Tuesday, November 22, 2011

Railway Protection Force-- justice delayed justice denied-- delay in conducting DPCs- Class-I-Group'A' Cadre Post -ASCs (Promotes) sufferers and others benefited- on account of ADMN.Delays-Pray justice- onducting regular DPCs- Class_I-Group'A' Cadre- ADHOC ASCs sufferers on Admn. ACCOUNT Offic;ers vicitimised for no fault and others benefitted-- justice prayed--


Honoured Sir, I am struggling through all the sources, to get this matter of delaying /holding of DPCs in the RPF /Ministry of Railways on the reasons best known to the ADMINISTRATORS by which the ad-hoc promote officers of Group'A' Cadre Post at the rank of Asst. Security Commissioners are force to work in the same cadre without confirmation and promotion for several years and made to retire even after serving several years as such, and the juniors are being given promotions to higher ranks and pay benefits, kindly   do justice...
{As it is , we are the victims of the VI CPC- MACP Scheme which was implemented from 01-09-2008 as against 01-01-2006 and we lost the chance of DSC promotion/pensions benefits, etc..}
Constitution of India is the written AND codified document which outlines an elaborate system for the government to work. Its objective is “ACCESS TO JUSTICE FOR ALL”, so that justice is not denied to citizens by reasons of economic or other disabilities. The core value of our constitutional philosophy, as reflected in its preamble, is the dignity of individual which is the essence of human rights, demands, not merely the civil or political rights but also economic, social, and cultural rights
This is a case wherein I have been victimized and become the victim for the delays and negligence of the Ministry of Railways, Railway Board, RPF (Railway Protection Force), New Delhi and deprived of my DIGNITY IN THE SOCIETY AND LOWERED MY STATUS in the FORCE/society BY IGNORING MY SENIORITY AND STATUS. This matter has come to my notice just in this Month-July,2011,through my Juniors-who had been given promotion to the rank of DSCs/RPF in the wake of belated announcement of DPC (in Aug,2009)for the Vacancies of 2005/06 in which my name has been dropped and deleted, for no fault of mine.
• I have served the Ministry of Railways/Railway Protection Force- from 1970 to Aug, 2006 and retired on 31-8-2006 on superannuation after serving  as ASC (ADHOC).•  I have joined the Railways/RPF as direct SI, got promotion as Inspector in 1984, promoted and appointed to Group ’A’ Cadre Post as Asst. Security Commissioner/RPF in May, 2002, worked as such continuously up to Aug, 2006 and retired, without regularization and promotion to the rank of DSC, but for the administrative delays in conducting regular and timely DPCs.
• My name stands in the consolidated list of promote-ASCs working on adhoc basis since 2002, Notification for regularization circulated in April, 2006-(Ministry of Railways ’Notification’ No: 2006-Sec (E)/PM-2/14 dated 04-8-2006).• From amongst this consolidated list of ASCs (adhoc) for regularization/confirmation for 2005-09, DPC found to have been held and Panel names made out in Aug, 2009(delayed).• But my name dropped on the plea that I have retired from service in Aug, 2006. But all my juniors/ADHOC ASCs services have been counted from the date of their adhoc- for promotion to the rank of DSCs/RPF/adhoc.
• This happened but for the administrative delay and my name omitted and dropped from the Panel list of 2005 and 2006.
• In W.P.No:6631/2002 and WPMP No.9156/2002- of Honourable High Court of Madras, Judgment/Order-it...contain”…it has been repeatedly held by the Supreme Court that the DPC should sit for every year regularly before the appointed date and that the case of eligible candidates within the one of consideration should be dealt with…”....
• The Honourable High Court of Delhi had given’ Directions/Orders’ to the RPF/Railway Board- in WP(C) Nos: 12612 to 12615 of 2004- vide ‘Final Order’ dated 07-02-2006 to conduct DPC and finalize the lists not later than-on or before 15-4-2006 – it is found that the same not done-ignored, DPC held /Panel names declared in Aug, 2009.
• Had this been implemented in true spirit before April, 2006, my name could have come in the Panel List of 2005/06, I too could have been retired as DSC (adhoc), as I have also completed three years and above service (May, 02-Aug, 06) as ASC to become eligible to get promotion as DSC/adhoc in the existing vacancies at par with my Juniors.
• By Ministry of Railways, ‘Notification’ dated 04-8-2009- Honourable President of India’s approval and appointment of 42 Inspectors (adhoc ASCs) as Regularized ASCs/RPF with effect from 18-5-2009,-vis-à-vis release of Panels for the years from 2005 to 2008-regularising ASCs adhoc and channeling for promotion to the rank of DSCs/RPF/adhoc for all who have completed 3 years and above service as ASCs, in which my name dropped from Panel List, but for administration Delays in holding the DPCs in time.
• By this delay, caused by RPF/Railway Board has paved the way and become the cause for my  degradation and lowering of my ‘Dignity’ in the society and in not getting regularization in time/in April, 2006 itself, while I was in service and in not getting promotion to the rank of DSC/RPF itself before my retirement.
• My Dignity and Status at par with my juniors was barred, my Pension benefits denied and deprived of Fundamental Rights, natural justice denied-Juniors benefited, since/only because my name omitted and dropped from the Panel lists by the DPCs, delayed by 3 years.
• Several WPs, etc., can be seen like, W.P.No:4722/1985 &W.P.No:15143/1990 of Honourable High Court of Andhra Pradesh; W.P. No: 6631/2002 of Honourable High Court of Madras; WP(C)Nos: 12612 to 12615 of 2004-‘Final Order’ dated 07-02-2006 of the Honourable High Court of Delhi, where the Railway board/RPF were give :Direction/Order’ in regard to administrative delays shall not be rubbed on the employees, etc...For holding of timely DPCs to promote Inspectors (that is adhoc ASCs) on regular basis duly conducting the DPCs to fill up the existing vacancies as arise against each such year, has been found to have dealt with....
• Under the above circumstances, I pray that the seniority and eligibility criteria of ADHOC ASCs be made retrospective from the date of my adhoc promotion(May,2002) as was done and implemented for the directly recruited ASCs, duly revising the Panels of 2005 and 2006 and to include my name in 2005/2006 Panel List, even by applying next below rule and to bring my name above to my junior ASC/RPF(regularized Panel list of 2005/06), and to give promotion as DSC/adhoc as I have also completed more than three years of service like that of my Juniors.
• Justice may be rendered to me also. Justice denied is Justice denied. Delay of the Administration/Railway Board/RPF should not defeat the Equity and the Constitutional Fundamental Rights of the seniors’ status, Dignity and Pay to be protected and safeguarded. 
• Hence, I pray that YOUR Honour be pleased to regularize my ADHOC ASCs service from May, 2002 at par with my Junior listed in the 2005/2006 Panel names, and to promote me as DSC/adhoc as was materialized to my Juniors immediately on announcement of the DPC Panel Names of 2005-2008 in Aug,2009 (delayed by three years) just to have my consequential Dignity , Pensioners’ benefits by which my self and my family shall have permanent and life long pecuniary and financial support and benefits with Dignity in the Society as retired DSC/RPF.
• Most respectfully and faithfully submitted.
Thanking YOU Sir,
 Yours faithfully, 
 (V.SESHADRI)
ASC/RPF/Retd.,