projects.

(d) It will prescribe from time to time the detailed procedure to be followed for the execution

and maintenance of the works.

205

(e) It will keep watch on the progress of works and arrange for necessary assistance where


4. The Board will have the financial and other powers of a Department of Government and shall

function under the overall directions and control of the Prime Minister. All sanctions of the Board will

be promulgated by the Secretariat of the Board which will be given ex-officio Communications

(Department of Transport), to facilitate early issue of such orders on behalf of the Department of

Transport and the staff of the Secretariat of the Board will be posted proforma to the Department of

Transport. Capital Outlay on Roads, and suitable arrangements made to earmark amounts needed for

these projects and their proper expenditure and accounting. Foreign exchange requirements of these

projects will be dealt with separately. The Boards shall transact its business in accordance with

the rules to be made by the Prime Minister.

5. After administrative approval has been accorded in the above manner and necessary funds

have been allotted, the individual agencies concerned will carry out in the work within the scope of the

administrative approval in accordance with their own rules with such modifications as may be approved

from time to time. Any anticipated excess over 20% will be reported to the Board for orders. In view of

the extreme urgency of the projects, it will be necessary to relax and simplify and speed up rules and

procedures. As a first step the relaxation indicated in the annexure to this Memorandum have been

approved and may be adopted by the construction agencies. Any further simplifications if deemed

necessary can be taken up later.

6. Each construction agency will maintain the account of the projects in accordance with its own

departmental rules and procedure subject to such relaxation as may be prescribed from time to time in

consultation with the Ministry of Finance and the Comptroller and Auditor General.

7. On completion of the projects, the usual completion report should be rendered by the agency

concerned to the Board as well as the Accounts Officer, concerned.

8. After construction (or completion of the required improvement) the roads will be maintained by

the GREF or Central or State PWD concerned.

xxxsdxxx

(Vishnu Sahay)

Secretary to the Cabinet

14-3-1060

206


NO. BRDB/S/(4)/60

GOVERNMENT OF INDIA

MINISTRY OF TRANSPORT


NEW DELHI, dated the 19th August, 1960.

OFFICE MEMORANDUM

SUBJECT :- BORDER ROADS DEVELOPMENT BOARD.

1. Government have been considering for sometime past the steps to be taken to accelerate the

economic development of the North and North eastern Border Area of the Jammu & Kashmir, Uttar

Pradesh, Sikkim and North-East frontier. At present this development is greatly handicapped by meager

and inadequate communications. The immediate development of these, partly by improving the existing

primitive roads and partly by new constructions involves coordination of resources and efforts. In order

to ensure coordination and expeditious execution of the projects, Government of India have set up

Border Roads Development Board.

2. The Prime Minister is the Chairman of this Board and Shri V.K. Krishnan Menon, Minister for

Defence, the Deputy Chairman. The composition of the Board is given in enclosure I to this letter.

3. The Board is responsible for laying down the policy in respect of border communications,

prescribing priorities and specifications. It will approve the estimates of the individual projects and lay

down the responsibility of such agencies as may be employed. It will keep watch on the progress of

works and ensure that the projects are planned and executed expeditiously in accordance with the

programme. The Board has the financial and other powers of Department of Government. The

headquarters of the Secretariat of the Board are at New Delhi. The Secretary of the Board, who is ex-

officio Joint Secretary of the Government of India will be the responsible for dealing with such matters

as are required to be referred to the Board and for issue of sanctions on behalf of Ministry of Road

Transport Government of India. Apart from the Secretariat of the Board, General Reserve Engineer

Force (GREF) a technical organization headed by Director General Border Roads, has been created

with headquarters at New Delhi. He is directly responsible for execution of road projects in the forward

areas, coordination in all technical matters and progressing of projects included in the programme and

entrusted to GREF. He will deal with any request for assistance in procurement of stores and equipment

and problems connected with manpower. He will also be responsible for scrutiny of all estimates

before they are put up to the Board.

4. Funds are being arranged and provided under Demand No. 133 - Capital Outlay on Roads

Roads (Ministry of Transport Estimates) and suitable arrangements are being made to earmark the

amount for the projects.

207

5. The Board has held a number of meetings and has approved a programme of road construction.

The road scheme included in the programme, the agency responsible for construction and the dates

by which construction should be completed are indicated in state wise statement attached (Enclosure

II).

6. In regard to the projects which will be executed by State PWD, the intention is that after

administrative approval has been accorded by the Board and necessary funds have been allotted, the

PWD will carry out the work in accordance with their own rules with such modifications as may be

approved from time to time. Any anticipated excesses over 20% of the administratively approved sum

will be reported to the Board for orders. In view of the extreme urgency of the projects, it may be

necessary to relax simplify and speed up rules and procedure. Such relaxation may be considered as

and when it becomes necessary.

7. With the constitution of the Board and setting up of a Board Secretariat the work connected

with the road projects included in the programme of the Board will be dealt with by the Secretary of the

Board to whom all communications in regard to these roads may be addressed. In technical matters,

however, the Chief Engineers may address direct to the Director General Border Roads.

xxxsdxxx

S. K. Mukherjee

Secretary


19.8.1960

To,

The Chief Secretary to the Government of Jammu & Kashmir, Srinagar

The Chief Secretary to the Government of Himachal Pradesh, Shimla

The Chief Secretary to the Government of Uttar Pradesh, Luchnow

The Chief Secretary to the Government of West Bengal, Calcutta

The Vhief Secretary to the Government of Assam, Shillong and the

The Adviser to the Governor of Assam (Shri N.K. Rustomji)

208

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS(Establishment II Secton)

NOTIFICATIONNew Delhi, the 18th May, 2004

G.S.R. 335 (E) :- In exercise of the powers conferred by the proviso to article 309 of the constitution

in supersession of the Ministry of Surface Transport (Roads Wing) Central Engineering Service (Roads)

Group 'A' Rules, 1995 except as respects things done or omitted to be done before such supersession,

the President hereby makes the following rules, namely:-

PART-I

l. Short title and commencement.-(l)These rules may be called the Ministry of Road

Transport and Highways, Central Engineering Service (Roads) Group ‘A’ Rules, 2003.

(2) They shall be deemed to have come in to force on the date of their publication in the

Official Gazette.

2. Definitions -ln these rules, unless the context otherwise requires,-

(a) "Service” means the Central Engineering Service (Roads) Group ‘A’ constituted under

rule 3 of these rules;

(b) “Commission” means the Union Public Service Commission;

(c) “Government” means the Government of India;

(d) “Regular Continuous Service” means service rendered on continuous basis after regular

appointment to a grade on the recommendations of the Departmental Promotion

Committee or in consultation with the Commission, as the case may be;

(e) “Scheduled Castes” and “Scheduled Tribes” shall have the same meanings as are

assigned to them in clauses (24) and (25) respectively of article 366 of the Constitution'

3. Constitution of the Central Engineering Service (Roads) Group ‘A’.- The "Ministry of Road

Transport and Highways, Central Engineering Service (Roads) Group "A" shall consist of -

(a) persons who were in the Ministry of Surface Transport (Road Wing) Central Engineering

Service (raod) Group 'A' Rules, 1995; and

(b) persons who may be appointed to Service after commencement of these rules.

4. Classification, categories and scales of pay- “( 1) The posts in various grades of the Service,

their number, classification and pay scales are given in Schedule I appended to these rules.

2 ) Not with standing anything contained in sub rule ( I), the Government may,-

(i) make additions or alterations to the number of duty posts in various grades from time to

time;

(ii) include in the service, in consultation with the Commission, such posts as may be

deemed to be equivalent to the duty posts in the service in grade, pay scale and

professional content or exclude from the service a duty post already included in the

service; and

209

(iii) appoint, in consultation with the Commission, an officer to a duty post included in the

Service under clause (ii), to the appropriate grade in a temporary capacity or in a

substantive capacity and fix his seniority in the grade after taking into account continuous

regular service in the analogous grade;

5. Maintenance of the service -(I) The vacant posts in any of the grades referred to in Scheduled

I shall be filled in the manner hereinafter provided in these rules.

(2) All vacancies in the grade of Assistant Executive Engineer (Civil) and Assistant Executive

Engineer (Mechanical) shall be filled by direct recruitment on the basis of the results of the Combined

Engineering Services Examinations conducted by the Commission, on the basis of educational

qualifications and age limits decided for this purpose from time to time.

3) Appointments in the Service to the posts of Chief Engineer, Superintending Engineer and

Executive Engineer shall be made by promotion from amongst the officers of the respective discipline

(Civil or Mechanical) in the next lower grade with minimun qualifying service as specified in Schedule II.

Appointment to the posts of Additional Director General and Director General (Roads Development)

and Special Secretary shall be made by promotion from amongst the officers in the next lower grade

(s) with minimum qualifying service as specified in Schedule II.

4 ) The selection of officers for promotion shall be made on the recommendation of a Departmental

Promotion Committee as specified in Schedule V.

(5) Notwithstanding anything contained in this rule, where the Government is of the opinion that, it

is necessary or expedient so to do, it may for reasons to be recorded in writing and in consultation with

the Commission, fill a duty post in any grade upto the post of Superintending Engineer (that is in the

grades of Executive Engineer and Superintending Engineer) by deputation including short term contract.

The qualifications, experience and eligibility service required in each case, the sources from which the

officers will be taken and the period for which they wtll be appointed are specified in Schedule Ill.

(6) Notwithstanding anything contained in this rule, where the Government is of the opinion that it is

necessary or expedient so to do, it may, for reasons to be recorded in writing and in consultation with the

Commission, fill a duty post in the grade of Executive Engineer by direct recruitment, the qualifications,

experience and other matters concerning such recruitment shall be specified in Schedule IV.

6 Probation .- (1) Every officer on appointment to the Service by direct recruitment in the grade of

Assistant Executive Engineer shall be on probation for a period of two years,

Provided that the controlling authorities may extend the period of probation in accordance with

the instructions issued by the Government from time to time in this regard.

Provided further that any decision for extension of probation period shall be taken immediately

after the expiry of the initial period of probation and ordinarily within eight weeks and communicated in

writing to the concerned officer together with the reasons for so doing within the said period.

(2) On completion of the period of the probation or any extension thereof, the officer shall, if

considered fit for permanent appointment, be confirmed in terms of the extant orders of the Government.

(3) If during the period of probation or any extension thereof, as the case may be, the Government

is of the opinion that an officer is not fit for permanent appointment, it may discharge the officer or revert

210

to the post held by him prior to his appointment in the service, as the case may be.

(4) During the period of probation or any extension thereof, an officer may be required by the

Government to undergo such courses of training or pass such examinations or tests as the Government

may deem fit as condition for satisfactory completion of probation.

5 As regards other matters relating to probation, the members of the Service will be governed by

the orders or instructions, issued by the Government in this regard from time to time.

7. Appointment to the Service - All appointment shall be made by the Govemment in the duty

posts in various grades of the service.

8. Posting- Officers appointed to the Service shall be liable to serve anywhere in India or abroad.

9. Liability to serve in Defence Services or posts connected with the Defence officer appointed to

the Service, if so required shall be liable to serve in any Defence Service or post connected with the

Defence of India, for a period of not less than four years including the period spent on training, if any;

Provided that such officer shall not be required to serve as aforesaid after the expiry of ten years from

the date of appointment to the service or from the date of his Joining prior to the initial constitution of

service or if he has attained the age of forty years

10 Disqualifications -No person,-

(a) Who has entered into or contracted a marriage with the person having a spouse living;

or

(b) Who having a spouse living has entered into or contracted a marriage with any person,

shall be eligible for appointment to the Service:

Provided that the Central Government may, if satisfied that such marriage is permissible

under the personal law applicable to such person and the other party to the marriage

and that there are other grounds for so doing exempt any person from the operation of

this rule.

I I. Powers to relax.- Where the government is of the opinion that it is necessary or expedient so to

do, it may, by order for reasons to be recorded in writing and in consultation with the Commission, relax

any of the provisions of these rules with respect to any class or category of persons.

l 2. Saving.- Nothing in these rules shall affect reservations, relaxations in age limit and other

concession required to be provided for the Scheduled Castes, the Scheduled Tribes, Ex-servicemen

and other special categories of persons in accordance with the orders issued by the Government from

time to time in this regard.

13. Residuary matters . - In regard to matters not specifically covered by these rules or any general,

or special orders made or issued there under the members of the Service shall be governed by rules

applicable to other Central Services in general.

14. Interpretation.-If any question arises relating to the interpretation of these rules , it shall be

decided by the Government in consultation with the Commission.

211

SCHEDULE I[See Rule 4( I )]

Name, number and scale of pay of duty posts induded in various grades of CentralEngineering Service (Roads) Group ‘A’

Serial Grade and classification of posts Number of Scale of paynumber1 2 3 4

Part-I Civil Engineering

( i) Director General (Road Development) 1*(2003) Rs. 26000( fixed)

and Special Secretary to the Govt. of

India

( i i) Additional Director General 2*(2 003) Rs. 22400-525-24,500

(iii) Chief Engineer (Civil) 15 *(2003) Rs. 18,400-500-22400

(iv) Superintending Engineer (Civil) 53*(2003) Rs. 14300-400-18300

(v) Executive Engineer (Civil) ** Rs. 2000-375-16500

(Non Functional Selection Grade)

(vi) Executive-Engineer (Civil) 80*(2003)@ Rs. 10000-325-15200

(vi i) Assistant Executive Engineer (CiviI) 39*(2003) Rs. 8000-275-13500

Part-II Mehanical Engineers

(i) Chief Engineer (Mechanical) 1* (2003) Rs. 18400-500-22400/-

( i i) Superintending Engineer 7*(2003) Rs. 14300-400-18300

(Mechanical)

(iii) Executive Engineer (Mechanical) Rs. 12000-375-16500

(Non Functional Selection Grade)

(iv) Executive Engineer (Mechanical) 7*(2003)@. Rs. 10,000-325-15200

(v) Assistant Executive Engineer 3*(2003) Rs. 8000-275-13500

(Mechanical)

*Subject to variation dependent on workload.

@Include also the Non Functional grade posts in the scale of pay of Rs. 12000-375-16500.

** The number of posts in Non Functional Grade, shall be restricted to 30% of the senior duty posts

(i.e. posts in the pay scale of Rs. 10000-15200 and above.)

Note I: Regular Superintending Engineers, who had completed 09 years of regular service in the grade

of Executive Engineer will be placed in the scale of Rs.14300-18300/-.

212

Note 2. The pay scals of Rs. 12000-16500/- to Non Functional Setection Grade to Executive Engineers

will be applicable prospectively based on the recommendations of Departmental Promotion Committee.

Till such time as the existing regular incumbents of the post of Executive Engineer are appointed to the

Non Functional Selection Grade in the pay scale of Rs. 12000-16500/- after due observance of the

prescribed procedure, they shall be entitled only to functional grade of Rs. 10000-15200/-

SCHEDULE II

[See Rule 5(3)]

Method of recruitment, field of promotion and minimum qualifying service in the next lower

grade for appointment of officers on promotion to duty posts included in various grades of the Central

Engineering service (Roads) Group ‘A' of the Ministry of Road Transport and Highways:

Serial Grade or duty posts Method of Field of selection and minimum qualifying

number

(i) Director General (Road Promotion Additional Director General (Rs.22400-

Development) and on Selection 525 -24500) of the Central Engineering

Special Secretary basis Service (Roads) Group ‘A’ with minimum

(Rs. 26000 fixed) 2 years of regular service failing which 5

years combined regular service in the

grades of Additional Director General and

Chief Engineer (Rs. l8400-500-22400) of

the Central Engineering Service (Roads)

Group ‘A’.

(ii) Additional Director Promotion on Chief Engineers (Civil/Mechanical)

General Selection (Rs.l8400-500-22400) of the Central

(Rs. 22400-525-24500) basis Engineering Service (Roads) Group ‘A'

with 3 years of regular service in the grade.

Part I Civil Engineering

(iii) Chief Engineer Promotion on Superintending Engineers (Civil)

Engineer (Civil) Selection (Rs. 14300-400-18300) with 3 years of

(Rs.I18400-500-22400) basis regular service in the grade.

(iv) Superintending Promotion Executive Engineers (Civil) (Rs. 10000 -

Engineer (Civil) failing which 325-15200), who have completed 9 years

(Rs. 14300-400-18300) by deputation of regular service in the grade, including

(Promotion on regular service, if any, rendered in the non

Selection functional grade of the Executive Engineer

basis) in rhe grade (i.e pay scale of Rs. 12000-

375-l6500).

213

(v) Executive Enginieer Promotion on Executive Engineer (Civil) Rs. 10000-

(Civil) selection 325-15200) with 5 years of regular service

(Non Financial basis in the grade

Selection Grade

(12000-375-16500)

(vi) Executive Enginieer Promotion on (i) 85% from the grade of Assistant

(Civil) selection Executive Engnieer (Civil) with 4

(10000-325-15200) basis failing years regular service in the grade.

which by

deputation (ii) 15% from amongst Assistant

failing which Engineer (Civil) of the Minister of

by direct Road Transport & Highways with

recruitment 8 years’ regular service in the

grade and having degree in Civil

Engineering from a recognized

University/Institution.

(vii) Assistant Executive By Direct

Engineer (Civil) Recruitment.

(Rs.8000-275- 13500) through the

Engineering

Service

Examination

Conducted

by the

Commission.

Part II Machanical

Engineering

(i) Chief Engineer Promotion on Superintending Engineer (Mechanical)

(Mechanical) Selection with 3 years regular service in the grade.

(Rs. 18400-500-22400/-) basis

(ii) Superintending Promotion on Executive Engineers (Mechanical), who

Engineer (Mechanical) failing which have completed 9 years of regular service

(Rs. 14300-400-18300) by deputation in the grade of Executive Engineer,

(Promotion on including regular service , if any, rendered

Selection in the non functional grade of the

basis) Executive Engineer in the grade (i.e . pay

scale of Rs.12000-375-16500).

214

(iii) Executive Engineer Promotion on Executive Engineer (Machanical) (Rs.

(Mechanical) Non-Selection 10000-325-15200) with 5 years of regular

(Non Functional basis service in the grade.

Selection Grade)

(12000-375-16500)

(iv) Executive Engineer Promotion, Assistant Executive Engineer (Mechanical)

(Mechanical) on Selection with 4 years of regular service in the grade.

( 10000-325-15200) basis failing

which by

deputation,

failing which

by direct

recruitment

(v) Assistant Executive By Direct The Rules/Regulations and conditions for

Engineer (Mechanical) Recruitmenet admission to the Exam will be as notified

(Rs.8000-275-13500) through the by the Goverrunent/Commission in the

Engineering Newspapers/Employments News from

Service time to time.

Examination

Conducted

by the

Commission.

Note: Where juniors who have completed their qualifying/eligibility service are being considered for

promotion, their seniors would also be considered provided they are not short of the requisite qualifying/

eligibility service by more than half of such qualifying/eligibility service, or two years, whichever is less,

and have successfully completed their probation period for promotion to the next higher grade along

with their juniors who have already completed such qualifying/eligibility service.

215

THE GAZETTE OF INDIA : EXTRAORDINARY

SCHEDULE III

(See Rule 5 (S)]

Source of deputation (including short term contract) and the requirement of qualification and

experience for the deputation.

Serial Name of the post Eligibility Rquirement

Number

( 1 ) (2) (3)

1. Executive Engineer Officers of the Central/State Government/Union

(Civil) Territories / Universities / Recognised Research

(Rs. 10000-325 - Institutions/ Public Sector Undertakings /Semi

15200) Government/Statutory or Autonomous Organizations: -

(a) (i) holding analogous posts on regular basis; or

(ii) with 5 years of regular service in posts in th

pay scale of Rs. 8000-275-13500 or

equivalent; or

(iii) with 8 years of regular service in· posts in the

pay scale of Rs. 6500-200-10500 or

equivalent; and

(b) (i) possessing a degree in Civil Engineering from

a recognized University or equivalent; and

(ii) 5 years of experience in design/construction

of Highways.

2. Executive Engineer Officers of the Central/State Governments/Union

(Mechanical) Territories/Universities/Recognised Research

(Rs.10,000-325- Institutions/Public Sector Undertakings/Semi

15200) Government/Statutory or Autonomous Organizations: -


(ii) with 5 years of regular service in post in the

pay scale of Rs.8000-275-13500 or equivalent;

or

(iii) with 8 years of regular service in the posts in

the pay scale of Rs.6500-200-10500 or

equivalent; and

(b) (i) possessing a degree in Mechanical

216

Engineering as the case may be from a

recognized University or equivalent; and

(ii) 5 years of experience in connection with

operation/maintenance of the Machinery used

in construction of Highways.

3. Superintending Officers of the Central/Stat Governments/Union

Engineer (Civil) Territories / Universities/Recognised Research

(Rs. 14300-400- Institutions / Public Sector Undertakings / Semi

18300) Government/Statutory or Autonomous Organiation



pay scale of Rs.12000-16500 or equivalent;

or


the pay scale of Rs.10000-15200 or equivalent;

and

(b) (i) possessing a degree in Civil Engineering

from a recognized University or equivalent; and

(ii) 10 years of experience of designs/

construction of Highways.

Superintending Officers of the Central/State Governments/Union

Engineer Territories / Universities / Recognised Research

(Mechanical) Institutions / Public Sector Undertakings / Semi

(Rs.14300-400- Government / Statutory or Autonomous Organisation

18300)



pay scale of Rs.12000-16500 or equivalent;

or


the pay scale of Rs.10000-15200 or equivalent

and

(b) (i) possessing a degree in Mechanical

Engineering from a recognized University or

equivalent; and

(ii) 10 years of experience in connection with

operation/maintenance of the Machinery used

in construction of Highways.

217

SCHEDLLE1V(See Rule 5-(6))

Educational qualifications and Experience for direct recruitment to the post of Executive Engineer

Serial Name of the post Eligibility for recruitment

Number

(1) (2) (3)

1. Executive Engineer Age Limits : Age not exceeding 40 years.

( Civii)

Note 1 : Relaxable for Govemrnent servants upto 5 years in

accordance with the instructions orders issued by the Central

Govt.

Note 2 : The crucial date for determining the age limit shall be

the closing date for receipt of applications from candidates in

India ( and not the closing date prescribed for those in Assam,

Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland,

Tripura, Sikkim, Ladakh division of Jammu and Kashmir State,

Lahaul and Spiti district and Pangi sub-division of Chamba

district of Himachal Pradesh, Andaman and Nicobar Island or

Lakshdweep.

Qualifications:

Essential: A. degree in Civil Engineering from a recognized

University or equivalent;

B. Experience: 5 years of experience of design construction

of highways

Note 1 : Qualifications relaxable at the discretion of the Union

Public Service Commission in case of candidates otherwise

well qualified

Note 2 : The qualification (s) regarding experience is/are

relaxable at the discretion of the Union Public Service

Commission in case of candidates belonging to the Scheduled

Castes or Schedule Tribes if at any stage of selection the Union

Public Service Commission is of the opinion that sufficient

number of candidates from these communities possessing

the requisite experience are not likely to be avaiiable to fill up

the vacancies reserved for them.

218

2. Executive Engineer Age Limits : Age not exceeding 40 years.

( Mechanical)

Note 1 : Relaxable for Government service upto 5 years in

accordance with the instructions orders issued by the Central

Govt

Note 2 : The crucial date for determining the age - limit shall

be the closing date for receipt of applications from candidates

in lndia (and not the closing date prescribed for those in Assam,

Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland,

Tripura, Sikkim, Ladakh division of Jammu and Kashmir State,

Lahaul and Spiti district and Pangi sub-division of Chamba

district of Himachal Pradesh, Andaman and Nicobar lsland or

Lakshdweep.

Qualifications: A Degree In Mechanical Engneering from a

recognized University or equivalent;

B. Experience: 5 years of experience in connection with

oparation or maintenance of Machinery used in construction

of Highways.

Note 1 : Qualifications relaxable at the discretion of the Union

Public Service Commission in case of candidates otherwise

well qualified.

Note 2 : The qualification(s) regarding experience is/are

reaxable at the discretion of the Union Public Service

Commission in case of candidates belonging to the Scheduled

Castes or Scheduled Tribes if at any stage of selection the

Union Public Service Commission is of the opinion that

sufficient number of candidates from these communities

possessing the requisite experience are not likely to be available

to fill up the vacancies reserved for them.

