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To                                                                                                     Date: 24-12-2012

Hon’ble Minister of Railways,

Rail Mantralaya, Railway Board,

Rail Bhavan, New Delhi-110001.

Honored Sir,

Sub: Representation from- V.Seshadri, Asst. Security Commissioner,

Group ‘A’ Cadre Post, RPF, Retired- - Senior’s names dropped from DPCs Panel

Lists of 2001 to 2009- promotion of Inspectors/ASCs’ ad hoc - juniors given

promotion in their places as Commandants/DSCs in RPF- GOI/DoP&T OMs

ignored pray intervention and render justice and to remove disparity and

anomaly-reg.

Ref: 1) DoP&T.O.M.No.22011/4/98-ESTT. (D), Dated 12-10-1998; (2) MOR

No. Reg. No: MORLY/E/2012/03392 dated 31-5-2012; (3) Hon’ble President of

India’s Secretariat No. PRESEC/E/2011/10472 sent to Hon’ble MOR vide

No.P1/D/1407110087 dated 14-7-2011 ;( 4) PMO’s Dy.Ref.No. 2475/VIP/MOS

(PP)/12 dated 27-9-2012.

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This is in continuation to my earlier representations/letters/on line

submissions/emails lodged earlier for rendering justice to the seniors duly

adhering to the Dept. of Personnel and Training, Office Memorandum No.

22011/4/98-ESTT. (D), dated 12-10-1998. But the Railway Board or the

DG, RPF, New Delhi has not sent any replies or even acknowledgement so far.

The DoP&PW, New Delhi also forwarded my representations to the Railway Board

for further action, more than 15 letters. The representations, submitted to

Railway Board, DG, RPF and others are enclosed hereunder for kind perusal; pray

intervention and render justice in the matter.

In accordance with the above DoP&T Orders when the administration, here,

the Railway Board in the case of RPF promotions to the post of Group ‘A’ Cadre-

ASCs fail to conduct the DPCs in time schedule on administrative reasons and

held the DPCs in later years, the DPCs while preparing relevant year –zone of

consideration /Panel Lists to fill up the vacancy for such particular year, they

should invariably consider the names of the retired officials also and include their

names in the Panel(s) Lists, against year –wise vacancy for the posts of

ASCs/RPF. The DPC(s), if need be, prepare extended panel(s) following the

principles prescribed in the DoP&T, OM No. 22011/8/87- Estt.(D) dated

April, 1996.

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In contrary to the above Orders of the GOI, DoP&T, the Railway Board, the

DG, RPF, New Delhi, held the DPCs for filling up of vacancies for the years from

2001 to 2009 only during the years from 2009 to 2011 and prepared the select

Panel Lists of ASCs duly filling the vacancies by juniors tome for the years from

2001 to 2009.

The DPCs suppressed the actual meaning by misinterpretation,

misdirection, defrauded and in the other way cheated the seniors by dropping

their names from Panel lists, succeeded in getting approval of juniors names

inducted in the Panels even up to the Honorable President’s Secretariat, through

UPSC, and stage-managed for the last three decades and issued the above

Orders.

It is construed that they wantonly dropped the names of the seniors who

were in service on the above years and were actually holding and working as

ASCs ad hoc against clear and existing vacant posts. The DPCs prepared their

own Panel Lists for 2001 to 2009 by promoting the juniors in our place and again

promoted them to the rank of DSCs, higher grade promotion in our place by

ignoring OM cited herein.

The above issue of holding the DPCs in time schedule was also not followed

even in the case of the Honorable High Court of Delhi Judgment Order

dated 07-02-2006 passed in W.P.(C) 12612 to 12615 of 2004, wherein the

Honorable High Court having satisfied about the RPF( G.Os.) Recruitment

Rules,1994 stands amended by a ‘Notification’ duly amending the Rules in 2006

permitting inclusion non-graduates working on the post of ASCs (AD HOC) for

availing of the benefits of 1994 Rules and thus DIRECTED the Respondents-UOI

and others “.. That a Review DPC be held as per the aforesaid 2006 and 1994

Rules not later than, on or before 15th April, 2006, and that in case the

Petitioners are cleared by the Review DPC, they will be given consequential

benefits…”

Had the DPC was held in time schedule by honoring the Honorable High

Court of Delhi’s Order on or before 15-4-2006 and filled the vacancies of the

ASCs posts held by the ad hoc ASCs for the years from 2001 to 2006 , even by

inclusion of non-graduates in the DPC Panel list. My name would have been

included amongst them and I too would have retired as DSC, RPF in higher grade

pay and got financial pensionary benefit as like my juniors.

But, for the reasons best known to the Railway Board, DG, RPF, no DPC

was held as per above Honorable High Court Orders in the year 2006. I have

retired from service on 31-8-2006 after serving as ASC ad hoc from 2002 to

2006 and eligible for higher grade promotion as DSC immediately on completion

of three years of continuous service as ASC without any break in service and

holding post as ASC in a clear and existing post as that of direct ASCs who are

promoted as DSCs immediately on completion of three years of service as ASCs.

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It is not known whether the GOI, Railway Board brought out the facts to

the notice of the Honorable High Court of Delhi about not holding the DPC as per

its Orders by 15th April,2006 and /or got time extension, etc or otherwise this

may even tantamount for contempt of Court Orders.

But, in contrary, after 2006, 12 DPCs were held and more than 110

Officers/AD HOC ASCs were regularized and later promoted to the rank of DSCs

in the higher grade of pay who are juniors to me by filling up the vacancies for

the years from 2001 to 2009.

Had the DPCs held in time schedule I too would have got higher grade pay

as that of junior and got pensionary benefits at par with my juniors in the grade

pay of DSC, RPF?

Based on the seniority list of Inspectors, RPF over Indian Railways as

maintained by the Railway Board vide Notification No.2004/Sec (E)/SR-2/4 dated

28-02-2005, out of 344 names, my name stands at serial number-92 (Inspector

from 1983/Grade-I from 1991, and as ASC- ad hoc from 2002).

Gist of the Railway Board”Notifications” and details of the DPCs held for the

years from 2007-2011 to fill up vacancy posts of ASCs falling in the years from

2001 to 2006 are shown in the attached statement.

Thus, barring 2004 DPC Panel List wherein 34 ASCs ad hoc were

regularized, for the vacancy posts - years from 1998 to 2002, others, more than

60 ASCs ad hoc regularized for filling up of vacancies for the years from 2002 to

2006 are my juniors.

For this, 12 DPCs were held and filled up posts of ASCs vacancies for the

years from 1998 to 2006, duly dropping my name, by violating the OMs of the

DoP&T dated 12-10-1998, and others conditions stipulated for holding regular

and year wise DPCs, thus injustice done to me, and juniors given promotion and

got higher pay/grade pay and pension than me.

Yet in another Seniority list of Inspectors circulated vide ‘Notification

No.2006-Sec (E)/PM-2/14 dated 04-8-2006, 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 (more than

60) have been promoted to the rank of DSC duly sidelining the senior’s names

like me.

By this injustice, and disparity shown by the Railway Board and existing

ANOMALY, THE JUNIORS in the RPF are given the benefit of higher Scales of Pay

and Grade Pay, promoted as DSCs, and also the Pensionary benefits and the

SENIORS ARE DENIED OF EQUAL PAY / PENSION even in EQUAL RANK in the

same department-RPF. It can be safely mentioned herein that the direct ASCs

from UPSC have nothing to do with this type of DPCs, as they get their

immediate promotion as DSCs just on completion of three years of service as

ASCs, while the FATE of ASCs departmental is otherwise written by the Railway

Board.

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Suffice to mention herein the words expressed in the following cases,

to read our agony and mental imbalance which can be best judged by

reading the following lines founded in the Nakara Judgment, etc., which, in

my considered opinion, equally match and fits to the situation what the RPF

departmental ASCs-ad hoc suffered and even now suffering in the hands of

the Railway Board authoritative power and dictation of interpretative choice

language of the OM No.22011/4/98-Estt.(D) dated 12-10-1998- of the Dept

of Personnel & Training— the ASCs/AD HOC who were made to rotten their

flesh and life for the sake of the job and then now for equal pension at par

with their juniors who are uplifted duly suppressing the seniors.

