M/o
Personnel, PG and Pensions, D/o Personnel & Training,
|
Establishment-
Important OMs- on promotion and appointment in Group ’A’ cadre Posts in RPF
on Ad-hoc basis, continuation without regularization for more than one year,
names of Retired Ad-hoc officers dropped from the Panel Lists, etc.
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1.
OM
No.28036/1/2001-Estt.(D) dated 23-7-2001: Ad-hoc appointment and continuation
beyond one year:
(PARA-7): Continuation of an
adhoc appointment beyond one year
will, as per
existing instructions, continue to require the
prior
approval of DoP&T as before;
(PARA-8):This Order takes
effect from the date of its issue;
(PARA-9): All
Ministries/Departments are requested to bring these
instructions
to all concerned for guidance and
compliance;
2.
OM
NO.39036/02/2007-Estt.(B) dated 14-11-2008- and OM NO.39021/1/94-Estt.(B) dated
22-7-1994: Reporting of adhoc appointments to the UPSC-Orders reiterated:
Reporting of adhoc
appointments on Group’A’ and Group’B’ Cadre Posts , which is likely to continue
for a period of more than one year from the date of appointment,
Ministries/Departments to ensure to furnish monthly and six monthly Returns to
UPSC as per the time schedule
prescribed;
3.
OM
No.28036/3/97-Estt.(D) dated 17-02-1998- Reporting of adhoc appointments to the
D o P&T-Orders reiterated:
Adhoc appointments made and
continued beyond one year , to be got approved by the D o P&T- for pay and
allowance, etc.;
4.
OM
No.28036/8/87-Estt.(D) dated 303-1988:Adhoc appointments through promotions
will be subject to the overall restriction of one year:
Adhoc appointments through
promotions made on seniority-cum-suitability by Selection after proper
screening by the Appointment Authority, if made, will be limited to one year
only. Beyond one year, approval of the D o P&T to be obtained in advance of
two months before completion of one year of adhoc service; Adhoc appointments
through promotions will be subject to the overall restriction of one
year;Example: On reference as per the OM above, Order No.5/11/2006-CS-II(C)
dated 13-01-2012- D o P&T issued: given approval and permission for
extending such adhoc continuance in CSS posts;
5. 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).
6. OM
No.35035/7/97-Estt. (D) Dated 16-02-2005- DPC guide lines- No suppressions in
promotions:
7. OM No.
22011/9/98-Estt. (D)-Pt. dated 21-9-2006- earlier OM No. Even dated 08-9-1998
reiterated- Procedure to be adopted by the DPCs – Model Calendar for DPCs and
related matters;
<><><><><>
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/RPF-seniority 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.
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MERCY APPEAL- PRAY
INTERVENTION- DO JUSTICE and TO REMOVE-ANOMALY UNDER PARA-222 (c) OF IREM – I, V.Seshadri,
Inspector, RPF-Grade-I of 1991 Batch got promoted and appointed to the rank of
Assistant Security Commissioner, (ASC) - RPF in June, 2002 duly approved by the
Ministry of Railways. I have worked continuously, without any break against
clear & existing post up to 31-8-2006/till retirement. The Order made by
the RPF Directorate, Railway Board however, cited the promotion as ‘AD HOC’.
But for the reasons to be explained by them, they did not conducted the DPCs in
the Scheduled intervals as envisaged by the Railway Board Orders/Notifications;
and of the DoP&T; not even followed the IREM Rules framed on the
continuation of the AD HOC postings beyond one year; also made a deaf ear on
the Orders/Directions of the Honorable Supreme Court, the Hon’ble High Courts delivered
in different Writ Petitions filed by RPF officers etc. RPF Directorate, the
Railway Board also not adhered to the Notifications and gone against the
principles contained in the Standing Orders issued Vide D o & P T- OM
No:22011/4/98-Estt(D) dt. 12-10-1998, thereby they have wantonly ignored to
include my name in the Panel lists- for the vacancies arises for the years from
2002-2006, later declared in 2009, by which time(2002-2006), I was working as
ASC, not retired then.I am ASC appointee of 2002, and hail from 1991
Inspector-Grade-I Batch, but by dropping my name brought out my juniors names
in the Regularisation Panel, got approval of the President of India, and then
promoted them to the rank of DSC duly throwing me down to earth on the ground that
I have retired . This type of colluded methodology followed even from the year
1991 onwards up to 2010 against the departmental AD HOC ASCs/RPF, made them to
retire, and /or conducted DPCs at their choice date and convenience year only
to regularise the juniors and then promote them to the rank of DSCs to next
higher scale. This can be got verified from the number of DPCs held for the
years from 1990 to 2010, the Year wise Panel Lists made out, by getting the
total names of year wise ASCs/RPF worked
for 1990-2010; also to see if the names of the retired ad hoc ASCs were
included or not. This Petition is filed for mercy consideration at least to
have financial Pension benefits to me and to the retired RPF/ASCs and their
family Pensioners/members. This ANOMALY ARISED ONLY DUE TO dropping their names
from the PANEL lists by holding belated held DPCs in RPF; they indulged in
Violation of Constitutional FR, Human Rights; Hon’ble Supreme Court, Different
High Court’s Orders, Judgments, Directions issued to RPF Directorate, Railway
Board, time and again, for holding time schedule DPCs, to regularize the AD HOC
ASCs, but they did not obeyed the same. They side lined these
Orders/Directions, and other Notifications of the DoP&T, Ministry of
Pensions, PG&PW, UPSC, Railways issued under IREM, in regard to AD HOC
promotions and appointment in Group ’A’ Cadre Posts in RPF etc. RPF Directorate
and the Railway Board continued atrocities and irregularities, mischief acts
against ASCs and in departmental promotions to the rank of DSCs. My
Representation/Petition pending since years, even without acknowledgement -
Pray intervention and do justice.
