Sunday 3 November 2013

TRS Response to GoM

Telangana Rashtra Samithi (TRS) Response to
Group of Ministers on Telangana


A Group of Ministers (GOM) have been constituted by the Govt. of India.  Its hallowed objective is to take the process of Telangana formation forward. Since its inception in 2001, TRS, have been spearheading the movement of Telangana as a separate state.  The movement, based on Gandhian principles of non violence, has not only sustained but continues to forge ahead, regardless.  The tag line of the movement, all through has been NIDHULU, NEELLU and NIYAMAKALU (Funds, Waters & Jobs).

     In all, eleven Terms of Reference (ToR) have been communicated. After in-depth discussions, the considered response of the Party for each one of them is as follows:

ToR no: 1. Determine the boundaries of the new state of Telangana and the residuary state of Andhra Pradesh with reference to the electoral constituencies, judicial and statutory bodies, and other administrative units

As per the Cabinet resolution dated 3rd October 2013, Telangana state would consist of 10 districts with Hyderabad as its permanent capital. These district boundaries have stood the test of time for more than half a century. Therefore, these firm borders, circumscribing ten districts of Adilabad, Nizamabad, Karimnagar, Warangal, Khammam, Nalgonda, Mahboobnagar, Medak, Rangareddy and Hyderabad would constitute a robust Telangana State. As per the latest Delimitation exercise done during 2007, these 10 districts have been divided into 17 Parliamentary and further, 119 Assembly constituencies. During 2009, elections were also conducted smoothly. There is no overlap in any way. 

Moreover, these 119 Assembly constituencies plus one representing Anglo-Indian community would make the House 120 strong. This, precisely is the minimum requirement for constituting the Legislative Council.  The new State would surely require the guidance of elders.  Therefore, this critical strength of 120 Assembly constituencies just cannot be tinkered.

TRS firmly supports the above boundaries of Telangana State, as per the Cabinet resolution on 3rd October 2013.  It would not require any change in districts, parliamentary and Assembly constituency boundaries, whatsoever.




ToR no:2. Look into the legal and administrative measures required to ensure that both the state governments can function efficiently from Hyderabad as the common capital for 10 years.

Residuary state of Andhra Pradesh can conveniently function from a set of decent, dignified and spacious outfits located in close proximity within the city of Hyderabad. The Telangana state, with Hyderabad as its permanent capital, would, of course continue to function from existing outfits. This arrangement has been working well, right since 1948 onwards, even prior to the formation of Andhra Pradesh state.


ToR No: 3. Take into account the legal, financial and administrative measures that may be required for transition to a new capital of the residuary State of Andhra Pradesh

The location of the capital for residuary state should be decided expeditiously.  Core functionaries in Secretariat, a few HODs and Legislature can be shifted immediately. The entire capital complex can be made ready for occupation, well within two years. It would enthuse public servants of the residuary state. Moreover, it would be quite convenient for the five crore people to have their Government functioning, from their midst.

TRS reiterates that overall policing of Telangana, including Hyderabad city must remain with the new state.

ToR no: 4. Look into the special needs of the backward regions and districts of both the states and recommend measures.

85% of Telangana society consist of socially deprived sections including SC, ST, BC and minorities. Burden of illiteracy and malnutrition is rather heavy.  Infrastructural gaps in terms of irrigation, power and railways are quite substantial.  Whatever criteria is followed, backwardness of Telangana is a reality.

With this back ground, TRS demands that,
1.      One major irrigation project in Godavari and another in Krishna basin to be taken at national level.
2.      Railway lines, sanctioned in the past, must be completed expeditiously.
3.      An Indian Institute of Management, Indian Institute of Medical Sciences and a National Tribal University to be setup.
4.      The Planning Commission have identified eight out of ten districts as eligible under background region grant fund (BRGF). Adequate funding to these district namely, Adilabad, Nizamabad, Medak, Mahbubnagar, Nalgonda, Khammam,Warangal,and Karimnagar must continue, for at least one more decade.

ToR no: 5. Look into issues relating to law and order, safety and security of all residents and ensure peace and harmony in all regions and districts consequent to the formation of the state of Telangana and the residuary state of Andhra Pradesh, and the long term internal security implications arising out of the move and make suitable recommendations;

Movement for a separate state of Telangana is based on the Gandhian principles of nonviolence. Since its inceptions, there has been no case of attack by Telangana people on Seemandhra lot, even during the worst turbulent periods. None need be apprehended in future. All along, the Law & Order has been well maintained in A.P., particularly in Telangana.  Left-wing extremism, communal disturbances have been tackled and controlled successfully. Since, it is the State police, which has to deliver on the ground, the entire Law & Order subject can be safely dealt with by the new State of Telangana.