219

SCHEDULE V

[See Rule 5 (4)]

Composition of Departmental Promotional Committee for Group’ A’ posts in the Central EngineeringService (Roads) Group ‘A’ of the Ministry of Road Transport and highways.

Serial Name of the post Group 'A’ Departmental Promotion Group ·A’ DepartmentalNumber Committee (for Promotion) Promotion Committee (for

considerine confirmation)

(1) (2) (3) (4)

1. Director General 1. Chairman or Member, Not applicable(Road Development) Union Public Serviceand Special Commission -ChairmanSecretary.

2 Secretary, Ministry ofRoad Transportand Highways - Member

2. Additional Director I. Chairman or Member, . Not applicableGeneral Union Public Service

Commission -Chairman

2 Secretary, Ministry ofRoad Transportand Highways - Member

3. Director General(Road Development)and SpecialSecretary - Member

3. Chief Engineer 1. Chairman or Member, Not applicable(Civil or Union Public ServiceMechanical) Commission - Chairman

2. Secretary, Ministry ofRoad Transport .and Highways - Member


4. Superintending 1. Chairman or Member, Not applicableEngineer (Civil or Union Public ServiceMechanical) Commission - Chairman


220

3. Additional DirectorGeneral - Member

5. Executive Engineer 1. Director General Not applicable(Civil or (Road Development)Mechanical) and Special(Non Functional) Secretary - MemberSelection Grade)

2. Additional DirectorGeneral or Chief Engineer - Member

3. Director or DeputySecretary (Administration) - Member

6. Executive For promotion from amongst Assistant Not applicableEngineer(CiviI or Executive Engineers:Mechanical)

1. Director General RoadDevelopment) and SpecialSecretary - Chairman


3. Director or DeputySecretary (Administration) -Member

For promotion from Group ‘B’ posts of Not applicableAssistant Engineers:

1. Chairman or Member,Union Public ServiceCommission - Chairman

2. Additional DirectorGeneral or Chief Engineer · Member

3. Director or DeputySecretary (Administration)- Member

7. Assistant Executive 1. Secretary Ministry of road Not applicableEngineer (Civil or Transport & Highways.Mechanical) - Chairman

2. Director General RoadDevelopment) and SpecialSecretary - Member


4. SuperintendingEngineer(representative ofSC/ST community - Member

221

Headquarters


Seema Sadak Bhawan


New Delhi-110 010

71011/DGBR/175/ADG Sectt 06 Jun 2012

Secretary BRDB

418, 4th Floor,

Border Road Wing of MoRT&H

Sena Bhawan

New Delhi

MANNING POLICY IN BRO

1. Further to letter No 71011/DGBR/172/ADG Sectt dated 06 Jun 2012.

2. Copy of Cabinet Secretary DO No. 1-11019/6/2008-CRD dated 29 Apr 2008 is enclosed.

According to the Annexure to the above letter, BRES Group ‘A’ posts are under the administrative

control of MORT&H and the cadre controlling authority is Secretary MoRT&H.

3. Therefore, the contention of Sectt BRDB that BRO and BRES Group ‘A’ posts are under the

administrative control of Ministry of Defence is not in order and needs to corrected. In view of the

above, any personnel policy approved by any authority without the consent of DOPT and UPSC and

the Cadre Controlling Authority of BRES Group ‘A’ service has no legal and constitutional validity and

cannot become statutory order.

4. Sectt BRDB is requested to frame personnel policy in respect of BRES Group ‘A’ posts including

the post of DGBR in accordance to the DOPT guidelines under proviso fo Article 309.

xxxsdxxx

(Dr VK Yadav)

Addl DGBR


Border Roads Organisation

Copy to:-

DDG (Pers) - For information with respect to letter dated 06 Jun 2012 along with a copy of

HQ DGBR Cabinet Secretary letter dated 29 Apr 2008 please.

222

D.O.No.I-11019/6/2008-CRD

eaf=eaMy lfpoCABINET SECRETARY

NEW DELHI

K.M.CHANDRASEKHAR April 29, 2008

Dear Secretary,

As you are aware, the Cadre Review Division of the Department of Personnel & Training

processes all proposals received for Cadre Review from the Cadre Controlling Authorities (CCAs).

Normally, the cadre structure of each Service should be reviewed once in every five years. However, if

the cadre is managed in a manner that the functional needs at various levels as well as legitimate

aspirations of members of the Service for promotions are taken care of, then the review of the Cadre/

Service could wait for a longer period. The delay in submission of the cadre review proposals to the

DoPT should, thus, be based on a properly analyzed decision of the Cadre Controlling Authority, and

should not be the result of inaction or administrative delays.

2. I have seen the status of cadre review of the Group ‘A’ Services as prepared by the DoPT. It

appears that in the case of a large number of Group ‘A’ Services, including the Services of which your

Ministry is the Cadre Controlling Authority, such cadre review has not been held in time. You would

appreciate that the tool of cadre review is made use of to ensure timely career growth and progression

of the officers of all Services. Therefore, it is essential that this review is made in time so that frustration

and demotivation leading to litigation etc. could be reduced.

3. In view of the above, I would request you to so arrange your schedule that the cadre reviews

are held within the next two months positively. If, for some reason, you are not able to do the cadre

review within two months, you must write to me, indicating the reason and also the possible date by

which it will be done.

With regards,

Yours sincerely,xxxsdxxx

(K.M. CHANDRASEKHAR)

223

NAME OF THE SECRETARIES OF CADRE CONTROLLING AUTHORITIES AND THE

NAME OF GROUP ‘A’ SERVICES UNDER THEIR CONTROL IN WHICH CADRE REVIEW

HAS NOT BEEN UNDERTAKEN

S.No. Name of Secretary Ministry I Department Name of Service

1. Shri J.P. Singh Ministry of Mines, Geological Survey of

Secretary Shastri Bhawan, New Delhi India

Survey of India Group

‘A’ Service

2. Shri G. K. Pillai Department of Commerce, Indian Trade Service

Secretary Ministry of Commerce &

Industry, Udyog Bhawan,

New Delhi

3. Shri Siddhartha Behura Department of Indian

Secretary, Telecommunications, Telecommunication

Ministry of Communications & Service

IT, P&T Building Works

Sanchar Bhawan, AshokaRoad, Service

New Delhi

4. Shri I.M.G. Khan Department of Posts, Indian P&T Accounts &

Secretary Ministry of Communications & IT, Finance Service

Dak Bhawan, Sansad Marg,

New Delhi

5. Shri Anurag Goel Ministry of Corporate Affairs, Indian Company Law

Secretary Shastri Bhawan, New Delhi Service

6. Shri Vijay Singh Department of Defence, Indian Defence Estates

Secretary Ministry of Defence, Service

South Block, New Delhi Indian Naval Armament

Service

Defence Aeronautical

Quality Assurance

Service

7. Shri Pradeep Kumar Department of Defence Indian Ordnance

Secretary Production, Factory Service

Ministry of Defence, Indian Ordnance

South Block, New Delhi Factory Health Service

8. Dr. P.S. Goel Ministry of Earth Science, Indian Meteorological

Scientist Mahasagar Bhawan, Service

Block No. 12, CGO Complex

Lodhi Road, New Delhi

224

S.No. Name of Secretary Ministry I Department Name of Service

9. Dr. D. Subba Rao Department of Economic Indian Revenue Service

Finance Secretary Affairs, Indian Audit &

Ministry of Finance, Accounts Service

North Block, New Delhi

10. Shri Madhukar Gupta Ministry of Home Affairs, CRPF, BSF, ITBP,

Home Secretary North Block, New Delhi CISF

Health Services of

CRPF, BSF and ITBP

11. Ms. Asha Swarup Ministry of Information & Indian Broadcasting

Secretary Broadcasting, (Engg. )Service,

Shastri Bhawan, New Delhi Indian Broadcasting

(Prg.) Service

12. Shri T.K. Viswanathan, Department of Legal Affairs Indian Legal Service

Secretary, Ministry of Law & Justice,

Shastri Bhawan, New Delhi

13. Shri Anil Razdan, Ministry of Power, Central Power

Secretary Shram Shakti Bhawan, Engineering Service

Rafi Marg, New Delhi

14. Shri Brahm Dutt Department of Road Transport Border Roads

Secretary & Highways Engineering Service

Ministry of Shipping, Road Central Engineering

Transport and Highways, Service (Roads)

Transport Bhawan, Sansad Marg,

New Delhi “

15. Shri U.N. Panjiar Ministry of Water Resources Central Water

Secretary Shram Shakti Bhawan, New Engineering Service

Delhi

225

Headquarters


Seema Sadak Bhawan


New Delhi-110010

71 011/DGBR/176 /ADG Sectt 07 Jun 2012

Defence Secretary

Ministry of Defence


Functioning of BRDB and BRO in Accordance to the BRDB Rule of

Business made by the Prime Minister in the capacity of Chairman BRDB

Sir,

This has the reference to the meeting held by Addl Secretary (B), Ministry of Defence on the

issue of posting and transfer of Director and above level officers of Border Roads Organisation.

2. During the meeting, a doubt about the administrative control of BRO was raised by the Additional

Secretary (B) and according to the information given to him, BRO and its employees are under the

administrative control of Ministry of Defence, which is not correct and has been already negated in

1981 by the Hon’ble Minister of State for Defence in Lok Sabha reproduced below:-

‘ Unstarred Question No 6002 raised by Hon’ble MP, Shri Dayaram Shakya in the Lok Sabha on 01 Apr

1981 and reply given by then Minister of State for Defence Shri Shivraj V Patil quoted below (Extract

enclosed for ready reference):-

“Question

Will the Minister of Defence be pleased to state:-

(a) Whether civilian employees serving with Border Roads Development Organisation and

G.R.E.F. are under administrative control of Ministry of Defence?

(b) if so, the reasons why these employees are not brought at par with their counterparts

serving with MES, EME etc as regards their terms and conditions?

Answer

I, Shri Shivraj V. Patil, the Minister of State, Defence:-

(a) No Sir. They are under the administrative control of the Border Roads Development

Board which independently exercises the powers of a Government department.

(b) Does not arise.

226

3. The Cabinet Secretariat Note dated 14 Mar 1960 and BRDB Rules of Business made by the

Prime Minister in the capacity of Chairman BRDB clearly demonstrates that Ministry of Defence has

no role to play in the functioning of BRDB and BRO. The issue of long term programme of BRDB was

discussed at length by the Secretaries’ Committee (Copy of Paper No. 111-A dated 20/21 Mar 1972 is

enclosed). It can be seen from the paper that committee has not made any recommendation for

appointment of Army officers on any permanent posts in BRO.

5. It is on record that Secretariat BRDB initiates each and every case on behalf of MoRT&H for

getting the approval of the Chairman BRDB. Therefore sanction accorded on the case file of Secretariat

BRDB at each level is given on behalf of MoRT&H and not on behalf of MoD. Therefore, it is absurd to

infer that RM/RRM, as Chairman BRDB, is approving or according sanction to Secretariat BRDB on

behalf of Defence Ministry.

6. In spite of these facts on record, officials dealing with BRO are misleading Govt. hierarchy

about the BRDB and BRO, and issuing personnel policy with the approval of RM without involving

DoPT and UPSC in gross violation of Govt. of India (Transaction of Business) Rules 1961 and BRDB

Rules of Business made by the Prime Minister.

7. In view of the above, it is requested that necessary direction may be issued to Secretary

BRDB, MoRT&H and Additional Secretary (B), Ministry of Defence not to make any confusing statement

about the BRDB and BRO in the Govt. hierarchy and follow Govt. rules and regulations while dealing

with the personnel policy affecting the service terms and condition of BRO employees so that illegal

and unconstitutional personnel policy floating on the basis of past practices could not be allowed to

overtake the department and transparency in the functioning of BRO can be established.

Yours faithfully,

xxxsdxxx

(Dr VK Yadav)

Addl DGBR



Copy to

PS to Hon’ble RRM - The personnel policy decisions of BRO employees shall not be

Ministry of Defence allowed on the basis of past practices but should be in accordance

South Block New Delhi with the service Law made under provision of Article 309. Hon’ble

RRM may please be apprised to issue necessary directions to

Secretariat BRDB to follow the laid down rules before processing

a case for the approval of Chairman BRDB.

Secretary BRDB - For information and necessary action please.

418, 4th Floor

Border Roads Wing of MoRT&H

Sena Bhawan, New Delhi

227

Annexure: VIII-E

RULES OF BUSINESS OF THE BORDER ROADS DEVELOPMENT BOARD

The following rules have been made by the Prime Minister for transaction of the business of theBorder Roads Development Board.

2 The matters specified below shall be put up to the Board for decision :-

i) The Budget and connected estimates. Pending the formulation of detailed Budget, andsubject to availablity of funds, the Board may sanction individual projects or groups ofprojects.

ii) Determination of priorities in regard to projects to be taken up.

iii) Individual projects, costing Rs. 100 lakhs or more.

iv) Proposal for Procurement of plant and machinery vehicles, stores, etc., involvingexpenditure exceeding Rs. 100 lakhs for each project .

v ) Creation of temporary posts in Class I Service or equivalent on a pay of Rs. 2,250/ - permonth or above and appointment thereto .

vi) Reports regarding the progress of works.

vii) Any major relaxation in the works or accounting procedure .

3 . Decisions in respect of the following matters may be taken by the Chairman or, under hissupervision, by such member as he may nominate, in concurrence with the financial Adviser :-

a ) Approval of individual projects, costing less than Rs. 100 lakhs, subject to the projectshaving been approved in principle by the Board.

b) Proposals for procurement of plant, machinery, vehicles, stores and other equipment ata cost not exceeding Rs.100 lakhs per approved project.

c) Creation of temporary appointments in Class I Service or equivalent on a pay less thanRs. 2,250/- per month.

d.) Minor changes or relaxations in the detailed works procedure including delegation ofincreased powers to lower authorities.

4 The Secretary of the Board will exercise the administrative powers of a Joint Secretary to theGovernment of India in all matters including those affecting the staff of the Board, e.g., creation of postsin Class II and below for his office and the office of the Director General (Border Roads), claims relatingto pay and allowances, contingencies etc.

5. The Secretary of the Board shall issue formal sanctions on behalf of the Ministry of Transportand Communications (Border Roads ) in respect of decisions taken in the above manner. Suchsanctions will, where necessary, be endorsed to the audit and accounts authoritites in the usual mannerby the Financial Adviser concerned.

6 The Director General, Border Roads, shall have the same administrative, financial and technicalpowers in relation to the sanctioned projects as are exercised by the Engineer-in-Chief, ArmyHeadquarters, under the Military Engineering Services and connected regulations.

7 The Financial Adviser (Defence ) will be the Financial Adviser to the Board. The internalfinancial advice system shall not apply.

•

228

ANNEXURE P- 1

Page 1 of 5

DCC No. CD-273/CO 14-3-1960

CABINET SECRETARIAT


Subject :- Development of Roads in the Border Areas.

Government have been considering for some time past the steps to be taken to accelerate the

economic development of the North and North-Eastern border areas of Jammu & Kashmir, Punjab,






and economical and expeditious execution, the President has been pleased to sanction the setting up



time to time be nominated by the Prime Minister. The official members of the Board shall not be entitled


the Ministry of Finance (Department of Expenditure) O.M. No. F6(26)/SJV/59 dated the 5th September


3. The functions of the Board will be broadly as follows :-

(a) It will be responsible for laying down the policy in respect of Border communications

prescribe priorities and specifications and ensure that projects are planned and executed

expeditiously in accordance with those priorities. It may also take up developmental

roads and Civil works pertaining to Hydel Projects, Dams, Irrigation projects, Buildings

etc. in the areas of its normal operation.


implementation of projects by them, coordinates their work and requirements of men

and material and arrange for their procurement.


229







be promulgated by the Secretariat of the Board which will be given exofficio Communications





projects will be dealt with separately. The Boards shall transact its business in accordance with the

rules to be made by the Prime Minister.


have been allotted, the individual agencies concerned will carry out the work within the scope of the














Sd/-x x(Vishnu Sahay)Secretary to the Cabinet14-3-1060

230

ANNEXURE P- 1

Page 4 of 5

SECRET

NO. BRDB/S/(4)/60

GOVERNMENT OF INDIA




OFFICE MEMORANDUM

SUBJECT:- BORDER ROADS DEVELOPMENT BOARD.


economic development of the North and North Eastern Border Area of the Jammu & Kashmir, Uttar


and inadequate communications. The immediate development of these partly by improving the existing




2. The Prime Minister is the Chairman of this Board and Shri V. K. Krishnan Menon, Minister for








officio Joint Secretary of the Government of India will be the responsible for dealing with such matters

as are required to be referred to the Board and for issue of sanctions on behalf of Ministry of Road

Transport Government of India. Apart from the Secretariat of the Board, General Reserve Engineer

Force (GREF) a technical organization headed by Director General Border Roads, has been created

with headquarters at New Delhi. He is directly responsible for execution of road projects in the forward

areas, coordination in all technical matters and progressing of projects included in the programme and

entrusted to GREF. He will deal with any request for assistance in procurement of stores and equipment

and problems connected with manpower. He will also be responsible for scrutiny of all estimates

before they are put up to the Board.

231


Roads (Ministry of Transport Estimates) and suitable arrangements are being made to earmark the

amount needed for the projects.

5. The Board has held a number of meetings and has approved a programme of road construction.

The road scheme included in the programme, the agency responsible for construction and the dates

by which construction should be completed are indicated in state wise statement attached (Enclosure

II).








7. With the constitution of the Board and setting up of a Board Secretariat the work connected



however, the Chief Engineers may address direct to the Director General Border Roads.

xxxsdxxx

(S.K. Mukherjee)

Secretary


19.8.1960

To,

The Chief Secretary to the Government of Jammu & Kashmir, Srinagar


The Chief Secretary to the Government of Uttar Pradesh, Luchnow


The Chief Secretary to the Government of Assam, Shillong and the

The Adviser to the Governor of Assam (Shri N.K. Rustomji)

SECRET

232

No. F. 5(4)/BRDB/7lGovernment of India (Bharat Sarkar),Border Roads Development Board(Seema Path Vikas Board)

New. Delhi, dated the 20th March,1972 21st

PAPER NO. III-A

Subject: Future programme of the Border Roads Development Board.

At the 2nd (70) meeting of the Board, the unsatisfactory position of serviceable machinery andequipment and difficulty in planning re-equipment in the absence of a long-term works programmecame up for consideration. It was decided/that a small group headed by the Cabinet Secretary andincluding Home Secretary, Defence Secretary and Foreign Secretary, would go into the question offuture long-term programme of the Border Roads Development Board. So far, the programme hadconsisted mainly of construction of border roads projected by the General Staff. Since these werenearing completion, construction of border roads for economic development and works other thanroad construction in difficult areas would also be considered. The size and duration of the futureprogramme would determine the extent of capital investment in machinery and equipment to replenishthe depleted machinery potential of the Organisation. On the manpower side, it would determine theextent of increase in its nucleus of permanent posts.

2. 1 A paper giving a comprehensive account of the problem was put up for consideration of theCommittee of Secretaries in June, 1971. It was brought out that, in the course of ten years of itsexistence, the organisation had succeeded in completing 75% Formation cutting, 80% Improvementworks and 60% Surfacing included in the "Immediate" programme of the Board. The remaining worksin the programme were expected to be completed by 1973-74 (later reassessed as 1974-75), exceptfor a small spill-over of permanent works and bridges. Future projections of the General Staff duringthe next ten years were likely to be on a modest scale. It was proposed that a new bulk programme beformulated of roads in sensitive border areas which need to be developed on a quicker pace and whichstate Governments were not in a position or were reluctant to give high priority. This was roughlyassessed to be not less than 1,200 miles programme the organisation could build up and retain itsmanpower and machine potential for 200 miles (320 KMs) of formation cutting and 300 miles (480 KMs) of surfacing per annum for the next ten years.

2 . 2 · The Committee of Secretaries decided that, as a preliminary to further consideration of theproblem, a better assessment of the immediate and projected needs of communication facilities insensitive border areas should be made by a Study Group under the Chairmanship of Secretary, BRDBand consisting of representatives of the Ministries of Transport, Home, Finance and PlanningCommission. The Group should take into account roads which need to be developed; at a quickerpace and to which state Governments are not in a position to give high priority and assess in consultationwith the Finance Ministry and Planning Commission. The scale of allocations on the plan and non-planside which could be expected annually. Secondly, it was felt that the cost of operations of BorderRoads organisation was on the high side and that a close and careful analytical study of the structureof the organisation and the extent to which the costs could be made more competitive would benecessary before considering the question of its future role in development of border areas. It wasnoted that a High-powered committee had already been set up to look into the costs of Border RoadsOrgansation. In particular, working out implications of reducing the mechanical content of theOrganisation in view of the high level of unemployment in the country was considered necessary. Thecommittee, however, noted that the Organisation served as a reserve force of engineer elements onwhich the Army could count upon in case of emergency. · Accordingly, consideration of the proposals

233

set out in the paper for future programme of the Organisation was deferred till the receipt of the reportsof the Study Group are the Expert Committee on cost of Construction.

3,1 The report of the committee on Cost of Construction was submitted in December, 1971 andhas been dealt with in paper No. III.

3.2 . The findings of the Study Group are that the existing road communications in the border areaare inadequate on the basis of 100 sq. KM unit of territory. The Group has assessed that the immediaterequirements of roads in sensitive border areas would be of the order of 3,300 KMs. The assessmenthas been made from out of the projections (totalling to about 9,000 KMs) received from the variousState Governments, keeping in view the priorties indicated by the states, the existing level of developmentin the area and the general importance of the projected roads. As a general rule, priority has been givento inter state roads and road which would connect these remote areas with the National /State Highways.The construction of feeder/link roads has been left to the State Governments. The total financial outlayrequired to complete this new programme of road construction at present day cost (assessed to be ofthe order of Rs 250 crores, assuming that about 1/3rd of the roads would be built to class 5 standard(16 wide) and rest to class 9 standard (20 wide).

3.3 It emerged during discussions of the Study Group with the representatives of the StateGovernments that no funds would be forthcoming for the execution of any road in the new programmefrom the State Governments' plans. The programme will, therefore have to be totally financeddevelopment of road communications in sensitive border areas is not mixed up with the priorities ofother projects, there should be a separate Central Scheme in the Plan for the accelerated developmentof these areas. This scheme should not form part of any scheme of the Roads /Wing or any otherMinistry, and should have its own priorities and a separate financial allocation. The Group, therefore,felt that the new programme, being developmental in content, should be treated as a separate CentralSector Scheme in the plan. However, if it became necessary for other considerations, such asentrustment of the programme to a departmental organisation like Border Roads to keep this programmeas a non-Plan Scheme, Government could consider the same.

3.4 . In the course of discussions with the representatives of State Governments, it was brought outthat the state PWDs would be in a position to undertake additional works at a lower cost than BorderRoads organisation provided funds were made available by the Centre. The Group considered thisquestion in detail. In regard to the Eastern Sector, it was felt that administrative units are comparativelysmall and it would not be possible for them to build up a specialised agency for the speedy execution ofdifficult mountain roads. The working group set up by the Planning commission on the integrateddevelopment of the North-Eastern region has also observed that the Organisation set up in the Easternstates and Union Territories is inadequate to implement developmental plans at the required speed. Inregard to the western sector, where the local PWD Organisations are well developed, the problems ofconstruction would be confined to remote and inaccessible areas, which are generally sparselypopulated. As a general proposition, the Group has suggested that, while the respective States shouldbe free to develop their own Organisation to take up construction of roads in relatively easier areas,where the problems of logisties, terrain and of labour are not formidable, a Central Agency like theBorder Roads Organisation might be necessary to open up remote areas. The Group, however, leftthis matter for decision by the committee of Secretaries, keeping in view, interalia, the operationalcosts of the Border Roads Organisation, the size of the organisation required for work in a nationalemergency and the capacity of the state PWDs.

