Anomaly / not holding regular DPCs in time schedule and deprival of due promotion in RPF-reg.

I:

                                                                                                      Date: 12-12-2011
To
Honourable Minister of Railways,
Rail Mantralayam, Railway Board,
Rail Bhavan, NEW DELHI-110001.
Honoured Sir,
Sub: Grievance-Representation to remove Anomaly and Injustice done to ‘seniors’- names dropped from ‘ASC’s Panel Lists for the years 2002 to 2006’-and juniors included in ASCs-Panels for the year’s 2002 to 2006-REGULARISATION- in Ministry of Railways/RPF-Reg.
Ref: MY Request / Grievance dated 30-6-2011;Hon’ble President of India Secretariat-Registration Vide Number: PRSEC/E/2011/10472 forwarded to the Hon’ble Ministry of Railways.
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 I have joined the Railways/RPF as direct SI in 1970, got promotion as Inspector in 1984,and 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 on superannuation at the age of 60 years. During 2022-2006 or earlier no DPCs were held, due to which without regularization and promotion to the rank of DSC.
My name stands in the consolidated list of promote-ASCs working on adhoc basis since 2002, vide ‘Notification for Regularization’ circulated in April, 2006-(Ministry of Railways ’Notification’ No: 2006-Sec (E)/PM-2/14 dated 04-8-2006).I was in service on the date of Notification. From amongst this consolidated list of ASCs (ad-hoc)/RPF for regularization/confirmation no DPC was held.  On account of administrative delays and so on, DPC found to have been held and Panel names made out in Aug, 2009. 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 delays and my name omitted and dropped from the Panel lists. Reference to the Department of Personnel and Training Office Memorandum No.22011/5/86-Estt (D) dated 10.04.1989 and O.M. No.22011/9/98-Estt. (D) Dated 8.9.1998 containing consolidated instructions on DPCs. In this connection I have submitted my Representations (copies enclosed) duly citing several Judgments of the Supreme Court and other Hon’ble High Courts and other Notifications/Directions. Orders, etc. issued by the GOI and others, but it seems all these have been ignored, no reply received from any official.
                            By the delay, caused by RPF/Railway Board has paved the way and become the cause for my  degradation and lowering of my ‘Dignity’ and not getting regularization in time/in April, 2006 itself, while I was in service and 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.
         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 and to include my name in Panel List, by applying next below rule and to bring my name above to my junior ASC/RPF (regularized and promote me as DSC at par with my Juniors as I have also completed more than three years of service like that of my Juniors.
                                                     Yours faithfully                                                                                              
                                                                                               (V.SESHADRI)                                                                                                                            
                                                                                           ASC/RPF/RETIRED                                                                    
.Encl; (   ).
Copy in advance-to avoid transit delay- submitted to:
(1): H.E.H. The Honourable President of India, Rashtrapathi Bhavan, New Delhi. [For kind ref: MY Request / Grievance Registration Number: PRSEC/E/2011/10472 forwarded to the Hon’ble Ministry of Railways for n/a] ;( 2): The Director General, Railway Protection Force,
Ministry of Railways, Railway Board, Railway Bhavan, New Delhi-110001;
For favour of kind consideration and Orders please.
                                                                                                    Sincerely Yours,     
                                                                                                    (V.SESHADRI)                                                                                                  ASC/RPF/RETIRED.

II:

(ON LETTER HEAD)- ALL INDIA RETIRED RAILWAYMEN’S FEDERATION, HQ--SECUNDERABAD – President- SRI.Y.N.SASTRY.                                                                        

To                                                                                     Date: 04-01-2012

The Director General, RPF,

Railway Protection Force,

Ministry of Railways,

Railway Board, Rail Bhavan,

New Delhi-110001 

           Sub: Representation of V.Seshaddri, ASC/RPF/Rtd.- Anomaly / not holding regular DPCs in time schedule and deprival of due promotion-reg.