In 1953, there was stress between Andhras and Tamils.  Yet again, in 1960, Marathas and Gujratis faced the same challenge. In fact, while creating 28 States, the Centre did not take over any part of the administration, directly or indirectly on the ground of safety and security. Creation of Telangana, as the 29th State of Indian Union should be treated, at par now.


Judiciary

High Court, as the ultimate seat of justice and fair play at the state level must be independent and conflict free. But the present day reality of Hon. High Court of A.P is quite different. It has split down the middle, be it the Bench, the Bar or even clientele.  This perception has been shared by a bench of the Hon’ble Supreme Court of India also. Continuation of this split personality would vitiate the atmosphere further and inflict incalculable damage upon the morale of public, seeking justice and fair play.

Therefore, to uphold the dignity of the judiciary it is imperative to have independent High Courts for each successor state, immediately. It would also be just and fair to have a separate Bar Council for the new Telangana state. Provisions facilitating this must be included in the proposed Bill.




ToR no:6. Look into the sharing of river water, irrigation resources and other natural resources (especially coal, water, oil and gas) between the two states and also inter-se with other states, including the declaration of Polavaram Irrigation Project as a National Project.

            In 1955, the Fazal Ali Commission had recommended to keep Telangana as a separate state from the then Andhra. An important reason was that people were apprehensive of a raw deal in allocation and utilization of river waters.  To quote, “when plans for future development are taken into account, Telangana fears that the claims of this area may not receive adequate consideration in Vishalandhra.  Telangana does not wish lose its present independent rights in relation to utilization of the waters of the Krishna and the Godavari.”
           
In spite of categorical SRC’s recommendations, Telangana was force merged with Andhra.  All water projects in Godavari and Krishna basins were either forgotten or were heavily compromised.  Consequently, after 57 years of so called planned development, a mere 12.5 lakh acres of canal irrigation has benefitted Telangana.  In the meantime, 4.5 lakh acres of erstwhile tank irrigation has vanished.  Thus, only 8 lakh acres of flow irrigation have been added to Telangana’s vast cultivated geography of 1.25 crore acres.  Even, the prophetic Fazal Ali could not have imagined such a disastrous scenario.
           
In 1976, Bachawat Commission, appointed by the Government of India articulated the ongoing injustice.  The Commission observed that, ‘Telangana would have benefitted more, if it was a separate state’.   They finally awarded 811 thousand million cubic feet (tmc) of Krishna river water to Andhra Pradesh and fixed Telangana’s share at 298 tmc. In the case of Godavari, the award set aside 1480 tmc for Andhra Pradesh, of which Telangana’s share was 900 tmc. These awards have clearly allocated the legitimate share of Telangana.

TRS, accepts these awards. It would also insist to use its full and legitimate share, without any compromise, in the immediate future.

Brijesh Kumar Tribunal (BKT), after preliminary studies, have indicated that state of AP will get additional 190 TMC of water. The rulers, are yet again colluding to include projects illegally constructed in non-basin geography. The final award is yet to be made.

TRS demands that the final award be held in abeyance, till the State of Telangana makes its own submission. Its just claim for a fair share, within the basin must be considered by the BKT.




Polavaram irrigation project is located in Andhra area. However, the matter is before the Hon’ble Supreme Court. The dispute relates to huge submergence of tribal geographies in Orissa and Chattisgarh states. The new state of Telangana would also suffer submergence.

TRS demands that physical work on Polavaram should commence only after environmental issues, including wild life and R&R issues of tribals in Orissa, Chattisgarh and Telangana are addressed in a humane manner.    

TRS also demands that one national project on Godavari and another on Krishna in Telangana may be considered to benefit its vast dry geography. It would rectify the brutal neglect and historic injustice to some extent.


Coal


TRS demands that this historic and vital Telangana company remain under the direct control of the Telangana Government and all the shares held in it by the Government of Andhra Pradesh be transferred to Telangana Government.


Gas and Oil
            Krishna–Godavari basin, off the Bay of Bengal, is hydrocarbon rich.  Gas has already been found.  Oil may be struck, in future.  A fair share in hydrocarbons to Telangana would help it bridge its yawning historic energy gap.












ToR no: 7. Look into issues related to power generation, transmission and distribution between the two states.