3. 5 Proceeding on the assumptions that its proposal for formulation of Central Sector Schemewould be acceptable in the context mentioned and that either the Border Roads Organisation or someother Central Agency would be continued even beyond 1974-75 as a direct Central Implementing Agencyin addition to agencies like CPWD and MES, the Group assessed that it would be possible for the

234

Border Road Organisation to undertake the construction of the projected programme of about 3, 500KMs from the year 1975-76 and to complete it over a period of about 10 to12 years within the presentlevel of its annual financial outlays of about Rs. 53 crores.This could be achieved by phasing in physicalterms, about 300 KMs of the projected development roads with its own existing programme ofmaintenance, including resurfacing of roads already constructed and left over of permanent works andpermanent bridges and future requirements of new roads of the General staff. The funds required bythe organisation to meet its existing commitments and possible future requirements of General staffare of the order of Rs. 34 crores per annum during the period1975-76 to the year l979-80 and Rs. 22.50crores thereafter. The Organisation will, therefore, be in a position to utilise about Rs. 19 crores Perannum for the development roads projected by the Study Group which can gradually be increased toRs. 30.50 crores. In addition, the Group assessed that the Organisation could also undertake agencyworks where fund would be provided by the concerned Ministries/Departments, to the extent of Rs.9crores for the first five years after 1974-75 and Rs. 7 Crores for the next five years, without augmentingits existing size of manpower and machines.

3.6 Another recommendation of the Group is that the responsibility for future maintenance afterconstruction of the roads in the proposed Central Scheme should be that of the State Governmentsconcerned.

4 . 1 The Committee of Secretaries have considered the recommendations made by the CostCommittee and the projections made by its Study Group at their meeting held on the 17th March, 1972.The views expressed by the committee on various issues involved are contained in the Minutes of themeeting, a copy of which is at the Annexure. The Committee noted that the Border Roads Organisationwas likely to be entrusted with agency works from other Ministries mostly from the Ministry of Defenceof the order of Rs 9 crores annually for the first five years after 1974-75 and of the order of Rs 7 croresannually thereafter for the next five years. The Organisation has sufficient work in hand to maintain its23 Task Forces till 1974-75. Thereafter, a curtailment to a level of 17 Task Forces for the period 1975-80 and 11 to12 Task Forces for the period 1980-85 would become necessary unless in the meanwhiledevelopment works are allotted to the organisation in addition to agency works. The Committee alsotook note that the General staff require that 17 Task Forces with the minimum of 75% of their authorisedmachines and 34 Pioneer companies of this Organisation be maintained for augmenting the engineerelement of the Army in national emergencies. In this background the committee felt that minimumparameters necessary and relevant to the immediate problem facing the organisation, namely re-equipment of its machine potential and formulation of future works plans as also continuance of theorganisation itself on a long-term basis could be spelled out without much difficulty. It would obviously,be necessary to maintain a minimum potential of manpower and machines projected by the GeneralStaff to enable the Organisation to play the given role the national emergencies namely about 17 TaskForces and 34 Pioneer comanies with their equipment. It is equally obvious from the projection madeby the study Group of developmental roads and agency works that the Organisation could formulate itsworks Plans for the future on the assumption that it would have adequate work for the next decade tosustain itself at this level. Allocation of the funds required could be made outside the plan as well asthose which could be made available within the Plan. At this stage, 50% of the posts in the organisationcould be made permanent. A view regarding the future size and shape could be taken after therequirements of the Army had been scrutinised by the Ministry of Finance. In concrete terms, 12 TaskForces and 24 Pioneer companies could be made permanent, the details as to posts being settled inconsultation with Ministry of Finance.

The committee have, however, emphasised that in the process of re-equipping and re-organisingitself and the considerations of reduction in cost consistent itself and the consideration of reduction incost consistent with the need to fulfill its obligations to the Army must be kept in view This aspect hasbeen dealt with by the committee further in some detail while considering the general question ofallocation of additional work of a developmental nature to the Border Roads Organisation.

235

4. 2 Regarding the recommendations of the Study Group for formulation of an intergrated CentralScheme as such, of roads that need to be constructed for speedy development of border areas and forwhich State Governments are unable to provide funds in their Plans and further the suggestion of theGroup that this Central Scheme be entrusted to a Central agency like the Border Roads Organisationfor implementation, the Committee is of the view that the matter needs to be gone into further both viewthat the matter needs to be gone into futher both in regard to the quantification of the developmentworks by the Study Group as also form the point of view of reduction of construction cost of the BorderRoads Organisation. The Committee feels that, as a condition precedent to the allocation of additionalworks of a development nature to the Organisation, beyond the extent envisaged in the Precedingpara, its competitiveness vis-a-vis other agencies would need to be established. In this context, it wasnecessary as a first step to examine the extent to which the recommendations made by the CostCommittee could be implemented by the Organisation. The committee noted that, as a result of theproposals accepted by the Cost committee, the Organisation has already cut its budget provision formaintenance for the year 1972-73 to the extent of Rs. 1 crore. There has also been improvement in theutilisation of heavy machinery like tractors. The life of a tractor has been raised to 5,200 hours from4,000 hours through improved maintenance and was expected to go up further to 6.000 hours in thenear future. If this came about equalisation between the cost of executing works by machines and thecost of executing them by labour would be achieved on the basis of 1:3 pioneer labour ratio. TheCommittee, however, strongly feels that, while steps are to be taken to brings about a parity betweenthe cost of executing of works by machines and the cost of executing them by labour, it is essential atthe same time, not to over look the social objectives of the Government, an important plank in the policyof Government to give priority labour intensive techniques to maximise the potential of employment.The work methods of the organisation must, therefore, be employment oriented and in determining itsfuture size and shape ( for execution of the additional developmental works ) both need to reduce plantand machinery and the need to replace the content or casual labour should be kept in view. Theprojections of the Study Group, the Committee feels also need to be reviewed further. The presentprojection of the Study Group are based upon evaluation of the requirements of the situation obtainingon the eastern frontier prior to the recent happenings there and a second look would be necessary totake into account the requirements of the new situation. Such a review rnight well point to the constructionof a substantially higher kilometrage in order to open up the area and contribute to its development. TheCommittee has accepted the suggestion made by the Cabinet Secretary that quick studies should beundertaken further regarding the gaps in communications which would have to be filled both from thestrategic angle and from the point of view of development. The roads constructed by the Border RoadOrganisation should not be in isolation but should conform to the total development strategy. In thisreview, the initiative should come from the States themselves and the Planning Commission.

These observations and stipulations of the Committee, in brief, require that the determination ofprojections of the total additional work of a developmental nature that can be entrusted to the BorderRoads Organisation for execution would need to be processed further in consultation with the PlanningCommission and the Ministries concerned.

5. The recommendations of the Committee of Secretaries set out in Para 4. 1 and 4. 2 ante are forapproval of the Board.

xxxsdxxx(S.K. Chhibber)

Secretary,Border Roads Development Board

21.03.1972

236

Headquarters


Seema Sadak Bhawan


New Delhi-110 010


Hon’ble Defence Minister

Chairman,



VIOLATION OF GOVT. OF INDIA (TRANSACTION OF BUSINESS) RULE

1961 AND BRDB RULE OF BUSINESS IN THE APPOINTMENT OF DG, BRO

Sir,

I am writing to highlight the most urgent issue which needs your intervention to bring transparency

in the appointment of Director General, Border Roads Organisation.

2. It is brought to your notice that Secretariat BRDB has to initiate process of framing recruitment

rules for the post of DG, BRO as it is mandatory under Article 309 of the constitution and the Govt. of

India (Transaction of Business) Rules 1961. It is also clarified that Chairman BRDB or any Cabinet

Minister has no mandate to make appointment to a permanent post in a Central Govt. department

without the involvement of DoPT and UPSC.

3. The decisions of the Board regarding development of road infrastructure in border and other

areas are promulgated by the Secretariat BRDB headed by a Joint Secretary level officer, who has to

work under the direction of Chairman BRDB. As RRM is chairing the Board meetings at present,

therefore all case files initiated by Secretariat BRDB for the approval of RRM are routed through Additional

Secretary (B) Ministry of Defence. Sometimes files are also sent to the RM through Defence Secretary.

4. Secretary BRDB and Additional Secretary (B) and Defence Secretary dealing with the BRO are

well aware of the fact that there is no recruitment rule and selection criteria for the appointment of DG,

BRO and any appointment made on the basis of past illegal and unconstitutional practice violates

Govt.of India (Transaction of Business) rules 1961 and BRDB Rules of Business made by the Hon’ble

Prime Minister.

5. May I request you to kindly issue directions to Secretary Defence to take appropriate action to

237

make recruitment rules for the appointment of DG, BRO post to bring transparency in the functioning of

BRO.

Yours faithfully,

xxxsdxxx

(Dr VK Yadav) .

Addl DGBR



Copy to:-

Defence Secretary - The Administrative Ministry of BRO has issued a letter vide No BRDB/06/

Govt. of India 35/90/GE-1 dated 25 Aug 2010 stating manning policy in BRO with the

South Block approval of RM. According to Govt. of India (Transaction of Business)

New Delhi Rules 1961 and BRDB Rules of Business framed by the Hon’ble

Prime Minister and the Service Rules made under General Service

Rules (GSR) 868 dated 31 Oct 1988, the personnel policy with respect

to recruitment and appointment in the BRES Group ‘A’ service

required to be made under the provison of Article 309 of the

Constitution in consultation with DoPT, UPSC and the Ministry of

Law. It is not known in what capacity, administrative ministry of BRO

issuing personnel policy with the approval of RM without following

the legal and constitutional provisions. It seems that the officials dealing

with BRO are not bringing the facts about the service terms and

conditions, legal and constitutional provisions while processing such

cases for the approval of RM and such cases are required to be

analysed in totality before getting RM approval please.

Additional Secretary (B) - -do-

Ministry of Defence

South Block

New Delhi

Secretary BRDB - -do-

418, 4th Floor

Border Road Wing

Sena Bhawan

New Delhi

DGBR - For information please.

238

Annexure: VIII-E







iv) Proposal for Procurement of plant and machinery vehicles, stores, etc., involvingexpenditure exceeding Rs. 100 lakhs for each project .

v ) Creation of temporary posts in Class I Service or equivalent on a pay of Rs. 2 , 250/ -per month or above and appointment thereto .





b) Proposals for procurement of plant, machinery, vehicles, stores and other equipment ata cost not exceeding Rs. 100 lakhs per approved project.

c) Creation of temporary appointments in Class I Service or equivalent on a pay less thanRs. 2, 250/- per month.



5. The Secretary of the Board shall issue formal sanctions on behalf of the Ministry of Transportand Communications (Border Roads ) in respect of decisions taken in the above manner. Suchsanctions will, where necessary, be endorsed to the audit and accounts authoritites in the usual mannerby the Financial Adviser concerned.

6 The Director General, Border Roads, shall have the same administrative, financial and technicalpowers in relation to the sanctioned projects as are exercised by the Engineer-in-Chief, ArmyHeadquarters, under the Military engineering Services and connected regulations.


239

HeadquartersDte Gen Border RoadsSeema Sadak BhawanRing Road, Delhi CanttNew Delhi-110 010

07 Jun 201271011/DGBR/178/ADG Sectt

Secretary BRDB418, 4th FloorBorder Road Wing of MoRT&HSena BhawanNew Delhi

THE COLONIAL MINDSET OF OFFICERS DEALING WITH BRO NEEDSTO BE CHANGED TO ACHIEVE TRANSPARENCY AND EFFICIENCY

1. A copy of DO letter from Brig SK Ganguly, who happened to be the Chief Engineer ProjectVartak and later on DDG (Pers) in BRO, unfolds the mindset of Army officers occupying key posts inBRO.

2. The statement made in Para 2 (a), (b), (c) & (d) are totally misleading, false and misrepresentthe purpose for which BRDB was set up under the Chairmanship of Hon’ble Prime Minister and BROwas raised for development of road infrastructure in the Border areas under the administrative controlof Ministry of Surface Transport Border Roads Development Board. The facts about the role and goalof BRDB and its construction agency BRO can be verified from Annexure I to IV enclosed. NowhereGovt. of India has ever declared BRDB or BRO as a department of Indian Army under the administrativecontrol of Ministry of Defence.

3. Para 3 of the letter shows that service rules and regulations in BRO are being mended to usurpthe key appointments such as DGBR, DDG (Pers), DDG (TP), Director (Org) and Director (Pers)posts to keep a firm grip of Military regime and MoD.

4. Secretariat BRDB, Ministry of Surface Transport is requested to take appropriate action todefeat such mind set so that the department can achieve its defined role of developing roadcommunication in Border areas at faster pace with quality.


Copy to:-DGBR - BRO welcome every one who helps this organization in achieving its designed

role and goal. The colonial mindset needs to be handled with firm hand please.

All Chief Engineers The mindset needs to be changed to make this organisaqtion a world classProject ____ road building organization. The rumour and false propaganda about BRO shall

not be allowed to perpetuate as it affects the functioning of the Dept and themorale of its employees. Please educate people under your jurisdiction aboutthe true role and goal of this road building organization to speed up and completethe entrusted work in a time bound manner.

240

fczxsfM;j ,l ds xkaxqyh eq[;ky;

eq[; vfHk;Urk eq[; vfHk;Urk

Brig SK Ganguly orZd ifj;kstuk

Chief Engineer }kjk 99 ,- ih- vks-TELE : 21489 (CIV) Headquarters

2233 (Mil) Chief EngineerProject Vartak

1000/C/31/EIA C/o 99 APO19 Jan 94

1. Please refer to your DO letter No 71051/DGBR/ 77/ADG Sedtt dated 25 Nov 93.

2. At the outset I would like to highlight the following points, which you are

aware of :-

(a) As per Para 2 of Chapter I of BR Regulations, the administrative control of

BRO is placed under the Minlstry of Defence.

(b) Sometime in the late Sixties, once most roads in remote localities required

by the Army were constructed by the BRO, the disbandment of the Organisation

was on the cards. It was because of the insistence of the Army for an additional

17 Regiments (in case BRO was to be disbanded) to maintain these roads, that

permanent status to the BRO was accorded.

(c) As per Supreme Court verdict, BRO is an integral part of the Army.

(d) The BRO formations are placed directly under command of the Army

during operations.

(e) All GREF Officers, including the ADG, are employed within the Organisation

throughout their service career. Consequently they have comparatively less

interaction with the Army top brass.

3. Based on the above, it is but natural that the Defence Ministry would in no way

accept loosing control of the BRO. The only way that this can be achieved is by ensuring

that certain key posts in the BRO are occupied by the Army, even though the overall

representation of the Army as on today is just about 5% .

4. A Colonel Commandant of any Regiment in the Army is invariably a senior officer

of the same Regiment. However, his present status and position of influence is primarily

outside the Regiment and his contacts help in obtaining certain concessions/

considerations to the Regimental gentry from sources outside. Unfortunately, in the BRO,

the Addl DGBR in his present employment pattern will always remain inside the functional

241

gambit of the BRO and be integral to it. Such a situation has its limitation, as a person

inside the Department will face far more difficulties in obtaining concessions when compared

to an officer who is serving outside the Department. Rank and status-wise, it would be

beneficial to have the Colonel Commandant of any Regiment or Organisation as senior as

possible. The area of influence of an officer in uniform increases many fold with his seniority.

It is, therefore, considered that it would be in the interest of the BRO to have a service

officer as the Colonel Commandant, preferably of the rank of Lt Gen. Whether this officer

has had a tenure in the BRO, (though being beneficial ) would be secondary to his rank,

status and portfolio held for obvious reasons.

5. As brought out earlier, the Ministry of Defence can only exercise a firm grip on the

BRO, provided key posts are held by Army Officers. Such an exercise must have been

carried out indepth and the key posts of DGBR, DDG(TP) and DDG(Pers) identified. At the

Director level, however, whether Dir (Pers) or Dir (Org) should be an Army/BRES officer

can be debated, but is not considered relevant. Keeping the other posts of Directors in HQ

DGBR in mind, perhaps these two Directors posts does not call for that much of physical

experience in the BRO as GREF Officers have in comparison. However, from the functional

aspects, as will be appreciated, it would be obviously better to have Army Officers , whose

careers are still open, occupy the posts of Dir (Pers) and Dir (Org).

6. With regard to the point as to whether the Dte of Personnels should be placed

under the Addl DGBR, it is submitted that posting of junior officers are tackled by the DDG

(Pers) at his level. It is the posting of relatively senior officers, CEs and TF Cdrs that are

looked into and approved by the DG himself. This system obviously has to continue. If need

be, the Dte of Personnel could route such notings through the Addl DG for his comments

specially on GREF Officers as he would have a better knowledge of these officers. However,

this would cause some delay. This apart , no useful purpose will perhaps be served by

placing the Dte of Pers under the Addl DG, whose load consequently would increase

substantially.

Shri SN Mane, VSM

Additional Director General

Border Roads

HQ DGBR

Kashmir House

DHQ PO NEW DELHI-110 011

242

Unstarred question No.6002 by Hon’ble Dayaram Shakya, M.P. on 1.4.81 in the Lok

Sabha and the reply by the Hon'ble Minister of State, Defence quoted below:-

QUESTIONS

Will the Minister of Defence be pleased to state:-

(a) Whether civilian employees serving with Border Roads Development Organisation and

G.R.E.F. are under administrative control of Ministry of Defence. and

(b) If so, the reasons why these employees are not brought at par with their counterparts

serving with MES, EME etc. as regards their terms of conditions of service?

ANSWER

I, Shri Shivraj V. Patil, the Minister of State, Defence:-

(a) No. Sir, They are under the administrative control of Border Roads Development Board

which independently exercises the powers of a Government Department.

(b) Does not arise.

243

ANNEXURE P- 1

Page 1 of 5

DCC No. CD-273/CO

CABINET SECRETARIAT


Subject:- Development of Roads in the Border Areas. 14-3-1960

Government have been considering for ·some time past the steps to be taken to accelerate the

economic development of the north and North-eastern border areas of Jammu & Kashmir, Punjab,






and economical and expeditious execution, the President has been pleased to sanction the setting up



time to time be nominated by the Prime Minister. The official member of the Board shall not be entitled


the Ministry of Finance (Department of Expenditure) O.M. No. F6(26)/SJV/59 dated the 5111 September


3. The functions of the Board will be broadly as follows :-

(a) It will be responsible for laying down the policy in respect of Border communications,

prescribe priorities and specifications and ensure that projects are planned and executed expeditiously

in accordance with those priorities. It may also take up developmental roads and Civil works pertaining

to Hydel Projects, Dams, Irrigation projects, Buildings etc. in the areas of its normal operation.


implementation of ·projects by them, coordinates their work and requirements of men and material and

arrange for their procurement.




244





be promulgated by the Secretariat of the Board which will be given ex-officio Communications





projects will be dealt with separately. The Boards shall transact its business in accordance with the

rules to be made by the Prime Minister.


have been allotted, the individual agencies concerned will carry out the work within the scope of the














xxxsdxxx

(Vishnu Sahay)

Secretary to the Cabinet

14-3-1060

245


NO. BRDB/S/(4)/60

GOVERNMENT OF INDIA




OFFICE MEMORANDUM

SUBJECT :- BORDER ROADS DEVELOPMENT BOARD.


economic development of the North and North eastern Border Area of the Jammu & Kashmir, Uttar


and inadequate communications. The immediate development of these partly by improving the existing




2. The Prime Minister is the Chairman of this Board and Shri V.K. Krishnan Menon, Minister for








officio Joint Secretary of the Government of India will be responsible for dealing with such matters as

are required to be referred to the Board and for issue of sanctions on behalf of Ministry of Road Transport

Government of India. Apart from the Secretariat of the Board, General Reserve Engineer Force (GREF)

a technical organization headed by Director General Border Roads, has been created with headquarters

at New Delhi. He is directly responsible for execution of road projects in the forward areas, coordination

in all technical matters and progressing of projects included in the programme and entrusted to GREF.

He will deal with any request for assistance in procurement of stores and equipment and problems

connected with manpower. He will also be responsible for scrutiny of all estimates before they are put

up to the Board.

246


(Ministry of Transport Estimates) and suitable arrangements are being made to earmark the amount

needed for the projects.

5. The Board has held a number of meetings and has approved a programme of road

construction. The road scheme included in the programme, the agency responsible for construction

and the dates by which construction should be completed are indicated in state wise statement

attached (Enclosure II).








7. With the constitution of the Board and setting up of a Board Secretariat, the work connected



however, the Chief Engineers may address directly to the Director General Border Roads.

xxxsdxxx

S.K. Mukherjee

Secretary


19.8.1960

To,

The Chief Secretary to the Government of Jammu & Kashmir, Sri nagar


The Chief Secretary to the Government of Uttar Pradesh, Lucknow


The Chief Secretary to the Government of Assam, Shillong and

The Adviser to the Governor of Assam (Shri N. K. Rustomji)

247

No.F.4 (29)/BRDB/60

Govt of India


Border Roads Development Board New Delhi, the 16 Jun 1960

To


Border Roads

New Delhi

Sir,

I am directed to convey this sanction of the President to the raising and maintenance of aGeneral Reserve Engineer Force for the construction of Roads in the Border areas and such othertasks, as may be entrusted to it by the Border Roads Development Board. The Force will be composedof various units covering essential elements for the proper performance of tasks to be executed by it.

2. The members of the Forces will consist of:-

a) Personnel directly recruited thereto

and (b) Personnel on deputation from Central Ministries, state Govt, Local Bodies and Corporations

3. The force will be under the overall command of the Director General Border Roads, underwhom will be regional Chief Engineers/Independant Deputy Chief Engineers, whom will, exercisecommand over the units of the Force placed under their control.

4. Govt sanction for the organization and composition of the Force, as well as the terms andconditions of services of members thereof, will be issued separately.

5. The expenditure involved will be debited to the head of account to which the consortia projectson which the Force is employed, is debatable.

6. Further administrative instructions may be issued.

Yours faithfully xx Sd xx(SK Mukherjee)SecretaryBorder Roads Development Board


Ministry of Finance (Defence) (10 copies) with reference to their U.O No. BRS/199/dated June,1960 for Communication to Director of Audit, Defence Services, and Controller General of DefenceAccounts and controllers of Defence Accounts concerned.

Ministry of Defence

Ministry of Transport and Communications


248

Copy to:-


Chief of the General Staff (SD 2)

The Adjutant General (AG Coord) (AG/Org 7/ASO)


The Master General of Ordnance (MG/C)

The Military Secretary (MS Coord)



The Director of Medical Services (DM5-3)

The Deputy Financial Adviser (GS)

The Deputy Financial Adviser (AG)

The Deputy Financial Adviser (O)

The Deputy Financial Adviser (W)

The Deputy Financial Adviser (Q)

The Deputy Financial Adviser (B)

249







iv) Proposal for Procurement of plant and machinery, vehicles, stores, etc., involvingexpenditure exceeding Rs. 100 lakhs for each project .

v ) Creation of temporary posts in Class I Service or equivalent on a pay of Rs. 2,250/ - permonth or above and appointment thereto .





b) Proposals for procurement of plant, machinery, vehicles, stores and other equipment ata cost not exceeding Rs. 100 lakhs per approved project.

c) Creation of temporary appointments in Class I Service or equivalent on a pay less thanRs. 2, 250/- per month.



5. The Secretary of the Board shall issue formal sanctions on behalf of the Ministry of Transportand Communications (Border Roads ) in respect of decisions taken in the above manner Such sanctionswill where necessary, be endorsed to the audit and accounts authoritites in the usual manner by theFinancial Adviser concerned.

6 The Director General, Border Roads, shall have the same administrative, financial and technicalpowers in relation to the sanctioned projects as are exercised by the Engineer-in-Chief, ArmyHeadquarters, under the Military Engineering Services and connected regulations.


250


MINUTES OF THE IST (1988) MEETING OF THE BORDER ROADS DEVELOPMENTBOARD HELD ON 22ND JUNE, 1988 AT 5.30 PM IN CONFERENCE ROOM NO. 102,

SOUTH BLOCK, NEW DELHI

Present:

In the chair :

1 Raksha Mantri - Vice Chairman,BRDBMembers

2. Raksha Rajya Mantri (D)

3. Minister of State forSurface Transport

4 . Secretary (C) - (representingCabinet Sectt. Cabinet Secretary

5 . Secretary,Ministry of Defence

6. Chief of Army Staff

7. Chief of Air Staff

8. Secretary,Ministry of Home Affairs

9. Financial Adviser(Defence Services)

10. Engineer-in-ChiefArmy Headquarters

11. Director General (Roads Development) &Additional Secretary,Ministry of Surface Transport

1 2. Secretary, BRDB

13. Director General Border Roads

251


ABSTRACT OF NOTE ON AGENDA ITEM NO .11

Subject: Amendment to Rules of Business of the Board

Transaction of business of the Board is carried on in accordance with the Rules of Business ofthe BRDB. These rules require amendments due to the following reasons:-

(i) Consequent to the revision of pay scales as a result of the Fourth Pay Commission’srecommendations, the pay limit of Rs. 2250/- per month mentioned in paras 2 (v) end 3(b) of the rules requires to be revised to Rs. 6700/- per month;

(ii) Consequent to the introduction of “Integrated" Financial Advice system in all Govt.departments, a reference to “Internal” Financial Advice system in para 7 of the rulesrequires deletion and

(iii) The words "Class-I" & Class-II " service require to be replaced, respectively, by “Group‘A’" & "Group 'B' " service.

