1
I.
RAILWAY PROTECTION FORCE PENSIONERS’ WELFARE ASSOCIATION
SOUTH CENTRAL RAILWAY, SECUNDERABAD
(AFFILIATED TO ALL INDIA RETIRED RAILWAYMEN’S FEDERATION
Head Quarters Office: Block No.303, Railway Colony High School,
Chilkalguda, Secunderabad – 500 025)
President Genl. Secretary Treasurer Editor/AIRRF Fedn.News
V. Seshadri G.V.V.N. Raju M. Srinivasulu B.K.Singh
9642164777 9652347477 9948089970 9440470868
_____________________________________________________________________________________
Lr.No.RPFPWA/SCR/SC/REPN Date: 24--9-2012
To
The Chairman, Railway Board,
Ministry of Railways,
Rail Bhavan,
NEW DELHI-110001
Honored Sir,
Sub: Railway Protection Force Pensioner’s Grievances, South Central
Railway, Secunderabad - Pray intervention for Justice - regd.
<><><><><>
It is most respectfully submitted that we, the RPF Pensioners having got a chance to accompany
the All India Retired Railwaymen’s Federation’s President and General Secretary to attend the
Standing Committee Of Voluntary Associations (SCOVA) meeting at New Delhi, being organized
by the Ministry of Personnel, Public Grievances and Pensions, the Department of Pensions and
Pensioner’s Welfare (DoP&PW) on 27th and 28th Sept, 2012, we are taking this opportunity in
submitting this representation to your kind honor with a great expectation and hope that our
genuine problems and grievances would be attended in right perspective without any further
loss of time.
We have represented some of the pending grievances to all concerned for taking required action
at the Railway Board, and Director General, RPF, New Delhi level, through individual petitions,
and by projecting the same in our Monthly Meeting Minutes of the Railway Protection Force
Pensioner’s Welfare Association, South Central Railway, Secunderabad for taking further action
on the matter.
Contd…2.
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::2::
It is also felt pertinent to submit that the (DoP&PW), and others were so kind enough to go
through the same and promptly taking action by referring the matter to the Ministry of Railways
for further necessary action. Ironically, , the Railway Board and the DG, RPF appear to have no
time to take any action on these problems, lest to reply or acknowledge so far. We have no one
to get these matters persuaded further at the Railway Board level, and being Pensioners’ we are
not in a position to call on and meet the Officers at New Delhi to get our grievances settled
favorably.
The Ministry of Home Affairs are promptly looking into the grievances of the CPMFs/CPOs of the
Union of India; whereas Railway Board, Ministry of Railways are not promptly attending and
redressing the grievances of RPF personnel and Pensioners on par with CPMFs/CPOs though
the RPF is an Armed Force of the Union of India. We request that our grievances also be looked
into on par with other CPMFs/CPOs and do justice.
Summary of some of the long pending grievances are submitted hereunder for kind perusal and
necessary immediate action.
(!): Rectification of Seniority list of Inspectors on All India basis from 1983 onwards for
regularization of ASCs –The seniority list is published by the Railway Board vide Notification
No.2004/SEC (E)/SR-2/4, dated19-4-2012, (U/Rule 27(1) (e) of the RPF Rules, 1987) by dropping
the names of the retired employees. We prayed to include our names as were very much in
service on the dates/years when the list populated from 1983 to 2009; based on this seniority list
alone, DPC Panel Lists for the promotions as Asst. Commandants/ASCs right from 1983 in the
RPF is going to be formulated and regularized for further promotions in RPF. (U/R 102 - Rule
69.1; r/w 88.2; 55.1 of RPF Rules, 1987). We pray justice on the matter.
(2): Loss of Pensionary Benefits to ad-hoc ASCs/RPF retired without regularization, denial of
presumptive promotion as DSC/RPF at par with juniors- On account of holding belated DPCs and
dropping the names of retirees from the Panel lists by the DPCs held in later years, we lost the
legal entity and opportunity for regularization, while juniors get regularized and higher
promotions given in their places. In this connection, Ministry of Personnel, Public Grievances
and Pensions, Department of Personnel & Training, Notifications, like,
DoP&T.O.M.No.22011/4/98-ESTT. (D) Dated 12-10-1998 even by preparing extended panels in our
cases be followed at least for pensionary benefits- Pray Justice and to remove the Anomaly;
(3); RPF pensioners, Group ’C’ staff, who retired prior to 2006 are denied of parity and pension
fixation with their own dept. Juniors / category staff who are working/retired on or after 01-01-
2006: RPF being one of the Armed Force of the Union, the pay scales earlier adopted and applied
at par with other railway employees in the VI CPC, have been modified as specified category,
made applicable from 01-01-2006. But, ironically, these modified pay scales and grade pay are
not being applied to pre-2006 retirees.
Contd…3.
3
::3::
They are not being treated like that of other Armed Forces of the Union to have pensionary
benefits also at par with their counter parts in CPMFS/CPOs. Pray Justice and to remove
the Anomaly.
(4): COURT JUDGMENTS TO BE IMPLEMENTED TO ALL SIMILARLY PLACED PERSONS:In
some cases, the Judgments are implemented to all the staff such as, application of 2.5 kms
distance for sanctioning Fixed Medical Allowance, but, in almost other cases, it is made
applicable to the staff/petitioners who have approached the Court. There should be uniform
procedure and any Judgment given by any Honorable Higher Court/Supreme Court, it should be
made applicable uniformly. In the light of the Honorable Supreme Courts’ Judgment Order dated
02-5-2011, in SLP-Appeal (Civil) in W P No.14263 of 2004 in the Honorable High Court of Delhi
regarding – to effect promotion from the date of eligibility and to extend this facility to all who
are in similarly placed situation and to give similar treatment, even though they are not the
Petitioners. The Honorable High Court of Madras, while dismissing the Writ Appeal No.538/2012
in W.P. No.16572 of 1998 in its Judgment Order dated 12-6-2012 upheld the judgment delivered in
WP No.16572/1998 …directing the Appellants to consider the Seniority list within the fixed time…
relief must be given to all the Petitioners since at the time of filing of WP they were very much in
service. In the light of this Judgment, the RPF pensioners – Inspectors/ASCs ad hoc who
were not the Petitioners in the above W.P. have submitted their representations to consider such
pensioners also on par with the petitioners and grant the same benefits as they were also in
service on the years along with petitioners . Pray Justice and to remove the Anomaly.
(5): Issue of First Class ‘A’ Pass to ASCs who have not completed three years of service; It is
submitted that in the RPF department also, after following prescribed formalities of selection
process, only eligible Inspectors, RPF are selected by a Committee for promotion and
appointment as ASCs with the approval of the Ministry of Railways. From the date of assuming
the charge as ASC- Group ’A’ cadre post, they are entitled for FIRST CLASS’A’ PASS. But the
same is denied to some of the ASCs who happen to retire before completion of three years of
service. Ironically, this facility is extended by a special provision to the Class-II retired officers of
the Railways, while the same Rule is not made applicable to RPF officers, even though they are
in higher cadre post. Pray Justice and to remove the Anomaly.
Under the circumstances explained above, we humbly pray the kind officers to bestow their
personal attention on the RPF pensioner’s also and render justice by applying the principle of
Natural Justice that seniors/similarly placed employees are not denied of their fundamental right
and protection guaranteed in Article 309 of the Constitution of India, by removing the above
anomalies for which act of kindness we and the family pensioners shall ever be grateful please.
Thanking you Sir,
Yours faithfully
(V.SESHADRI) (G.V.V.N.RAJU)
PRESIDENT GENRAL SECRETARY.
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Copy submitted to:

The Director, Dept. of Pension & Pensioner’s Welfare, Ministry of Personnel, Public Grievances
and Pensions, Govt. of India, Lok Nayak Bhavan, Khan Market, New Delhi-110003;

The Director General, RPF, Railway Board, Rail Bhavan, New Delhi-110001;

The Inspector General-cum-CSC,RPF,South Central Railway, Rail Nilayam, Secunderabad-
500017;

The Chief Personnel Officer(IR) and Nodal Officer, South Central Railway, Rail Nilayam,
Secunderabad-500017;

Sri.U.S.Jha, Secretary General, All India RPF Association, Room No.256,Railway Board, Rail
Bhavan, New Delhi-110001;

The President, AIRPF Retired Officers Welfare Association, C/O Sri.S.C. Kapoor, #154/4, Urban
Estate, GURGAON-122001;

The President, AIRPF Retired Officers Welfare Association,32A/B, Third Street, G.N.G.Colony,
Varadharajapuram,Ambattur,Chennai-600053;

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

Sri.Y.N.Sastry, President, All India Retired Railwaymen’s Federation, # 303, Railway Colony High
School, Chikalguda, Secunderabad-500025;

Dy. Comptroller and Auditor General of India (Railways), Room No.224, Railway Board, Rail
Bhavan, New Delhi-110001;

Financial Commissioner, Ministry of Railways, Railway Board, Rail Bhavan, New Delhi-110001;

Executive Director (Pension Grievances), Ministry of Railways, Railway Board, Room No.471,
Rail Bhavan, New Delhi-110001;

Under Secretary, GOI, Ministry of P,PG&P,D/o P&P Welfare, Third Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110003 Ltr. No.. No.DOPPW/P/2012/00214 dated 16-01-2012;

Sri. T.K.A.Nair, Advisor to the Hon’ble PM of India, Cabinet Secretariat, South Block, PMO’s
Office, Raisine Hill, New Delhi-110011;