In 1956, Telangana territory in the erstwhile Hyderabad state was a well lit area.  The dazzling capital city was known as ‘Uroos-al-Balad’ i.e. (a bride among cities).  But, due to planned plunder in power sector by the partisan rulers for over 57 years, Telangana society has been pushed back to dark ages.  A brief background would be in order.

In 1969, Jai Telangana agitation rose, peaked and was eventually crushed. But, the fragility of Andhra Pradesh as a composite State sunk deep in the psyche of ruling elite. Facilitated by partisan technocrats, 1000 MW planned as pithead thermal station at Manugur was shifted to Vijayawada. In the name of balanced regional development, stations were built far away, forcing heavy cost over burden due to long coal haulage. The required water was diverted from Krishna River, illegally. That was not all. Yet another 2680 MW station at Ramagundam was shifted to NTPC, while 560 MW capacities were given away to a private player. In all, more that 4000 MW of capacity was either diverted or handed over to other players. Over and above, yet another set of projects identified but not taken up, add upto another 4617 MW. In all, the denial of around 9000 MW of power projects to Telangana over five to six decades has rendered its landscape powerless.

After 57 years, just 2280 MW of thermal capacity is available in Telangana.  This, coupled with uncertain hydel energy, has played havoc with its economy. As power holiday silence industry, lakhs of workers were rendered jobless. As farm supply is uncertain, farmers remain awake round the clock, facing night hazards. Urban residents face double whammy. Sweating out during summers is accompanied with heavier tariff burden.

Base demand in Telangana needs additional 4000 MW of thermal power. Unrestricted demand would need another 1500 MW of additional power.  Hyderabad city alone needs 1000 -1500 MW of power.

In view of the huge gap between supply and demand of power, TRS demands:
A.     Setting up of a dedicated 4000 MW Ultra Mega Power Plant by NTPC in Telangana State with domestic coal linkage.
B.    Telangana may be allotted 60% share of the newly allotted coal blocks in Orissa and Chattisgarh.
C.    NTPC to set up a 1400 MW Natural Gas based power plant at Shankarapally, Ranga Reddy District with the priority fertilizer status.

ToR No: 8. Look into the issues arising on account of distribution of assets, public finance, public corporations and liabilities thereof between the two states;

Assets of state undertakings may be distributed based on their location and the areas of operation in the respective states.  Outstanding public debt and government guarantees should be divided based on project specific details. As ownership of projects would transfer to the respective state territories, the outstanding debt raised or guarantee offered should also migrate accordingly.

TRS demands that assets of Telangana prior to 1st November 1956 both immovable and movable should continue to vest with Telangana and these may not be taken into account as common assets to be distributed.

            The Hyderabad House, along with appurtenant land and buildings, located in New Delhi, was formerly a property of Hyderabad State.  Later on the main building was transferred to Govt. of India and in lieu thereof, 8 acres of land was allotted elsewhere.  Therefore, the entire remaining Complex along with 8 acres of land may be given to Telangana State.


ToR no: 9. Look into the issues relating to the distribution of the employees in the subordinate as well as All India Services between the two states.


            At the time of merger of Hyderabad state with the then Andhra state, the need for safeguards in many fields was recognized.  Employment for locals was one among them, as a part of Gentlemen’s Agreement.  Hence, Mulki Rules were in force. However, due to breach of safeguards, Telangana employees agitated. That came to be known as the famous 1969 Telangana Movement.  The Mulki Rules also stood the test of law and were upheld by the Hon’ble Supreme Court.  This was protested by the Seemandhra employees which resulted in 1972 Jai Andhra Agitation.  To appease the Andhra employees, Union Govt. prescribed six-point formula and Presidential Order was issued in 1975. Six-point formula divided A.P. state into six- Zones for locals at 80%, 70% and 60% for district, non-gazetted zonal, and gazetted zonal categories respectively.  However, this formula was also brazenly violated.
            Telangana employees contend that their plea for implementation of G.O 610 which is an off shoot of the P.O 1975 has fallen on deaf ears and zonal system of employment has been grossly violated. This has resulted in denial of employment to the locals and jobs meant for them were usurped by non local Seemandhra employees.