2. The matter has been examined in consultation with the Financial Adviser (Defence ) and, asper details furnished in Annexure -XI, the Board has been requested to approve the rules of businessas amended in the light of the foregoing considerations.

Item No. 9 : Amendments to Rules of Business of the Board.

29. The Board noted that under its Rules of Business, the following powers are vested in theBoard, its Chairman and Secretary, BRDB for creation of posts and appointments thereto:-

(i) The Board has the powers for creation of temporary posts in Group ‘A’ service or equivalent’on a pay of Rs. 6700/- per month or above and appointments thereto (Rule 2(v))

(ii) The Chairman or under his supervision such member as he may nominate, inconcurrence with the Financial Adviser, has powers for creation of temporaryappointments in Group 'A’ service or equivalent on a pay less than Rs.6700/- per month(Rule 3 (b)) and

(iii) The powers to create posts in Group 'B’ and below in Sectt. BRDB and the Office ofthe Dte. General Border Roads are vested in Secretary, BRDB (Rule 4).

30. However, in terms of the Ministry of Finance (Deptt. of Expenditure) O.M. dated 3.10.1979, theposts under the Dte General Border Roads, being operational (non-plan) posts, can at present besanctioned with the concurrence of the FA(DS), followed by approvals of the Defence Secretary, Secretary(Expenditure), RM/Vice Chairman, BRDB and, finally, the Minister of State for Finance(Expenditure)/Finance Minister. The process of obtaining the approval of Secretary ( Expenditure) and the FinanceMinister normally takes more than a month's time. As the BRDB is entrusted with the attainment of itsoperational targets on a time-bound basis, any delay in the issue of final Govt, orders sanctioningadditional manpower needed by the Dte. General Border Roads results in making the achievement ofthese targets so much more difficult. Besides, insisting on the approval of Secretary (Expenditure) andthe Finance Minister also renders the powers delegated to the high powered Board chaired by P.M. forcreation of these new posts totally redundant.

31. The Board noted that the Ministry of Finance (Deptt. of Expenditure) to whom the matter hadbeen referred for relaxation of the provisions contained in its various O.Ms, for enabling the BRDB toexercise its powers for creation of posts without prior approvals of Secretary (Expenditure) and FinanceMlnister have however, not agreed to this suggestion, on the ground that the guidelines regardingcreation and filling up of posts contained in their Office Memoranda of 20.6.1984 and 20.5.1986 alreadylay down a liberal procedure for creation of posts and any further relaxation therein is not considerednecessary. Defence Secretary observed that the reasoning of the Finance Ministry was not fair since

252

(i) the roads constructed by the BRO out of non-plan' (GS)/'Plan’ (Agency) funds are, in no waydifferent from those constructed out of 'Plan' funds by other deptts/ agencies and the creation of postsrequired for the implementation of 'Plan’ schemes was already exempted from the purview of the 'ban'orders; and (ii ) Deptt’. of Expenditures decision affected the exercise of powers delegated to a high -powered Board’ chaired by the Prime Minister of which FA(DS) was also a member. On DefenceSecretary‘s suggestion, the Board agreed that the matter may be taken up again at a high-level with theDepartment of Expenditure and that Department be prevailed upon to relax the existing instructions, forenabling the BRDB to exercise its powers for creation of various categories of posts and appointmentsthereto without insisting on the clearance of the Deptt. of Expenditure

32 . The meeting concluded with a vote of thanks .

The number of employees on deputation to IRCC as on 31.3.1993 is 69 Officers and 3127subordinates. The country-wise break-up is given below:-

Countries Officers Subordinates

Libya/Iraq 61 3113

India 8 14

Total 69 31 27

IV. Improvement effected in the service conditions of GREF personnel:

It was reported to the Board in the last meeting that some cases filed by GREF personnel in theSupreme Court challenging the application of Army Act and Army Rules to that Force are pendingjudgment. It was also reported that the issue regarding recognition of GREF as a Para Military Forceand improvement of their service conditions were being examined separately. It was decided that theissue regarding improvement of service conditions of GREF personnel should be examinedindependently of the cases pending in the Supreme Court. Pursuant to this decision, various proposalsfor effecting improvements in terms and coditions of GREF Personnel were examined and some ofthem accepted. The proposals already accepted are mentioned at Annexure : XI-A . A few more proposalsin this behalf are under consideration in consultation with the Ministry of Finance (Defence/BR).

The comments of the various Ministries on the proposals for recognising GREF as a ParaMilitary Force have since been received. Ministry of External Affairs are of view that the acceptance ofthe proposal will have an unfavourable repercussion from the Government of Bhutan. (The ProjectDantak of the Border Road Organisation is located in Bhutan). Therefore, some other way may bedevised for taking care of the genuine difficulties faced by the Force. Ministry of Home Affairs haveexpressed the view that the duties and responsibilities entrusted to the GREF do not appear to be akinto those of Armed Forces of the Union. Therefore, it may not be possible to give the name of ParaMilitary Force/ Armed. Force of the Union to the GREF. All the same, as an organisation is termed asPara Military/Armed Force only by virtue of its duties and responsibilities, if the basic duties/responsibilitiesof GREF fulfilled all the characteristics of a Force meant for border duties/law and order duties, there isno need for formally declaring GREF as such. Ministry of Defence have stated that as the maintenanceof discipline is essential for the smooth functioning of GREF, it would be desirable to continue to haveit subject to the Army Act or a similar act. The present arrangement wherein the Force is subject partlyto the Army Act and partly to the Civil Service Conduct Rules does create confusion. It is felt that thesame rules should apply to GREF in regard to abridgement of fundamental rights in matters of formingtrade unions and communication to Press as are applicable to Army.

It is proposed to examine the matter further after the judgment of the Supreme Court in thepending cases is pronounced.

xxxsdxxx(R.N.De)Secretary, BRDB.

253



Secretary BRDB4th Floor, Sena BhawanBorder Roads Wing of MORT&HNew Delhi

STATUS OF GREF: NO AUTHENTICATED GOVT. ORDER EXISTSWHICH STIPULATE THAT GREF IS INTEGRAL PART OF INDIAN ARMY

AND UNDER MINISTRY OF DEFENCE

Refer Sectt BRDB letter No. F. 81 (1)/64-Estt/70463/DGBR/E2(T&C) dated 14 August 1985issued in view of Hon’ble Supreme Court verdict in the matter of R. Viswan Vs UOI (Refer Appendix‘A’).

2. The letter has no legal and constitutional validity as it has been issued without consulting DoPTand vetting by Ministry of Law, which is mandatory to give it the legal and statutory force as all policydecisions in respect of Civilian Central Govt. employees including the Department of GREF/BRO onthe strength of Ministry of Road Transport & Highways (Border Roads Development Board) can onlybe decided by the DoPT as BRDB and its instrumentalities have no mandate to decide the status ofGREF and its Civilian employees. Since the referred letter has been issued without any statutoryForce, it cannot become the statutory order and hence cannot said to be issued under the authority ofPresident of India.

3. The abstract of BRDB meet on the issue of GREF status and the comments of Ministry ofHome, External Affairs and Defence Ministry expressed in the Board meeting are enclosed in Appendix‘B’. In view of the above, you are requested to take up case with the DoPT to bring clarity andtransparency regarding Status of GREF and remove misconceptions that GREF has been made integralpart of Armed Forces under the administrative control of Ministry of Defence.


Copy to:

DDG (Pers) - For info and necessary action please.HQ DGBR

254

No.F.81(1)/G4-ESTT/70463/DGBR/E2A(T&C)

Government of India

Border Road Development Board

‘B’ Wing 4th Floor, Sena Bhawan

New Delhi-11, the 14th August, 1985

To,

The Director General Border roads

Kashmir House,

DHQ FO New Delhi-110011

Subject: Status of General Reserve Engineer Force

Sir,

The Matter regarding the status of General Reserve Engineer Force has been under

consideration of the Govt. for quite some time . This equation was considered by the Supreme

Court in the writ petition case of R. Viswan and others v/s Union of India and others. After

examination of all the aspects for this matter the Court came to the conclusion that GREF is

integral part of Armed Forces”, for the purpose of Article 33 of the Constitution of India.

2. Accordingly, the President is pleased to declare General Reserve Engineer Force to be

an integral part of Armed Forces of India. This issues in consultation with Ministry of law and

Judge Advovate General, Army Headquarters.

Yours faithfully

xxxsdxxx

(G.P. Mohanty)

Deputy Secretary to the Govt of india

255


71011/DGBRI f /ADG Sectt 11 Jun 2012

Secretariat BRDB418, 4th floorBorder Roads Wing of MORTHSena BhawanNew Delhi

ESTABLISHMENT OF TRAINING INSTITUTE FOR BRO

1. Further to my letter No 71011/DGBR/165/ADG Sectt dated 10 May 2012.

2. The establishment of BRO Training Institute is the utmost need of the hour to keep BRO officersand personnel apreast with the latest trend and technology in the field of construction.

3. It is on record that many BRO establishments, in spite of Govt. sanctions in the past, were notmade functional to continue the adhoc policy of borrowing Army officers against these establishmentsand accordingly Army officers from the Provost, Medical and Signal Corps of Army are posted on loanto BRO. The same mindset is again prevailing to deprive BRO of its genuinely needed training institute,sanctioned by the Cabinet.

4. In view of above, Administrative Ministry of BRO should take note of the prevailing situation andissue clear direction to establish BRO’s Training Institute in a time bound manner so that the perpetuationof adhocism in the functioning of BRO is stopped and BRO is made self-sufficient departmental roadconstruction agency to meet the role and goal visualised by the Govt. of India, Ministry of Road Transportand Highways, Border Road Development Board.


Copy to:

DGBR - Each and every Arm and Service in the Armed Forces has its own Training Institute. Apremier organization like BRO must have its own Training Institute. Realising the longterm role and goal of BRO, Cabinet has approved the Training Institute for BRO. Pleasedo not allow pitty personal interests and ego to come in the way and create hurdle inestablishing BRO training Institute.

DDG - for info(Pers)

256

PRESENTATION OF ADGBR TO PARLIAMENTARY SUBORDINATE

LEGISLATIVE COMMITTEE

Border Roads Engineering Service (BRES), a Central Civil Service Group ‘A’ was created in

1977 and declared an Organized Group ‘A’ Service in Apr 1978.

I am Border Roads Engineering Service (BRES) Cadre First Batch for which examination was

conducted by UPSC in 1977 and I was selected and joined in 1978.

In Recruitment Rules 1977, entry of Army officers are not mentioned but when BRES

(Amendment Rules 1977 published in 1988, entry of Army officers are mentioned.

Personnel policy issued by Central Govt. from time to time which is known as Manning Policy,

two letters issued by Secretary BRDB, whereas, these two letters are not issued by DOPT is empowered

to Transaction Rules. Thus the letters issued by Secretary BRDB are null and void as per DOPT

OM F.No.27/8/2007/EQ/SM II dated 23 Dec 2007 and 15 Feb 2010 refers.

In BRES Amendment Rules 1988 only rule 6 and schedule are amended since other terms and

conditions of same is unchanged in 1977 Recruitment Rules, Para 9 mention reservation for SC/ST

and other Classes. Due to this fake manning policy, reservation policy of Govt. is affected and

reduced the number of officers Group ‘A’ from SC, ST and other classes.

In Organized Group ‘A’ Service, all the promotional posts of STS and above are filled by promotion

only; Letter issued by DOPT OM No. I-policy issued from time to time by Central Govt. regarding

posting from Army is illegal and Army officer cannot become member of BRES Group ‘A’ Service

under Ministry of Road Transport & Highways (MoRTH).

Indian Defence Service of Engineers (IDSE) of Military Engineering Services (MES) under

Ministry of Defence, in their Recruitment Rules Army officers are not member of the service. Then

how Army Officers become the member of BRES service, which is under Ministry of Road Transport

& Highways.

Dated: 28 Jun 2012

(Dr VK Yadav)

xxxsdxxx

Addl DGBR


257

PRESENTATION ON BRESBY

Dr V K YADAV, VSM

ADDITIONAL DIR GEN BORDER ROADS

258

BRO WAS RAISED BASED UPON

CABINET SECTT PAPER 19 AUG 1960

WHICH SHOWS FROM THE VERY

BEGINNING BRO WAS ASSIGNED

MUCH BROADER ROLE NAMELY

ACCELERATION OF ECONOMIC

DEVELOPMENT OF BORDER STATES

WHICH WERE HANDICAPPED DUE

TO INADEQUATE COMMUNICATION

AND NATURAL CALAMITIES eg

EARTHQUAKE, AVALANCHES,

LANDSLIDES AND DISASTER

MANAGEMENT

259

• BORDER ROADS WAS NOT RAISED

MAINLY OR ONLY TO MEET THE

DEFENCE REQUIREMENT OF

ROAD IN LADAKH AND NEFA

• NO PROPOSAL WAS MADE FOR

MILITARISATION OF BRO

• DEFENCE PERSONNEL ARE TAKEN

ON LOAN (NOT ON DEPUTATION)

AND ARE CHARGED TO WORK @

Rs 12 LAC PER ANNUM (Rs 45 Crs

PER ANNUM)

260

LANDMARK CLARIFICATION• QUESTION NO. 6002 RAISED BY

HON’BLE MP SHRI DAYARAM SHUKLA

IN LOK SABHA ON 01 APR 1981

– WILL THE MINISTER OF DEFENCE BE

PLEASED TO STATE WHETHER

CIVILIAN EMPLOYEES SERVING

UNDER BRO ARE UNDER

ADMINISTRATIVE CONTROL OF

MOD

• ANSWER

– I, SHRI SHIVRAJ V PATIL, THE

MINISTER OF STATE FOR DEFENCE,

NO SIR, THEY ARE UNDER

ADMINISTRATIVE CONTROL OF

BRDB WHICH INDEPENDENTLY

EXERCISES THE POWER OF GOVT

DEPTT

261

• BORDER ROADS ENGINEERING

SERVICES WAS CREATED IN 1977

AND DECLARED ORGANISED

GROUP A SERVICE IN 1978 WHERE

NO MENTION WAS MADE OF

ARMY PERSONNEL

• ALL OFFICERS WILL COME FROM

UPSC EXAM OF “BRES” AND ALL

POSTS WILL BE FILLED BY

PROMOTION AND NOT BY

DEPUTATION OR NOT BY LOAN

262

• BRES AMDT RULE 1977 PROPOSED IN

1988 HAS INTRODUCED ENTRY OF

ARMY OFFICER AND RULE 6 SCHEDULE

ARE AMENDED

• SINCE OTHER TERMS AND CONDITIONS

OF SAME IS UNCHANGED OF 1977

RECRUITMENT RULE. PARA 9

MENTIONS RESERVATION FOR SC, ST &

OTHER CLASSES

• DUE TO THIS FAKE MANNING POLICY

AFTER 11 YEARS IN 1988 RESERVATION

POLICY OF GOVT IS AFFECTED AND

REDUCED THE NUMBER OF OFFICERS

FROM SC,ST & OBC CADRE

263

1977 RULE OF RECRUITMENT

– POST

– CE GRADE I 1 BY PROMOTION

– CE GRADE II 2 BY PROMOTION

– SE 27 BY PROMOTION• FAILING WHICH BY DEPUTATION

264

• RULE 1977 AMDT IN 1988– CE 18 BY PROMOTION/POSTING FROM ARMY

(NUMBER INCRESED DUE TO CADRE

REVIEW OF BRES OFFICERS

– SE 93 BY PROMOTION/POSTING FROM ARMY

(NUMBER INCRASED DUE TO CADRE

REVIEW OF BRES OFFICERS

– MANNING POLICY NOT APPROVED BY DOPT

– CE 50% BRIG 50% BRO

– SE 55% COL/ARMY 45% BRO

– EE 35% MAJOR 65% BRO

– AEE 20% CAPT 80% BRO

265

– OUR COMMENTS

• DEFENCE PERSONNEL ARE ON LOAN

• IF THEY HAVE NOT QUALIFIED

BORDER ROAD ENGINEERING

SERVICES HOW THIS MANNING

POLICY GRANTED 20% CAPT, 35%

MAJOR, 55 % COL & 50% BRIG

BLOCKING THE PROMOTION

PROSPECTS OF BRES OFFICER FOR

WHOM THE RULE OF RECTT WAS

PASSED BY TWO THIRD MAJORITY IN

RAJYA SABHA

266

• IN 1990, RECTT RULE FOR THE POST

OF ADDL DG WAS FRAMED. ALL

CHIEF ENGINEER AND ADGBR ARE

APPOINTED ON THE APPROVAL OF

‘ACC’

• THE BRIG OF ARMY IN BRO HOLDING

CHIEF ENGINEER POST IS NOT

APPROVED BY ‘ACC’

• WHERE IS THE RULE OF RECTT FOR

DG BORDER ROADS & WHY HE IS NOT

APPOINTED BY THE APPROVAL OF ‘

APPONITMENT COMMITTEE OF

CABINET’.

267

Headquarters


Seema Sadak Bhawan


New Delhi-110 010

71011/DGBR/186 /ADG Sectt 23 Jul 2012

The Secretary


418, Border Roads Wing of MoRTH

Sena Bhawan

New Delhi110 011

APPOINTMENT OF SURVEYOR CADRE OFFICERS IN THE CAPACITY OF DIRECTOR

AND DEPUTY DIRECTOR FROM THE MILITARY ENGINEER SERVICE OF MINISTRY OF

DEFENCE AGAINST THE BRES (CIVIL) CADRE POSTS OF BORDER ROADS

ORGANISATION UNDER THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYSBORDER ROADS DEVELOPMENT BOARD IN GROSS VIOLATION OF GOVT. OF INDIA

LETTER DATED 20 DECEMBER 2006, BRDB RULES OF BUSINESS MADE BY PRIME

MINISTER IN THE CAPACITY OF CHAIRMAN BRDB AND STATUTORY RECRUITMENT

RULES OF BRES (CIVIL) GROUP ‘A’ SERVICE PUBLISHED UNDER GSR 1554 DATED

20 SEP 1977.

1. Reference Transparency Officer letter No 71011/DGBR/185/ADG Sectt dated 05 Jul 2012 and

HQ DGBR letter No. 13227/4/Engrs/DGBR/06/E1A dated 12 Jul 2012 (copy enclosed for ready

reference).

2. The issue of illegal deputation of MES Surveyor Cadre officers in BRES (Civil) cadre posts was

raised with the Sectt BRDB to take appropriate action so that the malpractices prevailing in the personnel

policy matters in the BRO can be stopped as stressed by the Hon’ble RM, Chairman BRDB in the last

meeting.

3. It is pertinent to mention here that lots of Director Level posts are lying vacant due to delay in

holding of DPC and on the other hand DGBR is pressurizing MES to send their officers due to increase

in work load. The advantage of increased vacancies at Director level posts should be given to the

BRES cadre officers so that their morale and efficiency is maintained.

4. The letter of DDG (Pers) HQ DGBR dated 12 Jul 2012 Para 4 shows that deputation of MES

officers against the vacancy of BRES (Civil) director level post is allocated to MES by the DGBR. It is

not known under what power DGBR is directly interacting with DDG (Pers) /E-in-C Branch for sending

MES surveyor cadre officers on deputation to BRO knowing fully that no such posts have been

sanctioned by the Cabinet Committee on Security (CCS) in the restructuring of BRO as communicated

in the BRDB Sectt letter dated 20 Dec 2006.

268

5. In case officers on deputation are required to be selected and posted, the proper procedure is

to invite applications from suitable officers through advertisement from various Govt. construction

departments like NHAI, MORTH, CPWD, Railways etc who are conversant with contracts related to

construction of Roads, Bridges and Tunnel works and having adequate knowledge of E-Tendering

procedures and FIDIC International Contracts and not resort to adhoc postings without approval and

concurrence of Cadre Controlling Authority, DoPT and UPSC. MES officers have only knowledge of

Building contracts in Cantonment areas and have no expertise in contracts related to Border Roads

i.e. construction of Roads, Bridges and Tunnels, E-Tendering procedures and FIDIC International

Contracts. BRO does not have Building Contracts; still MES officers are being illegally imported from

E-in-C’s Branch against BRES Cadre posts. An officer inducted through corrupt practices will

only aid in corruption at all levels and transparency is first casualty in such a scenario.

6. BRDB Sectt should not allow “Sub Chalta Hai” attitude in the matter of appointment and shall

immediately take action against the defaulters misusing their power and manipulating appointment in

gross violation of BRES Group ‘A’ Recruitment Rules 1977, Rule 6 (2). This rule states that in

exceptional cases, appointment against the BRES Group ‘A’ service may be made of persons of proven

competence in consultation with UPSC, if the capabilities, experience possessed by such person is

not available within the ranks of the service of Border Roads Organisation.

7. Recently BRDB Sectt has cancelled appointment of Adm officers, MT Drivers, Vehicle Mechanics

and other trades because of certain irregularities found in the documents and selection process and

even issued charge sheets to officers involved in the act of omission and commission. However

the illegal appointment of MES officers taking place in the BRO with the blessings of DGBR is

neither being investigated nor cancelled. Inaction of the BRDB Sectt against unlawful act of

DGBR will send wrong signal and will negate the principle of equality envisaged in Article 16 of

the Constitution of India.

8. Since department has earmarked one Director (contract) post at each Project and BRES officers

have acquired the desired expertise in handling contract related matters, the posting of MES officers

against the vacancies of BRES (Civil) posts in an adhoc manner without consultation with Cadre

Controlling authorities and DoPT/UPSC is illegal and should be stopped forthwith.

9. In view of the above, it is requested to take necessary action to stop the illegal appointment of

MES officers and initiate action against the officials involved in the violation of Govt. Statutory Rules,

betraying the BRES cadre officers and showing scant respect for transparency in the functioning of

Border Roads Organisation.

xxxsdxxx

(Dr VK Yadav)

Encl : (18 sheets) Addl DGBR

Copy to …P/3

Copy to:-

Raksha Mantri - Sir, BRO does not need any outside cadre officers of Army or MES

Chairman BRDB to manage its affairs. Appointment of outside cadre officers, against

Govt. of India the BRES cadre post is discrimination of BRES officers who are

South Block New Delhi being denied their promotion by allocating vacancies to the outsiders

269

and delaying holding of Departmental Promotion Committees. You

are requested to direct Secretary BRDB, Dr Subhash Sharma, IAS

to take appropriate action to stop illegal appointment and initiate

action to hold the DPC of SE (Civil) and other posts pending with the

Secretariat BRDB. Sir, being cadre controlling authority of MES cadre,

you are also requested to direct E-in-C Branch/ MES not to depute

their officers to BRO merely on the personal request of DGBR as

he has no mandate to make appointment or ask other departments

to send their officers to BRO. Cadre review of BRES Civil cadre has

not been done since 1986. It is an irony that promotional post of

BRES Civil cadre are allowed to be filled by mutual discussion

between two Army officers in gross violation of Govt. established

Service Rules. Your intervention in the matter is requested please.

Cabinet Secretary - For information and necessary action in the matter please.

Govt. of India

North Block

New Delhi

Hon’ble Chairman UPSC - For information and necessary action in the matter please.

Dholpur House

New Delhi

Secretary DoPT - For information and necessary action in the matter please.

Govt. of India

North Block,

New Delhi

Secretary Defence - For information and necessary action in the matter please.

South Block

New Delhi

Secretary MoRT&H - For information and necessary action in the matter please.

Transport Bhavan

Sansad Marg

New Delhi

DG (Pers) - For information and necessary action in the matter please.

E-in-C’s Branch

HQ of MoD

Kashmir House

DHQ PO New Delhi

Shri BB Lal, CE - Please take appropriate action to bring transparency in the functioning

Transparency Officer of BRO.