Sri. Sam Pitroda, Advisor to the Hon’ble PM of India, Cabinet Secretariat, South Block, PMO’s
Office, Raisine Hill, New Delhi-110011;
(V.SESHADRI) (G.V.V.N.RAJU)
PRESIDENT GENRAL SECRETARY.
II.
NOTE:REF:Forwarding of Representations’/Minutes/letters by Honorable President of India’s
Secretariat; the DoP&PW, etc to Ministry of Railways:Ministry of Personnel, Public Grievances
and Pensions, Department of Pension and Pensioner’s Welfare, are taking prompt action by
sending/ sent letters to Ministry of Railways, Railway Board, Executive Director(PG) and others
to examine the issues as per extant Rules/Orders and to inform of the result to concerned, vide
their letters- 1-Regn.No. DOPPW/P/2012/01102 dated 09-3-2012; ( 2) - Regn. No.
DOPPW/P/2012/00214 dated 16-1-2012 ;( 3)-Regn.No. DOPPW/P/2012/01542 dated 10-4-2012; (4) -
Regn.No. DOPPW/ P/2012/01950 dated 07-5-2012 ;(5)-Regn.No.DOPPW/P/2012/02602 dated 25-6-
2012 ;( 6) Regn. No. DOPPW/P/2012/02572 dated 22-6-2012 ;(7)-Regn. No. DOPPW/P/ 2012/
01962 dated 07-5-2012 ;( 8): Pension Grievance dated 09-4-2012: Registration Number-
MORLY/E/2012/02205;No.02805 dated 01-7-12; No.02807 dated 10-7-12; 03150 dated 01-8-12;
No.03241 dated 14-8-12; DOPPW/E/2012/01390 Date-25-8-2012. (9): OM No.42/5/2012-P&PW (G)
dated 31-8-2012 addressed to the Chairman, Railway Board and others;(II): The Hon’ble
President’s Secretariat, New Delhi, vide letter No. P1/D/1407110087- PRESEC/E/2011/10472 dated
14-July, 2011 had sent the Representation dated 30-6-2011 to the Secretary, GOI, Ministry of
Railways, for appropriate action. Strangely enough, for any of the above letters, or to my
representations, so far, nothing has been heard from your side, nor any letter of
acknowledgment sent.
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III.
ALL INDIA RETIRED RAILWAYMEN’S FEDERATION
FOUNDED – 1961
REGISTERED UNDER BOMBAY PUBLIC TRUST ACT OF 1950 NO.226 (T)
Member Standing Committee of Voluntary Agencies (SCOVA) Govt. of India.
HEAD QUARTERS OFFICE: Block 303, Railway Colony High School,Chilkalguda, Secunderabad – 500025.
OFFICE PHONE NO. 65175880, 27505785
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President Genl. Secretary Treasurer Editor, Fedn. News
Y.N. SASTRY, V. Rajalingam P.V. Ramana Rao M. Sudarshan Rao
Cell No.9849439219 9440369447 9701066658 9866872904
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Lr.No.AIRRF/SCOVA Date:13-08-2012
AGENDA FOR THE SCOVA MEETING
Item No: (12):-
COURT JUDGMENTS TO BE IMPLEMENTED TO ALL SIMILARLY PLACED PERSONS:
In some cases the Judgments are implemented to all the staff such as, application of 2.5 kms
distance for sanctioning fixed Medical Allowance, where as in some other cases it is made
applicable to the staff who have approached the Court. There should be uniform procedure and
any Judgment given by any Higher Court, it should be made applicable uniformly.
For example; the Railway Board vide Notification No.2004/SEC (E)/SR-2/4, dated 19-4-2012
published the revised Seniority List of Inspectors RPF (Under Rule 27(i)(e) of RPF Rules 1987)
for the years from 1983 onwards.
The names of Inspectors/ASCs Ad hoc who were in service as on 1983 to 2009 have been
dropped from the seniority list without assigning any reasons, while the names of the
Inspectors/ASCs Ad hoc retired during the years from 2009 to 2012 were retained, even though
this seniority list is prepared in April, 2012.
As per Department of Personnel and Training Cir.O.M.No.22011/4/98-ESTT.(D) dated 12-10-1998
and other letters, clearly indicate the procedure and directions for holding the Departmental
Promotion Committees (DPCs.) every year in time schedule and to include the names of the
retired employees also in the panel lists against the year wise vacancies even by preparing
extended panels.
In the RPF department the DPCs were not held every year, in time schedule on Administrative
delays. Due to which the RPF pensioners are losing benefit of notional promotion for which they
are eligible from the rank of ASCs to DSCs in RPF.
The Hon’ble High Court of Madras, while dismissing the Writ Appeal No.538/2012 in W.P.
No.16572 of 1998 filed by the Union of India, Railway Board, DG/RPF and others in its Judgment
order dated 12-6-2012 upheld the judgment delivered in WP No.16572/1998 …….. Directing the
Appellants to consider the Seniority list within the fixed time… Relief must be given to all the
Petitioners since at the time of filing of WP; they were very much in service…..)
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In the light of this Judgment order, the RPF pensioners – Inspectors/ASCs Adhoc who were not
the Petitioners in the above W.P. have submitted their representations to the Railway Board,
DG/RPF with a request to consider such pensioners also on par with the case of the retired
pensioners/petitioners in the said WP and grant the same benefits of promotions and retirement
benefits to them.
<><><><><>
ADDITIONAL INFORMATION including Honorable High Courts and Supreme Court
Judgments’/Orders: ON THIS ISSUE:
Contd…
IV.
ON LINE SUBMISSION OF THE GRIEVANCE- LODGED ON 25-8-2012:
Sub: Seniors names dropped from the list and juniors given promotions.
On 04-8-2006 Railway Board published seniority list for regular promotion to the post of ASCs.
Without finalizing the names, they have made out another list on 19-4-2012 duly dropping the
names of the retired persons and promoted juniors in place of seniors on the plea that the
seniors have since been retired on the date/year when the DPCs were held. My name stands at
serial number 101 in the List, while the names of my juniors like, S/Sri. K.Laxma Nayak
(Sr.No.113), K.V.Babu (143), K.J.Joy (170), and a score of others have been promoted to the rank
of DSC duly sidelining the senior’s names like me. As per DoP&T.O.M.No.22011/4/98-ESTT. (D)
Dated 12-10-1998 to include the names of the retired employees also in the panel lists against
the year wise vacancies even by preparing extended panels. In the light of the Honorable
Supreme Courts’ Judgment Order dated 02-5-2011, in SLP-Appeal (Civil) in W P No.14263 of 2004
in the Honorable High Court of Delhi regarding – to effect promotion from the date of eligibility
and to extend this facility to all who are in similarly placed situation and to give similar
treatment, even though they are not the Petitioners.
Ministry of Personnel, Public Grievances and Pensions: Your Registration Number is
: DOPPW/E/2012/01390 :Date-25-8-2012.Please quote the same in future.
1.(A) : Seniority list of inspectors/ASCs ad hoc from the year 1983 to 2009 has been published in
APRIL, 2012 for consideration for promotion and appointment as ASCs on regular
basis:(Pages:1-10)
1.(B) :Seniority list of inspectors/ad hoc ASCs published by the Railway Board in 2006, vide
No.2006-Sec (E)/PM-2/14 dated 04-8-2006 for consideration for promotion and appointment as
ASCs on regular basis:(Pages:1-05)
2. Court Judgment to be implemented to all similarly placed persons- who are not
Petitioners/not approached the High court. and to effect promotion from the date of eligibility:
Honorable Supreme Court Judgment Order dated 05-10-2010 in Special Leave to Appeal (civil) in
(C.C. No.6864/2011)…(1-04)
3. Rectification of administrative errors: grant of pro-forma promotion- Railway Board Orders:
IREM - Para No. 228: Honorable supreme Court Judgment dated.21-9-2006:/
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4. The Railway Board vide Letter No. E(NG)-2005/PM-1/34C.C dated 23-02-2007 (RBE No.27/2007)
issued Circular duly citing the Honorable Supreme Court’s Judgments in (1): Civil Appeal
No.8904 of 1994- Judgment dated 13-8-1997; (2): Civil Appeal No.4222 of 2006 arising out of
SLP(C) No.23021 of 2005 - Judgment dated 21-9-2006; (1-03)
5. RPF Rules,1987- Important Rules regarding:(01-09)
6. Indian Railways Establishment Manual , (IREM):Important Para’s:(01-07)
7. Promotions and protection of seniority under the Constitution of India; (Article-309)- cited
important Case Laws:(01-02)
8. Ministry of Personnel and PG &Pensions, Department of Personnel and Training ( DoP&T):
important Circulars;(01-09)
9.Writ Appeal No.538/2012 Judgment Order dated 12-6-2012 in W.P.No.16752 of 1998 of
Honorable Madras High Court ;(01-06)
13.W.P.No.16752 of 1998 Judgment Order dated 30-6-2008 of Honorable Madras High
Court;(01-08)
14. RPF Rules,1987- Rule -102;(01) April,2012;
15: Representations under Rule 102 of the RPF Rules,1987 filed by the Inspectors/ASCs Ad hoc
who were not the Petitioners in the above W.P, and whose names were found dropped in the
seniority list of
· IMP:
· DoP&T: OM No.22011/4/98-Estt. (D) Dated 12-10-1998- PROCEDURE TO BE FOLLOWED BY
THE DPCs IN REGARD TO RETIRED EMPLOYEES NAMES IN THE PANEL LISTS:
Para-2: Consideration of employees who have since retired but would also have been considered,
for promotion if the DPCs for the relevant year(s) had been held in time;
Para-3: After examining the matter with the Ministry of Law ( Dept.of Legal Affairs),it may be
pointed out in this regard that there is no specific bar in the afore said OM dated 10-4-1989 or
any other related instructions of the D O P&T for consideration of retired employees, while
preparing year-wise panel(s), who were within the zone of consideration in the relevant year(s).
According to Legal Opinion also, it would not be in order if eligible employees, who were within
the zone of consideration for their relevant year(s) but are not actually in service when the DPC
is being held, are not considered while preparing year –wise zone of consideration/Panel and,
consequently their juniors are considered, (in their place), who would not have been in the zone
of consideration if the DPC(s) had been held in time.
This is considered imperative to identify the correct zone of consideration for relevant year(s).
Names of the retired officials may also be included in the Panel (s). Such retired officials would,
however, have no right for netunl promotion. The DPC(s), may, if need be, prepare extended
Panel(s) following the principles prescribed in the D o P&T, OM No. 22011/8/87-Estt.(D) dated 09-
4-1996;
Para-4: Ministries/Departments are requested to bring these instructions to the notice of all
concerned including their attached and subordinate offices;
(Note) : (1): This OM is also copied to U P S C, Dholpur House, Shahjehan Road, New Delhi-
110011 for infn, N/A).(2): OM No.22011/5/86-Estt.(D) dated 10-4-1989 – contain the consolidated
instructions on DPCs – Provisions made in Para-6.4.1- lay down procedure for preparation of
year wise Panel(s), where for reasons beyond control, DPCs could not be held for the year(s)
even through vacancies arose during the year(s).
· OM No.35035/7/97-Estt. (D) Dated 16-02-2005- DPC guide lines- No suppressions in
promotions:
· OM No. 22011/9/98-Estt. (D)-Pt. dated 21-9-2006- earlier OM No. Even dated 08-9-1998
8
reiterated- Procedure to be adopted by the DPCs – Model Calendar for DPCs and related matters
· Ministry of Railways ’Order’ No: 2001/Sec (E)/PM-2/1 dated 22-5-2002-Promotion of
Inspectors to the rank of Asst. Security Commissioners/RPF on ADHOC BASIS- My promotion
from Inspector Rank as ASC/RPF;
· Ministry of Railways ’Notification’ No: 2006-Sec (E)/PM-2/14 dated 04-8-2006-consolidated
List of ASCs (adhoc)/RPF for regularization/confirmation;
· Dec, 1998- Ministry of Railways ’Notification’ No: E (NG) 11-81/BG/1/1 dated 01-4- 1981 and
E (NG) 1-94/PM-1/10 dated 09-12-1998- -- when ADHOC promotions can be made;
· June, 2004- UPSC ‘Notification’ ‘Order’ No: ½(6)/2002/AP-4 dated 04-6-2004 and
· DOPT, O M No: AB-14017/2/97-Estt (RP) dated 25-5-1998- ref. Railways
· Lr.No;E(GP)2001/1/10 & E(GP)/98/1/7 dated 17-8-2000-(1998-2002 Panel list)- RPF to review
recruitment Rules- to hold DPCs, etc;
· W.P.No:15143/1990 of Honourable High Court of Andhra Pradesh ‘Judgment-Order’ dated
26-3-1998- in Jaigopal Singh/RPF Vs CSC/RPF and Others- Cause-On Admn. Delays-restoration
of seniority and retrospective promotion even after retirement from SI to ASC/RPF-Group ’A’
Cadre Post/ rank with all consequential benefits;
· W.P.No:4722/1985 of Honourable High Court of Andhra Pradesh-‘Judgment-Order’- in Mir
Moihiuddin/RPF Vs CSC/RPF and Others –Cause- On Administrative Delays-restoration of
seniority and retrospective promotion from SI to ASC/RPF rank with all consequential benefits;
· W.P.No:6631/2002 and WPMP No.9156/2002-Judgement/Order-...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…”of Honourable High Court of Madras- and a score of other High Courts and of the
Honourable Supreme Court– Judgments/Orders ‘causes- Rlys. delay/RPF timely to conduct
regular DPCs to regularize the adhoc ASCs/RPF who are/were working as such for several years
by which next promotion as DSC and other benefits lost/denied/deprived to ADHOC ASCs ,etc
can be solved;
· Nov,2004-Ministry of Railways ’Notification/Order’ No: E(O)D/2004/SR-6/17 dated 16-11-
2004, and 2007/Sec(E)/RTI/2 dated 19/22-9-2008- UPSC not conducted any selection for
ASCs/RPF direct recruitment for the years from 2001 to 2005 on account of Court cases, etc;
· Aug, 2003- Ministry of Railways ’Notification/Order’ No: 2003/Sec-9(E)/TR-2/4 dated 28-8-
2003: Direct ASCs of 2000 year-training in 2002-03 appointment and postings as ASCs/RPFseniority
from 2000;
· Aug, 2004- Ministry of Railways ’Notification/Order’ No: 2006-Sec (E)/PM-2/14 dated 04-8-
2006: consolidated list of promote- ASCs on adhoc basis-- for regularization;
· WP(C) Nos: 12612 to 12615 of 2004- dated 07-02-2006 of the Honourable High Court of
Delhi ‘Judgment /Order’ dated 13-9-2005,7-12-2005 and ‘Final Order’ dated 07-02-2006 to conduct
DPC not later than-on or before 15-4-2006 – the same not done-ignored, DPC held /Panel names
declared in Aug,2009 after three years of Honourable Court Orders.—Admn. Delay- cause for my
not getting regularization and promotion to the rank of DSC/RPF in 2005/06 itself before
retirement- Pension benefits denied and deprived of Fundamental Rights, natural justice denied-
Juniors benefited for admn., delay since their seniors names omitted and dropped from the
Panel lists by DPC.
