(Recognsed by Govt: as per GO (MS) 259/66 dtd 23.06.1966)

www. agriassistant.org

PresidentTreasurerGn.Secretary

K.RamakrishnanV.N.PrasadSidhik V.M

‘Rohini’Varanattu(H)Vettikkal House

Thavannoor POParappuram POPrumpillichira PO

Malappuram DistrictEranakulamThodupuzha

Phone- 0494 2686358Ph-9846736101Phone-04862 221074

9446 4795219447 207135

To27.7.2010

The Secretary to Finance

Govt:Secretariat,

Thiruvananthapuram-1

Sir,

Sub:- 23 years’ Higher Grade of Agrl.Assistants-revised order-request-reg

Ref:-1. GO(P)No.3000/98 Fin dtd 25.11.1998

2.GO(MS)No. 140/200/AD dtd 22.5.2001

3.Letter No.23451/2002 dtd 2.9.2002 of Director of Agriculture

4.Hon:High Court order dtd 13.11.2002 against the WPC 33714/2002

5.Letter No.37472/EA2/2002/AD dtd 29.5.2003 of Director of Agriculture

6.GO(MS)151/04/AD dtd 22.7.2004

Kind attention is invited to the reference cited.

Agricultural Field officer is the one and only feeder category Gazetted promotion post of 3080 Agricultural Assistants across the state. Agricultural Assistants have been availed the Pay scale of Agricultural Field Officer(AFO) for 23 years higher grade since 5th Pay revision Commission.

As per the reference cited 1st ,the pay Scale of AFO has been enhanced to the lowest scale of State Services.ie-6500-10550.Before the issuance of the order it was not mandatory for Agricultural Assistants to acquire Test qualification because no specific qualification was assigned for AFO and hence Agricultural Assistants have been availed the 23 years higher Grade till the issuance of the order cited 2nd .

As per the reference cited 2nd dated 22.05.2001, the post of Agricultural Field Officer(AFO) has included in State Service and prescribed specific test qualification (Account Test Lower with in the period of the completion of probation.)has been introduced for the promotion to the post of AFO. The order clearly describes, if the candidate has not acquired Test qualification in two years (from the issuance of the order), the candidate can avail one additional chance.

Some Agricultural assistants availed 23 years Higher Grade had not acquired prescribed test qualificationduring the period between the issuance of the reference cited 2nd ,dated 22.05.2001 and reference cited 6th,dtd 22.7.2004. As per the reference cited 2nd even the promotee AFOs need only to be acquired Test qualification during their probation. But as far as 23 years’ Higher grade availed Agricultural Assistants were concerned, there is no probation period for them. Hence they did not acquire the test qualification.

The Principal Agricultural Officer, Malappuram had sought clarification from Director of Agriculture regarding the sanctioning of 23 years Higher grade to Agricultural assistants who did not acquire prescribed test qualification. As per the reference 3rdthe Director of Agriculture directed the Principal Agricultural Officer, Malappuram to follow the 6th para of the 7th Pay revision Commission(Not sanction 23 years’higher grade to Agrl.Assistants who did not possess Test qualification)for sanctioning 23 years’higher grade and re-examine the steps takenagainstthe 6th para of 7th PRC, if any.

In pursuance to the letter of the Director of Agriculture, Principal Agricultural Officers have cancelled the 23 years’ higher grade sanctioned to Agricultural Assistants who did not possess the prescribed Test. In these circumstances, on behalf of some affected Agricultural Assistants,Agricultural Assistants Association, Kerala had filed a writ petition before the Hon:High Court at Eranakulam. TheHon:High Court ordered in the petition (Ref-4) to consider the representation of the petitioners and drop action in pursuance to the order under challenge.

In pursuant to the Court order the Agricultural Prouduction Commissioner heared the Petetioners and declared that Agricultural Assistants will be eligible for the 23 years’Higher Grade.

As per the reference cited 6th a revised order has been issued, regarding the qualification of Agricultural Field Officer(AFO).But many Agricultural Assistants had aviled 23 years’ of Higher grade before the issuance of reference 6th cited.Hence the cancellation of higher grade availed before the issuance of the reference 6th ie-22.07.2004 is illegal , arbitrary, discriminatory and against humanitarian consideration due to the following grounds.

  1. No qualifications were assigned while those Agrl. Assistants availed 23 years’ higher grade.
  2. The revised order,reference 6th cited issued on 22.7.2004, which ignored the Agrl.Assistants who availed 23 years’ Higher Grade during the period from 25.11.1998 to 22.7.2004.
  3. The order referred 6th has only prospective effect, until which is silent about retrospective effect. Hence 3 years period of delay for a revised order was only an administrative reason not due to any mistake from the part of Agricultural Assistants who availed 23 years Grade.
  4. And many Agricultural Assistants who availed 23 years’ grade had retired from service without any cancellation of availed 23 years higher grade ,due to non possession of Test qualification.

Hence We humbly request, you to take steps to drop the action taken so far against the Agricultural Assistants who availed 23 years Grade without Test qualification during the period from 22.5.2001 to 22.07.2004 and a favourable order may be passed at the earliest.

Yours faithfully,

Sd/-

Sidhik VM

Enlosures

1. GO(P)No.3000/98 Fin dtd 25.11.1998

2.GO(MS)No. 140/200/AD dtd 22.5.2001

3.Letter No.23451/2002 dtd 2.9.2002 of Director of Agriculture

4.Hon:High Court order dtd 13.11.2002 against the WPC 33714/2002

5.Letter No.37472/EA2/2002/AD dtd 29.5.2003 of Director of Agriculture

6.GO(MS)151/04/AD dtd 22.7.2004