HQ DGBR

270

13227/4/Engrs/DGBR/06/E1A 12 Jul 2012


(E1A)

POSTING MES OFFR TO GREF

1. Ref posting order No. 70001/SE (QS & C)/15/2012 dated 29 Jun 2012.

2. MES-186178 Shri Ashok K Gupta, SE (QS&C) was posted to HQ DGBR and taken on strength

wef 29 Jun 2009.. The offr has completed a period of 03 years at this HQ and stands posted to CE

Silliguri Zone vide above ref posting order.

3. As the offr is presently handling sensitive contract matters and it will take substantial time or the

new incumbent to understand same, the change over now will seriously affect the progress of works in

BRO.

4. It is pertinent to mention here that due to heavy work load on contracts, a case for two Directors

from MES has been taken up and case was discussed by DGBR with DDG (Pers)/E-in-C’s Branch.

5. It is, therefore, requested that posting of Shri Ashok K Gupta, SE (QS&C), may kindly be deferred

till 31 Aug 2012.

xx sd xx

(KKY Mahindrakar)

Chief Engineer

Dy Director General (Pers)

For Director General Border Roads

ADG (Pers)

Engineer-in-Chief’s Branch

Copy to:-

DG (Pers)

Engineer-in-Chief’s Branch

HQ DGBR/E8 Sec - for info please.

271

Headquarters


Seema Sadak Bhawan


New Delhi – 10

71011/DGBR/185/ADG Sectt 05 Jul 2012

Secretariat BRDB

Border Roads Wing of MoRT&H

4th floor, Sena Bhawan

New Delhi-110 011

ILLEGAL POSTING OF MES OFFICERS AGAINST THE VACANCIES

OF BRES (C) GROUP ‘A’ POST

1. Reference E-in-C’s Branch Posting Order No.70001/SE (QS&C)/15/2012 dated 29 Jun 2012

(copy enclosed).

2. It has been brought to my notice that two officers of the Surveyor Cadre of MES are being

posted from the E-in-C’s branch, HQ MES MoD on deputation basis. According to GSR 1554 dated 20

Sep 1977, recruitment rules of BRES Group ‘A’ post, the deputation against the BRES Group ‘A’ post

under rule 6 (2) is allowed under exceptional cases in consultation with UPSC only.

3. Since department has earmarked one Director, contract post at each Project and BRES officers

have acquired the desired expertise in handling contract related matters, therefore the posting of MES

officers against the vacancies of BRES (C) posts without the consultation of UPSC is illegal and

should not be allowed. Administrative Ministry is requested to take necessary action to stop this illegal

practice of posting MES officers by the E-in-C’s branch of IHQ (Army) forthwith.

xx sd xx

(Dr VK Yadav)

Addl DGBR

Transparency officer

DDG (Pers) - Please take necessary action to stop illegal way of posting MES officers against the

BRES Group ‘A’ posts. The officer dealing with the personnel policy and posting shall

be asked to explain the circumstances under which Statutory order is being violated

as such violation is misconduct on part of the officer under the conduct rule 1965 as

well as indiscipline under the provision of Army Act 1950. Action taken report may be

submitted at the earliest to bring transparency in the personnel policy related matters

in BRO.

272

Tele:-23019685Dte General Personnel/E1BEngineer-in-Chief’s BranchIntegrated HQ of MOD (Army)Kashmir House, Rajaji MargDHQ PO, New Delhi-110011

70001/SE (QS&C)/15/2012 29 Jun 2012

Chief Engineer

Southern Command, Pin-908541, C/o 56 APOEastern Command, Pin-908542, C/o 99 APOWestern Command, Pin-908543, C/o 56 APOCentral Command, Pin-908544, C/o 56 APONorthern Command, Pin-908545, C/o 56 APOSouth Western Command, Pin 908546, C/o 56 APOAndaman & Nicobar Command, Port Blair-744102

HQ DGBR, New DelhiASG (OF & DRDO) SecundrabadE-in-C’s Branch/E Coord –IHQ DG MAP

POSTING: SUPERINTENDING ENGINEERS (QS&C)

1. The following posting are hereby ordered:-

S.No MES No, name & From To RemarksGrade

(a) MES-421276 Sh HQ DG MAP CE (AF) Udhampur On reliefNK Singh ZoneSE (QS&C) as Dir (Contract)

(b) MES-405368 Sh CE Jaipur Zone CE Bhopal Zone ForthwithBR Gadhre as Dir (Contract)(QS&C)

(c) MES-602041 Sh E-in-C’s Branch CE Udhampur Zone ForthwithKS Sampat Kumar as Dir (Contract)(QS&C)

(d) MES-123988 Sh CE (Navy) Mumbai Zone CE (Fy) Hyderabad ForthwithSV Mane (QS&C) Zone

as Dir (Contract)

(e) MES-186170 Sh CE Udampur Zone HQ DG MAP On reliefSK Grover (QS&C) as Dir (Contract)

(f) MES-405367 Sh CE (AF) Bangalore Zone E-in-C’s Branch On reliefMakhijani, (QS&C) as Dir (Contract)

(g) MES-189647 Sh CE (FY) Hyderabad Zone CE Chennai Zone On reliefS Venkateswara Rao, as Dir (Contract)(QS&C)

273

(h) MES-439090 Sh CE (AF)WAC Palam Zone CE Jaipur Zone On reliefVK Gupta, (QS&C) as Dir (Contract)

(j) MES-488088 Sh CE Bhopal Zone CE (AF)WAC Palam On reliefSK Gupta SE Zone(QS&C) as Dir (Contract)

(k) MES-1861152 ShBC Chauhan Zona CE Jalandhar Zone HQ CE Northern On reliefSE (QS&C) Command

as Dir (Contract)

(l) MES-186178 Sh HQ DGBR, Delhi CE Sillguri Zone On reliefAK GuptaSE as Dir (Contract)(QS&C)

(m) MES-405400 Sh CE Sillguri Zone ADG (OF & DRDO) On reliefShagrathi Pani SecunderabadasSE (QS&C) Dir (Contract)

COMPASSIONATE GROUND POSTING

(n) MES-439601Sh Rakesh Kuret, CE Chennai Zone HQ DGBR, Delhi ForthwithSE (QS&C) as Dir (Contract) to move on

without TA/DA

(o) MES-300263 Sh CE Northern Command CE (AF) Bangalore ForthwithJK Khurana, Zone to move onSE (QS&C) asDir (Contract) without TA/DA

Auth: MoD ID No.28(1)2010/D (Works-II) dt 28 Jun 2012.

2. Departure/arrival of the offrs will be reported to this HQ (E1B, MIS ADP)by sig/telex by therelieving/receiving units on the day of their SOS/TOS.

3. ACR of the officers will be initiated soon after their SOS date, if they have completed threemonths or more in the current ACR year under any reporting officer.

4. Move of the officers will be implemented and completed by 25 Jul 2012.

xx sd xx(Monish Dass)ColDir Pers (M)For Engineer-in-Chief

Copy to:-

CE (AF) Udampur Zone, CE Jaipur Zone, CE Bhopal Zone, CE Udhampur Zone, CE (Navy) MumbaiZone, CE (Fy) Hyderabad Zone, CE (AF) Bangalore Zone, CE Chennai Zone, CE (AF) WAD PalamZone, CE (Jalandhar Zone, CE Sillguri Zone and CRO (O) C/O CE Delhi Cantt

Internal:-

Min of Def (D/Wks-II), TS to E-in-C, TS to DG (Pers), TS to DGW, Jt DG (D&V), DDG Pers (m) Jt DG(Contract), MIS ADP, MIS (Civ), MS-12, E1A Coord-1, E1B cadre, IDSE Association Master folder andcase file.

274

Insp Cell WBW

Government of India

Ministry of Shipping, Road Transport & Highways


‘B’ wing 4th Floor

Sena Bhawan New delhi-110011

No.BRDB.08/1182008 GE5 Dated , the 20th December 2006

To,


Seema Sadak Bhawan

Ring Road Delhi Cantt

New Delhi110010

Subject:- Sanction of Posts in Border Roads Organisation

Sir,

1 Consequent upon approval accorded by the Cabinet Committee on Security authorizing a

strength of 42646 personnel to Border Road Organization in accordance with the manpower strength

level of 2002 , along with restraining of the organization, and in supersession of all the earlier order

issued in that regard, I am directed to convey the sanction of the President of India for restructuring

of the organization and restoring the strength in the Boarder Road Organization to 42646 as an upper

ceiling details of manpower authorized for units formations in the revamped organization are indicated

in Appendix ‘A’

2 Sanction for inducting 5701 personnel in a phased manner is also the three year manpower

induction plan beginning from current financial year will be as indicated at Appendix ’B’.

3 Sanction for exampting the Border Roads Organization from the ambit of guideline issued vide

Department of Personnel & Training ( Office Memorandum Nos 2/8/200-PIC dated 16th ay 2001 and

dated 6th/18th June 2002 is also hereby accorded.

4. The expenditure involved will be debited to (i) Major Head 3451, Demand No.85 Revenue (II)

Major Head 5054: 03:00:53 Capital Outlay on Road & Bridges Sub Major Head Strength and Border

Roads Minor Head 02. 337 Roads works 03 works under BRDB 03.00.53- Major Works Ground

Establishment.

5. This issued with the concurrence of Ministry of Defence (Fin/BR) vide their ID No. 1(03/BRS/

2006(2308/06) dated 14th Dec 2006.

Yours faithfully

xxxsdxxx

S.K. Sharma)

(Under Secretary of the Govt. of India)

275

TRADE WISE SUMMARY OF REVAMPED ORGANISATION

1 1 16 1 16 33 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

1 Lt Gen 1

2 ADG BR 1 1

3 CE (Civ)/Brig 5 2 10 1 1 1 1 1

4 Col (Engr)/SE (Civ) 17 2 84 4 33 1 3 2 4 1

5 Lt Col (Engr)/SE (Civ) 6 1 2 1 3

6 Major (Engr)/EE (Civ) 27 3 80 10 60 2 2 3 2 6 4

7 Capt (Engr)/AEE (Civ) 14 80 12 132 3 1 2 4 2

8 AE (Civ)/AO 33 1

9 CE (E&M) 1

10 Brig (EME) 1

11 Col (EME)/CE (E&M) 3 1 10 1 2

12 LT Col (EME) 1 1 1

13 Maj (EME) 2 2 1 2 1 2 2

14 EE (E&M) 8 1 1 2 1 2 1 6 6

15 Capt (EME) 1 1

16 AEE (E&M) 2 2 1 2 2

17 AE (E&M)

18 Dir (Admin) 1 1

19 Col (ASC) 1

20 Lt Col (Engr)/ASC) 2 1

21 JD (Admn) 3 10

22 Maj (Engr/ASC) 4 1 1

23 SAO 3 1 8 1 33 1 1 2 1 3 1

24 Capt (Engr/ASC) 1 2 1

25 AO 0 8 4 1

26 AAO 18 3 1 1

27 Brig (Mod) 1 1 1

28 Dy CMO(SG) 8

29 Dy CMO 8

30 Maj (Mod) 1 8 11 1

31 MO-I 1 12

32 MO-II

33 Capt (Mod) 1 1 1

34 Capt (ADC)

35 Col (Sig) 1

36 Maj (Pnr)

37 Capt (Pnr)

38 Capt (APS)

39 Capt (Pro)

40 Capt (Sig) 1 10 1

41 CDM 1 1

42 Sr Pvt Secy 1 1 1 1

43 Pvt Secy 1 2 10 1 1

44 Hindi Offr 1 1 1

Trg

Inst

. De

lhi

CategorySr.

No HQ

DG

BR

AD

G S

ect

t

HQ

CE

Pro

ject

s

Ro

hta

ng

Tn

l

Sig

Se

c (f

)

BR

TF

BR

/TF

ST

F (

Hir

ak)

GR

EF C

en

tre

GR

EF

Re

cord

Trg

sch

oo

l

R&

D E

stt

(BR

O)

RR

T

Se

ctt

BR

DB

insp

Ce

ll B

RD

B

RT

W

RT

E

RT

C

EBW

WB

W

En

sp C

ell

ES

W

Insp

Ce

ll W

BW

276

Total 110 13 330 30 10 330 12 9 28 0 17 23 12 0 0 0 0 0 0 16 15 0 0

1 Hindi Translator 3 10 33 1 1 2 2 1 1 1

Office Supdt 21 1 10 1 33 1 1 3 2 1 1 1 1 1

Sr Hindi Translator 1 1 1

Supdt Stores 4 10 1 1 1 1 2 1

Steno 20 3 18 3 1 2 1 1

Supdt E&M-I 12 18 5 33 2 1 1 3 3 1 1 7 5 1 1

Supdt NT 1 18 33 1 1 2 1 1

Supdt BR-I 60 2 112 12 204 6 3 3 0 3 3 1 2 1 1 1

Total 110 6 200 22 0 306 10 8 13 5 19 7 5 4 0 2 1 1 1 11 8 1 1

Asst Cgmn Ops (Sig) 33

Asst Cgmn (Sig) 32

Asst 8 48 1 66 2 2 3 12 1 1 1 2 2

Asst flo Supdt

Blood Transfusion Asst

Ch Elec 1 1 1 1 8 6

Ch Mech 1 4 10 1 3 120 100 3 3

Chargeman Sigs 1 32 1

Dfmn C-I 8 32 3 33 1 2 2

Dfmn C-II 8 2 1

Dfmn M-I 1

Dfmn M-II 1

Dvr MT 26 0 100 20 32 106 84 6 12 10 0 1 6 6

Dvr RR 10 1 5

CategorySr.

No HQ

DG

BR

AD

G S

ect

t

HQ

CE

Pro

ject

s

Ro

hta

ng

Tn

l

Sig

Se

c (f

)

BR

TF

BR

/TF

ST

F (

Hir

ak)

GR

EF C

en

tre

GR

EF

Re

cord

Trg

sch

oo

l

R&

D E

stt

(BR

O)

RR

T

Se

ctt

BR

DB

Insp

Ce

ll B

RD

B

RT

W

RT

E

RT

C

EBW

WB

W

En

sp C

ell

ES

W

Insp

Ce

ll W

BW

277

Dte Gen Border RoadsSeema Sadak BhawanRing Road, Delhi CanttNew Delhi-110 010

71011/DGBR/ 188 /ADG Sectt 27 Jul 2012

SecretaryBorder Roads Development Board418, Border Roads Wing of MoRT&HSena BhawanNew Delhi-110 011

ILLEGAL APPOINTMENT OF DG, BORDER ROADS UNDER BRDB, MINISTRY OF ROADSTRANSPORT & HIGHWAYS WITHOUT RECRUITMENT RULES WITHOUT APPROVALOF APPOINTMENT COMMITTEE OF CABINET, WITHOUT UPSC & DOPTCONSULTATION, WITHOUT INITIATION OF ANNEXURE-I PROFORMA FOR REFERRINGPROPOSALS FOR PROMOTION TO UPSC

Sir,

1. All the promotion posts of Border Roads Engineering Services (BRES) Group ‘A’ are madefrom AEE to EE, EE to SE, SE to CE and CE to Addl DG as per Recruitment Rules approved underarticle 309 GSR 1554 of 1977 and GSR 868 of 1988 and their promotion is made as per initiation ofProforma for preparing proposals for promotion to UPSC/Departmental Promotion Committee (DPC)(Annexure-I) and Check List for Promotion Cases (Appendix ‘K’).

2. In the case of promotion/appointment for the post of DG Border Roads (DGBR), all theprocedures laid down in the BRDB Business Rules and Annexure I to the First Schedule – AppointmentsRequiring the Approval of the Appointments Committee of the Cabinet are being violated as listedbelow:-

Violation 1: There is no reference made to UPSC by Secretary BRDB/Secretary MoRT&H who isCadre Controlling Authority of Border Roads Engineering Services. Military Secretariat has no mandateto post Army Officer (Lt General) to the post of DGBR under Ministry of Road Transport & Highwayswithout approval of Cadre Controlling Authority and concurrence of UPSC/DoPT.

Violation 2: No Seniority List is made of officers amongst whom one of them will become DGBR norany Search Committee suggested names for selection.

Violation 3: No educational qualification and experience mentioned whether Civil Engineer or MechanicalEngineer or only Army officer will be considered for the appointment of DGBR. Even in Army forpromotion to the posts of Engineer-in-Chief and the DG (MO), DG (Ordnance), DG (Defence Estate),DG (Coast Guard) and DG (Survey of India), ACC approval has been taken by MoD.

Violation 4: The power to approve inter-cadre-deputation/transfer of an officer of any service wouldrequire ACC approval (Refer BRDB/10/1238/2010/GE-I dated 01 Apr 2011).

Violation 5: No approval of Appointment Committee of Cabinet is obtained to appoint DGBR, who is inthe HAG pay scale of Rs. 67000-79000 whereas ACC approval is obtained for the posts of ChiefEngineer and Addl DGBR posts in BRO. Refer BRDB/10/1238/2010/GE-I dated 01 April 2011, whichstates “The power of appointment by promotion/transfer on deputation/direct recruitment toposts wherein the salary or the maximum of the scale is Rs 6700/- (pre-revised) per month or

278

more would continue to require ACC approval”

3. In case Recruitment Rules are not made for any post, the DoPT OM No. 28036/8/87-Estt (D)dated 30 Mar 1988 (Copy enclosed) very clearly clarified the issue vide Para 2(i) under Heading “Absenceof Recruitment Rules” quoted below:-

“If there is overriding compulsions for filling any Group A or Group B post in the absence of RecruitmentRules, then they may make a reference to the Union Public Service Commission (UPSC) for decidingthe mode of recruitment to that post………….Therefore, no appointment may be made to any post onan adhoc basis on the ground that no Recruitment Rules exist for the same.”

4. The Army has usurped Civilian Group ‘A’ post of DGBR under BRDB, Ministry of Road Transportand Highways flouting all norms and procedures. It is therefore requested to stop adhocappointment to the post of DGBR, initiate case for framing Recruitment Rules for the post ofDGBR at the earliest in consultation with UPSC/DoPT and also follow procedure laid down forpromotion to the post accordingly.

Yours faithfully,

xxxsdxxx(Dr VK Yadav)

Encl : As above Addl DGBR

Copy to:-

Cabinet Secretary - For information and necessary action please.Govt of India NorthBlock New Delhi

Chairman UPSC - For information and necessary action please.Dholpur HouseNew Delhi

Secretary DoPT - For information and necessary action please.Govt. of IndiaNorth Block New Delhi

Secretary MoRT&H - For information and necessary action please.Transport BhavanSansad MargNew Delhi

Secretary - For information and necessary action please.Ministry of DefenceSouth Block New Delhi

Joint Secretarty (G) - For information and necessary action please.Ministry of DefenceSouth Block New Delhi

Shri BB Lal, CE - For information and necessary action please.Transparency OfficerHQ DGBR

279

PROFORMA·BAnnexure 0 I(Para 4.2.1)

Proforma for referring proposals for promotion to Union Public Service CommissionBack to Introduction Page

Back to Proforma Index

1. Name of Ministry/Department/ Office: BRDB, Ministry of Road Transport & Highways

2. Names and designation of members ofthe Departmental Promotion Committee

(copy of the orders constituting the DPC tobe attached)

Name Designation Office Tele No.

Chariman UPSC 2 3 4

Secy Defance, Secy MoRTH

3 Grade or post towhich promotion is tobe made : DGBR

Designation Classifcation Scale No.of Total No. of Posts No of regular Total

of Posts filled on ad-hoc basis vacancies falling in

in the promotion quota

grade

filled/

unfilled

Pmt. Temp Totel Existing Anticipated

for current

year panel

only

DGBR 67000-79000 1 1

4. Year-wise break up of the number of regular vacancies indicated in column 7of item 3

Year General SC ST Total

5. Recruitment Rules for the grade/post: DGBR

a Date on which the Recruitment Rules were notified in the NoT ‘(ET F RAMs}) . Not Yet framed

Gazette of India and UPSC reference under which they

were approved.

b Method of recruitment prescribed: NIL

i %direct recruitment

ii % Promotion

iii %deputation/transfer

c Whether an up-to-date copy of the recruitment rules has been enclosed. NO

This should invariably be sent for reference). If any changes in the recruitment rules have beenagreed to by the Commission after they were notified. details should be attached.

If, after the approval of the recruitment rules any other post has been created which should normallybe included inthe field oforomotion. aive details.

6 Grade or posts from which promotion isto be made

Designation Classification Scale of Pay Service prescribed for

eligibility for promotion.

Addl DGBR 'A' 67000-79000 BRES Civil Cadre

7 UPSC reference No. under which promotion tothe grade/post waslast considered.

8 Seniority List

a Whether the seniority list as in the prescribed proforma (attached)has been enclosed. If there are more than one feeder grade,enclose separate seniority lists for each grade together withcombined Seniority list.

NIL

NIL

NIL

280

b Whether all eligible officers including those belonging to SC/STand those on deputation etc. are included and whether thosebelonging to SC/ST and those who are on deputation are clearlyindicated in the Seniority List.

c Whether the list, before finalisation was circulated to allconcerned.

d Whether there are any officers whose Seniority has not beenfinalised. If so, give details.

e Whether the seniority list has been duly authenticated by anofficer not below the rank of Under Secretary to the Govt. of India.

f Whether the list has undergone any changes hence it was lastplaced before the DPC. If so, five details ( in the Proformaattached).

9 An eligibility list showing separately officers who are eligible for different years for which theSelect List is to be prepared should be drawn up and enclosed. The eliqibility list for past yearsshould be drawn up as on the 31st December of the year for which the panel is drawn. In caseswhere there are more than one feeder grade for which no specific quota have been earmarked, acommon eligibility list should be forwarded. NA

10 Character Rolls NA

Complete and uptodate character rolls of all the eligible officersare required.

a Whether a list ( in duplicate) has been attached showing thenames of officers whose character rolls are enclosed with thisreference?

b Are the character rolls complete and up-to-date? (Character rollsshould be sent only after they have been completed).

11 Integrity Certificate:

a Whether an Integrity Certificate in terms of the instructionscontained in DOP&T OM No.1/9171-Estt(D), dated 22.1.1972has been enclosed

b Whether there are any officers against whom vigilance proceedingsare either pending or contemplated, if so please indicate theirnames. (If the space is insufficient please attached separatesheet).

12 Self contained note for the DPC

Whether a self-contained note for the DPC explaining the proposals for promotion, has beenenclosed.

13 Check List

Whether a check list interms of the DOPT & OM No.22011/6/86-Estt(D), dated 30.5.1986, hasbeen enclosed.

Signature_____________________

Designation___________________

Date_________________________

Back toTop

NIL

NIL

NIL

NIL

NIL

NIL

NIL

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Appendix K

CHECK-LIST FOR PROMOTION CASES OF DGBR

[Reference:Annexure-1II to DoP&T Office

Memorandum No.22011/5/86-Estt(D)

dated 10.4.1989]

Back to Introduction Page

Back to Proforma Index

1. COMPLETION CERTIFICATE Yes

Whether certificate from the designated officer (Joint Secretary/ Additional Secretary orequivalent) that the proposal is complete as per DoP&T Check-List has been enclosed.

2. RECRUITMENT RULES

(a) Whether already notified. No

(b) Whether up-to-date, complete and legible copy enclosed. No

(c) Whether rules are applicable on the date of occurrence of vacancy. Yes

(d) Does it provide for promotion on selection basis. Yes

(e) Whether promotion is from Group B to Group A . No

(f) Whether promotion within Group A . Yes

(g) Whether RRs provide association of UPSC with DPC. Yes DOPT

(h) Has the Ministry/Department reviewed the Recruitment Rules which are in force formore than five years as required by the instructions of the DoP&T O.M.No.AB-14017/12/87-Estt(RR) dated 18.3.1988 read with O.M.No.AB-14017/2197-Estt(RR) dated25.5.98

(i) In the review of the Recruitment Rules requires amendments, whether the amendmentshave been notified as per the procedures (copy ofthe notification to be enclosed).