· Constitutional guaranteed Fundamental Rights, Privileges,Status, Dignity of Senior
Citizens denied:RPF-ASCs AD HOC for more than one year- Injustice done-Justice Prayed, but
denied, and buried by the Ministry of Railways/RPF:Case Laws and the Constitutional
Provisions:
· Promotions and protection of seniority: (Article 309)-
Where a person entitled to promotion under a Statutory Rule was unlawfully denied
consideration, he would be entitled to be considered for promotion with the retrospective effect
and his seniority would also be re fixed on that basis. In such a case, those who, would be
affected by such Order can not complain of discrimination, but the court may issue suitable
directions to avoid hardships to them (1- Ram Vs State of U.P; AIR (1991) SC 1818 (1991) Supp.
9
(2) SCC 114;(1991) 17 ATC 346; 2- R.M.Ramaual Vs State of H.P. ;(1991) Supp.1 SCC 198: AIR
(1991)SC 1171(1991) Cri.LJ 1415-Para-3);
· Rules framed shall have the effect of Law- Constitute Law-(Articles-14,16,235,309):A Rule
made in exercise of the power under the proviso to Article 309, Constitute Law within the
meaning of Article 235; ( without violation of Articles 14 and 16 of the Constitution);So long as a
Rule framed under Article 309 is not duly amended, it is binding on the Government and its
action in matter covered by the Rules must be regulated by the Rules: ( 1-Bhatnagar Vs UOI;
(1991) 1 SCC 544; (1991) 16 ATC 501; (1991) 1 SLR 191; (1991)1 CLR 70-Para-13; 2-bansal Vs UOI;
AIR (1993) SC 978; (1992 Supp.(2) SCCC 318; (1992) 21 ATC – 503; (1992) 4 SLR 445-Para-21);
· Effect of continuous officiating-(Ad Hoc arrangements for long period-number of years)-
(Article309):
Even where the Order of appointment may have stated that the appointment was temporary or
stop gap, etc.,yet, where it is established that the appointee has been working in that post for a
long period-number of years without break in service, the Court, may apply “ Principle of
Continuous Officiation” and hold that the appointee be deemed to have been regularized. (1-
Nayar Vs UOI; AIR (1992) SC 1574;(1992) supp.(2) SCC508;(1992) 21 ATC 695; 2-state of Haryana
Vs Piara; AIR (1992) SC 2130; (1992) 4 SCC 118; (1992) 21 ATC 403 (1992)Lab IC 2168-Para-12);
· Effect of delay in holding selections(DPCs)- ( Article 309);
A subsequent restructuring of the service or delay in holding the selection for which the
employee was not responsible cannot take away his seniority for promotion; Nirmal Vs
UOI;(1991) Supp.2 SCC 363-Para-4-6); 2-W.P.No:15143/1990 of Honourable High Court of Andhra
Pradesh ‘Judgment-Order’ dated 26-3-1998- in Jaigopal Singh/RPF Vs CSC/RPF and Others-
Cause - On Admn. Delays-restoration of seniority and retrospective promotion even after
retirement from SI to ASC/RPF-Group ’A’ Cadre Post/ rank with all consequential
benefits;(3):W.P.No:4722/1985 of Honourable High Court of Andhra Pradesh-‘Judgment-Order’-
in Mir Moihiuddin/RPF Vs CSC/RPF and Others –Cause- On Administrative Delays-restoration of
seniority and retrospective promotion from SI to ASC/RPF rank with all consequential benefits;
(4):W.P.No:6631/2002 and WPMP No.9156/2002-Judgement/Order- Honourable High Court of
Madras...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…” ;
· Effect of wrong application of Rules or without any reasonable ground – (Article-309):
The Court may direct the competent Authority to place the employee in the higher grade with
effect from the date when his junior was placed therein, with consequential monetary benefits ;(
Dharam Vs Administrator; (1991) 17 ATC 925;AIR (1991)SC 1924; (1991) Supp.(2) SCC 635; (1991)
Lab IC 1695-Para-4);
· Interpretation of Rules- ‘Appointment date ; Confirmation/ Regularizations’; ‘seniority’- (
Article-309);
When a person is ‘appointed’ to a post according to the Rules, his seniority is to be counted from
the date of his appointment and not according to the date of his confirmation /regularization; (1-
Bhatnagar Vs UOI; (1991)1 SCC 544; (1991) 16 ATC 501; (1991) 1 SLR 191; (1991) 1 LLN 1 – Para-
8-12; 2- direct Recruit Class –II Engg.Officers’ Assn. Vs State of Maharastra; (1990) 2 SCC 715;
AIR (1990) SC 1607; (1990)13 ATC 348-Para-47l 3- (1990) 2 SCJ 377-Para-13; (1990) 2 SCC 715;
(1990) 13 ATC 348; AIR (1991)SC 1607 (CB);
· Temporary or ad hoc service: ( Article-309);
The State, should not keep a person in a temporary or adhoc service for long period; (for a
number of years). It should take steps for his regularization-
(Deharwad District PWD Literate daily Wage Employees’ Assn. Vs State of Karnataka;(1990) 2
SCC 396;AIR (1990)SC 883; (1990) Lab IC 625-Para-23);
· LIABILITY OF OFFICERS-(Articles-32, 14;16;309):
1.Bureaucracy is also accountable for the acts done illegally, when the Court exercises Judicial
Review:
(State of Bihar Vs Subhash Singh-AIR (1997) SC 1390-Para-3;(1997) 4 SCC 430);
10
2.‘ACTIONABLE WRONG-‘APPLICATION OF DOCTRINE OF parens patriae’;
· Where the Petitioners’ Fundamental Rights’ are impaired by Legislation or Rules or
‘Government Orders’ , the Court’s can interfere even if it is a matter concerning service; ( article-
32;14;16;309);
(1. FCI workers Vs FCI- AIR (1990)-SC 2178; (1990) Supp.SCC 296; (1990) 4 SCR 745; 2.
S.M.Mukharjee Vs UOI- AIR (1990) SC1984; (1990) 4 SCC 594; (1990) Cri.LJ 2148; 3. Shesharao Vs
Govindrao; AIR (1991) SC 76; (1991) Supp.(1) SCC 367; (1991) 16 ATC-938; (1991) 2 LLJ 109-Para-
3);
· A Rule operates prospectively unless it is made retrospective by express provision or by
necessary Intendment- (Article-309);
(Mahendram Vs State of Karnataka; AIR (1990) SC 405- Para-5; 2. N.T.Bevin Katti Vs Karnatak
PSCAIR
(1990) SC 1233; (1990) 3 SCC (1990) Lab IC 1009-Para-13);
VI.
1. (A) : SENIORITY LISTOF INSPECTORS FROM THE YEAR 1983 to 2009 HAS BEEN
PUBLISHED IN APRIL, 2012 :
The Railway Board vide letter No. 2004/ Sec (E)/SR-2/4 dated 19-4-2012, published the
provisional seniority list of 448 Inspectors, RPF over All Indian Railways from the years from 1983 to
1997,but in the subject matter it was written that the list is up to 2009;
They are going to finalize names of the Inspectors for consideration to the post of ASCs on regular
basis on year wise vacancy position right from 1983 onwards and dropping the names of
Inspectors/ASCs ad hoc who were very much in service for the years from 1983-2008 and including
the names who were not in service for the years from 2009 to 2012 is very much questionable,
raising doubts on its preparation itself-since prepared and published in April, 2012:
On perusal of the list, it is observed that:
 The names of some of the Inspectors who were in service as on 1983-2009 have been
dropped/ removed without assigning any reasons;
 The list though made and meant to apply only to those Inspectors/ ASCs ad hoc , as on 01-
01-2009, the names of the Inspectors from the 1997 to 2009 and onwards were excluded /dropped
and not included in this list;
 When the List is prepared and signed on 19-4-2012 , no reasons for its preparation only up to
1997, and showing it as up to 2009 has not been explained anywhere;
 No remarks have been cited for the names of the Inspectors/ ad hoc ASCs who have retired
during the years from 2009-2012(March) were included;
 The names of the Inspectors/ad hoc ASCs who were in service from 1983 to 2008 were
dropped without assigning any reasons;
 Even in this seniority list, the names of the juniors’ whose date of promotions (DOP) was
later to their seniors, juniors names shown above their seniors, without giving any reasons for
such selection and listing their names above their seniors was not explained by the Railway Board;
11
Thus, great injustice has been done to the Inspectors/AD HOC ASCs who were in service in the years
from 1983 to 2008 by the Railway Board and by the DG, RPF.
More details can be seen on perusal of the seniority list, which include:
· From this list, it is observed that though it is prepared in April,2012 , the names of those who
were already Inspectors in the years from 1997 to 2009 not included; no reasons have been
assigned as to why their names were excluded from the list even though they were in service when
this seniority list of inspectors from 1983 onwards was prepared;
· The names of the Inspectors, numbering more than 160, who retired during the years- from
2009 to 2012(March) were included even though they were not in service on the date when the list is
prepared, i.e. as on 19-4-2012;No reasons brought out as to why it is prepared only up to 2009;
· The reasons for dropping the names the Inspectors/ ASCs ad hoc who were in service prior
to 2009 has not been spelt out anywhere in the list ;
· Against the names of the Inspectors from Serial Number 01 to 53 their promotion date (DOP)
was shown between the years-1994 to 1997, while for the remaining names at serial numbers from
53 to 448 shown between the years from 1983 to 1993; No reason has been shown as to why and
how this discrepancy, irregularity, disparity in the seniority has been brought, making the seniors
as juniors and the juniors as seniors;
· If the list and the seniority numbers vis-à-vis the DOP/date of promotion year is
verified,eg:Sr.Nos:117-year1986;118/1989;119/1986;DOP-years-1986-1987,1989-1990,1990-1991,1992-
1994,1996-1997 names have been interpolated as they feel to make fit in the list; it can be construed
that names of juniors have been interpolated and brought above the names of the seniors wantonly
for the reasons best known to the Railway Board and the authors of the seniority list and who
authenticated the list dated 19-4-2012, even by including the names of retires of 2009-2012,dropping
the retiree’s earlier to 2009;
· Thus, the date of promotion as shown in the list does not show their exact seniority in the
list;
· When the list is prepared and published in the year 2012, that is on 19th April,2012, why only
the names of the Inspectors for the years from 1983-1997 ( 448 of which more than 160 retired
between 2009 to March,2012—i.e.in the year 2009-retired 35;2010-50;2011-57;2012-19) was made,
and that too dropping the names of the Inspectors who were on the Rolls during the period from
1983 to 2009; No reasons for this exclusion has been cited;
1-(B):
Seniority list of inspectors/ad hoc ASCs published by the Railway Board in 2006, vide No.2006-Sec
(E)/PM-2/14 dated 04-8-2006
Earlier , seniority list of inspectors/ad hoc ASCs published by the Railway Board in 2006, vide
No.2006-Sec (E)/PM-2/14 dated 04-8-2006 wherein the names covering the years from 1980 to 2006
were listed (200 names)for their regular promotion to the post of ASC/RPF in Junior Scale/Group ‘A’-
without taking any action for their regularization, promotion to the rank of DSCs, their names have
been dropped in the latest list without assigning any reasons .
2. COURT JUDGMENT TO BE IMPLEMENTED TO ALL SIMILARLY
12
PLACED PERSONS:
Special Leave to Appeal (Civil-CC6864/2011)-(from the Judgment and Order dated 05-10-2010 in Writ
Appeal No. 14263 of 2004 of the Honorable High Court of Delhi) by U.O.I. –Judgment Order dated 02-
5-2011: IMPORTANT Para/POINTS:-
· Page-02/Para04: Promotion with effect from the date of eligibility;
· Page-03/Para01: V Central Pay Commission Recommendations-Para-51.25 cited, for
the Departmental Review Committee/assessment Board to meet every six months, i.e. in January
and July and the promotions were to be made effective from the date of eligibility;
· Page-03/Para03: Direction: Similar Order shall be passed for all similarly situated
persons despite the fact that they may not have approached the High Court questioning the Order
passed by the Tribunal. This Direction is being given to avoid further litigation in the matter.
3. RECTIFICATION OF ADMINISTRATIVE ERROS-GRANT OF PROFORMA
PROMOTION- RAILWAY BOARD ORDERS: IREM - Para NO. 228:
To give deemed promotion, if any, before retirement and also the benefit in the matter of fixing
pension.
4. In reference to item No.3 above, the Railway Board vide Letter No. E(NG)-2005/PM-
1/34C.C dated 23-02-2007 (RBE No.27/2007) issued Circular duly citing the Honorable Supreme
Court’s Judgments in (1): Civil Appeal No.8904 of 1994- Judgment dated 13-8-1997; (2): Civil Appeal
No.4222 of 2006 arising out of SLP(C) No.23021 of 2005 - Judgment dated 21-9-2006.
5. RPF Rules,1987- Important Rules regarding:
· Maintenance of Seniority list of Inspectors-27(1) (e);
· Constitution of Departmental Promotion Committee (DPC) each year for
Selection of ASCs - 27(2)(b);
· Promotion to the rank of ASCs as per RPF (Gazetted
Officers) Recruitment and Promotion Rules- 55.1;
· Officiating arrangements-Promotions-74;
· Representation against assignment of seniority-102;
· On other conditions of service in RPF-extant Railway Rules as applicable to
Railway servants of corresponding grades shall apply- 117.
6. Indian Railways Establishment Manual , (IREM):
· Para-327: determination of relative seniority list of Group ”A” Junior Scale
Officers (except the RPF…);
· Para-213: Promotions;
· Para-216: Ad hoc Promotions;
· Para-222: Erroneous Promotions.
7. Promotions and protection of seniority under the Constitution of India; (
Article-309)- cited important Case Laws:
8. Ministry of Personnel and PG &Pensions, Department of Personnel and
Training: ( DoP&T): cited important Circulars:
· OM No.22011/4/98-Estt.(D) dated 12-10-1998-Procedure to be followed by
the DPCs in regard to retired employees’ names in the Panel Lists- Paras- 2
and 3:The names of the retired officials may also be included in the
Panel(s), the DPCs may, if need be, prepare extended Panels(s);
9. Writ Appeal No. 538/2012 of Honorable High Court of Madras filed by U.O.I./Chairman,
Railway Board.; DG, RPF, and others against the Judgment Order in W.P. No. 16752/1998; -
13
Judgment Order given on –dated-12-6-2012—upheld the Judgment Order in W.P.No.16752/1998 and
DIRECTED THE APPELLANTS- the Railway Boards and others to reconsider the seniority list within
the fixed time and dismissed the Appeal.
10. W.P.No.16752/1998 of Honorable High Court of Madras- Judgment Order dated 30-6-2008-
Para-8:”…But with reference to convening of DPC from 1986 to 1996, in respect of each year, the