            Responding to the demand made by the Telangana employees Associations, A.P. Govt. caused enquiries occasionally.  Among them the One Man Commission headed by (late) J M Girglani, IAS made phenomenal contribution to the issue.  In his report among other things, his observations are as follows:

1.      Staff of Regional offices was treated as HOD staff and placed out of local cadre and PO.
2.      Deputation process has been misused.
3.      20%, 30% and 40% open quota was barred for locals.
4.      Zonal gazette posts were upgraded as state gazette posts and kept out of PO.
5.      Urban Authorities, State Public Sector Units, Autonomous Bodies were kept out of PO.
6.      Non Gazetted posts were made as Gazetted there by denying opportunities to the locals.
7.      Number of HODs were increased indiscriminately denying local reservations.
8.      City of Hyderabad is part of Zone VI but was treated as Zone VII and recruitment and postings were made.
(A copy of summary of findings of OMC is enclosed)

            The Telangana employees have suffered gross injustice at the hands of A.P. Govt.  Many non-locals who were recruited against quota of 20% (Dist. Category), 30% (Non-Gazetted category) and 40% (Gazetted category) have to be repatriated based on the definition of “local candidate” as defined in the Presidential Order 1975, and on the basis of nativity as reflected in the service registers.
           
As on today, there are 4,03,002 Govt. Employees (other than state level Govt. corporations) who are drawing salaries through the District Treasuries of Telangana, amounting to Rs.11,451 crores per annum.
           
In view of this huge financial implication, the new state Govt. of Telangana would like to critically and carefully go into the distribution of employees to reduce its financial burden.
           
As per our rough estimate, 30% of the Govt. employees, presently working in Telangana, belong to Seemandhra, and all these are illegally recruited over the decades.






All India Services

            The distribution of All India services is governed by the All India Services Act, 1951.  However, the following facts and figures are furnished for consideration and relaxation of certain Rules by GOI in the distribution and allocation of All India Services, namely, IAS, IPS and IFS (Indian Forest Service) to the newly created state of Telangana.
            Since Telangana has been a backward region, there are not many IAS, IPS and IFS officers in the present AP State cadre to fill up the “one third” insiders quota in the proposed distribution of these officers to Telangana State.
            If you take IAS, the cadre strength of AP State is 376.  Telangana State is likely to get a cadre strength of about 160 to 170; of which “one-third” should be insiders as per rules, i.e. about 60.  Whereas, there are only 27 IAS officers belonging to Telangana in AP cadre at present.  Thus there will be a shortfall of more than 50% in IAS officers to the fill up the ‘in-siders’ quota.

Similarly, in IPS as against the cadre strength of 258, there are only 20 IPS officers at present in AP from Telangana. In IFS, as against cadre strength of 149, there are only 15 IFS officers from Telangana.  Thus there will be a heavy shortfall of All India Service officers, who are native of Telangana area, in the proposed Telangana state.

In view of this peculiar situation, TRS demands that the Govt. of India may consider to relax the relevant Rules of the All-India Services cadre allocation, and to allow Telangana officers of IAS, IPS and IFS working elsewhere in the country to come and work in Telangana state, on their request, either on permanent cadre, transfer or on long deputation.

State Gazetted Officers

All Gazetted officers, who are wrongly recruited and promoted,  in violation of various safeguards provided to Telangana employees, have to be relocated to the residuary state of  Andhra on the basis of nativity, as reflected in the service register.

Subordinate Services

Many non locals who were recruited in Subordinate Services against quota of 20 % ( District category),  30% (Non Gazetted category ) and 40% ( Gazetted category ) have to be relocated based on the definition of “local candidate” as defined in the Presidential Order 1975 and on the basis of nativity as reflected in the service registers.



As on today, there are 4,03,002 Govt. Employees (other than state level Govt. corporations) who are drawing salaries through the District Treasuries of Telangana. As per quick estimates, 30% of the Govt. employees who are presently working in Telangana belong to Seemandhra. All of them have been  illegally recruited over decades. In view of this, Govt. of Telangana would carefully go into the distribution of employees in each unit office of government, educational institutions and public sector.


Pensioners

The burden of paying the pensioners in the category of All India Services, who retired from Hyderabad and drawing pension from Hyderabad treasury, has to be shared by both the State Govts, after formation, based on the nativity for ‘insiders’ and length of field service for ‘outsiders’.
With regard to state Govt. officers and staff, the pensioners have to be divided based on their nativity as reflected in their SRs, and the respective state governments should bear their pension commitments.

This is because, in Hyderabad, twin cities alone, there are 92,302 pensioners, with an annual commitment of Rs.2070 crores pension amount to Hyderabad treasury; and definitely all these pensioners do not belong to Telangana alone.

As on 31st March, 2013, there are 2.34 lakh pensioners who are drawing their pension through the ten Telangana District Treasuries to the tune of Rs.417 crores per month ( and Rs.5004 crores per annum).

Hence, TRS demands that Telangana Government would review each and every case of the pensioner who is presently drawing pension from Telangana district Treasuries and take appropriate decision based on nativity criteria.


ToR No: 10. Look into the issues arising out of the Presidential Order issued under Article 371D of the Constitution consequent to the bifurcation and

TRS is agreeable that Article 371-D should continue with a textual amendment, adding the name of the new State to the Article.

An appropriate new Presidential Order will be requested by the Telangana Government . On division of the state, there will be distribution of staff between the two States, which is not the same as loss of jobs. All the officers and staff, who are presently working in AP Govt., on distribution, have to work in the same and corresponding posts of the successor states, to which they are allotted.

ToR no: 11. Examine any other matter that may arise on account of bifurcation of the state of Andhra Pradesh and make suitable recommendations.


Since its inception in 1956, a planned plunder of Telangana wealth, be it on land, water, mineral or financial resources has been a perennial reality. Huge chunks of lands are in illegal occupation of politico-entrepreneurs. Massive water flows, at times enveloping the entire river basin have been diverted to non basin geographies.  Mineral wealth, especially coal has also been allocated to power stations situated 230 km to 560 km away, rather than establishing most viable pit head thermal stations in Telangana itself. All these partisan ventures needed a ruling class supported by crony capitalists. More than that, they needed continuous supply of financial resources to ground these illegal projects. That is where the state budget came in handy. Like an Akshaypatra,  it offered an inexhaustible source of perennial plunder. A modest attempt is made to quantify this diversion.

On 01.11.1956, State of Andhra Pradesh came into being. Budget exercise got underway. Five year plans were conceived, launched and implemented. To start with, focus was on major irrigation and power projects. But later on, especially during eighties, it diversified towards social welfare and family based entitlements.  During 21st Century, especially from 2004 onwards, massive irrigation projects, without any permission have been launched simultaneously. Thick outlays have drained out resources.  But, thin outcomes are hard to be traced on ground. Meanwhile, an ever expanding welfare balloon has subsumed demography. Therefore, lately, irrigation and power projects coupled with social and family welfare schemes constitute the major components of plan expenditure.

Rs. 51.38 Crores was the plan expenditure in 1960-61.  Since then, A. P. has sky rocketed to a plan expenditure of 49,976.58 Crores in 2012-13. Accounting for inflation, it is still 32 times in real terms. Escalating expenditure has followed an exponential, rather than a straight line path.   A simple calculation would show that cumulative plan expenditure in Andhra Pradesh over last 53 years has been 6.68 lakh crores at current price level. This has mainly been spent on major projects and welfare schemes. 20% outcomes in irrigation, 30% outcomes in power and 35% white cards beneficiaries under social welfare has accrued to Telangana. Taking weighted averages, not more than 29% plan funds have reached Telangana land and its people.  But, its contribution in terms of State Owned Tax Revenue (SOTR) has been more than 55% of State revenues. Therefore, 26% of Plan funds, aggregating to 1.73 lakh crores have been diverted away during the last 53 years.  It is a conservative estimate of historic plunder of Telangana, after its forced merger with Andhra Pradesh.

The total non-plan expenditure since 1956 till 2013 is 11.87 lakh crores at current price level. It is mostly accounted for by routine yet compulsory expenditure like pensions, salaries to government employees, teachers and doctors. Another area consists of maintenance of public assets like government buildings, water bodies and roads. Certain schemes, after withdrawal of plan funding,  too fall under non-plan category.

25% pensioners, 35% government employees and 40% teachers form one segment. Then, 35% white card holders constitute another segment. On the whole, taking weighted averages, Telangana accounts for 35% of non-plan expenditure. Yet again, contributing 55% of state revenue, a diversion of 20% aggregating to 2.37 lakh crores has been another painful reality for Telangana.

Therefore the total diversion amounts to 1.73+2.37=4.10 lakh cores. This is just the financial aspect. In economic terms, loss of productivity of agriculture due to neglect of its irrigation sources is estimated at Rs. 4,53,392 crores. To top it all, denial of public employment opportunities to at least 2.5 lakh of its youth, over two generations has weakened its social fabric. The collective plunder of Telangana society, in socio-economic terms, has indeed been horrendous. 

TRS demands that being the consistent loser, Telangana needs an appropriate compensatory package to mitigate the historic injustice. 



K. Chandrasekhar Rao
President, Telangana Rashtra Samithi,
Telangana Bhavan, Banjara Hills,
Hyderabad.


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