3. RELAXATION

(a) Whether any relaxation involved. No

(b) If so, whether DoP&T consulted and a copy of notes/correspondence exchanged withDoP&T enclosed. NA Not Consulted

4. DPC PROFORMA

(a) Whether proforma for referring DPC proposals to the UPSC as annexed to the DoP&TOffice Memorandum No.22011/5/86-Estt(D) dated 10.4.1989 enclosed. No

(b) Whether signed by competent officer. No

(c) Whether all columns filled properly. No

(d) Whether composition of DPC indicated in proforma is as prescribed in the RRs/administrative orders issued by the Department (copy of order, if applicable, to beenclosed). Yes, Chariman UPAC, Def Secy, Secy MoRTH

5. SENIORITY LIST

(a) Whether complete and up-to-date seniority list of officers in the feeder grade furnished

282

in the proforma as prescribed by the DoP&T Office Memorandum No.22011/5/86-Estt(D)dated 10.4.1989. No

(b) Whether separate seniority lists/combined seniority list of all feeder grades furnished(in case more than one feeder grades exist). No

(c) Whether all the officers who were in position as on the crucial date (including those whohave since retired/expired) have been included in the Seniority List. No

(d) Whether the seniority list is certified to have been circulated to all concerned beforefinalisation. No

(e) Whether duly authenticated by an officer not below Under Secretary rank. Yes

(f) Whether there is any discrepancy. Yes

(g) Whether UPSC reference number given under which officers appointed/recommended.No

(h) Whether changes in seniority list since the last DPC have been indicated. NA

6. ELIGIBILITY LIST

(a) Whether educational qualifications prescribed for direct recruitment applicable topromotees or otherwise specifically prescribed. No

(b) If so, whether details of educational qualifications of officers given. No

(c) Whether educational qualifications possessed by the officers in the zone of considerationmatch with those prescribed in RRs. No

(d) Whether separate year-wise eligibility list for preparation of year-wise panels given,wherever applicable. Yes

(e) Whether all the officers who were in position as on the crucial date (including those whohave since retired/expired) have been included in the Seniority List. No

(f) Whether the date of regular appointment to the feeder grade is shown in eligibility list incase eligibility criteria for promotion inter-alia contemplates counting of such service innext below grade. NA

(g) Whether the required number of officers in consideration zone (including SC/ST in theextended zone) available. No

7. OCCURRENCE OF VACANCIES

(a) Whether date and manner of occurrence of vacancies given. Yes

(b) Whether details of anticipated vacancies, if any, given. Yes

(c) Whether copy of order furnished in case of new creation of posts/ proceeding of theincumbent on deputation for more than one year. NA

(d) Whether copy of order furnished in case of change of designation, if any, from that givenin RRs. NA

(e) Whether reservation position as per DoP&T Office Memorandum No.3601212/96-Estt(Res) dated 2.7.1997 given (for Group B to A ). NA

8. SELF CONTAINED NOTE FOR DPC

Whether a self-contained Note for DPC duly signed by an officer not below the rank of Under Secretaryfurnished. No

9. ANNUAL CONFIDENTIAL REPORTS

(a) Whether ACRs of officers are written calendar year-wise or financial year-wise. Fin

283

year wise

(b) Whether ACRs furnished for all eligible officers along with a detailed statement (as perAnnexure IV of DoPT Office Memorandum No.22011/5/86-Estt(D) dated 10.4.1989) inrespect of each officer showing year-wise availability of ACRs. No

(c) Whether ACRs are up-to-date with reference to year of panel as prescribed vide DoP&TOffice Memorandum No.22011/9/98-Estt(D) dated 8.9.1998 (Model Calendar for OPCs).No

(d) Any incomplete ACRs? Position to be indicated on a separate sheet with reasons formissing/incomplete ACRs. No

(e) Is there any ACR which has not been reviewed/accepted by the Reviewing Officer/Accepting Officer? If so, whether details of such ACRs and reasons for non-review etchave been given. No

10. INTEGRITY CERTIFICATE

(a) Whether Integrity Certificate in prescribed form (as per format provided in paragraph4.2.5 of the DoP&T Office Memorandum No.22011/5/86-Estt(O) dated 10.4.1989) givenin respect of the eligible officers. No

(b) Whether recorded by an officer of Deputy Secretary rank. No

(c) Whether recorded for all eligible officers, specify by name. No

(d) Whether a formal certificate given in respect of officers, if any, whose integrity certificateis withheld. No

11. VIGILANCE CLEARANCE

(a) Whether Vigilance Clearance in respect of eligible officers given specifically (as requiredvide DoP&T Office Memorandum No.22011/4/91-Estt(A) dated 14.9.1992). No

(b) Whether names of officers, if any, not clear from vigilance angle given. No

(c) Whether charge-sheet served/prosecution sanction issued on all the officers not clearfrom vigilance angle. No

12. PENALTIES

Whether a statement showing major/minor penalties if any imposed upon the eligible officersduring last ten year has been enclosed. No

13. PREVIOUS DPC

(a) Has UPSC reference number, if any, for previous DPC, given. No

(b) Whether all officers recommended by the previous OPC have been promoted (copy oforders to been closed). NA

[Note:-A fresh panel for the same year/grade during the currency of the previous panel could be preparedin terms of instructions contained in paragraph 6 of the Department of Personnel and Training OfficeMemorandum No.22011/9/98-Estt(O) dated 8.9.1998 (Model Calendar for OPCs). However, it shall beensured that officers included in the earlier panel are promoted before officers from the next panel arepicked up].

284

14. MODEL CALENDAR FOR DPCs

(a) Whether the crucial date for determining eligibility has been taken as 1st January asprovided in the DoP&T Office Memorandum No.22011/9/98-Estt(O) dated 8.9.1998 readwith DoP&T Office Memorandum No.22011/3/98-Estt(O) dated 17.9.1998. (Applicablefor vacancies pertaining to the year 1999/1999-2000 onwards). No

(b) Whether the time-schedule for sending the proposal to the UPSC as laid down in theModel Calendar for DPCs adhered to. If not, reasons therefor. No

15. ADDITIONAL POINTS FOR REVIEW DPC (if applicable) : NA

(a) Whether proposal for Review DPC is covered by DoP&Tguidelines dated 10.4.1989.

(b) Whether copy of the Court Order/Judgement on the basis of which Review DPC hasbeen proposed is furnished.

(c) Whether copy of order (revising the seniority/expunging the adverse remarks etc)necessitating the review has been furnished.

(d) Whether a detailed Note for DPC giving reasons for review has been furnished.

285

Appointments

1. Secretariat appointments of and above the rank of JointSecretary in the Central Government.

2. All other appointments of civilian officers in theGovernment of India carrying a salary or salary scale orpay band plus Grade Pay equivalent to or higher thanthe minimum of such scale or pay band plus Grade Paypayable to a Joint Secretary to the Government ofIndiaexcept -

(i) appointment of Indian Police Service officers ofInspector General and Additional Director General levelsin the Central Police Organisations under the Ministry ofHome Affairs;

(ii) appointment of officers of the Defence Forces ofthe rank of Major General or equivalent in the CentralPolice Organisations under the Ministry of Home Affairs;and

(iii) appointment of organised Group ‘A’ CentralServices officers to the posts in the cadre other than theposts which carry the pay scale equivalent to theSecretary to the Government of India.

3. Appointment of officers abroad (other than officersbelonging to the Ministry of External Affairs), to the postsof the rank of Third Secretaries or equivalent and abovein Indian Missions or outside such Missions.

4. Appointment of Private Secretaries, and Officers onSpecial Duty, in the office of the members of the UnionCouncil of Ministers.

5. Appointment in autonomous institutions and statutorybodies, under the Central Government to the posts ofthe Chief Executive in the salary or salary scale or payband plus Grade Pay equivalent to or higher than theminimum of such scale or pay band plus Grade Paypayable to a Joint Secretary to the Government of India.

6. Appointment, whether salaried or not, of Chairman, andother Members of the Board of Management (includingthe Managing Director and the Financial Adviser, if theFinancial Adviser is a member of the Board of(Management) of any Schedule ‘A’ or Schedule ‘B’ Stateowned Public Corporation, Public Sector Banks, Public

A. All Ministries/

Departments

Departments

ANNEXURE I TO THE FIRST SCHEDULEAPPOINTMENTS REQUIRING THE APPROVAL OF THE


286

Sector Insurance Companies and FinancialInstitutions, Company or Enterprise, except wheresuch appointment is made ex-officio by theGovernment.

7. Appointment to the posts of part-time non-officialDirectors on the Boards of Management of any State-owned Public Corporation, Company or Enterprise.

8. Appointment of Chief Vigilance Officers (CVOs) inPublic Sector Undertakings, Autonomousorganizations and statutory bodies, under the CentralGovernment in the salary or salary scale or pay bandplus Grade Pay equivalent to or higher than theminimum of such scale or pay band plus Grade Paypayable to a Joint Secretary to the Government ofIndia.

1. Scientific Adviser to the Defence Minister.

2. Director General, Armed Forces Medical Services.

3. Director General, Ordnance Factories.

4. Additional Director General, Ordanance Factories.

5. Director General, Defence Estates.

6. Director General, Quality Assurance.

7. Additional Director General, Quality Assurance.

8. Director Grade I in Director General Quality AssuranceOrganisation.

9. Comptroller General of Defence Accounts.

10. Additional Controller General of Defence Accounts.

11. Principal Controllers of Defence Accounts andequivalent posts in Indian Defence Accounts Service.

12. Director, Institute for Defence Studies and Analyses(IDSA).ARMY

13. Chief of the Army Staff.

14. Vice-Chief of the Army Staff/General OfficersCommanding-in-Chief, Central Command, SouthernCommand, Eastern Command, Western Command,Northern Comman

B. Appointments specific tosome Ministries in additionto those specified under“A”above-

Ministry of Defence

287

No 28036/8/87-ESTT. (D)GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GREIVANCESAND PENSION


…….

New Delhi, the 30th March1988.

OFFICE MOMRANDUM


The undersigned is directed to say that instruction have been issued from time to time by theDepartment of Personal & Training requesting all Ministry/ Department to fill all posts only in accordancewith the prescribed procedure and recruitment rules on a regular basis. Consequently. Ministries/Departments are required to ensure that all appointment made on an ad –hoc basic are limited toposts which cannot be kept vacant until regular candidates become available. However, it has beennoted that appointment continue to be made on an ad-hoc basic and proposals are being received inthis Department for regularization of these appointment on the grounds that the persons concernedhave been working against these posts for a long time. This has led to instances where Courts andTribunals have directed the government to fix seniority cum fitness , even though the recruitmentRules for the post may have prescribed promotion by selection.

2. In view of the position explained above, it has been decided that the Ministries/Departmentmay not make any appointment on an adhoc basis including appointments by direct recruitment,promotion, transfer on deputation, etc. The procedure to be followed in circumstances when adhocappointments are presently frequently being resorted to is explained below:-


Adhoc appointments are frequently resorted to on the grounds that Recruitment Rulesfor the posts are in the process of being framed. In this Department’s O.M No.39021/5/83- Estt. (B) dated 9th July, 1985, all Ministries/Departments have been advised that ifthere are overriding compulsions for filling any Group A or Group B Post in the absenceof Recruitment Rules, then they may make a reference to the Union Public ServiceCommission (UPSC) for deciding the mode of recruitment to that post. Further action tofill the post may be taken according to the advice tendered by the UPSC. All suchappointments will be treated as regular appointments. In the case of Group C and Dposts which are outside the purview of UPSC, powers to frame Recruitment Ruleswithout consulting the Department of Personnel and Training have already been delegatedto the administrative Ministries vide this Department’s O.M. No.CD-14017/1/Estt. (RR)dated 21st March 1985, therefore no appointment may be made to any post on anadhoc basis on the ground that no Recruitment Rules exist for the same.


Adhoc appointments are also frequently resorted to on the ground that proposals areunder consideration to amend the existing Recruitment Rules. The legal position in thisregard is that posts are to be filled as per eligibility condition prescribed in the rules inforce at the time of occurrence of the vacancies unless the amended Recruitment Rulesare brought into force with retrospective effect. In fact the practice has been to giveeffect to amendments in the recruitment Rules only prospectively, except in rare cases.

288

Hence regular appointment/promotion may be made in all such cases in accordancewith the Recruitment Rules in force at the time when the vacancy arises. No adhocappointments/promotions may be made on the grounds that the recruitment Rules arebeing revised or amended.


Another, for making adhoc arrangement and delaying regular promotions is that theseniority position of the officer holding the post in the feeder grade is disputed in all suchcases regular DPCs may be held based on the existing seniority list. In case suchdisputes are pending before a Court/Tribunal, unless there is an injunction/stay orderagainst making regular promotions, the appointing authority may convince the DPC andmake promotions on the basis of the existing seniority list. However, while issuing theorders in such case it should be stipulated that these promotions are provisional andsubject to the final decision of the Court/Tribunal. Subsequently, when the directions ofthe Court/Tribunal become available, a review DPC may be held and the necessaryadjustments made in the promotions of officers based upon the revised seniority list. Incase any of the officers provisionally promoted do not figure in the list approved by theReview DPC they may be reverted to the posts held by them earlier.


Adhoc appointments are also made on the considerations that adequate number ofqualified candidates are not available for filling the vacancies through the direct recruitmentquota prescribed in the Recruitment Rules. In some cases even though, the requirednumber of candidate are recruited by the Union Public Service Commission/ Staff selectionCommission, some of them do not join or they join and resign thereafter.

According to the instructions contained in this Department’s O.M No. 24012/34/80-Estt.(B) dated 20th February 1981 while notifying vacancies to recruiting agencies, especiallythe SSC, the appointing authority is expected to compute the total number of vacanciestaking into consideration the likely vacancies during the period beginning from the dateof announcement of the examination in question upto the date of announcement of thesubsquent examination so that the total number of posts to be kept vacant may be veryfew.

Inspite of this, if some vacancies still remain unfilled. The following measures may be adopted:-

(a) Wherever feasible, the posts may be allowed to remain vacant untill qualifiedcandidates become available at the next examination.

(b) Wherever the Recruitment Rules for the posts provide alternative methods ofrecruitment; i.e., not only by the direct method but also by transfer on deputation, effortsmay be made to fill those vacancies which cannot be held over (until candidates of thenext examination become available), by the alternative methods; i.e. by transfer ondeputation etc.

(c) However, in cases where direct recruitment is the only method provided is theRecruitment Rules, Ministries/Departments have been advised vide O.M No. 14017/8/84-Eastt (RR) dated 19th June 1986 that the Rules may be amended to to fill short-termvacancies in the direct recruitment quota.In case the rules have not been amended theMinistries/Departments may take steps to do so immediately so that the shortage ofqualified candidates against the DR quota, may be met by filling the vacancies throughtransfer on deputation for short periods.

289

(V) Whenever short-term vacancies are caused by the regular incumbents proceeding onleave for 45 days or more, study leave, deputation etc. of less than one year duration,they may be filled by officers available on an approved panel. Such a panel may bemaintained taking into account not only the actual but also the vacancies anticipatedover a period of 12 months in accordance with the existing instructions of holding DPCs.Wherever an officer is not available on an approved panel the post may be kept vacantas far as possible.

3. If the prescribed instructions and procedures are strictly adhered to, it may be seen that therewill be very few cases where appointments need to be made on an adhoc abasis. Such circumstancesmay be-

(i) where there is an injunction by a Court/Tribunal directing that the post may not be filledon a regular basis and if the final judgement of the Court/Tribunal is not expected earlyand the post also cannot be kept vacant.

(ii) Where the DR quota has not been filled and the RRs also do not provide for fillingvacancies or deputation temporarily and the post cannot also be kept vacant.

(iii) In short term vacancies due to regular incumbents being on leave /deputation etc andwhere the posts cannot be filled as per para 2 (v). and cannot also be kept vacant.

4. In such exceptional circumstances adhoc appointments may be resorted to subject to thefollowing conditions:-

(i) The total period for which the appointment/promotion may be made on an adhoc basiswill be limited to one year only. The practice of giving a break periodically and appointingthe same person on an adhoc basis may not be permitted. In case there are compulsionsfor extending any adhoc appointment/promotion beyond one year, the approval of theDepartment of Personnel and Training may be sought at least two months in advancebefore the expiry of the one year period. If the approval of the Department of Personnel& Training to the continuance of the adhoc arrangements beyond one year is not receivedbefore the expiry of the one year period the adhoc appointment/promotion shallautomatically cease on the expiry of the one year term.

(ii) If the appointment proposed to be made on an adhoc basis involves the approval of theAppointments Committee of the Cabinet this may be obtained prior to the appointmentpromotion being actually made.

(iii) Where adhoc appointment is by promotion of the officer in the feeder grade, it may bedone on the basis of seniority-cum-fitness basis even where promotion is by selectionmethod as under :-

(a) Adhoc promotions may be made only after proper screening by the appointing authorityof the records of the officer.

(b) Only those officers who fulfil the eligibility conditions prescribed in the Recruitment Rulesshould be considered for adhoc appointment. If however, there are no eligible officers,necessary relaxation should be obtained from the competent authority in exceptionalcircumstances.

(c) The claims of Scheduled Castes and Scheduled Tribes in adhoc promotions shall beconsidered in accordance with the guidelines contained in the Department of Personnel& Training Office Memorandum No.36011/14/83-Estt. (SCT) dated 30.4.1983 and30.9.1983.

290

(Iv) Where adhoc appointment by Direct Recruitment (which as explained above should bevery rare) is being done as a last resort, it should be ensured that the persons appointedare those nominated by the employment exchange concerned and they also fulfil thestipulations as to the educational qualifications/experience and the upper age limitprescribed in the Recruitment Rules.

Where the normal procedure for recruitment to a post is through the employmentexchange only, there is no justification for resorting to adhoc appointment.

(iv) Where the appointing authority is not the Ministry, the authorities competent to approveadhoc appointmets may be decided by the Administrative Ministries themselves. Thecompetent authority so authorised by the Ministry should be one level higher than theappointing authority prescribed for that post.

Adhoc promotions with respect to officers whose cases are kept in a sealed cover in accordancewith OM No. 22011/2/86-Estt. (A) dated 12.1.1988 will however continue to be governed by thesespecial instructions. Similarly, adhoc promotions of officers belonging to the Central Secretariat Service(CSS) to posts of Under Secretary/Deputy Secretary under the Central Staffing Scheme will continueto be regulated by a special instructions contained in O.M.No. 31/16/82-EO (MM) dated 28.9.1983.

6. All adhoc appointments including adhoc promotions shall be reviewed on the basis of the aboveguidelines. In exceptional circumstances, wherever such appointments are required to be continuedbeyond the present term, the decision thereof may be taken by the authority prescribed in para (4) (v).However, it may be noted that the continuance of such adhoc appointments inculding adhoc promotionswill be subject to the overall restriction of one year form the date of these instructions.

7. All Ministries/Departments are requested to take action in accordance with the above mentionedinstructions in respect of both Secretariat as well as non-Secretariat offices under them.

The receipt of this OM may kindly be acknowledged.

XX SD XX

(S.K. PARTHASARATHY)JOINT SECRETARY TO THE GOVERNMENT OF INDIA

To,

All the Ministries/Departments of Government of India (Secretary by Name)

Copy to:-

1. Ministry of Railways, New Delhi.2. Department of Atomic Energy, New Delhi.3. Department of Electronics, New Delhi.4. Department of Space, New Delhi.5. Union Public Service Commission, New Delhi.6. Staff Selection Commission, New Delhi.7. Lok Sabha Secretariat, New Delhi.8. Rajya Sabha Secretariat, New Delhi.9. President’s Secretariat, New Delhi.10. Comptroller & Auditor General of India, New Delhi.

291

HeadquartersDte Gen Border RoadsSeema Sadak BhawanRing Road, Delhi CanttNew Delhi- 110 010

71 011/DGBR/87/ADG Sectt 01 Aug 2012

Hon’ble Raksha MantriChairmanBorder Roads Development BoardSouth BlockNew Delhi-110 011

FRAMING OF RECRUITMENT RULES FOR THE POST OF DG BORDER ROADS UNDERTHE DEPARTMENT OF MINISTRY OF ROAD TRANSPORT & HIGHWAYS (BORDERROADS WINGS) UNDER ADMINISTRATIVE CONTROL OF BRDB

Respected Sir,

I am writing this letter to inform you that in the capacity of transparency officer of BRO, I haverequested Secretariat BRDB for framing draft Recruitment Rules for the appointment of Director GeneralBorder Roads (DGBR) post. Appointment to the DGBR post without any selection process andRecruitment Rules is in violation of Article 309 of the Constitution and appointment is allowed withoutobtaining the approval of Appointment Committee of Cabinet (ACC), which is condition precedentaccording to the Govt. of lndia (Transaction of Business) Rules 1961, and also violates the Rule ofBusiness of BRDB made by the Hon’ble Prime Minister.

2. The following omissions/violations in the selection and appointment of DGBR post are highlightedfor your kind consideration please:-

(a) Secretariat BRDB, on behalf of Ministry of Road Transport and Highways, has initiatedthe process of amendment framing of recruitment rules for each and every Group ‘A’, ‘B’ and ‘C’posts according to proviso of Article 309, However, the draft recruitment rules for the DGBRpost has not been initiated in spite of repeated requests.

(b) Secretariat BRDB vide letter dated 26 July 2012 (Copy enclosed) has intimated to Ministryof Road Transport and Highways that the framing of recruitment rules for the post of DGBR isunder examination of Committee on Subordinate Legislative, Rajya Sabha and also sub-judicebefore Hon'ble Delhi High Court. The plea of Secretariat BRDB for not initiating draft RecruitmentRules is totally out of context.

Subordinate Legislative Committee, Rajya Sabha, is examining the issue of appointment ofArmy officers against the vacancies of Border Roads Engineering Service (BRES) Group ‘A’cadre posts. This provision of allocation of BRES posts for the Army officers was made in 1988by amending the service rules of BRES Service rules of 1977. Since allocation of BRES poststo Army officers is contradictory to the Govt. of lndia Statutory rules and service terms andconditions for Organised Group’A’ Central Civil Services on two accounts.

Firstly Group ‘A posts of organized services belongs to the cadre and secondly reservation forScheduled Caste and Scheduled Tribes is provided in the service as per the Govt. of lndiareservation policy made under the Constitution of lndia.

292

Subordinate Legislative Committee, Rajya Sabha, has come to know that there is no Recruitmentrules for DGBR post while examining the BRES Group 'A' 1988 (Amended) rules in its meetingheld on 28 June 2012 at Srinagar, and expressed its anguish and concern about such grossviolation of Article 309. ln fact, Committee has directed Dr Subhash Sharma, Secy BRDB totake immediate action to remove such gross anomaly in the appointment of Head of theDepartment.

Similarly the Court case referred by the Secretariat BRDB has been filed in 2009, to makeappointment to the post of DGBR in accordance to the Govt. Rules and Regulation consideringADGBR eligibility also being the senior most officer of the BRO, even senior to the presentlncumbent -holding the post. Nowhere Hon’ble Court in WP 6804 2010 has been prayed not toallow Secretariat BRDB to initiate the process of framing Recruitment rules for the post ofDGBR.

(c) The mass allocation of BRES Group ‘A’ posts to Army, particularly 20% at Captain level,55% Colonel and 50% designate Colonels at Brigadiers level has made BRES Group ‘A’ servicemost unattractive engineering service amongst all the Central Engineering Services and that isthe sole reason officers joining this service resigned after some time. lt is irony that on one sideSecretariat BRDB accepts the fact that the living and working condition of BRES officers isvery tough and on the other hand their promotional posts have been allotted to Army which isnot only affecting the promotional aspect of Cadre officers but also affecting the representationof SC and ST candidates in higher posts.

(d) The Secretariat BRDB is delaying framing of draft Recruitment Rules on the false pretextthat Subordinate Legislative Committee, Rajya Sabha and Court case filed under WP 6804/2010 has restricted Secretariat from initiating draft Recruitment Rules for the DGBR post.Secretariat BRDB is using this tactics to avoid its Constitutional responsibility mandatory underArticle 309. It is the Constitutional mandate that appointment to a post in the service of Union oflndia is made according to the rules of recruitment and Govt. statutory orders. SubordinateLegislative Committee on behalf of Parliament has already advised Secretary BRDB to takeimmediate action on this issue.

3. ln view of the above, I request you to kindly direct Secretary, BRDB to initiate draft RecruitmentRules for the post of DGBR under provision of Article 309 so that the Parliamentary and Constitutionalsupremacy in the functioning and appointments in BRO is established.