IMPORTANT RULES NOTIFICATIONS,ETC APPARTAINING
TO AD HOC /OFFICIATING ARRANGEMENTS IN THE GROUP ‘A’ CADRE POSTS IN THE RPF
DEPARTMENT OF THE MINISTRY OF RAILWAYS, RAILWAY BOARD- REG:
1.
Railway Board vide
Notification No. E(O) I /2004 /SR-6/17 dated 16-11-2004 found to have
circulated ‘ Inter-se’ seniority list of direct ASCs and Departmental promote
ASCs showing them as regularized by the DPC with effect from 04-6-2004, where
in the names of the retired ASCs also included as per its FOOT NOTE made at
serial NO.4;
2.
The above point may be verified
,so that, in the subsequent DPCs’ Panels names of the retirees have been
omitted/dropped/not included on point that the AD HOC ASCs have since been
retired from service on the date when the DPC made out its Panel Names for year
wise ASCs vacancies duly incorporating the names of the Juniors, in place of
the retired, ad hoc ASCs;
3.
The Dept of Personnel and Training ‘Notification’
No. OM NO. 22011/4/98-Estt.(D) dated 12-10-1998 Procedure to be followed by the
DPCs with regard to inclusion of the names of the
retired employees also in the ‘Panel Lists found to have been/has been violated
in the RPF for the years – 2004 to 2009;
4.
When in the Panel List of 2004,the names of retired
ad hoc ASCs included, why then , the names of ad hoc ASCs in the subsequent DPCs’
‘Panel Lists their names have been dropped, on what ground and by which
RULE,LAE, Govt. Order/Notification or Direction?;
5. Do
P&T Notification: 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).
DoP&T Notifications:M/o
Personnel, PG and Pensions, D/o Personnel & Training,
|
Establishment-
Important OMs- on promotion and appointment in Group ’A’ cadre Posts in RPF
on Ad-hoc basis, continuation without regularization for more than one year,
names of Retired Ad-hoc officers dropped from the Panel Lists, etc.
|
1.
OM No.28036/1/2001-Estt.(D) dated 23-7-2001: Ad-hoc
appointment and continuation beyond one year: (PARA-7): Continuation of an
adhoc appointment beyond one year will, as per existing instructions, continue
to require the prior approval of DoP&T as before; (PARA-8):This Order takes
effect from the date of its issue;(PARA-9): All Ministries/Departments are
requested to bring these instructions to
all concerned for guidance and compliance;
2.
OM NO.39036/02/2007-Estt.(B) dated 14-11-2008- and OM NO.39021/1/94-Estt.(B)
dated 22-7-1994: Reporting
of adhoc appointments to the UPSC-Orders reiterated:
Reporting of adhoc
appointments on Group’A’ and Group’B’ Cadre Posts , which is likely to continue
for a period of more than one year from the date of appointment,
Ministries/Departments to ensure to furnish monthly and six monthly Returns to
UPSC as per the time schedule
prescribed;
3.
OM No.28036/3/97-Estt.(D) dated 17-02-1998- Reporting of adhoc
appointments to the D o P&T-Orders reiterated:
Adhoc appointments made and
continued beyond one year , to be got approved by the D o P&T- for pay and
allowance, etc.;
4.
