• Upgradation-promotion dichotomy concerning a post

Sub.: UPGRADATION — PROMOTION dichotomy concerning the post of Chief Vector Control Officer of Kolkata Municipal Corporation (KMC) 

Let me introduce myself. I am Dr. Debashis Biswas (M.Sc., PhD), the Chief Vector Control Officer at Kolkata Municipal Corporation (KMC). 

MY PROBLEM:

After qualifying the selection test conducted by the Municipal Service Commission, I joined the Health Department of KMC as the KMC’s only Vector Control Officer (VCO), in the scale of pay akin to that of a Medical Officer. The post of VCO is a single post and this post does not have any promotional scope. 

On 9 June 2014, the proposition of Chief Municipal Health Officer (CMHO) for upgrading the post of VCO to the post of Chief VCO akin to that of a Deputy CMHO in the Pay Scale of PB-4B Rs. 28000-52000/ + G.Pay-7600, under the Health Department of KMC was passed in the meeting of the Mayor-in-Council (MIC, the highest policy-making body in KMC). On 27 June 2014, an official order for manning the post of Chief VCO was issued by the Municipal Commissioner of KMC to implement the MIC resolution. 

Having fulfilled the Requisite Qualifications as specified in the MIC resolution, I joined the upgraded post of Chief VCO on 1 July 2014. R/Rs and Job description for the post of Chief VCO, as proposed by the Chief Municipal Health Officer for seeking MIC approval, are given below:

PROPOSED R/RS FOR THE POST OF CHIEF VCO: 
1.	Must have a degree of PhD on bionomics of a vector mosquito.
2.	At least 20 years of working experience in the capacity of Vector Control Officer.
3.	Ability to undertake research on population dynamics of vector mosquitoes.
4.	Evidences of publication of research articles in reputed medical journals.

JOB DESCRIPTION FOR THE CHIEF VCO

A.	The official rank/status of the Chief VCO will be akin to that of a Deputy Chief Municipal Health Officer (Deputy CMHO) of KMC and hence the Pay Scale of the Chief VCO will be at par with the Pay Scale of a Deputy CMHO.
B.	The Chief VCO will remain accountable to the Chief Municipal Health Officer for his official activities. And his duties and job responsibilities will be as follows:

?	He will help the Health Authorities of KMC in planning and implementing vector control strategies.
?	He will help the Chief Municipal Health Officer (CMHO) in preparing annual budget for vector control.
?	He will look after day-to-day activities of the Vector Control Department.
?	He will provide technical guidance to Consultant Entomologists in studying Vector Dynamics and steer their activities.
?	He will plan and conduct in-house training programmes on vector control with the assistance of Consultant Entomologists.
?	He will oversee the ongoing larvicidal spray in canals using KMC-owned rowing-boats as transport.
?	He will assist CMHO in planning and implementing IEC activities.
?	He will assist CMHO prepare action plan and reports on vector control activities.
?	He will coordinate on behalf of CMHO with the DMC (Supply)/CS&P for procurement of insecticides and equipment, etc for vector control activities in different boroughs.
?	He will do any other job as and when asked by the higher authorities.

Is the post of Chief VCO a promotional post? On 12 August 2014, the learned Chief Municipal Law Officer of KMC gave this opinion in writing: “The newly created post of Chief VCO appears to be a PROMOTIONAL POST since there is a requirement of 20 years of working experience in the capacity of VCO which to my mind appears to be a criterion akin to the promotional post.” The opinion of the Chief Municipal Law Officer reached my office through the Chief Manager of Personnel Department and the Chief Municipal Health Officer of the Health Department. Since I had already been enjoying the pay scale of a Deputy CMHO under the Career Advancement Scheme for completing 20 years of service, only a notional benefit (i.e. one increment) was given to me by my office to justify my promotion, following the guidelines of the ROPA-2009, and since then I have been getting such a benefit every month. 

On 26 August 2014, a proposal seeking endorsement of the fixation of my pay-structure together with the opinion of the Chief Municipal Law Officer was sent by my office to the Accounts Department of KMC. After a period of long 5 months, the proposal came back to my office with a note of the Additional Controller of Municipal Finance & Accounts (Additional CMF&A) of KMC duly ratified by the CMF&A. The Additional CMF&A wrote: “…The post of Chief VCO is an UPGRADED ONE and PROMOTIONAL FIXATION is not applicable.” Clearly, I will now have to return the whole amount I have drawn so far as notional benefit since July 2014. I am shocked. I am utterly confused.  

MY SPECIFIC QUERIES: 

1.	Is the post of Chief VCO a promotional post?
2.	Is the Chief VCO entitled to get a NOTIONAL BENEFIT? 
3.	For upgrading the post of VCO to the post of Chief VCO, the Health Department inserted R/Rs (as mentioned above) in its proposal (on the basis of which the MIC resolution was passed), besides surrendering three posts in the category of D and freezing the post of VCO till the date of my retirement from the post of Chief VCO. If the post of Chief VCO is not a promotional post, then why did the Health Department of KMC do all this?

PLEASE SUGGEST WHAT I OUGHT TO DO NOW GIVEN THE SITUATION EVOLVED.  


Dr. Debasish Biswas
Chief VCO, KMC
Asked 1 year ago in Civil Law from Kolkata, West Bengal
1. From what has been mentioned in the query, it appears that a new post of Chief VCO has been created and the post of VCO has not been upgraded to Chief VCO,

2. You have mentioned "On 27 June 2014, an official order for manning the post of Chief VCO was issued by the Municipal Commissioner of KMC to implement the MIC resolutio". The office order is required to be perused to advise properly. has it been mentioned that the post of VCO is hereby upgraded to Chief VCO and there will be no post of VCO in KMC henceforth?

3. If the post of VCO occupied by you was not upgraded and renamed as Chief VCO, then you are not entitle to the notional benifit,

4. KMC is required to release advertisement for filling up the post of Chief VCO and you being qualified to apply for the same should apply for the said post and if recruited will occupy the post of Chief VCO.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) in  June 2014, the proposition of Chief Municipal Health Officer (CMHO) for upgrading the post of VCO to the post of Chief VCO  was passed by the mayor council; 

2) further official order was issued to implement said resolution in june 2014 . 

3) on 1st july 2014 you have taken office as chief VCO 

4) chief law officer has opined it is promotional post 

5) however additional controller of finance has held it is upgraded post and not promotional post and disregarded opinion of chief law officer 
6)it appears your post is promotional post as you need 20 years experience as VCO  . the opinion of chief law officer is clear and should be relied upon to justify your contention that it is promotional post . 

7) you are entitled to notional benefit 

4)
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) in your further post it is clarified by you that muncipal corporation has specified in its order that it is upgraded post and on your retirement  as chief VCO it will revert back to VCO 

2) you would be entitled to notional benefits as per chief Muncipial law officer opinion that it is promotional post
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Things have now been made clear by your 2nd post,

2. Your post od VCO has been upgraded to the post of Choef VCO and it has been celarly mentioned that af ter your retirement, the said post of Chief VCO will be reverted to VCO,

3. Your post has been clearly upgraded,

4. Because of the  upgradation of your post, you are required to be paid salary alongwith all increments to be calculated as per  the pay scale fixed for the post of Chief VCO,

5. You are hence entitled to notional benifit for the said upgradation of your post to the post of Chief VCO,

6. Take up the matter with higher authorities.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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