learned Senior counsel is not able to explain their inaction though a direction was given In this
regard earlier. …”;Para-9:”… therefore, in the light of the Supreme Court’s Judgment in Grewals’
case as well as the interim order passed in this writ petition and in the light of the direction given by
this Court in W.P. No.6631 of 2002 dated 14.5.2002, the respondent Railways are directed to convene
the DPC for the years 1986 to 1996 and after making an assessment of the case of the petitioners,
grant them the presumptive promotion in respect of those years and refix their salary and seniority
in the light of such an order being passed by the respondents…”;
Para-10:”… Even through many of the petitioners have retired and only three are in service, this
Court is of the opinion that relief must be given to all the petitioners since at the time of filing of the
writ petition , they were very much in service. …” Para-11:”…the respondents are directed to
undertake the exercise within a period of eight weeks from the date of receipt of a copy of this
order….”
11. In the light of this Judgment Order, and the recent seniority list, the RPF pensioners –
Inspectors/ASCs Ad hoc who were not the Petitioners in the above W.P, and whose names have
been dropped from the April, 2012 seniority list, have submitted their representations under Rule
102 of the RPF Rules,1987, to the Railway Board, DG/RPF duly citing the DoP&T circulars, etc, with a
request to consider such pensioners also on par with the case of the retired pensioners of the said
WP and grant the same benefits of promotions and benefits of retirement to them.
12. RPF Rules, 1987- Rule 102: Representation against assignment of seniority: A member of the
Force may represent to the appointing authority about his seniority position within a period of one
year from the date of publication of the seniority list.
VII.
Appointment of Superior Officers in the Railway Protection Force-Armed Force of the Union of
India- retrospective Views and vision of a Relativist vis-a-vis Central Para Military Forces/CPOs –
(Article- by V.Seshadri, ASC/RPF/Retired, B.SC;LL.M;PG.Dip.in.Crl.Laws;PG.Dip.IRPM)
<><><><><>
RPF- Railway Protection Force, or generally referred to as the Railway Police Force by the media
and public, is a pride and prestigious Armed Force of the Union of India, working under the
control, command, and supervision of the Ministry of Railways. Its roots go as back as to that of
the British Rule in Indian Railways System, who has created a uniformed Force to have watch
and ward duties on Railways. Eventually it emerged as one of the most strong and mightiest
Force among the CPOs/CPMFS with its incomparable working. This Force is however managed
to work as that of police with some tinges of police legal powers. Their services are being
utilized on deputation for Z category duties, Vigilance, CBI, Narcotics and the like.
Still, it is viewed as a Secondary Force from amongst the CPOS/CPMFS as it is not working under
the command and control of the Ministry of Home Affairs. The Ministry of Railways too found to
have not inclined to implement the VI CPCs Pay Scales while issuing the revised PPOs to RPF
pre-2006 retirees; by applying its own Orders for implementation dates, restrictions like that of
railway staff. It is opined that pension settlements are to be made, RPF being Armed Force as to
that of CPMFs by MHA. This ANOMALY IS CONTINUING WITHOUTANY RETIFICATION, OR
MODIFICATION OF EARLIER ORDERS TO APPLY TO ALL THE RPF PENSIONERS AT PAR WITH
THAT OF SERVING PERSONNEL AND LIKE THE OTHER CPMFS.
14
Further, the Government of India’s efforts to unclog by empowering with full-pledged police
powers to work over Indian Railways with legal powers under Indian Penal Code, etc received a
setback, and could not succeed due to prelude State’s pressure on the issue of Law and Order
sharing issues.
The appointment of the Superior Officers has been streamlined by the RPF Act,1957 and the
RPF(Superior Officers)Recruitment Rules, 1974.These Rules have been amended in the year
1981by the RPF (Group ’A’ and Group ‘B’ Officers) Recruitment Rules,1981. It may be noted that
the previous Rules have not been repealed but in suppression, some of the provisions in the
Rules have been amended regulating the mode of recruitment of superior officers in the RPF.
These Rules have again been amended in the year 1994 and 2006.
Unlike in other departments of the Central Government, in the RPF there are only two Groups of
posts – Group ‘C’ and Group ‘A’; while Group ‘B’ posts – Assistant Security Commissioner /
Asst. Commandant, RPF has been abolished duly merging in to Group ‘A’ posts, Group ‘D’
category posts have been merged in to Group ‘C’ cadre.
Earlier to 1994, as per 1981 Rules, there used to be two types of appointment/promotional
channel for the post of ASCs, both selection posts- ASC- Group ’A’ Cadre for direct recruits-
60%- through UPSC, and the remaining 40% by promotion of departmental ASCs-Group ‘B’
Category . The posts of ASC-Group ‘B’ category, 100% -used to be filled in by selection from
amongst eligible Inspectors on promotion and appointment.
The seniority list used to be in conformity for further promotions to higher ranks. These Rules
were so congruent that there were no grumblings and the working system was so congenial.
This is because there were no indifferences among the Group ‘A’ Cadre ASCs, and other
departmental ASCs, as of now, as the system of selection, promotion, and appointment for ASC
‘A’ Posts was so streamlined and postulated among the members of the Force. These Rules
were so clear that ‘… in case a junior employee is called up for a selection by virtue of his
satisfying the relevant minimum service conditions, all his seniors should be held to be
automatically eligible irrespective of whether or not they satisfy the relevant minimum service
conditions…’
When such a systematized recruitment and promotional channel was in vogue, in the year 1994,
Group ‘B’ cadre has been abolished and merged with Group ‘A’ with amendment of RPF
Gazetted Officers Rules in 1994. By this, many of the officers approached the Courts of Law for
Justice in formulation of inter-se seniority amongst them.
In my considered opinion, this has imbalanced the entire working and selection system of ASCs
in Group ‘A’ Cadre, while from the departmental quota, the phenomenon of ad hoc ASCs
continuance without regularization on one or the other pretext, other ASCs with three years of
service started getting their higher rank channel of promotions from ASC to DSCs.
Departmental promote ASC started to rotten as ad hoc for several years and ultimately retire
without promotion and with loss of pensionary benefits, while their juniors get regularization and
higher promotions in their place due to belated DPCs, ad hoc ASCs totter in hope of
regularization and further promotion as DSC till their retirement.
The Railway Board, the Director-General, RPF Directorate which shoulders the responsibility of
conducting the DPCs as per Department of Personnel and Training, UPSC notifications/orders in
time-schedule, made its headway in regularizing the ad hoc ASCs at their will, announce the
15
panel names by dropping the names of the retirees on the ground that they were not in service
on the dates/year of selection/DPC Panel announcement.
This may be under misconception /misinterpretations of DoP&T Orders, like -OM No.22011/4/98-
Estt.(D) dated 12-10-1998-‘ Procedure to be followed by the DPCs in regard to retired
employees’-inculcated the Rule to include the names of retirees also in the Panel Lists by the
DPCs, if need be, even by preparing extended Panel(s).But, this phenomenon has not been
followed in the RPF since decades and its incoherent decision making system for holding DPCs
has hampered many of the RPF retirees and the family pensioners’ on their way of life and
pension, including status and dignity in the society as their seniors are found to be drawing
more pension, FR, intrusion to Article 309, etc.
Any type of umbrage and upsurge by the departmental ASCs by way of representations, appeals,
Honorable Supreme Court’s/High Court’s Orders/Judgments’ on the matter of regularization and
promotion could deter the selection process of the DPCs ,lest ad hoc ASCs continue to work as
before in clear and existing vacancies. If at most there found to be any move, only the petitioners
are given the berth and promotions but not their seniors and other similarly placed persons. The
illusion continues. This is nothing but retribution to the seniors and senior citizens. But
ironically, the fact and peril continues to be unabated without any touchline and check at any
stage, and goes through Railway Board Channel, UPSC’s and even up to the Honorable
President of India’s Secretariat approval.
The great expectations and vision in the coming years, we have a hope and vision that the RPF
shall also have its systematized selection, and promotion process without the word of ad hoc
system and that the seniors are not sidelined and dropped while their juniors are elevated to
higher ranks with pay and perks and pension benefits. Let the senior citizen’s virtualization
come true.
VIII.
Comparison Chart----RPF- vis-à-vis with that of the other
CPMFS/CPOS in VI CPC-Pay Scales and Grade Pay Structure from 01-01-2006 made applicable for
serving RPF STAFF only-
(NOTE: Not made applicable for PRE-2006/ Retired RPF staff while issuing RPPO).
I-PAY SCALES IN RPF (Ministry of Railways)-
Post in RPF IVCPC scales V CPCStandard
scales of
pay
VCPC-Modified & revised
at par with CPMFs/CPOs
Under-Specified-Category.
VI-CPC-Modified /revised
at par with CPMFs/CPOs
Under Specified Category
Constable 825-1200/-. 2750-4400/-
plus two adv.
Increments.
3050-4590/- 5200-20,200-PB-1/Grade Pay-
2000/-
Naik 950-1400/- 3050-4590/- 3200-4900/-pay raised
post upgraded as
Head Constable
NAIK Post abolished in V
CPC—and made as Head
Constable by up gradation.
Head
Constable
975-1660/- 3200-4900/- 3200-4900/-PlusRs.50/-
Special pay-till next
promotion.
5200-20200-PB-1/Grade Pay-
2400/-
Asst Sub-
Inspector
1320-2040/- 4000-6000/- 4000-6000/- 5200-20200-PB-1/Grade
Pay-2800/-
16
Sub-
Inspector
1400-2300/- 5000-8000/- 5500-9000/- 9300-34,800/-PB-2/
Grade Pay-Rs.4200/-
Inspector-
GRADE-II
1640-2900/- 5500-9000/- 6500-10500/- 9300-34,800/-PB-2/ Grade
Pay –Rs.4600/-
Inspector-
GRADE-I
2000-3200/- 6500-10500/- 6500-10500/-PLUS
Rs.200/-
as special pay till the
incumbent get next
promotion. Note: all got
next higher scale
of pay on-up-gradation-
ACP,etc. BUT without pay
protection
While fixing pay in higher
scale.
NOW-Only one scale of
Pay/post of Inspector
Exists in RPF-as above.
II: PAY SCALES OF THE CPMFS/CPOS- : Central Civil Services (Revised Pay) Rules, 2008.
POST/ CPMFs V CPC Scalepresent
VI CPC
Revised Scale
VI CPC Pay & Grade Pay Remarks
Constable 3050-4590/- 3200-4900/- PB-1-5200-20,2000/-
grade pay-2000/-
Same in RPF
Head
Constable
3200-4900/- 4000-6000/- PB-1-5200-20,2000/-
G.P.2400/-
---do---
ASI 4000-6000/- 4500-7000/- PB-1-5200-20,2000/-
G.P.2800/-
---d0---
SubInspector ------------- ------------ ----------------- In-RPF–PB-2/GP-4200/-
Inspector 6500-10,500/- 7450-11,500/- 9300-34,800/-PB-2/ Grade
Pay –Rs.4600/-
Same-in RPFPB2/
GP4600/-
17
IX:
RAILWAY PROTECTION FORCE PENSIONERS’ WELFARE ASSOCIATION
SOUTH CENTRAL RAILWAY, SECUNDERABAD
(AFFILIATED TO ALL INDIA RETIRED RAILWAYMEN’S FEDERATION
Head Quarters Office: Block No.303, Railway Colony High School,
Chilkalguda, Secunderabad – 500 025)
President: Genl. Secretary: Treasurer: Editor/AIRRF Fedn.News
V. Seshadri G.V.V.N. Raju M. Srinivasulu B.K. Singh
I. 9642164777 9652347477 9948089970 9440470868
Lr.No.RPFPWA/SCR/SC/252ref Date: 14-7-2012
To
Director General, RPF,Railway Protection Force, Railway Board, Rail Bhavan,New Delhi-110001.
//THROUGH UNDER SECRETARY TO GOI, MINISTRY OF R, PG&PENSIONS,
D/O PENSIONS & PENSINER’S WELFARE, NEW DELHI//
Sir,
Sub: Pensionary Benefits- Appeal from V. Seshadri, ASC/RPF/Retired- continuation as ad
hoc ASC/RPF without regularization for more than four years, and denial of
promotion as DSC/RPF at par with my juniors- by dropping my name from the Panel
Lists of the DPCs on the ground that I have retired- No action/No reply-Pray Justicereg.
Ref: My Representation dated 30-6-2011 followed by several reminders / E-mails to and
others concerned from me and by other Hon’ble Ministries, and the Hon’ble
President’s
Secretariat, etc. to the Ministry of Railways, Railway Board.
<><><><><>
In this connection kindly connect the letters sent to you, to the Hon’ble Minister of Railways, and
to others concerned in the Railway Board, followed by several emails on the matter for last one
year, but neither had I received any reply nor any acknowledgement to any of such letters from
you.
It may not be out of the place to mentions herein the prompt action initiated by the following
Ministries and by the Hon’ble President’s Secretariats by sending the letters to you through
Executive Director (PG), Railway Board, but strangely enough, leave aside the action taken on
the representation and for the redressal of the Senior Citizen’s Grievance, not even an
acknowledgement has been sent from your side.
I: Letters of on the Grievances like Continuation of ASCs on AD HOC basis for several years and
dropping their names from the Panel Lists on the plea that they have retired; Non sanction of
18
Fixed Medical Allowance by some Banks like SBI/CPPC,HYB; denial of corresponding post
retirement passes to the MACPs beneficiary to RPF Pensioners at par with their grade pay ,etc.,
sent by me and on behalf of RPF Pensioner’s Welfare Association, SCRly, to the Ministry of
Personnel, Public Grievances and Pensions, Department of Pension and Pensioner’s Welfare,
have been, very promptly sent to Ministry of Railways, Railway Board, Executive Director(PG) to
examine the issues as per extant Rules/Orders and to inform of the result to me: 1-Regn.No.
DOPPW/P/2012/01102 dated 09-3-2012;(2)- Regn.No. DOPPW/P/2012/00214 dated 16-1-2012;(3)-
Regn.No. DOPPW/P/2012/01542 dated 10-4-2012; (4)- Regn.No. DOPPW/ P/2012/01950 dated 07-5-
