Before the
MAHARASHTRA ELECTRICITY REGULATORY COMMISSION
13th
floor, Centre No.1, World Trade Centre, Cuffe Parade, Mumbai 400 005.
Tel. 22163964 /
22163965, Fax No. 22163976
E-mail mercindia@mercindia.com
Website: www.mercindia.com
CASE No. 1 of 1999
In the matter of
Determination of
tariff applicable to various categories of consumers
of Maharashtra State Electricity Board.
Shri P. Subrahmanyam, Chairman
Shri Jayant Deo, Member
Dr Pramod Deo, Member
CLARIFICATORY ORDER
Dated: April 21, 2003
In
its Order dated 5th May, 2000 in Case No.1 of 1999 regarding the
determination of the tariff applicable to consumers of the Maharashtra State
Electricity Board (MSEB), the Commission had directed, interalia, that no
recruitment be done for positions falling vacant in Pay Groups III and IV
by MSEB The Commission also stated its broad agreement with the recommendations
of the Rajadhyaksha Committee and directed MSEB to implement the decisions
approved by the Government in this regard in the next two to three years.
In particular, the Commission directed MSEB to carry out industrial
engineering studies in this connection, as recommended in the Rajadhyaksha
Committee Report. The context, objectives and rationale for these
directives have been set out in the Order. Moreover, the report of the National Productivity Council, submitted
by MSEB to the Commission subsequently, shows, on various comparative indicators,
the number and proportion of Group III and IV employees in MSEB to be high
in relation to other Electricity Boards.
2. It has come to the Commission’s notice,
through the letter dated 25.2.2003 from the Minister of State (General Administration),
Government of Maharashtra, by MSEB under their letter dated 11.12.2002, and
other communications that the Commission’s directives restricting recruitment
to Group III and IV posts have been interpreted as preventing MSEB from filling
the backlog of vacant posts reserved for backward classes, inspite of State
Government orders from time to time.
3. Apart from the fact that reservation of
posts in public employment for backward classes has been mandated under Articles
15, 16, 46 and 335 of the Constitution, the concept of 'backlog' in respect
of posts reserved for the backward classes is not related to current vacancies,
but to the vacancies remaining unfilled in previous recruitment exercises.
As clarified by the State Government under General Administration Department’s
Circular No. BCC-2002/1306/16-B dated 2.1.2003, such backlog is in the nature
of vacancies carried forward from previous recruitment exercises, and which
could not be filled at that time in accordance with the prescribed roster
for want of suitable candidates.
4. In view of the position set out above, the Commission deems it
necessary to clarify through this Order that its directives restricting recruitment
in Groups III and IV of MSEB does not apply to recruitment to fill the backlog
of posts reserved for backward classes to the extent of the vacancies carried
forward upto 5.5.2000, i.e. the date of the Commission’s original Order, since
such vacancies have been carried forward from recruitment exercises which
predate that Order. However, this
would be subject to the condition that the total number of employees in Groups
III and IV as on 5.5.2000 would not be exceeded as a result.
5. The determination of the backlog of posts
reserved for the backward classes upto 5.5.2000 should be done strictly in
accordance with the definition of such backlog contained in the State Government
Circular dated 2.1.2003 referred to above.
MSEB should furnish to the Commission the category-wise number of vacant
posts constituting the backlog to be filled by recruitment as on 5.5.2000,
along with the financial implications of filling them, within a month for
information.
| Sd/- | Sd/- | Sd/- | |
| (Jayant Deo) | (Dr Pramod Deo) | (P. Subrahmanyam) |
|
| Member | Member | Chairman, MERC |
|
| (A.M. Khan) | |||
| Secretary, MERC | |||
|
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