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A copy of the representation of the above named dated 12-12-2011 along with its enclosures is sent herein for favor of perusal and be redressed at the earliest. It is observed from the letter of Sri. V.Seshadri, ASC/RPF/Rtd that:

1.     In the RPF Department—departmental Inspectors/RPF on promotion to the rank of Asst. Security Commissioner/RPF in a clear, existing, and sanctioned posts are made to work without confirmation/regularization for several years as ad-hoc ASCs- thereby the opportunity of getting the promotional chances at par with that of the direct ASCs /RPF appointed through UPSC, is barred and denied to them on the ground of adhoc posting working as Asst. Security Commissioners/RPF;

2.     The direct ASCs are getting next higher grade/scale promotion as Security Commissioner/RPF immediately on completion of THREE years of service, while the same facility is not granted/extended to the departmental ASCs on the ground that they have not been regularized through the DPCs, and hence they are not eligible to be considered for next higher grade/Scale promotion/rank as Security Commissioners/RPF;

3.     Conducting of the DPCs eventually rests with the Administration /RPF/Railway Board, and not following the Railway Esst.Rules, the Law, UPSC, DoP&T, Pay Commission Recommendations, and  about conducting of the DPCs in time-schedule, and adhering to that of the Judgments/Orders/Directions/Observations of the Honorable Supreme Court of India in several WPs; and that of the different Honorable High Courts, etc, and thereby by not holding the DPCs as stipulated in time Schedule framed by the Government by the RPF Directorate, has eventually hampered the promotional chances of the ADHOC/ Departmental ASCs;

4.     Finding fault with the departmental promote ASCs that they could not be considered for promotion to the rank of Security Commissioner/RPF and side lining their delays/administrative lapses has paved the way for application of differential equations and favourtism towards one section of officers and thereby dishonoured the GOI, and that of the Hon’ble SC/and that of different H.Cs Judgements/Orders/Notifications,etc,which eventually made the departmental promote ASCs to suffer with loss of promotion and finally retire without regularization which hampered their financial benefits at par with that of their juniors, and loss in pension fixation;

5.     The sufferers/adhoc ASCs who have completed the service as ASC/RPF continuously for three years and above ( suffered/suffering) and retired without such promotion even serving from three years and above be considered at par with that of their Juniors, promoted to the rank of Security Commissioner/RPF with Pension Fixation benefits, and render justice in the matter;

6.     Some of the ASCs/RPF who were promoted as adhoc ASCs after him, after 2002 were also considered and promoted to the rank of DSCs/RPF immediately on declaring the DPC in 2009. This Anomaly found to be but for the undue delay holding and declaring the DPCs in the years-2002-2006- for the clear vacancies arose by which time he was already holding and working as ASC/RPF. His name has been dropped from the Panel Lists for the years from 2002-2006 on the ground that he retired from service. Due to the administration/RPF delay he lost his promotion and financial benefit in pension fixation etc.

           The matter may be looked into afresh and justice may please be rendered in getting financial benefit and in Pension fixation, etc.

Thanking you,

Yours faithfully,

(Y.N.SASTRY)

President

 

Encl: as above (  ).

 

 

Copy to:

1.     Hon’ble Minister of Railways, Rail Mantralaya, Railway Board, Rail Bhavan, New Delhi;

2.     Sri.U.S.Jha, General Secretary, AIRPF Association, New Delhi;

3.     The President, AIRPF Retired Officers Welfare Association, New Delhi;

4.     The Director, Dept. of Pensioner’s Welfare, Ministry of Personnel, Public grievances and Pensions, Govt. of India, New Delhi;

5.     The Pension Grievance Officer (PGO), CPEMGRAMS, National e-Governance Plan (NeGP), Dept. of Pensioner’s Welfare, Ministry of Personnel, Public grievances and Pensions, Govt. of India, New Delhi;

           For favor of information and further necessary action please.

6.     copy to Sri.V.Seshadri, ASC/RPF/Rtd.

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