2012;(5)-Regn.No.DOPPW/P/2012/02602 dated 25-6-2012;(6) Regn. No. DOPPW/P/2012/02572
dated 22-6-2012;(7)-Regn.No. DOPPW/P/ 2012/ 01962 dated 07-5-2012;
II: The Hon’ble President’s Secretariat, New Delhi vide letter No. P1/D/1407110087-
PRESEC/E/2011/10472 dated 14-July, 2011 had sent my Petition dated 30-6-2011 to the Secretary,
GOI, Ministry of Railways, for appropriate action from your side, with a direction that action
taken on the Petition be conveyed tome under intimation to their Office.
But, strangely enough, for any of the above letters, or to my representations even after one year,
so far, nothing has been heard from your side, nor any letter of acknowledgment sent to me.
In the case of RPF promotions, and appointment of departmental Inspectors to the rank of Group
'A' Cadre Post ASCs, they are make to work for several years on ground of AD HOC and make
them unfit/not eligible for higher ranks, and drop their names from Panel Lists for the vacancies
of the years they were in service, on the plea that they are not regularized through DPCs-not
conducted in time schedule; while their colleague direct ASCs and other juniors are promoted to
the higher rank as DSCs immediately after completion of three years of service. Any number of
Judgments by the Hon'ble Supreme Court, or that of different High Courts for conducting the
DPCs in Time Frame/ and as per the Directions/Orders of the DoP&T; UPSC; Railways, etc does
not shaken the mindset of the DG/RPF and that of the Railway Board in this matter; They
conduct DPCs at their will and convenience only to accommodate their choice departmental
promote ASCs duly dropping the names of the seniors on the plea that they have retired n; This
action of the DG/RPF is also against the Directions/Orders of the DoP&T. In this connection,
Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training –
OM No.22011/4/98-Estt. (D) dated 12-10-1998 - the procedure to be followed by the DPCs in
regard to retired employees names in the Panel Lists- Para Nos:2,3 be perused and be applied in
my case for regularization and promotion in the DPCs for the relevant years-2002-2006 had been
held in time. The delay in conducting the DPCs is because of administrative lapses, etc. The
Railway Board, the DG/RPF have not even sent acknowledgement on these petitions/letters; the
reasons are best known to them.
Keeping in view of the recent Judgment Order of the Hon’ble High Court of Madras dated 12-6-
2012 in your Writ Appeal No. 538 of 2012 filed against the Judgment Order dated 30-6-2008 in
W.P.16572 of 1998, the same Principle may kindly be applied in my case also to include my name
in the year wise Panel Lists for the vacancies of 2002-2006 and promote to the rank of DSC/RPF
at par with my Juniors so that I shall I have the Pensioners’ Benefits in fixation of Basic Pension
etc.
Submitted please.Yours faithfully,
(V.SESHADRI) ASC/RPF/Retd.
X:
Email sent on 20-8-2012:
Sir, Sub: Seniority list of Inspectors,RPF from 1983 on wards- Representation U/R 102 of RPF
Rules,1987-reg.
19
The Railway Board vide Notification No.2004/SEC (E)/SR-2/4, dated 19-4-2012 published the
revised Seniority List of Inspectors RPF (Under Rule 27(i)(e) of RPF Rules 1987) for the years
from 1983 on wards for promotion and appointment of ASCs in RPF on regular basis. The names
of Inspectors/ASCs Adhoc who were in service as on 1983 to 2009 have been dropped from the
seniority list without assigning any reasons, while the names of the Inspectors/ASCs Adhoc
retired during the years from 2009 to 2012 were retained, even though this seniority list is
prepared in April, 2012.In the Earlier List, published in the year 2006 for regularization of ASCs is
not yet finalized and now fresh list made out by dropping the names of the Inspectors/AD HOC
ASCs.
As per Department of Personnel and Training Cir.O.M.No.22011/4/98-ESTT.(D) dated 12-10-1998
and other letters, which clearly indicate the procedure and directions for holding the
Departmental Promotion Committees (DPCs.) every year in time schedule and to include the
names of the retired employees also in the panel lists against the year wise vacancies even by
preparing extended panels. When the List is prepared from 1983, I request to include my name
also and regularize me as ASC and promote me to the rank of DSC as I have also completed
more than three years of service as ASC.
In the RPF department the DPCs were not held every year, in time schedule on Administrative
delays. Due to which the RPF pensioners are losing benefit of notional promotion for which they
are eligible from the rank of ASCs to DSCs in RPF.
The Hon’ble High Court of Madras, while dismissing the Writ Appeal No.538/2012 in W.P.
No.16572 of 1998 filed by the Union of India, Railway Board, DG/RPF and others in its Judgment
Order dated 12-6-2012 upheld the judgment delivered in WP No.16572/1998 …….. Directing the
Appellants to consider the Seniority list within the fixed time,……. Relief must be given to all the
Petitioners since at the time of filing of WP; they were very much in service…..
In the light of this Judgment order, the RPF pensioners – Inspectors/ASCs Adhoc who were not
the Petitioners in the above W.P. have submitted their representations to the Railway Board,
DG/RPF with a request to consider such pensioners also on par with the case of the retired
pensioners/petitioners in the said WP and grant the same benefits of promotions and retirement
benefits to them.
I pray for kind consideration and to do Justice in my case also. Thanking you Sir, Yours faithfully,
V.Seshadri, ASC/RPF/Retd.
NOTE: Honored Sir, Kindly look into the following and request for consideration for verification
and to include my name also in the list in the wake of recent Judgment Order and DoP&T
Directions, etc.
SENIORITY LISTOF INSPECTORS FROM THE YEAR 1983 to 2009 HAS BEEN PUBLISHED
ON 19th APRIL, 2012 :
The Railway Board vide letter No. 2004/ Sec (E)/SR-2/4 dated 19-4-2012, published the
provisional seniority list of 448 Inspectors, RPF over All Indian Railways from the years
from 1983 to 1997 only and not up to 2009 as indicated in the subject matter and the same
made available on web site-(ww.indianrailways.gov.in) .
On perusal of the list, it is observed that:
ı The names of some of the Inspectors who were in service as on ı The list though made
as on 01-01-2009, the names of the Inspectors from the 1997 to 2009 and onwards were
excluded /dropped
ı When the List is prepared and signed on 19-4-2012 , no reasons for its preparation only
up to 2009 explained anywhere;
20
1983-2009 have been dropped/ removed without assigning any reasons;
ı The names of the Inspectors/ ad hoc ASCs who have retired during the years from 2009-
2012(March) were included, but the names of the Inspectors who were in service from
1983 to 2008 were dropped even though most of them worked as ASCs ad hoc and retired
without regularization on Administrative delay in holding the DPCs in time.
ı Even in this seniority list, the names of the juniors’ whose date of promotions (DOP)
was later to their seniors, juniors names shown above their seniors, without giving any
reasons for such selection by the Railway Board;
Thus, great injustice has been done to the Inspectors/AD HOC ASCs who were in service
in the years from 1983 to 2008 by the Railway Board and by the DG, RPF as they are going
to finalize names of the Inspectors for consideration to the post of ASCs on regular basis
on year wise vacancy position.The Seniority List Circulated in August, 2006 for
regularization of ASCs in RPF has not been finalized and pending even as on date, and
now again the Railway Board has circulated another list dropping the Inspectors/ AD
HOC ASCs names whose names are available in Aug,2006 list.
More details can be seen on perusal of the seniority list, which include:
ı From this list, it is observed that though it is prepared in April,2012 ,but, the names
of those who were already Inspectors in the years from 1997 to 2009 not included; no
reasons have been assigned as to why their names were excluded from the list even
though they were in service when this seniority list of inspectors from 1983 onwards was
prepared;
ı The names of the Inspectors, numbering more than 160, who retired during the
years- from 2009 to 2012(March) were included even though they were not in service on
the date when the list is prepared, i.e. as on 19-4-2012;No reasons brought out as to why
it is prepared only up to 2009;
ı The reasons for dropping the names the Inspectors/ ASCs ad hoc who were in
service prior to 2009 has not been spelt out where in the list ;
ı Against the names of the Inspectors from Serial Number 01 to 53 their promotion
date (DOP) was shown between the years-1994 to 1997, while for the remaining names at
serial numbers from 53 to 448 shown between the years from 1983 to 1993; No reason
has been shown as to why and how this discrepancy in the seniority has been brought,
making the seniors as juniors and the juniors as seniors;
ı If the list and the seniority numbers vis-à-vis the DOP/ year is
verified,eg:Sr.Nos:117-year1986;118/1989;119/1986;DOP-years-1986-1987,1989-1990,1990-
1991,1992-1994,1996-1997 names interpolated the names as they feel to make fit in the
list) ; it can be construed that names of juniors have been interpolated and brought above
the names of the seniors wantonly for the reasons best known to the Railway Board and
the authors of the seniority list and who authenticated the list dated 19-4-2012;
ı Likewise, the date of promotion as shown in the list does not show their exact
seniority in the list; this can be verified from the serial number /Seniority position
numbers and seniority numbers of the list;
ı When the list is prepared and published in the year 2012, that on 19th April,2012,
why only the names of the Inspectors for the years from 1983-1997 ( 448 of which more
than 160 retired between 2009 to March,2012—i.e.in the year 2009-retired 35;2010-50;2011-
57;2012-19) was made, and that too dropping the names of the Inspectors who were on
21
the Rolls during the period from 1983 to 2009; No reasons for this exclusion has been
cited;
ı When the names of the retired Inspectors/ASCs ad hoc for the years from 2009 to
March,2012 were included in this seniority list prepared for the years 1983 to 1997 in
April,2012, why the names of the Inspectors/ ASCs ad hoc, of the years from 1983 to 2009
were dropped;
In the matter of promotion and appointment as ASCs and further promotion as DSCs , the
recent Judgment Order of the Hon’ble High Court of Madras dated 12-6-2012 in Writ
Appeal No. 538 of 2012 in W.P.16572 of 1998 may kindly be perused and Justice rendered
to one and all who are similarly placed situations like that of the Petitioners in the above
case. Hence I am filing representation under Rule 102 of the RPF Rules, 1987 requesting
to include my name also in the seniority list so as get berth in the regularized ASC list
and further pro-forma promotion as DSC to have pensionary benefits and to do justice;
22
XI:
RAILWAY PROTECTION FORCE PENSIONERS’ WELFARE ASSOCIATION,
SOUTH CENTRAL RAILWAY, SECUNDERABAD.
(AFFILIATED TO ALL INDIA RETIRED RAILWAYMEN’S FEDERATION
Head quarters office: Block-303, Railway Colony High School Premises,
Chilkalguda, Secunderabad-500 025)
President Genl. Secretary Treasurer Editor, AIRRF/Fedn. News
V.Seshadri G.V.V.N.Raju M.Srinivasulu B.K.Singh
9642164777 9652347477 9948089970 9440470868
Lr.No.RPFPWA/SCR/SC/123 Date: 31-5-2012
To
The Director General,
Railway Protection Force,
Ministry of Railways, Railway Board,
Rail Bhavan, New Delhi- 110001.
Sir,
Sub: Anomaly- not holding regular DPCs in time Schedule and deprival of Regularization of
ADHOC
ASCs and further promotion to the Rank of DSCs in RPF-deprival of Pension benefits-
Representation/Petition of Sri V. Seshadri, ASC/Retired- pending – Reg.
Ref: 1): D o P PG & PW, New Delhi letter No: DOPPW/P/2012/00214 dated 16- 01- 2012 addressed
to
The Ministry of Railways, and others;
2): Hon’ble President of India Secretariat, New Delhi,
Letter No.PRESEC/E/2011/10472-P1/D/1407110087 dated 14-7-2011
Addressed to the Hon’ble Ministry of Railways, and others:
3): Pension Grievance dated 09-4-2012: Registration NumberMORLY/E/2012/02205:
*****
I have submitted my Appeal/representations sent on 30-06-2011, 12-12-2011, 04-01-2012, 09-4-12,
19-4-12, followed by other letters, etc. The same is pending with DG/RPF, Railway Board even
without acknowledgment since about a year..
It is to submit that the Ministry of Railways, on the recommendations of the DG/RPF/Railway
Board, have approved my promotion and appointment to the Group’A’Post of Asst. Security
Commissioner/RPF in June,2002. I have worked as ASC without any break, worked against a
clear and existing vacancy up to Aug, 2006; I have been denied of my legitimate promotion to the
higher grade and rank as DSC immediately after completion of three of service like all other
directly recruited and appointed ASCs, only on the ground that I have not been regularized by
the DPC. Constitution of the DPC is within the hands of the DG/RPF and administrative failure
should not have been taken as a cause; Further, the Railway Board, DG/RPF also failed in their
duties to formulize the DPC and announce the Panel by April, 2006 as per Honorable High Court
of Delhi Orders given in Writ Petitions. In contrary to the Standing Orders issued Vide D o & PTOM
No:22011/4/98-Estt(D) dated 12-10-1998, they have wantonly ignored to include my name in
the Panel lists-later declared in 2009 for the vacancies arises for the years from 2002-2006, by
which time I was working as ASC, not retired then. They waited till 2009 to form a DPC, the delay
formulated by them to suit to their choice departmental ASCs to be placed in the Panel list for
year wise vacancies arose for 2002 to 2006, duly dropping the names of the retired ASCs there
by incorporating their junior’s names in their place and promote them as DSCs. They have
succeeded in this matter. They have ignored all the Act, the Rules of the RPF, the IREM of the
Railways; UPSC/DOP&T. etc Orders, Directions, and also the Honorable High Court’s Orders and