OM No.28036/8/87-Estt.(D) dated 303-1988:Adhoc appointments
through promotions will be subject to the overall restriction of one year:
Adhoc appointments through
promotions made on seniority-cum-suitability by Selection after proper
screening by the Appointment Authority, if made, will be limited to one year
only. Beyond one year, approval of the D o P&T to be obtained in advance of
two months before completion of one year of adhoc service; Adhoc appointments
through promotions will be subject to the overall restriction of one year;
Example: On reference as per
the OM above, Order No.5/11/2006-CS-II(C) dated 13-01-2012- D o P&T issued:
given approval and permission for extending such adhoc continuance in CSS
posts;
5. 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:
5.
OM No. 22011/9/98-Estt. (D)-Pt. dated 21-9-2006- earlier OM No.
Even dated 08-9-1998 reiterated- Procedure to be adopted by the DPCs – Model
Calendar for DPCs and related matters;
: INDIAN
RAILWAYS ESTABLISHMENT MANUAL: IREM:
CHAPTER II: SECTION 'A':
RULES GOVERNING PROMOTION OF SUBORDINATE STAFF: PROMOTION OF GROUP 'B' POSTS: When these Rules are so strict in regard
to the Group’B’Cadre Posts, can there be any sidetracking these Rules by the
RPF in case of Group’A’ Cadre posts’ in regard to departmental promotions and
appointment in the Cadre of ASCs/RPF. Kingly clarify in respect of the
following Rules to be adopted by the RPF in sticto sense as per RPF Rules,
1987, Rule: 117.
216. In regard to selection posts,
it is essential that all the selections are conducted annually in a regular
manner. However, where holding of the next selection becomes necessary
before a gap of one year on account of the panel getting exhausted, the earlier
selection not throwing up adequate number for empanelment/promotion, etc., the
same may be held after a minimum time gap of six months from the date of
approval of the panel finalised as a result of the first selection. This condition of six months
restriction between selections will not, however, apply to general selections
which are conducted by calling options from serving employees fulfilling the
prescribed eligibility conditions.(Authority:-Railway
Board�s letters No. E
(NG)I/94/PM1/10 dated 4.7.97 and 9.12.98)
216. A. Ad
hoc Promotions:- (1) Selection/Suitability tests/trade
tests should be conducted timely as per provisions in this Manual so as to
obviate the need for making ad hoc promotions which should be avoided both in
selection and non-selection posts. However,
whenever ad hoc promotions are found inescapable in selection posts in the
exigency of service, the same should be ordered only from amongst the
senior-most eligible staff strictly in accordance with the existing
guidelines. As a rule, a
junior should not be promoted, ignoring his senior unless the competent
authority ordering the ad hoc promotion, considers him unsuitable. In any case no second ad hoc promotion
should be allowed under any circumstances.
(2)The following further
guidelines should be adhered
to while considering ad hoc promotions:-
(a) Ad hoc promotion in non-selection
posts:- In the case
of non-selection posts including posts filled on the basis of trade tests, the
vacancies shall be filled after following the prescribed procedure
quickly. There shall thus
be no ad hoc promotions in non-selection posts.
(b) Ad hoc promotion in selection posts:-(i) Ad
hoc promotions may be made in
leave vacancies and short duration vacancies upto 4 months beyond which period
the FA &CAO should not draw the pay of concerned employee unless the Chief
Personnel Officer has personally approved the continuance.
(ii) Normally no ad hoc promotion should be
made against regular vacancies. If
it becomes inescapable to make ad hoc promotion against regular vacancies
warranted by such circumstances as Court�s orders etc. such promotion should
be allowed only with the prior personal
approval of the Chief Personnel Officer who should satisfy himself with the
reasons for non-finalisation of the selection before according his
sanction. In any case such
arrangements should not be allowed to last over six months save in exceptional
circumstances like where a
panel cannot be formed because of stay orders from Courts etc. The Chief Personnel Officer should
keep record of having accorded approval to such ad hoc promotion or
continuation thereof and review the progress made in filling up these posts by
selected persons every month. He
should also review the position of selections to all posts whether such posts
are controlled at Zonal, Divisional or Extra-Divisional level.Notification for ad hoc promotion against the
selection posts should specifically include a remark to the effect that the
person concerned has not been selected for promotion on regular basis and that
his promotion is on ad hoc basis and does not give him any right of holding the
post for regular promotion. (Railway Board�s letters No. E(NG)I/94/PM1/10 dated
9.12.98 & 19.02.99).
RULE; 222;Very Important:
:
PENSIONER’S PORTAL; LODGEDON 31-5-2012- AT
06.30 HOURS;
ASC ADHOC MATTER:
Your Registration Number is : MORLY/E/2012/03392 :
12:
