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To Date: 16-10-2012
Hon'ble Minister of Railways,
Rail Mantralaya, Railway Board,
Rail Bhavan, New Delhi-110001.
Honored Sir,
Sub: Representation from-V.Seshadri,Asst. Security Commissioner, RPF,
Retired- senior's names dropped from the Inspectors/ASCs' Adhoc list
and juniors given promotion as Commandants/OSCs in RPF - pray
justice and to remove disparity and anomaly-reg.
Ref: 1) DoPPW/P/2012/00214 dated 16-01-2012;
2) DoP&PW on line regn. No. DOPPW/E/2012/01390 Dated: 25-08-2012
3) MOR No. Registration Number; MORLY/E/2012/03392 dated: 31-05-2012 &
4) 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; my earlier
letter dated And my latest letter Dated 04-10-2012.
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In continuation to my earlier representations/letters/on-Iine/email
submissions lodged earlier, as no reply/even ack. received so far from Railway Board
or from DG/RPF/NDRB, New Delhi for assigning my correct position in the seniority
list published on 19-4-2012 and for not finalizing the names of ASCs for
regularization and promotion to the rank of DSC as per list of 04-8-2006, etc. I am
submitting this fresh petition with a humble pray to do justice in the matter. The
Railway Board, and the OG, RPF have not taken any action on my grievance so far. I
have also lodged representation under Rule1 02 of the RPF Rules.
On 04-8-2006 Railway Board published a fresh seniority list for regular
promotion to the post of ASCs. Without finalizing the names of Inspectors of
1,983/Grade-1 of 1991 batch, and by suppressing the above list, 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 OPCs were held in 2009: My name stands at serial
number 101 in the List of 04-8-2006, 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.
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As per DoP&T.O.M.No.22011/4/98-ESTT. (D), Dated 12-10-1998, the OPCs ,
held in later years have to include the names of the retired employees also in the
panel lists against the year wise vacancies even' by preparing extended panels. But,
ironically, it was misinterpreted otherwise and our names dropped from the panel
lists on the ground that we retired on the date year of OPC when panel lists prepared
and juniors given promotions in our place by the DPCs, approved by the Railway
Board and the DG, RPF whereby our names have been dropped want only from the
panel lists for the vacancy position on the years when the regularization and
promotions were made effective from the date of vacancy and the ASCs were
regularized from the date of their promotion and given promotion as
DSCs/Commandants .
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 and Pensionary benefits for which they are eligible from the rank
of ASCs to DSCs in RPF.
By this ANOMALY, THE JUNIORS in the RPF are given the benefit of higher
Scales of Pay and Grade Pay, and also the Pensionary benefits and the SENIORS ARE
DENIED OF EQUAL PAY / PENSION even in EQUAL RANK.
The Honorable Supreme Courts' Judgment Order dated 02-5-2011, in SLPAppeal
(Civil) in W P No.14263 of 2004 in the Honorable High Court of Delhi
envisaged - 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 same principle may kindly be applied herein also in
my case.
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 ..... WE have submitted our
representations to DG,RPF but no action or reply received from Railway Board.
Further: DG, RPF under his administrative powers has found to be wantonly not
exercised and now also not exercising his Power to constitute DPCs, preferably in the
beginning of each year, even from 1990s, for selections to ~the rank of ASC and
above and maintain an up to date gradation list and dossiers of confidential reports
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of such officers (Rule-27.2(b) of the RPF Rules, 1987). These Rules are made under
section 21 of the RPF ACT, 1957 and came in to force vide G.S.R. 951 (E) dated 03-12-
1987. Inaction on the part of the DG/RPF clearly indicates of violation of FR and the
Constitutional Rights guaranteed under Article 309 to the employees/now senior
citizens;
DG,RPF also found to have violated the ORDER dated 07-02-2006 of the Honorable
High
Court of Delhi delivered in WP(C) 12612 to 12615 of 2004 wherein the UOI and
others(including the DG/RPF) were directed that a Review DPs be held not later than
on or before 15-4-2006. The DPC found to have been held in the year 2009 and Panel
Lists for the vacancy years from 2005 to 2008 ( 40 - Inspectors /AD HOC ASCs- juniors
to me) - regularized and then promoted as DSCs) ;the same situation have been
made out even in earlier occasions, thereby DG,RPF discriminated his power and
authority by dropping the names of the ad hoc ASCs who were in service during
2005-2008, and purposefully violated Orders contained in the OMs No.22011/4/98-
Estt.(D) dated 12-1 0-1998,etc, of the DoP&T.
In addition, Railway Board, DG, RPF also found to have adopted their own
methodology and adopted wrong application of Law and Rules in not conducting
regular DPCs as laid down in the DoP&T several OMs, RPF Rules, RPF Act, UPSC
Orders, and that of the Honorable Supreme Court different High Courts' Orders on
the issue of ad hoc continuance beyond one year, .etc .This clearly indicate personal
interests providing promotional chances to the direct ASCs on completion of three
years, and other vested interests, etc and aimed to drop the names of the seniors
only to bring-in the names of junior in their place. This fact may even attract
contempt of court.
Rules framed and implemented shall have the effect of Law under Articles-14,
16, 235 and 309, unless and until it is duly amended; it is binding on the government
and its action in matters cove red by the Rules must be regulated by the Rules; thus
violation of such Rules without amendments may attract action under provisions
penal laws, contempt of court etc.
Ironically, for not to effect regularization of ad hoc ASCs and to get more
beneficiaries' of RPF laxity by vested interests, the Railway Board, the DG, RPF
published their own mod e of seniority list of Inspectors of RPF in April,2012 duly
dropping the names of the senior Inspectors only on the ground that they are not in
service, and ignored earlier lists-viz. 28-02-2005 and 04-08-2006 by which all the
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seniors have lost their presumptive promotion as DSCs at par with their other direct
ASCs/Juniors and pension benefits. .
The age old comment that, "what cannot be done directly under the
Constitution must hot be done indirectly by amending any Act". This principle found
to be violated not only in the application of RPF Act 1957 (Amended in 2003),etc,
and its corresponding Rules to make good for their deeds in the above issue.
In the light of this Judgment order, the RPF pensioners - Inspectors/ASCs
Adhoc who were not the Petitioners in the above W.P. have also submitted their
representations to the Railway Board, DG/RPF and others with a request to consider
such pensioners also on par with the case of the retired pensioners/petitioners and
grant retirement benefits to them.
Under the circumstances enumerated supra, 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)
Address:
V. Seshsdri, ASC/RPF/Retd,
President, RPF Pensioner's Welfare Assn.,
South Central Railway,HQs, Sec'bad,
H.No.24-147/4/2,
East Anandbagh,
Malkajgiri,
SECUNDERABAD-500047.