Directions in the matter of holding the DPC in schedule intervals; they also suppressed the
Railway Board /RBE Notifications to include the names of the retired ASCs also in the Panel
23
Lists, etc; Will it not come as contempt of the Court; contempt of the Parliament, contempt of the
Honorable President of India, violation of Human Rights, Dignity, Status, etc and for
misdirecting, misleading the higher ups on the Rules, the Laws, procedures, etc., the higher ups
were kept in dark with ulterior motive only to get their pick and choose names of ASCs
regularized through the Panel, and promote them to the rank of DSCs, by constituting the DPCs
at their choice year. Had the DG/RPF, the Railway Board which is working within the purview of
the Railway Board Act acted in right perspective in conducting the DPCs is time my name should
have come in the Panel list of 2002-2006 vacancy list and I too could have been promoted to the
rank of DSC as that of the direct ASCs and juniors. They have also did not even acknowledged
my Appeal dated 30-6-2011 followed by several reminders, nor to the letters sent from the
Honorable President of India’s Secretariat, the Ministry of Pensions, PG &PW, Pensioner’s
Welfare Associations, or of ED(PG),etc. I pray for kind intervention and to do justice to me and to
the ad hoc ASCs who rotten for decades only on the ground that they were not promoted on
account of no DPC held or when DPC announced the names they were retired and juniors
promoted, i.e., only the choice luckiest got promotions as DSC, …Pray for justice; justice
delayed justice denied, justice denied, justice buried…
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 others and to include my name in Panel List for 2002-2006 vacanicies, by
applying next below rule, or by creating extra/additional Posts/Supernumerary posts to bring my
name above to my junior ASCs/RPF (regularized and promoted as DSCs) as I have also
completed more than three years of service like that of my Juniors,for which act of kindness we
shall be ever grateful and oblige.
Yours faithfully,
(V.SESHADRI)
ASC/RPF/RETD &
President,RPFPWA,
SCR,SC
Copy submitted to:
Hon’ble President of India, President’s Secretariat, (Public-I, Section), Rashtrapati Bhavan, New
Delhi-110004 for favour kind infn., in ref. to Ltr.No.P1/D/1407110087 dated 14-7-2011, addressed
to Ministry of Railways, and to others; No reply received so far on my petition dated 30-6- 2011,
and others. Kindly do the needful.
Hon’ble Minister of Railways, Rail Mantralaya, Railway Board, Rail Bhavan, New Delhi;
The Director, Dept. of Pension & Pensioner’s Welfare, Ministry of Personnel, Public Grievances
and Pensions, Govt. of India, Lok Nayak Bhavan, Khan Market, New Delhi-110003;
The President, AIRPF Retired Officers Welfare Association, C/O Sri.S.C. Kapoor, DSC/RPF/Retd,
#154/4, Urban Estate, GURGAON-122001;
The Pension Grievance Officer (PGO), CPEMGRAMS, National e-Governance Plan (NeGP), Dept.
of Welfare, Ministry of Personnel, Public grievances and Pensions, Govt. of India, New Delhi;
Sri.Y.N.Sastry, President, All India Retired Railwaymen’s Federation, Chikalguda, Secunderabad;
Dy. Comptroller and Auditor General of India (Railways), Room No.224, Railway Board, Rail
Bhavan, New Delhi-110001;
Executive Director (Pension Grievances), Ministry of Railways, Railway Board, Room No.471, Rail
Bhavan, New Delhi-110001;in ref. to Under Secretary, GOI, Ministry of P,PG&P,D/o P&P Welfare,
Third Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003 Ltr. No..
No.DOPPW/P/2012/00214 dated 16-01-2012;
Sri. T.K.A.Nair, Advisor to the Hon’ble PM of India, Cabinet Secretariat, South Block, PMO’s
Office, Raisine Hill, New Delhi-110011;
Sri. Sam Pitroda, Advisor to the Hon’ble PM of India, Cabinet Secretariat, South Block, PMO’s
Office, Raisine Hill, New Delhi-110011, in continuation to my emails sent earlier;
24
For favor of kind information and further necessary action please.
Yours faithfully,
(V.SESHADRI)
ASC/RPF/RETD &
President, RPFPWA, SCR,SC
PENSIONER’S PORTAL; LODGED ON 31-5-2012- AT 06.30 HOURS;
ASC ADHOC MATTER:
I have submitted my Appeal/representations sent on 30-06-2011, 12-12-2011, 04-01-2012, 09-4-12,
19-4-12, followed by other letters, etc. The same is pending with DG/RPF, Railway Board even
without acknowledgment since about a year. It is to submit that the Ministry of Railways, on the
recommendations of the DG/RPF/Railway Board, have approved my promotion and appointment
to the Group’A’Post of Asst. Security Commissioner/RPF in June,2002. I have worked as ASC
without any break, worked against a clear and existing vacancy up to Aug, 2006; I have been
denied of my legitimate promotion to the higher grade as DSC immediately after completion of
three of service like all other directly recruited and appointed ASCs, only on the ground that I
have not been regularized by the DPC. Constitution of the DPC is within the hands of the DG/RPF
and administrative failure should not have been taken as a cause; Further, the Railway Board,
DG/RPF also failed in their duties to formulize the DPC and announce the Panel by April, 2006 as
per Honorable High Court of Delhi Orders given in Writ Petitions. In contrary to the Standing
Orders issued Vide D o PT- OM No:22011/4/98-Estt(D) dated 12-10-1998, they have wantonly
ignored to include my name in the Panel lists-later declared in 2009 for the vacancies arises for
the years from 2002-2006, by which time I was working as ASC, not retired then. They waited till
2009 to form a DPC, the delay formulated by them to suit to their choice departmental ASCs to
be placed in the Panel list for year wise vacancies arose for 2002 to 2006, duly dropping the
names of the retired ASCs there by incorporating their junior’s names in their place and promote
them as DSCs. They have succeeded in this matter. They have ignored all the Act, the Rules of
the RPF, the IREM of the Railways; UPSC/DOPT. etc Orders, Directions, and also the Honorable
High Court’s/Supreme Orders and Directions in the matter of holding the DPC in schedule
intervals; they also suppressed the Railway Board /RBE Notifications to include the names of the
retired ASCs also in the Panel Lists, etc; Will it not come as contempt of the Court; contempt of
the Parliament, contempt of the Honorable President of India, violation of Human Rights, Dignity,
Status, etc and for misdirecting, misleading the higher ups on the Rules, the Laws, procedures,
etc., the higher ups were kept in dark with ulterior motive by constituting the DPCs at their
choice year. Had the DG/RPF, acted in right perspective in conducting the DPCs is time my name
should have come in the Panel list of 2002-2006 vacancy list , I too could have been promoted to
the rank of DSC as that of the direct ASCs and juniors immediately after 3 years of service. They
have also did not even acknowledged my Appeal dated 30-6-2011 followed by several reminders,
nor to the letters sent from the Honorable President of India’s Secretariat, the Ministry of
Pensions, PG PW, Pensioner’s Welfare Associations, or of ED(PG),etc. I pray for kind
intervention and to do justice to me and to the ad hoc ASCs who rotten for decades only on the
ground that they were not promoted on account of no DPC held or when DPC announced, the
names dropped as they were retired and juniors promoted, i.e., only the choice luckiest got
promotions as DSC, …Pray for justice; justice delayed justice denied, justice denied, justice
buried…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) and to
include my name in Panel List for 2002-2006 vacancies, by applying next below rule, or by
creating extra/additional Posts/Supernumerary posts to bring my name above to my junior
ASCs/RPF (Direct or/dept.regularized and promoted as DSCs) as I have also completed more
than three years of service like that of my Juniors, for which act of kindness we shall be ever
grateful and oblige.
Registration Number is : MORLY/E/2012/03392 :
25
To Date: 14-7-2012
The Director General, RPF,
Railway Protection Force,
Railway Board, Rail Bhavan,
New Delhi-110001.
THROUGH -- IG-cum-CSC, SCR, Secunderabad.
Sir,
Sub: Seniority List of Inspectors on All India Basis from 1983 onwards- for
Regularization of ASCs - reg.
Ref: DG, RPF, R.B. Notification No.2004/SEC(E)/SR-2/4, dated 19-4-2012,
U/Rule 27(1) (e) of the RPF Rules, 1987.
. <><><><><>
I submit that I have been empanelled as Inspector in the year 1983 over South Central Railway. I
have worked as ASC from 2002 to 2006 and retired from service on 31-08-2006. My name stands
in the Seniority List of Inspectors published vide No.2006-SEC(E)/PM-2/14, dated 04-08-2006 for
regularization of ASCs. Strangely enough without assigning any reasons, my name has been
dropped without finalization of names of Inspectors for regularization as ASC for the vacancies
arise prior to 2006. (Ref: Rule 69.1; r/w 88.2; 55.1 of RPF Rules, 1987), based on this seniority list
alone, DPC Panel Lists for the promotions as Asst. Commandants/ASCs in the RPF is being
done at which time I was in service.
Kindly connect the DoP & T –OM No.22011/4/98-Estt. (D) dated 12-10-1998; OM No.35034/7/97-
Estt(D) of 15-9-2005 and OM No.35035/7/97-Estt (D) of 16-22005 - the procedure to be followed by
the DPCs in regard to inclusion of retired employees names in the Panel Lists- Para Nos:2,3 and
apply in my case for regularization. Had the DPCs held in time without any delay on
administrative lapses, etc, I too could have been retired as DSC like my juniors?
Keeping in view of the recent Judgment Order of the Hon’ble High Court of Madras dated 12-6-
2012 in Writ Appeal No. 538 of 2012 IN W.P.16572 of 1998, the same Principle may kindly be
applied in my case also to include my name in the seniority list of Inspectors being brought out
from 1983 onwards and also in the year wise Panel Lists for the vacancies of ASCs, and promote
me to the rank of DSC/RPF at par with my Juniors so that I shall I have the Pensioners’ Benefits
in fixation of Basic Pension etc.
The Constitutional and Fundamental Rights Guaranteed U/Article 309 for promotions, Protection
of Seniority effect of continuous officiating/adhoc and the effect of delay in holding the DPCs.,
and its consequential loss to the employees as given in various Judgments of Hon’ble Supreme
Court etc., may kindly be perused in the attachment. A reply is solicited.
Submitted please Yours faithfully,
Encl:- ( 04 )
(V.SESHADRI)
ASC/RPF/Retd.
H.No.24-147/4/2, East Anandbagh,
MALKAJGIRI, SECUNDERABAD-500047.
Copy submitted to: IG-cum-CSC, RPF, East Coast Railway, Bhubaneswar- through Sr.DSC
RPF/Waltair Divn. VSKP for favour of kind perusal and further necessary action please.
Copy in advance submitted to avoid transit delay to:
The Director General , Railway Protection Force, Railway Board, Rail Bhavan, New Delhi-110001;
The Under Secretary, the Ministry of Personnel, Public Grievances and Pensions,
Department of Pension and Pensioner’s Welfare,3rd Floor,Lok Nayak Bhavan, Khan Market, NEW
DELHI-110003.
The Director, Public Grievances, Dept. of Legal Affairs, Hqs, 4th Floor, ‘A’ WING,
26
Shastry Bhavan, NEW DELHI- 110001;
The Director, Govt. Of India, Ministry of Public Grievances & Pensions, Dept. of Pensions &
Pensioner’s Welfare, 3rd Floor, Lok Nayak Bhavan, Khan Market, NEW DELHI- 110003;
The Pension Grievance Officer (PGO), (PEMGRAMS), National e-Governance Plan
(Ne GP), Dept. of Pension & Pensioner’s Welfare, 3rd Floor, Lok Nayak Bhavan,
Khan Market, NEW DELHI- 110003
The Sr.DSC/RPF/Waltair Divn. East Coast Railway, Dondaparthi Road, VSKP:
The President, AIRRF/SC, Block No.303, Railway Colony H.S.Chilkalguda, Secunderabad – 25.
The President, RPFPWA/SCR - do -
For favour of kind perusal and further necessary action please.
(V.SESHADRI)ASC/RPF/Retd.
<><><><><>
To Date: 14-7-2012
IG-cum-CSC,
East Coast Railway,
Bhubaneswar.
Sir,
Sub: Seniority of Inspectors on All India Basis from 1983 onwards- for
Regularization of ASCs- Representation u/r 102 of The RPF Rules, 1987 -
reg.
Ref: DG, RPF, R.B. Notification No.2004/SEC (E)/SR-2/4, dated 19-4-2012,
U/Rule 27(1) (e) of the RPF Rules, 1987.
<><><><><>
With reference to the above, it is to submit that I have been appointed as Sub-Inspector in the
year 1969 and got promotion as Inspector in the year 1983. I have served in the South Central
Railway from 1970 to 2002. On promotion and appointment as ASC/RPF-Group ’A’ Cadre Post in
the RPF I have been transferred and worked as ASC over South Eastern Railway from June, 2002
to August, 2003, and on transfer from there to East Coast Railway as ASC/RPF, I have worked in
the Waltair Division up to 31-8-2006, till my retirement on superannuation. My Service Record
and the SR as ASC/RPF along with ACRs are maintained at the E.Co.Railway/Waltair Division.
Copies of the representations dated 31-5-2012, and 14-7-2012 submitted to the DG/RPF, Railway
Board, New Delhi are attached herewith for favor of kind perusal and further necessary action at
your end. I have sent representations on the subject matter while in service and continued to
fight for the right cause even after retirement. In June, 2011, I have represented this matter
through letters, Emails; Pensioners Portal, etc before the Honorable President of India, and to all
concerned like the Honorable MR, Ministry of Pensions and Pensioner’s Welfare, PGO, including
Honorable PMO’s office, etc.
As the subject matter pertains to the Ministry of Railways, Railway Board, they have sent the case
to the Railway Board, New Delhi for further necessary action. It is very reliably learnt that the
Honorable Comptroller and Audit General India’s office, New Delhi also taken up the matter and
referred to case to South Central Railway; Ironically, the S.C.Railway found to have again taken
‘U’ turn, and the matter is being referred to General Manager/ IG-cum-CSC,RPF/ East Coast
Railway, Bhubaneswar for further necessary action on the matter on ground that I have retired
as ASC/RPF from East Coast Railway and that all the Records, such as SRs, ACRs, are being
maintained over E. Co. Railway. I submit that my lien even as ASC or on retirement lies with the