In Writ Petitions Nos. 5939-5941 of 1980---D. S. Nakara And Others Vs

Union Of India…DATE OF JUDGMENT: 17.12.1982: the Honorable Supreme Court

observed ”…. With a slight variation to suit the context Woolessey's prayer: "Had

I served my God as reverently as I did my King I would not have fallen on these

days of Penury" is chanted by petitioner in this group of petitions in the Shelian

tune: "I fall on the thorns of life I bleed." Old age, ebbing mental and physical

prowess, atrophy of both muscle and brain powers permeating these petitions,

the petitioners in the fall of life yearn for equality of treatment which is being

meted out to those who are soon going to join and swell their own

ranks.....and…so…on....”;

AND

in W.P.(C) No.6314 /2012 IN THE HONORABLE HIGH COURT OF DELHI AT NEW

DELHI Judgment delivered on: December 04, HARANANDA AND ORS”, the

Honorable Court Observed, ” ..… The Ministry of Railways looked into the matter

and prepared the draft service rules keeping in view the cadre structure required

for Organized Group A Central Service and way back on March 1, 2005 sent the

necessary grade wise cadre structure as also the draft service rules to DOPT and

regretfully we find that for over seven years the matter has been put in a

slumber by DOPT. Learned counsel for DOPT states that inter departmental

communications and notes are being exchanged. Suffice would it be to state that

life keeps on moving and does not stagnant. Officers who have joined service in

Railway Protection Force would continue to retire on attaining the age of

superannuation and God knows how many of them have superannuated in the

last seven years……”

Under the circumstances, I humbly pray your Honor for kind intervention

on the matter and do justice to the senior citizens and RPF pensioners for which

act of kindness we shall ever be grateful.

Yours faithfully,

(V.SESHADRI)

ASC/RPF/RETD

Address:

V.Seshsdri, ASC/RPF/Retd,

H.No.24-147/4/2,

East Anandbagh, Malkajgiri,

SECUNDERABAD-500047.

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Gist of the Railway Board”Notifications” and details of the DPCs held for

the years from 2007-2011 to fill up vacancy posts of ASCs falling in the years

from 2001 to 2006/2008:

Srl.No.          Date and Year   when DPCs was held/Panel Lists

declared.

No. of

ASCs/ad hoc

Regularized.

Whether Approval

of UPSC &

HEH the Honorable

President

Remarks –filling up of

year-wise vacancy of

ASCs posts: etc.

1 10-8-2004 34 yes 1998(6);1999(nil);

2000(01);2001(15);

2002(12)-

2 25-01-2007 03 Yes 2001(03)-

3 05-7-2007 01 Yes 2001(01)-

4 23-4-2008 01 Yes 2001(01)-

5 19-5-2008 --- Yes Corrigendum for 25-1-

07 Order/2001(1)

6 15-12-2008 19 Yes 2002(4); 2003 (2);

2004(7); 2005(6).

7 30-7-2009 03 NO.

Not mentioned in

Notification No. E

(GP) 2006 /3/17

dtd: 30-7-2009.

DPC/ Railway Board-

Decided, and

promoted with 2 years

as on Probation

for2006(3)

8 30-7-2009 42 President

approval/YES

2005(1); 2006 (33);

2007(5); 2008(3).

9 07-8-2009 02 Yes 2003(1); 2004 (1).

10 07-8-2009 03 Yes 2005(3).

11 01-02-2010 01 Yes 2001(1).

12 09-3-2011 01 Yes 2006(1).

13 18-01-2012 01 Yes 2001(1).

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Copy submitted with a prayer to intervene in the matter and to do justice-

To:

_ Hon’ble Minister of Railways, Rail Mantralaya, Railway Board, Rail

Bhavan,New Delhi-110001;

--The Director General, Railway Protection Force, Railway Board, Rail

Bhavan, New Delhi-110001;

_ 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 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;

_ 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;

--Under Secretary, GOI, Ministry of P, PG&P, D/o P&P Welfare, Third

Floor, Lok Nayak Bhavan, Khan Market, New Delhi-110003;

_ 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;

_ The Executive Director, (Finance, Estt.), Room No.532, Ministry of

Railways, Railway Board, Room No.471, Rail Bhavan, New Delhi-110001;

--The IG-cum-Chief security Commissioner, Railway Protection Force, South

Central Railway, Secunderabad

--The President, AIRPF Retired Officers Welfare Association, C/O Sri.S.C.

Kapoor, DSC/RPF/Retd, #154/4, Urban Estate, GURGAON-122001;

--Sri.Y.N.Sastry, President, All India Retired Railwaymen’s Federation,

Chilkalguda, Secunderabad;

For favor of kind information and further necessary action

please.

Yours faithfully,

(V.SESHADRI)

ASC/RPF/RETD

ADDRESS:

V.Seshsdri, ASC/RPF/Retd,

H.No.24-147/4/2,

East Anandbagh,

Malkajgiri,

SECUNDERABAD-500047.