Yours faithfully,xxxsdxxx(Dr VK Yadav)

Encl : As above AddI DGBR

Copy to.-

Chairman UPSC - According to Charter of the duties and function, UPSC has Advisory roleDholpur House in all matters relating to methods of Recruitment to various services andNew Delhi posts. Secretariat BRDB wing of MoRT&H is filling DGBR Group ‘A’ post

in the HAG grade without any recruitment rule and selection process.You are requested to take appropriate action to stop such appointmentplease.

293

Secretary DoPT - Secretariat BRDB, Border Roads wing of MoRT&H is makingGovt. of lndia appointment to the post of DGBR in an adhoc manner, without ACCNorth Block approval and UPSC advice. You are requested to issue direction to theNew Delhi RR section of DoPT to include Recruitment Rule of DGBR post in the

draft Recruitment Rules of BRES (Civil) Group ‘A’ service of BROsubmitted by the Secretariat BRDB on behalf of MoRT&H.

Secretary MoRTH - For information and necessary action being Cadre Controlling authorityTransport Bhavan of BRES Group ‘A, posts.Sansad MargNew Delhi

Secretary - ForMinistry of DefenceSouth BlockNew Delhi

Additional Secretary (B) - Recruitment rule for Group 'A' post of DGBR is mandatory Under ArticleMinistry of Defence 309 of the Constitution: The purpose of Recruitment Rules has beenSouth Block given on the UPSC web Site and abstract of which is enclosed in AnnexureNew Delhi P-1 . You are requested to stop adhoc appointment of DGBR post and

initiate process for framing Recruitment Rules for the post of DGBR andfollow guidelines issued by UPSC/DOPT for selection and appointment

Joint Secretary (G) of similar posts in a transparent manner.Ministry of DefenceSouth Block, New Delhi

Secretary BRDB - For418, Border Roads WingSena BhawanNew Delhi

Shri KL Nandwani - ForDeputy Secretary (MS)/CPMinistry of DefenceSouth Block, New Delhi

Shri KKY Mahindrakar - Please liaise with Secretariat wing of MoRT&H for framing R R for thepost of

Chief Engineer (Civil) DGBR.DDG(Pers)HQ DGBR

294

Annexure -P-1

RECRUITMENT RULES

ln accordance with the provisions contained in Article 320 of the constitution read with provisions

of Union Public Service Commission. (Exemption from Consultation) Regulations 1958, Recruitment

Rules of all Group ‘A’ and Group 'B' Posts in various Ministries/Departments/Service Rules for all

Group ‘A’ and 'B' organized Services of Government of lndia are required to be framed in consultation

with the commission.

Recruitment Rules/Service Rules are statutory in nature and their main objective is to ensure

appointment/selection of the best suitable candidate for a particular post by prescribing relevant

experience, educational qualifications, appropriate method of recruitment keeping in view the duties

and responsibilities attached to the post operating in any organisation. The RRs are an effective and

extremely important tool for ensuring fair process of recruitment or selection in accordance with

Constitutional provision. proposals for framing/amending Recruitment Rules/Service Rules are examined

keeping in view the cadre structure of the organisation and the gardelines/directions issued by the

Govt. from time to time. After approval, the Commissions advice in the matter is communicated to the

Ministry/Department concerned.

It is imperative that the review of the Recruitment Rules/Service Rules is taken up at

regular intervals in order to make them relevant to the rapidly changing needs of the

organisation.

295


GE-I

Subject: Framing of Recruitment Rules for the Post of DG Border Roads (DGBR)

Reference your DO letter No. 7LOL\/DGBR/183/ADG Sectt dated 22nd June 2012 addressed

to Shri AK Upadhyay, Secretary of MoRT&H with copy endorsed to Secretary BRDB and Secretary

DoPT on the subject mentioned above.

2. In this regard, it is stated that the subject matter is under examination of Committee on

Subordinate Legislative, Rajya Sabha and is being examined accordingly. Moreover, this matter is sub-

judice before Hon’ble Delhi High Court in WP No. 6804 /2010 and we have to await court judgment.

xxxsdxxx

[Shashi Prabha Munjal)


Dr. VK Yadav, VSM,

Additional Director General,

HQrs Dte GBR

Seema Sadak Bhawan,


New Delhi - 10

BRDB ID Note No. BRDB/04/2152/2O12/GE-I Dated : 26 July 2012

Copy to:

PS to Secretary for information please.

Ministry of Road Transport & Highways

Transport Bhawan,

1, Parliament Street,

New Delhi- 110 001

xxxsdxxx

[Shashi Prabha Munjal)


296

636 Art.320 Part XIV-Services under the Union, etc-Ch.2.-Public, etc.

Cause they hold office under the Constitution without being subordinate to the Government of India.

Art.320. (1) It shall be the duty of the Union and the State Public Service Commissions to

conduct examinations for appointments to the services of the Union and the

Services of the State respectively.

(2) It shall also be the duty of the Union Public Service Commission, if requested by any

two or more States so to do, to assist those States in framing and operating schemes of joint recruitment

for any services for which candidates possessing special qualifications are required.

(3) The Union Public Service Commission or the State Public Service Commission, as the

case may be, shall be consulted-

(a) On all matters relating to methods of recruitment to civil services and for civil posts;

(b) On the principles to be followed in making appointments to civil services and posts and

in making promotions and transfers from one service to another and on the suitability of

candidates for such appointments, promotions or transfers;

(c) On all disciplinary matters affecting a person serving under the government of India or

the Government of a State in a civil capacity, including memorandums or petitions relating

to such matters;

(d) On any claim by or in respect of a person who is serving or has served under the

Government of India or the Government of a State or under the Crown in India or under

the Government of an Indian State, in a civil capacity, that any costs incurred by him in

respect of acts done or purporting to be done in the execution of his duty should be paid

out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated

Fund of the State;

(e) On any claim for the award of a pension in respect of injuries sustained by a person

while serving under the Government of India or the Government of a State or under the

Crown in India or under the Government of an Indian State, in a civil capacity, and any

question as to the amount of any such award;

and it shall be the duty of a Public Service Commission to advise on any matter so referred to them

and on any other matter which the President, or as the case may be, the Governor16[***] of the State,

may refer to them:

Functions of Public ServiceCommissions

297

Provided that the President as respects the all-India services and also as regards other services

and posts in connection with the affairs of the Union, and the Governor 17 [***] as respects other

services and posts in connection with the affairs of a State, may make regulations specifying the

matters in which either generally, or in any particular class of case or in any particular circumstances,

it shall not be necessary for a Public Service Commission to be consulted.

(4) Nothing in Clause (3) shall require a Public Service Commission to be consulted as

respects the manner in which any provision referred to in Clause (4) of Article 16 may be made or as

respects the manner in which effect may be given to the provisions of Article 335.

(5) All regulations made under the proviso to Clause (3) by the President or the Governor 18

[***] of a State shall be laid for not less than fourteen days before each House of Parliament or the

House or each House of the Legislature of the State, as the case may be, as soon as possible after

they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as

both Houses of Parliament or the House of both Houses of the Legislature of the State may make

during the session in which they are so laid.

298

APPOINTMENT OF DG BORDER ROADS UNDER BRDB, MINISTRY OF ROADS

TRANSPORT & HIGHWAYS BY REFERRING PROPOSALS TO UPSC

General Reserve Engineer Force (GREF), which is popularly known as Border Roads

Organisation (BRO) under Ministry of Road Transport & Highways.

2 Framing recruitment rules for all Central Government posts is a basic requirement outlined in

Article 309 of the constitution. The post of Director General Border Roads (DGBR) is being filled up by

adhoc appointment without framing Rule of Recruitment and without approval of Appointment Committee

of Cabinet (ACC).

It is a fact that the Rule of Recruitment is made for all the posts including Director General in all

other services of Govt of MoRTH, CPWD, BSF, lTBP, CRPF, Coast Guard, Survey of India as per

guidelines of UPSC/DoPT.

3 All the promotion posts of Border Roads Engineering Services (BRES) Group ‘A’ are made

from AEE to EE, EE to SE, SE to CE and CE to Addl DG as per Recruitment Rules approved under

article 309 GSR 1554 of 1977 and GSR 868 of 1988. The mass allocation of BRES Group ‘A’ posts to

Army, Particularly 20% at Captain level and 55% colonels and 50% Colonels as designate Brigadier

Chief Engineers, although BRO Chief Engineer post is equivatent to Major General, has made BRES

Group 'A’ service most unattractive Engineering Service amongst all the Central Engineering Services

and that is the sole reason why officers joining this Department resign and leave service early. The

living and working condition of BRES officers is very tough and on the other hand their promotional

posts have been usurped by Army, which is not only affecting the promotional aspect of Cadre officers

but also affecting the representation of SC and ST candidates in higher posts.

4 The Hon’ble Supreme Court in Judgement of May 1983 also made the following observations :-

"ln case it is found that the terms and conditions of service of officers and men in GREF

directly recruited or taken on deputation are in any way less favourable than those of

Army personnel appointed to the same equivalent posts in GREF, the Central

Government might well consider the feasibility of taking steps for ensuring that the

disparity, if any, between the terms and conditions of service such as salary, allowances

and rations, etc. of Army Personnel posted in GREF Units and other officers and rnen of

GREF, is removed.”

GLARING OMISSIONS AND VIOLATION OF FUNDAMENTAL RULES IN THE SELECTION

OF DGBR

Violation 1: DGBR is Group ‘A’ post of Border Roads Engineering Service and

Secretary BRDB/Secretary MoRT&H are cadre Controlling Authority of Border Roads

Engineering Services. There is no reference made to UPSC by Cadre Controlling Authority

for filling up the post of DGBR. Military Secretary, Army HQ has no mandate to post

Army Officer (Lt General) to the Group ‘A’ post of DGBR under Ministry of Road Transport

& Highways without approval of Cadre Controlling Authority and concurrence of UPSC/

DoPT. DGBR is also not Principal Staff Officer of the Chief of Army Staff and DGBR

post is not in the ambit of lndian Army.

Violation 2: No Seniority List is made of officers amongst whom one of them will

become DGBR nor any search Committee suggested names for selection. Seniority

299

List of BRO officers as Chief Engineer and Maj General S Ravishankar (Chief Engineer

Financial Planning) as on 31 Oct 2010 is given below. 08 senior civilian officers of

Border Roads Organisation with more than 32 years of working experience in the

department were not even considered for promotion :-

S/ Name & Rank/Apptt Date of Seniority

No. (Chief Engineer equivalent to

Major Genenal)

(a) Shni BB Lal, CE (Civil) Nov 2002

(b) Dr AR Tiwari, CE (Civil) Aug 2003

(c) Shri KKY Mahindrakar, CE (Civil) Aug 2003

(d) Shri Ghasi Ram, CE (Civil) Nov 2004

(e) Shri SS Porwal, CE (Civil) Nov 2004

(f) Shri Anil Kumar, CE (Civil) Dec 2004

(g) Shri Vinod Kumar, CE (Civil) Nov 2005

(h) Shri Samarendra Sen, May 2006

(i) Maj Gen S Ravishankar Jun 2006 (Promoted on

Chief Engineer (Financial 01 Nov 2010 to take

Planning) over as DGBR)

Violation 3: BRO is responsible for construction of roads, bridges, tunnels, airfields

etc. Civil Engineer is required for DGBR post and Major General S Ravishankar is

Mechanical Engineer not suitable to be appointed as DGBR. No educational qualification

and experience mentioned whether Civil Engineer or Mechanical Engineer or only Army

officer will be considered for the appointment of DGBR.

We cannot appoint a Veterinary Doctor as Head of All India lnstitute of Medical Sciences

on the plea that rule of recruitment has not been made.

Violation 4: Article 16 clause (i) of the Constitution deals with "Equality in the matter

of Appointments". It is surprising that for the appointment of Civilian BRES cadre approval

of ACC is obtained for the post of Chief Engineers and Addl DGBR but in case of

appointment for the post of DGBR, the case is not referred to ACC for approval Can

Central Government follow two sets of rules for Civilian Group 'A' posts?

Violation 5: BRDB has made it clear to Army HQ/M (Legal) that the power to approve

inter-cadre-deputation/transfer of any service would of an officer require ACC approval

vide BRDB/10/123g12010/GE dated 01 Apr 2011. However, over the years the Secretary

BRDB remained a party to the manipulations of Army HQ and facilitated to smooth

usurping of DGBR post by an Army officer and never objected to it till date.

Violation 6: Why approval of Appointment Committee of Cabinet is not obtained in

300

appointing DGBR, who is in the HAG pay scale of Rs. 67000-79000. Even in Army for

promotion to the posts of Engineer-in-Chief and the DG (MO), DG (Ordnance), DG

(Defence Estate), DG (Coast Guard) and DG (Survey of India), ACC approval has been

taken by MoD. Refer BRDB/10/123g/ 2010 GE/ dated 01 April 2011 addressed to Army

HQ/MS (Legal), which states “The power of appointment by promotion/transfer on

deputation/direct recruitment to posts wherein the salary or the maximum of the scale

is Rs 6700/- (pre revised) per month or more would continue to require ACC approval.

Military Secretary has not obtained ACC approval for appointing Lt General as DGBR

and thereby violated the rules.

On the contrary, Secy BRDB actually overlooked this and facilitated Maj Gen S

Ravishankar to take over as DGBR without ACC approval, ignoring 08 senior civilian

officers of Border Roads Organisation with more than 32 years of experience.

Violation 7: The DGBR designate Maj Gen S Ravishankar has never worked in BRO

and has no experience with Border Roads Organisation.

Violation 8: Under provison of Article 309, Rule of Recruitment for DGBR post has

not been made and Rule of Business of BRDB framed by Hon’ble Prime Minister has

not relaxed the power to appoint DGBR by Chairman, Border Roads Development Board

since Expenditure Secretary (Finance) has refused to relax the power. Refer Abstract

of Para 31 under ltem No. I - Amendments to Rules of Business of the Board of 1988

Board Meeting, which states:

“31. The Board noted that the Ministry of Finance (Deptt of Expenditure) to whom the

matter had been referred for relaxation of the provisions contained in its various OMs,

for enabling the BRDB to exercise its powers for creation of posts without prior approvals

of Secretary (Expenditure) and Finance Minister have, however, not agreed to this

suggestion, on the ground that the guidelines regarding creation and filling up of posts

contained in their Office Memoranda of 20.6.1984 and 20.5.1986 already lay down.

5 ln case Recruitment Rules are not made for any OM No. 28036/8/87-Estt (D) dated 30 Mar

198B (copy clearly clarified the issue vide para (i) under Heading Recruitment Rules” quoted below:_

liberal procedure relaxation therein is for creation of posts and not considered necessary any further

post, the DOPT enclosed) very “Absence of

“lf there is overriding compulsions for filling any Group A or Group B post in the absence of

Recruitment Rule so then they may make a reference to the Union Public Service Commission (UPSC)

for deciding the mode of recruitment to that post. Therefore, no appointment may be made to any post

on an adhoc basis on the ground that no Recruitment Rules exist for the same.,,

6 The Army has usurped civilian Group 'A' post of DGBR under BRDB Ministry of Road Transport

and Highways flouting all norms and procedures. Even Subordinate Legislative Committee of Rajya

sabha has also pin-pointed the lapses and recommended to make rule of recruitment for DGBR post.

lt is therefore requested to intervene and stop adhoc appointment to the post of DGBR, initiate case for

framing Recruitment Rules for the post of DGBR at the earliest in consultation with UPSC/DoPT and

also follow procedure laid down for promotion to the post accordingly to bring transparency and level

playing field in the selection and appointments in Border Roads Organisation.

301

No. BRDB/S (3)/60Government of India,


New Delhi, the 19 May 1960

Minutes of the 2nd (60) meeting of the Border Roads Development Board held at 11 A.M. onThursday, the 12th May 1960, in the room of the Defense Minister.

Present

Shri V.K. Krishna Menon Chairman.Minister of Defense.

Shri Shankar PrasadSecretary, Kashmir Affairs.

General K.S. Thimayya, DSOChief of the Army Staff.

Air Marshal S. Mukerjee,Chief of the Air Staff.

Shri S. Jayasankar,Finance Adviser

Lt Gen. B.M. Kaul

Shri R.P. Sarathy,Additional Secretary, Minister of Defence

Shri H.C. Sarin,Joint Secretary, Ministry of Defence.

Shri H.P. Sinha,Consulting Engineer (Road Development) &Joint Secretary, Minister of Transport andCommunications.

Major General K.N. Dubey,Director General Border Roads

Shri S.K. Mukherjee,Secretary, Border Roads Development Board.

Also Present :-

Rear Admiral D Shankar, I.N.,Controller General, Defence Production.

Air Vice Marshal D.A.R. Nanda,Deputy Chief of Air Staff

Shri A.P.V. Krishnan,Deputy Financial Adviser

302

Minutes of the 2nd (60) meeting of the Border Roads Development Board held on the 12th May

1960 circulated under Memo. No. BRDB/S(3)/60, dated the 19th May 1960.

1. The Chairman reviewed the progress of preparatory work done so far. In course of his survey,

he mentioned about discussions, which had been held with the General Staff, the Defence, External

Affairs and Transport Ministries in regard to the priorities of the Road Projects. The Director General,

Border Roads has been authorised necessary staff. Two Chief Engineers - one for the Ladakh area

another for the NEFA—have been appointed and nucleus staff sanctioned for them. Their headquarters

will be at Leh and Tezpur. The Defence Minister’s Committee (Army) have agreed to the loan of a few

Engineering and other ancillary units to the Board so that full advantage may be taken of the limited

season for road construction, specially in the Ladakh area. Meanwhile, the question of recruitment of

civilian task force has been taken up. The terms and conditions of service of civilian officers and staff

(skilled and unskilled) are being discussed with the Finance Ministry.

2. The Chairman mentioned about two other problems which are being tackled. The first relates

to the procurement of machinery and equipment required to enable the Engineers to complete the task

within the target dates. This is being examined in consultation with the Army Headquarters and the

Controller General, Defence Production. It is clear however that in majority of cases resort will have to

be made to purchase in the country and abroad under an arrangement, which should be speedy and

effective. The second problem is in regard to air lift. The plans prepared and submitted to the Board at

the meeting postulate air lift to Leh-Chusul and the availability of those facilities immediately. About

15,000 tons have to be lifted in a year during the period of construction, which has been fixed at 2 years

and 3 months. While the Air Force is willing to undertake this commitment, it cannot at present spare

any aircraft for air lift in connection with border road works. The requirements in this respect are being

examined separately as a matter of great urgency. The Chairman concluded his review by saying that

time was the most important factor. He suggested that the Ist June 1960 should be deemed as the date

of commencement of work. The period within which the work should be completed, would be calculated

from this date.

3. The Chief of the Air Staff felt that in view of the non-availability of aircraft for transport and the

time that would be taken to recruit the civilian task force, it might not be possible to commence work on

the Ist June 1960. It was, however, agreed that the date suggested by the Chairman would be suitable,

for planning purposes.

4. The different items included in the Agenda were taken up in the light of the papers circulated

under the Board Secretariat No. BRDB/S(2)/60, dated the 10th May 1960. The decisions of the Board

are given in the succeeding paragraphs.

5. Item I. - Shri H.P. Sinha mentioned that he had informal discussion with the Chief Engineers of

the concerned State PWD/CPWD. The preliminary reaction of the Chief Engineers of State PWDs/

CPWD was that they may not be able to complete the projects assigned to them by the proposed

target dates. If steeper gradients are acceptable, existing mule tracks could be widened. This might

enable the PWD to execute their projects somewhat earlier. After discussion, the Board approved the

priority, classification, agency and target dates proposed vide Appendix to the paper. As regards the

Projects to be undertaken by the State/Central PWD, the Board directed that the difficulties expressed

by the PWD might be discussed by the Director General, Border Roads and the Secretary of the Board

with the Consulting Engineer (Road Development) and the Chief Engineer concerned at the meeting to

be held on the 13th May, 1960. The General Staff and the Defence Ministry should also be consulted

303

where necessary. The Chief of the Army Staff stated that in some areas higher gradients might be

acceptable but this will require further examination.

6. Item II. - The Director General, Border Roads, stated that, in view of the additional commitment

accepted for extension of the road from Dungti to Demchak (112 miles), he would have to employ a

total of three task forces in the Ladakh area and that three task forces would have to be raised between

September and December 1960. These will be employed one each in Ladakh, Himachal Pradesh and

Sikkim. Annexure II of the paper may be viewed as amended accordingly. During general discussion

Shri Sinha stated that the P.W.D. would need assistance to secure for their projects machinery,

equipment, etc. Left to themselves, they would not be able to procure them in time. The Board might

arrange to procure them centrally and meet the requirements of the PWD. The Financial Adviser

observed that the assessment of financial effect contained in paragraph 8 of the paper has to be

modified if this additional commitment was to be accepted by the Board. After discussion the Board

approved the following:-

(i) The general plan of execution of the projects and the basic organisation proposed to be

set up vide Appendix I to the paper as modified by the Director General, Border Roads.

(ii) The requirements of man-power as given in Appendix II to the paper, subject to usual

examination.

(iii) The requirements of machinery, equipment, vehicles, etc, as detailed in Appendix III to

the paper subject to usual examination. The requirement of aircraft will be discussed in

detail with the Financial Adviser separately.

(iv) The formation of a purchase cell to deal with the requirements of the Director General,

Border Roads, and also to supply such machinery, equipment, etc, to Central and State

Public Works Departments as may be considered essential from time to time. Details

will be worked out by the Director General, Border Roads in consultation with Shri H.P.

Sinha.

7. Item III. - The Board noted with approval the employment of certain units of the Army on

payment of full cost assessed in the usual manner.

8. Item IV. - The preliminary project estimates for improvement of road to Dirong Dzong, and for

trace cutting and development to jeep track between Dirong Dzong-Tawang and Leh-Chusul at an

approximate cost of Rs. 98 lakhs and Rs. 59 lakhs respectively, were approved by the Board.

9. Item V. - The Financial Adviser explained the implications of paragraph 2 of the paper. The

Board agreed that necessary funds should be obtained through a supplementary Grant or an advance

the Contingency Fund as may be necessary. During discussion it was explained to the Board that Rs.

40 lakhs provided in Annexure to paper on account of cost of air lift and transportation was a notional

sum.

10. Item VI. - The Board noted the appointments sanctioned for the office of the Secretary and the

organization of the Director General, Border Roads.

11. Item VII. - The Board approved the simplified procedure for works & Accounting applicable to

the projects executed by the Director General, Border Roads. A minor amendment to paragraph 10 of

the enclosure to the paper was agreed to by the Board.

304

No.F.5 (4) BRDB/60

Government of India


New Delhi, the 15th July 1960.

Paper for information of the Border Roads

Development Board circulated with No.

F.5(4)BRDB/60 dated 15th July 1960

Subject: - Organization and Recruitment of the General Reserve Engineer Force

Governments have sanctioned the raising of the General Reserve Engineer Force under the overall

control of the Director General Border Roads for construction of roads.

ORGANISATION:

2. The General Reserve Engineer Force will consist of several Task Forces. Each Task Force is

designed to handle road constructing tasks up to 75 miles in one year. It consists of a headquarters

and three construction groups which are the main construction units. To assist these three construction

groups, the Task Force is authorized one each of the following specialist engineer elements:-

(a) Earth-moving plant element which holds tractors for excavation, complete with operators

and a first echelon repair organization.

(b) Construction equipment element which holds all plants other than earth-moving plant

such as compressors, road rollers, concrete mixer etc and their operators.

(c) Workshop and stores element capable of fabrication of small items of equipment and

two stores units – one for general stores and the other for engineer stores.

(d) Task Force Workshop for repair of all vehicles, plants and equipment held in the Task

Force.

3. In addition to the above units, an administrative and maintenance group of units will also be

included in the Task Force. The group will consist of the following:-

(a) Supply unit for distribution of rations and POL.

(b) Field Post Office for postal duties.

(c) Mobile surgical unit and medical staging sections for providing necessary medical cover.

4. The following units will be also authorized on as required basis:-

(a) Civil Pioneer units to provide unskilled labour.

(b) Transport platoons for conveyance of men, equipment and stores.

305

RECRUITMENT:

5. Apart from the army units, which have been placed at the disposal of the board, civilian task

forces mentioned above are being raised in the following manner:-

(a) Officers: will be obtained on loan from the Army, MES, CPWD, State PWD etc, wherever

such personnel can be spared. Deficiencies will be made up by direct recruitment.

(b) Supervisory Personnel: These personnel are being obtained through the Army recruiting

organization from released servicemen and from surplus categories from national projects like D.V.C.,

Bhakra Nangal etc. The assistance of the Employment Exchanges is also being sought. Government

and other technical training institutions are also being tapped to provide technical supervisory elements.

(c) Other personnel: Personnel- skilled and un-skilled are being recruited through the Army recruiting

organization, from ex-servicemen and such other tradesmen that are readily available from the market.

The local employment exchanges have also been approached.

REFUGEES:

6. Arrangements are being made to utilize such number of refugees as are available in the various

off road projects sectors. Labour available locally will also be engaged.

TRAINING OF TECHNICIANS:

7. Wherever our demands cannot be fully met by the above methods and organizations, action

will be taken to arrange for training for suitable personnel.

xx—Sd/-x-x

(S K Mukherjee)

Secretary,


306

Delhi Telephone: 1513 No.69231/SD 2

Military Trunk : 131 Army Headquarters

General Staff Branch

DHQ PO, New Delhi- 11

18 Aug 60

To,

Headquarters

Southern Command (30)

Eastern Command (30)

Western Command (30)

Subject: BORDER ROADS ORGANISATION

Further to this Headquarter letter No.62696/GS/MO-1 dated 28 May 60.

INTRODUCTION

1. At a recent meeting the Border Roads Development Board approved a programme of road

construction in North and North Eastern Frontier of India. Whilst certain tasks are being assigned to the

State and Central Public Works Department, development of certain other routes, particularly in the

more forward and comparatively more difficult areas, is being entrusted to an organization which has

been set up directly under the board for this purpose. The organization will be under the control of

Director General Border Roads, who will, in addition to the execution of Task assigned to this organization,

be also responsible for the coordination of technical aspect of projects assigned to other agencies. For

case of control, road tasks have been grouped regionally and executive responsibility for the tasks,

other than those assigned to the State and Central PWDs, will be that of Regional Chief Engineers/

Indep Deputy Chief Engineers, who will function under the overall control and direction of Director

General Border Roads. Coordination with the State and Central PWDs will be done through Liaison

Cells to be created where considered necessary.

2. The actual execution of road tasks under the Regional Chief Engineer/Indep Deputy Chief

Engineers will be carried out by tasks forces specially raised and equipped for the purpose. Locally

available labour will also be employed. Under Government of INDIA letter No 69231/SD 2/1/336-C/TS/

D (GS-I) dated 30 May 1960 approval has been accorded to the raising/reorganization and placing of

these and some other existing army units at the disposal of the Director General Border Roads. In this

connection your attention is drawn to the Army Headquarter Letter No.69231/SD-2 dated 29 Jun 60, as

amended. Additional resources for the execution of road tasks are being directly by the Director General

Border Roads. Government has approved the formation of a General Reserve Engineer Force (GREF)

under the control of the Board for the purpose of construction of Border Roads. The Force will be

raised through direct recruitment of civilian personnel and by deputation of suitable personnel from

Government Departments, local Bodies and Corporations. The terms and conditions of service for

personnel I GREF have been finalized.

AIM

3. The aim of this letter is to specify the Army’s responsibility in respect of raising, equipping and

provisioning of General Reserve Engineer Force, and clarify the system of Command, Control and

Administration of Army units place at the disposal of the Border Roads Development Board.

307

ARMY UNITS:

4. (a) Personnel

Army will continue to remain responsible for maintaining these units up to full strength

in respect of all personnel including officers.

(b) Personnel clothing, arms and equipment

Army will continue to remain responsible for the issue and subsequent maintenance to

authorized scales prescribed for the regular army units operating in the same areas.

Demands for and supply of items, both controlled and uncontrolled will be made in

accordance with procedure for regular army units.

(c) Rations, POL and Ammunition

Scale of rations, including Fuel and extra rations as authorized from time to time for

regular army personnel including officers in the area, will continue to supply. Regional

Chief Engineer/Indep Deputy Chief Engineer will arrange collection of ration in bulk and

POL from the nearest supply/ POL Depot. Ammunition will be supplied for these needs

from the nearest Ordnance Depot in accordance with normal procedure.

Note: - Government sanction authorizing the above scales of personnel clothing, arms,

equipment, rations and so on for the personnel of these units is under. Issue separately.

Held by units, all further issues and maintenance of units holdings will be the responsibility

of Director General Border Roads. Until Border Roads has its own repair set up

established, Army will continue to provide EME cover. DGBR is expected to establish

its own repair organization by 1 Oct 1960.

(d) Discipline

Action is in hand to delegate suitable disciplinary powers to Chief Engineer / Indep

Deputy Chief Engineers in respect of units under their command. Disposal of disciplinary

cases which are beyond the powers of Chief Engineer/Indep Deputy Chief Engineers

will be referred to the Corps Headquarters. In the absence of Corps Headquarters the

matter will be referred to the Command Headquarters.

(e) Courses and Training

All demands for Courses will be made through DGBR.

(f) Annual inspections

These Army units will be inspected under the arrangements of DGBR.

(g) Local duties

These units will not be available for duties to local formation commanders.

GENERAL RESERVE ENGINEER FORCE UNITS

5. (a) PERSONNEL

Civilian personnel will be recruited through the Army Recruiting Organization in

308

collaboration with the Employment Exchange Organization. Government approval to

this procedure is under issue. Recruiting demands will be placed on the various recruiting

officers concerned by Army HQ (Org 5) Recruiting)according to the requirements which

will be indicated to them by the DGBR. The terms and conditions of service for all

civilian personnel of GREF are being issued separately.

(b) Personnel Clothing

The responsibility of provisioning of items of clothing and transportation to Headquarter

Chief Engineer/Deputy Chief Engineer will be that of the DGBR. Chief Engineer/Deputy

Chief Engineer will arrange distribution down to unit from this Headquarters.

(c) Ration and POL

A ration scale has been laid down by Government for GREF Units.The Army will be

responsible to supply ration in bulk at the nearest supply depot.

(d) Vehicles, equipment and stores

All issues, initial and replacement, will be the responsibility of the DGBR.

(e) Discipline

A Gazette Notification applying all provisions of the Army Act 1950 and the rules made

there under to the GREF and granting powers of an independent brigade commander to

the Chief Engineer of the Force is under issue.

(f) Courses and Training

All demands for courses will be coordinated by the DGBR.

INTER COMMUNICATION

6. The Army Signal communications facilities existing in the area where Headquarters of units of

Border Roads are located will be extended to this organization.

7. Provision of telephones will be sanctioned by the DGBR in accordance with Government of

INDIA, Border Roads Development Board, letter No F 2 (1)/DGBR/60 dated 03 Jun 1960.

INSPECTION AND REPAIR

8. The inspection and repair of all vehicles, plant and equipment will be carried out under

arrangements made by the DGBR.

MEDICAL

9. Medical cover in the field will be provided by Medical Units of GREF. Army will provide cover in

specified Military/General Hospitals.

10. Medical stores will be provided by Army through field ambulances/General hospitals on which

GREF units are based.

APPROPRIATION OF COST

11. All issues to units of GREF and military units under the control of the DGBR will be on

payment and all vouchers will be marked “debitable to DGBR”.

309

12. This letter issues with the occurrence of the Ministry of Defence and Ministry of Finance (Defence)

at this Headquarters.

xxxSdxxxCHIEF OF THE GENERAL STAFF

Copy to:-

Controller General Defence Accounts

Controller Defence Accounts (Southern Command), POONA

Controller Defence Accounts (Eastern Command), MEERUT

Controller Defence Accounts (Western Command), MEERUT

Controller Defence Accounts (Officers), POONA

Controller Defence Accounts (Other Ranks), MYSORE

Ministry of Defence (D/GS-I)

Ministry of Finances (Defence/GS)

Ministry of Finances (Defence/AG)

Ministry of Finances (Defence/GS)

Ministry of Finances (Defence/O)

Ministry of Finances (Defence/Q)

Ministry of Finances (Defence/BR)

Border Roads Development Board (2) (DGBR (30)

Internal Distribution

List ‘C’ (Less PSOs,DTA,DDSC,DD Svy,JAG and DMT)

SD1,SD4

310

MOST IMMEDIATECOURT CASE

F No. BRDB/10/1238/2010/GE-IGovernment of India

Ministry of Roads Transport & Highways Border Roads Development Board

‘B’ Wing 4th Floor, Sena BhawanNew Delhi, the 1st April, 2011

OFFICE MEMORANDUM

Subject: Writ petition No.6804/2010 filed by Dr. VK Yadav Vs UoI and Others beforeHon’ble Delhi High Court

The undersigned is directed to invite attention to the reply to additional affidavit filed by ColonelDevendra Singh, MS (Legal) MS BR., Integrated HQrs, Ministry of Defence on behalf of RespondentsNo.1 to 6 in the subject case and this Secretariat OM of even number dated 9th Mar, 2011 and reminderdated 25th Mar, 2011 and to say that requisite information has not been received so far. Further, thereply to additional affidavit filed by MS (Legal) Branch has been further examined and following infirmitieshave been found:-

(i) As per the reply to additional affidavit, BRDB is not a Department of the CentralGovernment. But as per the Government orders of 1960 regarding constitution of BorderRoads Development Board (BRDB), it has the financial and other powers of aDepartment of Government.

(ii) As per the reply to additional affidevit, the ACC approval is not required for promotionand posting of DGBR. But as per Department of Personnel & Training OM No. 27/12/97-EO (ACC) dated 15th October, 1997 (copy enclosed), the power of appointment bypromotion/transfer on deputation/direct recruitment to post where in the salary (excludingallowances) or the maximum of the scale (grade) is Rs.6700/-(pre-revised) per monthor more, would continue to require the approval of the ACC? India service would alsorequire the approval of the ACC.

2. It is requested to examine the above infirmities and take further necessary action.

3. This issues with the approval of Secretary BRDB.

xx sd xx(Rampal Singh)

Under Secretary to the Govt of india

Military Secretary’s Branch(MS Legal)IHQ of MoD (Army), New Delhi

311


F.96 (1)/BRDB/90-Estt New DelhiDated 29th October, 1990.

ORDER

The question of ensuring 50:50 ratios between the Army and BRES officers of the rank of ChiefEngineers in the BRO has been under examination of Government for some time. The total number ofcadre posts in the rank of Chief Engineers in the BRO is 105 at the HQ DGBR and 13 at Project Hqrs.Apart from these 18 posts. BRES Chief Engineers is presently.

2. In order to ensure a 50:50 ratio between the Army and BRES officer in the rank of Chief Engineer,the Government has decided as follows:

(i) Nine posts of Chief Engineer as detailed

Here under shall be held each by the BRES

And army officers in the rank of Chief Engineers:-

A Posts to be held by B Posts to be held by

BRES CEs Army Officers

Srl Name of the post Srl Name of the postNo. No.

1. DDG (W&P) (HQ DGBR) 1. DDG (TP)(HQ DGBR)

2 DDG (Vig) 2. DDG (Pers) (HQ DGBR)

3 DDG (Bridges) (HQ DGBR) 3 Chief Engineer Project Beacon (Srinagar)

4 Chief Engineer Project Sewak (Dimapur) 4 Chief Engineer Project Sampark (Jammu)

5 Chief Engineer Project Sewak (Dimapur) 5 Chief Engineer Project Udayak (Dumduma)

6 Chief Engineer Project Pushpak (Aizwal) 6 Chief Engineer Project Deepak (Shimla)

7 Chief Engineer Project Hirak (Dhanbad) 7 Chief Engineer Project Swastk (Gangtok)

8 Chief Engineer Project Sethuk (Guwahati) 8 Chief Engineer Project Vartak (Tezpur)

9 Adviser NEC- Deputation post held by BRES 9 Chief Engineer Project Dnatak (Bhutan)

312

ii) The post of Chief Engineer, Project Himank (Leh) will be held in rotation by the BRESand the Army officers.

iii) The rotational manning of the post of Chief Engineer. Himank will be operative till thedeputation post in the NEC remains available or till there is variation in the number ofposts of Chief Engineer.

iv) In case the deputation post in NEC is no longer available, a suitable postshall be located in the BRO for the reverted BRES Chief Engineer.

v) No deviation shall be made from the decisions contained in this orderwithout specific Government orders.

xx-Sd-xx(KA Nambiars) 29.10.90Addl Secretary

To,

VCOSS/ Artillery Secretary/Engineer-In-Chief/DGBR/Addl GS (G)

313

No. F.62 (1)/BRDB/91 Estt.Government of India

Ministry of Surface TransportBorder Roads Development Board

‘B’ Wing, 4th Floor, Sena Bhawan,New Delhi-110011Dated: - 14 November, 1991.

Subject:- Manning policy in the General Reserve Engineer Force

It may be stated that the manning ratio it the level of Army Officers/CEs (Civil) has alreadybeen fixed at 50:50 vide this Deptt’s No. F.96 (1)/BRDB/90 Estt. Dated 29.10.1990.

2. The question of laying down manning ratios upto by the level of Col/equivalent in the GREF wasconsidered by the BRDB in its exacting held on 28.08.91. The Board after due consideration, haveapproved the following manning ratios:-

Army BRES

(a) Col./eqvt. Lt. Col/Supdtg. Engineer 55 45

(b) Major/Executive Engineer. 35 65

(c) Capt/Asstt. Executive Engineer 20 80

3. As regards the Elect. & Mech. Engineering cadre in view of the fact that cadre review proposalare under examination, no manning ratios have been fixed by the Board.

4. Dir. (EV) has seen.

xxx-sd-xxx(M Anjaneyulu)


Dte.GBR

(Brig. S.K. Puri, DDG (Pers) F. No. BRDB/14/256/2010/GE-I

314

No BRDB/06/35/90/GE-I

GOVERNMENT OF INDIAMINISTRY OF ROAD TRANSPORT AND HIGHWAYS


New Delhi, dated the 25th August, 2010

OFFICE MEMORANDUM

Subject : Manning policy in the Border Roads Organization

The policy for manning the post of Project Chief Engineer among BRES officers and Armyofficers is governed by Govt. Of India Order No F. 96 (1)/BRDB)90-Estt dated 29.10.1990. Since 1990,some new project have come up and need has been fell to review the existing policy. The matter hasbeen deliberated in detail and in order to ensure better utilisation of manpower and to maintain compositenature of BRO, following have been decided.

(i) Considering the strategic significance of Dantak and Beacon Project these Project headsshould be preferably manned by Army Engineer till a policy decision is taken otherwise.

(ii) All other Project Heads will be rotated between army and BRES (GREF) Chief Engineersturn by turn.

(iii) The tenure of army officers and BRES (GREF) engineers for a post will be same.

(iv) As far as possible, wherever the Project Head is a BRES (GREF) Chief Engineer, thenext 2nd – in command should be Colonel Similarly wherever the Project Head is ArmyEngineer the 2nd-in-command should be Superintending Engineer level officers.

(v) In the HQ Dte GBR the posts of DDG (TP) and DDG (Pers) will also be rotated betweenArmy and BRES (GREF) Chief Engineer level officers.

(vi) Manning ratio as fixed by the Government already must be adhered to at all levels

(vii) In a Project the Project Head and all Task Force Commanders Will not belong to onlyone stream i.e. they should be both from Army and BRES (GREF) streams

(viii) Present incumbents will not be disturbed till they complete their tenure. Rotation will beimplemented after the completion of tenure of present incumbent on above posts

2. No deviation shall be made from the decisions contained in this order without specificGovernment orders.

3. This order will come into force with immediate effect

4. This issues with the approval of RM.

(RAMENDRA PRATAP SHUKLA)Under Secretary to the Govt of India

To,

Lt Gen MC Badhani, VSM - for information and complianceDGBRSeema Sadak BhawanRing RoadNaraina Delhi CanttNew Delhi

315

Government of IndiaMinistry of Road Transport & Highways


‘B’, Wing 4th Floor, Sena Bhawan,New Delhi, the 20th October, 2011

To,

The Director General Border RoadsSeema Sadak, Bhawan,Ring Road, Delhi CanttNew Delhi 1100101.

Subject: Enhancement of leave in respect of member of General Reserve EngineerForce (GREF)

Sir,

I am directed to convey the sanction of the President of India to enhance Earned Leave from 30days to 60 days and Casual Leave from 12 days to 15 days to the member of General Reserve EngineerForce in a calendar year, serving in the units/establishments of BRO which work on 06 days weekbasis.

2. The leave account of such members shall be credited with earned leave in advance in twoinstallments of 30 days each on the 1st of January and 1st July every year subject to the followingconditions namely :-

(a) the leave at credit of such member at the close of the previous half year shall be carriedforward to the next half-year, subject to the condition that the leave so carried forwardplus the credit for the half-year does not exceed the maximum limit as specified inCentral Civil Services (Leave) Rule, 1972, which is 300 days at present.

(b) earned leave shall be credited to the leave account of a member of the force or enrolledperson at the rat of 5 days of each completed calendar month of service which he islikely to render in a half year of the calendar year in which he is appointed or is transferredfrom where unit/establishment work 06 days week basis.

(c) the credit for the half year in which such member is due to retire or resigns from theservice or is transferred from where unit/establishment Work 06 days week basis towhere unit/establishment work 05 days week basis shall be afforded only at the rate of5 days per completed calendar month up to the date of retirement, resignation or transferas the case may be.

(d) When such member, working in a unit/establishment on 06 days week basis, is removedor dismissed from service or dies while in service, credit of earned leave shall be allowedat the rate of 5 days per completed calendar month which he is removed or dismissedfrom the service or dies in service.

(e) While affording credit of earned leave, fractions of a day shall be rounded off to thenearest day.

3. There are no changes in the entitlement of Half Pay Leave and Restricted Holidays.

316

4. All the provisions of Central Civil Services (Leave) Rules 1972 will continue to apply as amendedfrom time to time.

5. These orders will be effective from the date of issue of this letter.

6. This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide theirID No. 338/E. V/2011 dated 17.10.2011 and DoPT Estt. (Leave) section U.O. No 13026/2/2011-Estt (L)dated 19.10.2011.

xxx—sd—xxx(Manmohan Pipil)

Under Secretary to Govt of IndiaCopy to:-

1. Ministry of Finance (Department of Expenditure, North Block, New Delhi- Wrt their ID No.338/E. V/2011 dated 17.10.2011

2. DoP&T Estt. (Leave) Section, North Block, New Delhi wrt their U.O. No 13026/2/2011-Estt. (L)Dated 19.10.2011

3. Ministry of Defence (Fin/BR). 4th Floor, Sena Bhawan, New Delhi

4. Office of the CGDA Ulan Batal Road, Palam, Delhi Cantt New Delhi-10

5. PCDA (BR), Seema Sadak Bhawan, Ring Road, Delhi Cantt, New Delhi-

6. PCDA Allahabad, Draupati, Ghat, Allahabad

7. IFA (BR), Seema Sadak Bhawan, Ring Road, Delhi Cantt, New Delhi-0

8. PAO (GREF), Care GREF Centre, Dighi Camp, Pune-15

9. Office Copy

xxx—sd—xxx(Manmohan Pipil)

Under Secretary to Govt of India

317

Sr TITLE Date Page No.No

1 Cab Sectt. OM— Development of Roads in Border Areas 14-Mar-60 202

2 Cab Sectt— Development of Roads - Border Roads 14-Mar-60 204

3 BRDB letter— Minutes of 2nd (60) meeting of BRDB 19-May-60 301

4 Raising of GREF 16-Jun-60 86

5 BRDB letter-Organisation & Requirement of FREF 15-Jul-60 304

6 Army HQ letter—BRO independently under BRDB ,NOT under Army 18-Aug-60 306

7 OM of BRDB-Economic Dev in North & North-East,Composition of BRDB 19-Aug-60 206

8 The Govt of India (Transaction of Business) Rules 14-Jan-61 176

9 GREF Recruitment Rules 1968 20-Jul-68 136

10 The Gazette of India Publication 25-Jan-69 136

11 Deputation Of Service Officers (From Army) 25-feb-70 44

In Civil Appointment-procedures And Terms And Conditions

12 BRDB letter— Future Programme of BRDB 20-Mar-72 232

13 The Gazette of India Publication -R&P Rules 1977 12-Nov-77 160

14 Lok Sabha Question-GREF Employees administrative control 1-Apr-81 242

15 Manning Policy & Inter disciplinary changes in BRO (GREF) 27-Aug-81 40

16 Status of GREF-Integral Part of Army for purpose of Art. 33 14-Aug-85 254

17 Deployment of BROs units during Operation-Procedure to be adopted 22-Sep-85

18 Defence Service Regulation Vol I (Rev) 1987 81

19 Ad hoc Appointment-Revision of Instruction on 30-Mar-88 192

20 Amendment to Rules of Business of the BRDB 22-Jun-88 266

21 Minutes of BRDB meet 22nd June 88 22-Jun-88 265

22 R& P Rule -amendment to Rectt. Rules Gr. A-1988 5-Nov-88 153

23 BRDB letter— Assignment of duties and functioning to Addl DGBR 9-Jun-89

24 BRDB letter-Manning Policy-Post to be held by BRES & Army Officers 29-Oct-90 311

25 BRDB letter- Manning policy in GREF 14-Nov-91 313

26 Misleading information by Brig SK Ganguly, CE, Vartak 19-Jan-94 240

27 Non-requirement of GREF in OP-Works-BRDB Letter 24-Mar-98 38

28 Brdb Id-operational Requirement of 30 Tf &34 Pnr Coys 24-Mar-98 38

29 Allocation of BRO Resources during operation-BRDB letter 13-Mar-00 39

30 Implementation of 5th CPC Recommendation-EE(NFSG)-MES 2-Aug-00

31 Supreme Court Order — Ram Kali vs UoI 21-Feb-01 197

GLOSSARY OF GOVT. LETTERS/POLICIES

318

32 MoRTH —Estt. Notification 18-May-04 208

33 Sanction of Posts in BRO-Restructuring 20-Dec-06

34 BRDB letter - Sanction of Posts in BRO-Restructuring by Def Secy 20-Dec-06 66

35 Equivalency of GREF VS Army Officers- Gazette Notification 12-Feb-07 24

36 Cab Secy letter — Cadre Review Once in Five Year 29-Apr-08 222

37 Category of posting of Lt Col to be treated as deputation 27-Jan-09 121

38 BRDB OM-Rotation Policy in BRO 25-Aug-10 314

39 Role of CPIO & Transparency Officer 9-Dec-10 7

40 Recruitment of Manpower :Reply to Agenda point BRDB meet held 5//2011

on 05 May 2011 at Conf hall HQ DGBR

41 Appointment of Transparency officer 19-Jan-11 4

42 MoD letter- Appointment to the post of DGBR 1-Mar-11 172

43 RTI-DGBR Post not Under ambit of IHQ of MoD (Army) 11-Mar-11 175

44 DoPT OM— Procedure to be observed by DPC model 11-Mar-11 111

calender and related matters

45 BRDB OM— Writ petition No.6804/2010 filed by 1-Apr-11 310

Dr VK Yadav VS UoI in Delhi High Court

46 DoPT OM -6th CPC recommendation-amendment of Service Rules 8-Jul-11 62

47 Enhancement of leave of GREF personnel 20-Oct-11 315

48 DoPT OM-Timely submission of ACC proposals 24-Oct-11 100

49 BRDB OM- Framing of GREF Act 2011 2-Dec-11 121

50 Framing of GREF Act 20-Dec-11

51 MoD-RM letter- Corrupt Practice of posting Junior Army Officer (Brig) 23-Jan-12 118

against higher post of GREF Chief Engineer

52 MoD RM letter- Claim of GREF employee for pension at par with Army 24-Feb-12 130

53 The Administrative Tribunal Act 1985 27-Feb-12 131

54 BRDB meeting notice—Posting/Transfer in BRO 9-May-12 185

55 BRDB ID: Framing of RR for the post of DGBR 26-Jul-12 295

56 Rule of Business of BRDB 227

57 Organisation set up of BRO ,Function & composition of BRDB 92

58 Appointment requiring the Approval of ACC 189

59 Revised Rules of Busines of BRDB 182

60 MoD - Deployment of BROs units during Operation-Procedure to be

adopted by Jt Secy(G)

Documents

Compendium on Transparency in BRO - GREF Employee's … · 22 Framing of GREF Act 201 1 7101 1/DGBR/160/ADG Sectt 20-Dec-1 1 105 23 Holding DPC for 2012-13 7101 1/DGBR/161 ... shall