South Central Railway, my Parent Railway.
It is also to submit that the matter of maintenance of the Seniority of the Inspectors, RPF over
Indian Railways lies with the DG, RPF; holding of the DPCs for consideration of Inspectors for
27
promotion and appointment to the post of ASC, RPF against year wise vacancies is also lies with
the DG, RPF, Railway Board.
While my case still pending with the DG,RPF, Railway Board, and without finalization of the
previous names of Inspectors who were in service on the dates of the vacancies arose against
the consideration period/year, and in violation of the established Rules, the Law, IREM, DoP&T
Directions on the matter of holding of the DPCs in time schedule, regularization of the AD HOC
ASCs, before taking up the cases their juniors and creating new seniority lists of Inspectors by
dropping seniors names on the plea of their retirement shall lead to injustice to seniors and
initiating no action/ inaction on the part of the administration/DG, RPF, Railway Board attract
violation of senior citizens FRs; Constitutional Rights and violation of the Law/the Rules framed
in the matter of not holding the time-schedule DPCs and on continuation of AD HOC ASCs for
several years, etc. and also attracts the RTI C&AG of India queries on this matter.
In the interest natural justice and to keep up the Honor of the Judgments/Orders pronounced by
the Honorable Supreme Court of India and other Honorable High Courts in the matter of holding
of DPCs in the RPF in time schedule , in time regularizations, continuation of departmental ASCs
on ad hoc for several years , denial of promotion to them as DSCs on completion of three years
of service at par with that of the Direct Recruit ASCs taking the plea that they have not been
regularized through DPCs, dropping the names of the senior Inspectors/AD Hoc ASCs on plea
that they have retired etc, and to meet the ends of Justice I pray to include my name in the
seniority list of Inspectors being brought out from 1983 onwards and also in the year wise Panel
Lists for the vacancies of ASCs, and promote me to the rank of DSC/RPF at par with my Juniors
so that I shall I have the Pensioners’ Benefits in fixation of Basic Pension etc.
In the circumstances mentioned supra, I pray your Honor to consider to forward my
representation to the DG, RPF, Railway Board, New Delhi for favor kind consideration and
Orders please.
A reply is solicited.
Submitted please
Yours faithfully,
Encl:-as above: ( 04 )
(V.SESHADRI)
ASC/RPF/Retd.
H.No.24-147/4/2, East Anandbagh,
MALKAJGIRI, SECUNDERABAD-500047.
Copy submitted to:
· The General Manager,East Coast Railway,Bhubaneswar,Odissa State.
· The Director General, RPF,Railway Protection Force,Railway Board, Rail Bhavan,New Delhi-
110001.
For favor of kind information and further necessary action please.
Contd….
28
XII:
ALL INDIA RETIRED RAILWAYMEN’S FEDERATION, HQ--SECUNDERABAD
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.
<><><><><>
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
29
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:
Hon’ble Minister of Railways, Rail Mantralaya, Railway Board, Rail Bhavan, New Delhi;
Sri.U.S.Jha, General Secretary, AIRPF Association, New Delhi;
The President, AIRPF Retired Officers Welfare Association, New Delhi;
The Director, Dept. of Pensioner’s Welfare, Ministry of Personnel, Public grievances and
Pensions, Govt. of India, New Delhi;
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.
Copy to Sri.V.Seshadri, ASC/RPF/Rtd.H.No. 24-147/4/2,Sri Ranga Sampath Nilayam, East Anand
Bagh, Malkajgiri, Secunderabad- 500 047.
<><><><>
XIII:
PENSIONER’S PORTAL; LODGED ON 31-5-2012- AT 06.30 HOURS;
ASC ADHOC MATTER:
I have submitted my Appeal/representations sent on 30-06-2011, 12-12-2011, 04-01-2012, 09-4-12,
19-4-12, followed by other letters, etc. The same is pending with DG/RPF, Railway Board even
without acknowledgment since about a year. It is to submit that the Ministry of Railways, on the
recommendations of the DG/RPF/Railway Board, have approved my promotion and appointment
to the Group’A’Post of Asst. Security Commissioner/RPF in June,2002. I have worked as ASC
without any break, worked against a clear and existing vacancy up to Aug, 2006; I have been
denied of my legitimate promotion to the higher grade as DSC immediately after completion of
three of service like all other directly recruited and appointed ASCs, only on the ground that I
have not been regularized by the DPC. Constitution of the DPC is within the hands of the DG/RPF
and administrative failure should not have been taken as a cause; Further, the Railway Board,
DG/RPF also failed in their duties to formulize the DPC and announce the Panel by April, 2006 as
per Honorable High Court of Delhi Orders given in Writ Petitions. In contrary to the Standing
Orders issued Vide D o PT- OM No:22011/4/98-Estt(D) dated 12-10-1998, they have wantonly
ignored to include my name in the Panel lists-later declared in 2009 for the vacancies arises for
the years from 2002-2006, by which time I was working as ASC, not retired then. They waited till
2009 to form a DPC, the delay formulated by them to suit to their choice departmental ASCs to
be placed in the Panel list for year wise vacancies arose for 2002 to 2006, duly dropping the
names of the retired ASCs there by incorporating their junior’s names in their place and promote
them as DSCs. They have succeeded in this matter. They have ignored all the Act, the Rules of
the RPF, the IREM of the Railways; UPSC/DOPT. etc Orders, Directions, and also the Honorable
30
High Court’s/Supreme Orders and Directions in the matter of holding the DPC in schedule
intervals; they also suppressed the Railway Board /RBE Notifications to include the names of the
retired ASCs also in the Panel Lists, etc; Will it not come as contempt of the Court; contempt of
the Parliament, contempt of the Honorable President of India, violation of Human Rights, Dignity,
Status, etc and for misdirecting, misleading the higher ups on the Rules, the Laws, procedures,
etc., the higher ups were kept in dark with ulterior motive by constituting the DPCs at their
choice year. Had the DG/RPF, acted in right perspective in conducting the DPCs is time my name
should have come in the Panel list of 2002-2006 vacancy list , I too could have been promoted to
the rank of DSC as that of the direct ASCs and juniors immediately after 3 years of service. They
have also did not even acknowledged my Appeal dated 30-6-2011 followed by several reminders,
nor to the letters sent from the Honorable President of India’s Secretariat, the Ministry of
Pensions, PG PW, Pensioner’s Welfare Associations, or of ED(PG),etc. I pray for kind
intervention and to do justice to me and to the ad hoc ASCs who rotten for decades only on the
ground that they were not promoted on account of no DPC held or when DPC announced, the
names dropped as they were retired and juniors promoted, i.e., only the choice luckiest got
promotions as DSC, …Pray for justice; justice delayed justice denied, justice denied, justice
buried…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) and to
include my name in Panel List for 2002-2006 vacancies, by applying next below rule, or by
creating extra/additional Posts/Supernumerary posts to bring my name above to my junior
ASCs/RPF (Direct or/dept.regularized and promoted as DSCs) as I have also completed more
than three years of service like that of my Juniors, for which act of kindness we shall be ever
grateful and oblige.
Registration Number is : MORLY/E/2012/03392 :
XIV:
RAILWAY PROTECTION FORCE PENSIONERS’ WELFARE ASSOCIATION,
SOUTH CENTRAL RAILWAY, SECUNDERABAD.
(AFFILIATED TO ALL INDIA RETIRED RAILWAYMEN’S FEDERATION
Head quarters office: Block-303, Railway Colony High School Premises,
Chilkalguda, Secunderabad-500 025)
President Genl. Secretary Treasurer Editor, AIRRF/Fedn. News
V.Seshadri G.V.V.N.Raju M.Srinivasulu B.K.Singh
9642164777 9652347477 9948089970 9440470868
Lr.No.RPFPWA/SCR/SC/ Date: 09-4-2012
To
The Director General,Railway Protection Force,
Ministry of Railways, Railway Board,
Rail Bhavan, New Delhi- 110001.
31
Sir,
Sub: Anomaly- not holding regular DPCs in time Schedule and deprival of
Regularization of ADHOC ASCs and further promotion to the
Rank of DSCs in RPF-deprival of Pension benefits-Representation/Petition
of Sri V. Seshadri pending – Reg.
Ref: 1): D o P PG & PW, New Delhi letter No: DOPPW/P/2012/00214 dated 16-01-
2012 addressed to the Ministry of Railways, and others;
2): Hon’ble President of India Secretariat, New Delhi,
Letter No.PRESEC/E/2011/10472-P1/D/1407110087 dated 14-7-2011
Addressed to the Hon’ble Ministry of Railways, and others:
*****
Kindly connect the representations of Sri. V. Seshadri, ASC/RPF, retired, sent on
30-06-2011, 12-12-2011, 04-01-2012 followed by other letters, etc.
1. In the year 2002, I am one of the Inspector- promoted and appointed to the rank of ASC/RPF, Group ’A’
Cadre Post, against a clear, non-fortuitous, existing vacancy after following all due formalities laid down in the RPF
GO’s Recruitment and Promotion Rules, 1994 and other Railway Establishment Rules pertaining to ad-hoc
promotions, and with the approval of the Ministry of Railways. There is no Group ’B’ Cadre Post in the Railway
Protection Force; (abolished in 1982). In accordance with the laid down RPF Act, RPF Rules, RPF (Group ‘A’
posts…) Recruitment Rules, 1994.
2. To regularize departmentally promoted and appointed Ad-hoc ASCs in Group ‘A’ Cadre Posts and to
consider them for next promotion to the rank the DSCs only three DPCs for the vacancy position of ASCs for the
years from 1994 to 2008 found to have been held. But ironically, the names of the ASCs who were holding the
posts of ASCs on the dates of actual vacancies, their names were dropped from the Panel lists on the ground that
they were retired, and incorporating the juniors’ names in their place in the Panel Lists. By this unilateral decision
of the RPF/Administrators found to be against the Principles of Natural Justice and against the Orders issued by
DoP&T of the GOI, barred the senior most ASCs to retire without confirmation and pension fixation in higher scale.
3. Ad-hoc promotions in RPF were made on the point that the Administration did not, for the reasons best
known to them could not conduct the DPCs in time Schedule. This system continued for several years.
4. On administrative account and interest, direct ASCs with three years service were promoted to the rank
of DSCs who were later regularized as DSCs, by making a provision to reduce the stipulated period of five years to
that of three years.
32
5. They have bye-passed and sidetracked all the Rules, Orders, D o P & T, UPSC, Railways, Notifications,
Directions, the Laws, including the Hon’ble Supreme Court’s Orders, and of other Hon’ble High Court’s
Orders/Judgments in the matter of regularization of ad-hoc ASCs in RPF, as explained in my earlier letters.
6. In contrary to the Standing Orders issued Vide D o & PT- OM No:22011/4/98-Estt(D) dated 12-10-1998,
they have wantonly ignored to include my name in the Panel lists-later declared in 2009 for the vacancies arises
for the years from 2002-2006, by which time I was working as ASC, not retired then.
7. In terms of D o P&T OM No. 35035/7/97-Estt(D) date 16-02-2005 , 08-02-2002; OM No.22011/9/98-Estt.
(D) Dated 08-9-1998, and other orders on the matter, the decision of the Government was reiterated not to permit
suppressions in promotions; to amend the Service/Recruitment Rules so as to appropriately incorporate the mode
of promotions and to submit ‘Status Report’ by 31-5-2005, which , it seems not done by the RPF administration for
the reasons best known to them. This may be with a view to oppress and suppress the departmental ASCs to
continue as ad hoc and the direct ASCs get higher promotions from third year onwards and, now, go up to the rank
of IGs. The delaying like deadpan tactics found to have been adopted by the RPF Administration only to suppress
departmental senior ASCs to the maximum possible extent, and when pressurized to hold DPCs at a later stage,
cover up their wanton exercise and give berth to juniors, of their choice.
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 others and to
include my name in Panel List for 2002-2006 vacanicies, by applying next below rule, or by creating
extra/additional Posts/Supernumerary posts to bring my name above to my junior ASCs/RPF (regularized and
promoted as DSCs) as I have also completed more than three years of service like that of my Juniors,for which act
of kindness we shall be ever grateful and oblige.
Encl: ( ):
Yours faithfully,
(V.SESHADRI)
ASC/RPF/RETD &
President,RPFPWA,
SCR,SC
Copy submitted to:
Hon’ble President of India, President’s Secretariat, (Public-I, Section), Rashtrapati Bhavan, New Delhi-
110004 for favour kind infn., in ref. to Ltr.No.P1/D/1407110087 dated 14-7-2011, addressed to Ministry of
Railways, and to others; No reply received so far on my petition dated 30-6- 2011, and others. Kindly do the
needful.
1. Hon’ble Minister of Railways, Rail Mantralaya, Railway Board, Rail Bhavan, New Delhi;
2. The Director, Dept. of Pension & Pensioner’s Welfare, Ministry of Personnel, Public Grievances and
Pensions, Govt. of India, Lok Nayak Bhavan, Khan Market, New Delhi-110003;
3. The President, AIRPF Retired Officers Welfare Association, C/O Sri.S.C. Kapoor, DSC/RPF/Retd, #154/4,
Urban Estate, GURGAON-122001;
4. The Pension Grievance Officer (PGO), CPEMGRAMS, National e-Governance Plan (NeGP), Dept. of
Welfare, Ministry of Personnel, Public grievances and Pensions, Govt. of India, New Delhi;
33
5. Sri.Y.N.Sastry, President, All India Retired Railwaymen’s Federation, Chikalguda, Secunderabad;
6. Dy. Comptroller and Auditor General of India (Railways), Room No.224, Railway Board, Rail Bhavan, New
Delhi-110001;
7. Executive Director (Pension Grievances), Ministry of Railways, Railway Board, Room No.471, Rail
Bhavan, New Delhi-110001;in ref. to Under Secretary, GOI, Ministry of P,PG&P,D/o P&P Welfare, Third
Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003 Ltr. No.. No.DOPPW/P/2012/00214 dated 16-
01-2012;
8. Sri. T.K.A.Nair, Advisor to the Hon’ble PM of India, Cabinet Secretariat, South Block, PMO’s Office,
Raisine Hill, New Delhi-110011;
9. Sri. Sam Pitroda, Advisor to the Hon’ble PM of India, Cabinet Secretariat, South Block, PMO’s Office,
Raisine Hill, New Delhi-110011, in continuation to my emails sent earlier;
For favor of kind information and further necessary action please.
Yours faithfully,
(V.SESHADRI)
ASC/RPF/RETD &
President, RPFPWA, SCR,SC
XV:
PLIGHT OF THE RAILWAY PROTECTION FORCE (RPF) DEPARTMENTAL ASSISTANT SECURITY
COMMISSIONERS (ASCs)/ ADHOC FOR SEVERAL YEARS WITHOUT REGULARIZATION AND
WITHOUT PROMOTION: Views & Vision.
I:
Take the RPF working system in the Ministry of Railways, that is, in other words, the Railway
Protection Force Working formulae adopted between the direct recruit RPF/ASCs selected and appointed
through UPSC, and with that of the departmentally promoted and appointed to the Group ‘A’ Cadre Post of
RPF/ASCs; both Group ‘A’ Cadre Officers on appointment after following all the principles and with the
approval of the Ministry of Railways, Competent Authority, etc.; Both shall hold same rank, status, pay,
perks, responsibilities but they – the ADMINSISTRAION/HOD IN THE RAILWAY BOARD- all in all authority
for the RPF in INDIA- blessings are adopted differently;
Direct ASCs get DSCs promotion immediately after completion of three of service, while the
departmental ASCs, in the name and style of ADHOC/Officiating as ASCs, shall continue for several years,
on the ground that their position as ASCs not/could not be r
．．．．．．．．．．．．．．．．．．．egularized through the DPCs, hence not
．．．．．．．．．．．．．．．．．．．． ．．．．．．．．．．．．．
promoted as DSCs; WHO IS TO BE BLAMED AND WHO IS AT FAULT? THE ADMINSISTRATION’S FAULT
．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．
IS RUBBED AND THROWN ON THEM AND MADE THEM TO RETIRE AS ASCs ADHOC, while others , get
．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．
through ‘GOD FATHERS’: Several Judgments, O
．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．rders, Directions, from the Hon’ble High Courts, and also
．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．
from the Apex Court in different Writ Petitions have come out on this issue, but still the same amplitude
．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．
modulations are continuing? Why?
．．．．．．．．．．．．．．．．．．．．．．．．．．．．．
34
Nothing changed in the pattern of their minds, DPCs not being held as per schedule, rules, but the
departmental promotes- as ASCs/ADHOC retire; their names dropped from the Panel Lists taking the plea
that they have retired, even against the vacancies of the years when they were in service, and juniors are
given regularization and DSCs promotion? WHAT A PRINCIPLED JUSTICE OF THEIR OWN NORMS AND
RULES? No D o P & T’s, U P S C’s, RPF Rules, RPF Laws, Applicable Railway’s Establishment Rules, and
the Provisions incorporated in the Constitution of India, etc., regarding the Officiating/ADHOC continuance,
steps to be taken when DPCs not held in time Schedule, shall come on their way in suppression of legitimate
promotions and benefit of higher scale pension fixation, etc.
If they do not want some one’s name, not to be listed, and instead, if they like some other junior, the
interested name of the departmental ASC/ADHOC shall appear in the Panel Lists, duly getting his earlier
punishments, etc. wiped out as dropped on mercy ground and regularized, promoted as DSC? What is there
in this system, just consume and digest?
No references of the Hon’ble President’s Secretariat letters, Ministry of Pensions and PGs letters,
other Representations/Petitions shall have any Value to them; there shall be no replies or even
acknowledgments on the status, or what action is being taken by them/RPF,HOD, they just keep quite? Such
type of working some day burst out like that of the present accusations by the top-brass even in the Army,
Ministries/departments, etc; in the Metro Railway of Hyderabad-HMR, the Hon’ble High Court gave ‘Stay
Order’ for its works in some corridors, the Railways Works taken up by the State with cover up of AP
Tramways Act, etc., what is the Constitutional validity herein above? Which we see now in the NEWS?
Can any Officer/personnel in the Ministry of Railways, Railway Board, Rail Bhavan, or at the Director
General’s Office, Railway Protection Force see the pending files about the Grievance/Representations of the
RPF departmentally promoted ASCs plight, still pending even on date and finalize the issue, the
‘MISTREATMENT’ found to be continuing to them even for decades, even after retirement:
No one is/has/or shall come forward to dispose the files in favour of them as they have no ‘God
Fathers’ to get the matter pushed further and get the ADHOC ASCs regularized at par with their juniors and
give them their legitimate, promotion as DSCs, or at least financial pension benefits, etc as per the D o P &T
OMs. All the References sent from the Hon’ble President of India’s Secretariat, the Ministry of Pensions and
PG, personal appeals, etc., kept pending by them and not even an acknowledgment sent;
II: VI PC Recommendations and its implementations: An ANAMOLY by all means and a blow to the
SENIORS in 10/20/30 years service promotions, for those retired between 01-01-2006 and 31/8/2008; Here
again the losers are the Seniors only: Who shall help in this regard to rectify and do justice to the Seniors
with more than 35-40 years of service but retired before 1-9-2008.
Ironically, another ‘GOD Fathers’ case - A GREAT INJUSTICE AND UNRECOVERABLE FINANCIAL
LOSS AND STATUS TO THE SENIORS – the central Government employees- WHO HAPPENED TO BE IN
SERVICE BETWEEN 01-01-2006 AND 31-8-2008, the ‘ Separate and Specific-Decision Making Order of
Implementation’ date- made effective from 01-9-2008 instead of 01-01-2006’, though a Gift through VI PC
Recommendation’s to one all but only for a few through its implementation date- changed over- from 1-1-
2006 to 1-9-2008.O! ‘GOD FATHER’ help t
．．．．．．．．．．．．．．．．．．o remove this ANONALY TOO, TO GET BENEFIT TO ONE AND
．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．
ALL
．．．
–
．‘
THE CENTRAL GOVERNMENT EMPLOYEES’ AS PER THEIR DATE OF BIRTH WHO RETIRED
．．．． ．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．． ．．．．．．． ．．． ．．．．．．．
BETWEEN 01
．．．．．．．．．-
．0
1
．．-
． 2006 and 01
．．．．．．．．．-
．9
．-
． 2008;What a
formulae adopted to and for such employees having no ‘
GOD
．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．
FATHERS? While the junior
．．．．．．．．．．．．．．．．．．．．．．s draw more pensions, the seniors deprived of the same? What a type of Justice
．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．
done? The saying that matters
．．．．．．．．．．．．．．．．．．．．．．．．．
- Justice denied, Justice buried? Help US.
III:While Group ’B’ Officers who retire before completion of three years of service on adhoc basis shall be
given and made eligible for the issue of ‘First Class ’A’ Complementary passes’ but same is denied to the
35
RPF Adhoc ASCs, even though they have worked in higher cadre post- Group’ A’ Cadre Post- they are
above the Group ’B’ Cadre post category Job;and enjoyed the privilege of First Class’A’ pass while in
service, but the same denied on their retirement. When Group ‘A’ Cadre- ASCs Adhoc represent this matter,
they have no God Father , their cases are denied on one or the Railways Pass Rules without even
considering that great injustice has been done to this RPF-ASCs of Group ‘A’ Category, when compared with
that of the Rules framed favouring the Group ‘B’ Cadre Officers in the Railways System; this ANAMOLY IS
．．．．．．．．．
CONTINUING INSPITE OF SEVERAL REPRESENTATIONS
．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．．
AND NO ACTION TAKEN BY THE
．．．．．．．．．．．．．．．．．．．．．
MINISTRY
．．．．．．．．
OF RAILWAYS.
．．．．．．．．．．．
As luck would have it, there is no Group ‘B’ Cadre Post in the RPF department. A Group ’C’ cadre
post Inspector- Non-Gazetted shall be promoted and appointed against a clear and sanctioned, nonfortuitous
post of ASC/RPF with an additional word added in the Order as they have been appointed on
‘ADHOC’ base; Why this differentiation and discrimination between the RPF Group ‘A’ Cadre post
ASCs/Adhoc, and with that of the Group ’B’ Cadre post Officers of the Railways, the sounding reason, they
have no God Father to get their ANAMOLY rectified and the Financial Commissioner of the Railways have to
be convinced, by whom, who cares applications, etc.
IV:KINDLY HELP THE SENIOR MOST RPF- FORCED TO WORK ON AD HOC BASIS FOR SEVERAL YEARS WITHOUT
CONDUCTING REGULAR/SCHEDULED DPCs AND THEY WERE MADE TO RETIRE WITHOUT EVEN GETTING THE
PENSIONARY BENEFITS WHICH THEIR JUNIORS ARE ENJOYING NOW IN THIS GOI/UOI'S - MINISTRY OF RAILWAYS/RPF?
KINDLY HELP AND SOLVE THESE PROBLEMS ONCE FOR ALL!
THIS IS A TYPE OF INELUCTABLE AMPLITUDE MODULATION ATTITUDE INEXORABLE INEQUITY WITH
AUSTERITY,MAY CROP UP IN ANY FORCE, ALSO IN RPF, HIGHER AUTHORITIES DEALING IN PROMOTIONS, AD-HOC
REGULARIZATION,APPROVAL BY THE RAILWAYS, UPSC, DoP&T, PRESIDENT'S SECRETARIAT, ROUTINE-WAY W/O
FOLLOWING RULES,LAW, CONSTITUTION, ORDERS/DIRECTIONS & JUDGMENTS,ETC,ETC CAN BECOME BASE FOR THIS
TYPE OF MISCONCEPTIONS/BIASED ON MIS-DIRECTIONS,DISCRIMINATION & DIFFERENTIATION AMONG
GROUP'A'CADRE DEPARTMENTAL/DIRECT OFFICERS,ADHOC ASCs LIKE SANDWICH/BOARDS,CONTINUING FOR
SEVERAL YEARS AT THEIR WILL & PLEASURE,W/O DPCS &W/O PROMOTIONS AS DSCs; THE DISCONTENTMENT,
CHAOS,ETC MAY BURST OUT THROUGH SOME WAY BY SOME ONE AND SPREAD LIKE WILD FIRE ON SOME DAY, WHO
IS SPARTACUS/GLADIATOR?
On my letters sent through email:
One reply received:
1):Dear Sir, Kindly refer to your e-mail of 10th April 2012.
Your mail has been forwarded to Director (E-I), of DOPT for further action /clarification.
You may kindly pursue with her on dire1-dopt@nic.in. However, pls be adviced that
for complete resolution of your request, you will need to approach only the Railway Ministry, and not DOPT.
M.C.Luther, Director Admin ,Deptt. of Personnel and Training ,Govt. of India ;Tel : 011-23092338
2): Right from the President of India’s Secretariat to any other Ministry/department, the final and The Ultimate
end point again comes to RPF/Railway Administration, Railway Board New Delhi: But who shall take initiative
to finalise the issues,; O! GOD help US::
THIS IS THE ONLY EPLY RECEIVED WITH A RAY OF HOPE, WHILE THE HONORABLE PRESIDENT OF
INDIA’S SECRETRIAT AND THE D o P&PW HAVE PROMPTLY SENT COPY OF THE LETTERS
36
ADDRESSED TO THE RAILWAY BOARD FOR FURTHER NECESSARY ACTION AT TEIR END. BUT ,
IRONICALLY WE ARE SEEING THE END OURSELVES AND THE RILWAY BOARD OR THE DIRECTOR
GENERAL, RPF, RAILWAY BOARD, NEW DELHI…
EXTRA***
OCT,2012---published in___:…http://reportmysignalpm.blogspot.in/2011/07/central-police-forces-and-statearmed.
html?showComment=1349198476416#c7925545997570881705
Appointment of Superior Officers in RPF-Armed Force -Views and vision: Railway Protection Force or
generally referred to as the Railway Police Force is working under the control, command, and supervision of
the Ministry of Railways. Still, it is viewed as a Secondary Force from amongst the CPOS/CPMFS as it is not
working under Ministry of Home Affairs. The Ministry of Railways too found to have not inclined to implement
the VI CPCs Pay Scales while issuing the revised PPOs to RPF pre-2006 retirees;but applies its own Orders
like that of railway staff;pension settlements are to be made, to that of CPMFs by MHA. This ANOMALY IS
CONTINUING WITHOUTANY RETIFICATION, OR MODIFICATION OF EARLIER ORDERS TO APPLY TO
ALL THE RPF pre-2006 PENSIONERS LIKE THE OTHER CPMFS.The appointment of the Superior Officers
has been streamlined by the RPF Act,1957 and the RPF(Superior Officers)Recruitment Rules, 1974-amended
in 1981regulating the mode of recruitment of superior officers. again amended in 1994 and 2006.in the RPF
there are only two Groups of posts – Group ‘C’ and Group ‘A’; Earlier ASC- Group ’A’ Cadre for direct recruits-
60%- through UPSC, and 40% by promotion of departmental ASCs of Group ‘B’ Category. The posts of ASCGroup
‘B’ category, 100% - by selection from Inspectors;the working system was so congenial, no
indifferences among the Group ‘A’ Cadre ASCs, and other departmental ASCs, as of now, the entire working
system of ASCs without regularization &other ASCs with three years of service getting their higher rank
promotions ,promote ASC started to rotten,retire with loss of pensionary benefits, while their juniors get
regularization and higher ranks in their place due to belated DPCs,mis-managemenent/manage-otherwise
process;ad hoc ASCs totter in hope of DSC.The Railway Board, the DG, RPF shoulders the responsibility of
conducting the DPCs as per DoP&T,UPSC- OMs in time-schedule, made its headway in regularizing the ad
hoc ASCs at their will, announce the panel names by dropping the names of the retirees on the ground that
they were not in service on the dates/year of selection/DPC Panel date.This misinterpretations of DoP&T
Orders, like -OM No.22011/4/98-Estt.(D) dated 12-10-1998-‘ Procedure to be followed by the DPCs in regard
to retired employees’-but not followed& fooled even in RTI replies;and hampered RPF retirees and the family
pensioners’ life and pension, status & dignity;juniors drawing more pension. FR, intrusion to Article 309,
supreme courts judgments not cared, etc.Any type of umbrage and upsurge by the adhoc ASCs'appeals,for
regularization but nil result.fact and peril continue unabated at all stages, files goes through Railway Board
UPSC and to the Honorable President of India’s Secretariat .The great expectations and vision for
systematized selection, and promotion process without the word of ad hoc system;the seniors are not dropped
while their juniors are elevated to higher ranks with pay and pension benefits. Let the senior citizen’s
virtualization come true.make-out&CompareRPF- CPMFS/CPOS in VI CPC-Grade Pay Structure.They are
made applicable for serving RPF STAFF only-Not for PRE-2006/ Retired RPF staff by Railways-the disparity
remains for ever in RPF Armed Force, except Group'A' posts: