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 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:-
( 14 )
(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,
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.
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).
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 noTo
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 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:-
( 14 )
(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,
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.
(A):
I:BASE
RULES: For Group’A’ /Class-I Cadre Posts-- Selection and Promotion
to/from the rank of ASC in the RPF department.
Railway Protection
Force (Group’A’ and Group’B’Posts) Recruitment Rules, 1981. (Notification
dated 08-5-1981—G S R.520).
APPOINTMENT/PROMOTION TO THE RANK OF ASST.SECURITY COMMISSIONER/RPF
ASST.COMMANDANT/GROUP—‘A’Post—(1). By direct recruitment—60% through UPSC selection. (Col: 10). (2) By Promotion of
ASCs/Group’B’—40% (Col: 10) -- through DPC and
shall be appointed as ASC/Group-‘A’ with the Approval of the Ministry of
Railways.
3. If a Departmental
Promotion Committee exists, what is its Composition ;( Col: 12)—Exists.
4. For confirmation
of ASCs/Group’A’ and Group’B’Posts:--.
5. Educational
qualifications for (a) direct recruitment—Graduation (Col: 7); and (b)
WILL/whether Educational qualification apply in the case of promotes: --NO/ not
applicable (Col: 8).
6. Period of
probation, if any—for both direct and departmental promotes—two years (Col: 9).
-II.GRADES/Class-Category/Group;--TWO—(NOW
ABOLISHED AND MERGED INTO GROUP’A’ CADRE POST FROM 1986 ONWARDS)
(1)
ASC/Asst.Commdt—/CLASS-I-Post-Group’A’Post-in the Scale of Rs: 700-1300;
eligibility for departmental officers in the Group’B’ post of ASC/Asst.Commdt
with three years of service in the regular service after appointment in the
respective grade; and
(2)ASC/Asst.Commdt—CLAS-II
Post-Group’B’Post in the Scale of
Rs:650-1200—eligibility-departmental-Inspectors-Grade-I-with three years of
regular service in the Grade or Inspectors with combined regular service of
five years in Grade-I/Grade-II.
III.PROMOTION OF
ASST.SECURITY COMMISSIONER/ASST.COMMDT./ R P F/ TO THE RANK OF SECURITY
COMMISSIONER/COMMANDANT:-
1. Whether selection Post or non selection
post---: Non-selection Post. (Col5).
2 If a Departmental Promotion Committee
exists, what is its Composition:
(Col: 12)—Exists.
3. By Promotion of
ASC/Asst. Commdt/Group’A’-----.with five years of service in the grade rendered
after appointment thereto on a regular basis. (Col: 11).
4. Probation: two
years. (Col: 9).
IV.Power to relax any
of the provisions of these Rules:
(Rule-7 and Col:
13)—consultation with the UPSC necessary while amending/relaxing any of the
provisions of these Rules.
V. Rule-9 of the RPF Rules, 1981—Saving-Nothing
in these Rules shall effect reservations, relaxation of age limit and
other concessions required to be
provided for the SCs, STs, and other special categories of persons in
accordance with the orders issued by the Central Government from time to time
in this regard.
VI:AMENDMENTS made to
RPF Rules, 1981- in 1994:
(I)—RPF (Group’A’
Posts of DIG (RPF), Dy.CSC, Senior S.C., Security Commissioner, and Asst.
Security Commissioner) Recruitment Rules, 1994.
(A)
APPOINTMENT/PROMOTION TO THE RANK OF ASST.SECURITY COMMISSIONER/RPF
ASST.COMMANDANT
/GROUP-‘A’ Post. :( Serial No.4) (Note: Group’B’ASC Posts abolished and merged
into Group ‘A’ ASC Posts from 1986):
1. By direct recruitment—50% through UPSC selection. (Col: 4).
2. By Promotion of Inspectors—40%; and 10% by deputation/reemployment
of Armed Forces Personnel, failing
which by promotion. (Col: 11) -- Through
DPC and shall be appointed as ASC/Group ‘A’ with the Approval of the Ministry
of Railways.
3. If a Departmental Promotion Committee
exists, what is its Composition; (Col: 13)—Exists.
4. For confirmation of Group’A’Posts of
ASCs--- Exists. (For both direct and departmental ASCs).
5. Educational
qualifications for (a) direct recruitment —
Graduation (Col:8);
and for (b) WILL/whether apply in the case of promotes: --YES/ applicable
(Graduation) (Col: 9).NOTE: As per RPF Directorate, this column found to have
been amended in 2006, but one should go very minutely on this issue vis-s-vis
the Gazette Notification wordings,etc.
6. Period of probation, if any—for both
direct and departmental (promotes— two years (Col: 10).
(B) GRADES/Class-Category/Group: - Only ONE:
Group ‘A’ posts of ASCs/ and Group ‘B’ Posts of ASCs have been merged and made
as Group ‘A’ Posts of ASCs/Asst.Commdts. in one Scale of Pay in 1986 onwards;
(C).By making minimum
educational and other required qualifications at par with that of the direct
recruits—i.e. minimum educational qualification for departmental
promote/Inspector made as GRADUATION.see rearks given in (5) above;
VII: AMENDMENTS
made to RPF Rules, 1994: made in 2006:
Further Amendment
made in the year 2006. ( PURSUANT TO THE ORDER OF THE HON’BLE HIGHCOURT OF
DELHI IN Writ Petition(C) Nos. 12612/2004,12613/2004,12614/2004,12615/2004 vide
ORDER dated 07-02-2006, notification has been issued permitting the inclusion
of non-Graduates working on the posts of ASC(AD HOC)for availing the benefit of
1994 Rules ,and the Rules,2006 have been made and published).
Published in the
Gazette of India, Extraordinary part-II-section3, Sub-section (i) ---G.S.R.
31(E) dated 16-01-2006.
RPF (Group’A’Posts of
DIG (RPF), Dy.CSC/Sr.S.C., Security Commissioner and Asst. Security
Commissioner) Recruitment Rules, 2006. ----
NOTE: Amendment only
to the extent of SERIAL No.4/pay scale IN THE SCHEDULE of The Rules, 1994 as
regards to columns No.1 to 13, except srl.no/col:4/-no amendment found to have
been made viz, :--( col/srl.No.9).Educational
Qualifications: whether age and educational qualifications prescribed for
direct recruits will apply in the case of Promotes--- (found as) NOT
APPLICABLE-to verify from the original… whether it is prospective or
retrospective, no where mentioned; check up the MATTER submitted to the Hon’ble
Delhi High Court with regard to the “fact in issue” and “ regarding “ relevant
fact” in question before them and what actually amended? See remarks made in
Para-5 above:
PROMOTION OF
ASST.SECURITY COMMISSIONER/ASST.COMMDT./ R P F/ TO THE RANK OF SECURITY
COMMISSIONER/COMMANDANT.
(1) Whether selection Post or non selection
post---: Non-selection Post. (Col5).
(2) If a Departmental Promotion Committee exists,
what is its Composition :(? Col: 12)—Exists.
(3) By Promotion of ASC/Asst. Commdt/Group’A’to
the rank of DSC---(there is no separate % of quota- both direct and
departmental combined and promotion is as per seniority through DPC)---with
five years of service as Asst. Security Commssioner/Asst.Commandant/RPF in the
grade rendered after appointment thereto on a regular basis. (Col: 11).
(4) Probation: two years. (Col: 9).
(5) For
confirmation/regularization of the ASCs/both direct and departmental: Specified
DPC exists.
VIII:(1).Clarification
given through Right To Information Cell, Ministry of Railways, Railway Board:
The Ministry of
Railways, Railway Board, New Delhi through Right To Information Cell vide
Letter No. RTI Cell/2006/944 dated 19-02-2007 reported that as per the RPF
Recruitment Rules, 1994—ASCs with five years of regular service in the grade
(NOTE :- Now it is modified and the ASCs, whether direct or departmental are
being given next higher promotion to the rank of Security Commissioner/RPF by
virtue of their completion of three years continuous service as ASCs, even
on/by ad-hoc basis) are eligible for promotion to the rank of DSC and that
there is no differentiation between the promote ASC and the direct recruit ASC
in the RPF, It was also clarified that for promotion of direct ASCs to the post
of DSC the exact service considered is from the date/year of selection by the
UPSC and not the actual date of joining the post as ASC after completion of the
training.
(2). (a) ORDERS of
the (1) Honorable High courts/Supreme Court; and (2) Ministry of Railways:
1) In W.P. No: 6631
of 2002 and W.P.M.P.No: 9156 of 2002—The Honorable High Court of Judicature at
Madras, Chennai, dated 14-05-2002: the ORDER passed with observations and
directions:--“------Para: 3: 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……….
Para: 4. Therefore,
it is made clear that the respondents shall conduct DPC and fill up the
vacancies relatable to quota of promotes remaining vacant for the years 1998 to
2000 and only thereafter to initiate proceedings for recruitment to fill up the
vacancies due to the direct recruits.”
3) PURSUANT TO THE
ORDER OF THE HON’BLE HIGH COURT OF DELHI IN Writ
Petition(C)Nos.12612/2004,12613/2004,12614/2004,12615/2004 vide ORDER dated
07-02-2006, notification has been issued permitting the inclusion of non-Graduates
working on the posts of ASC(AD HOC)for availing the benefit of 1994 Rules ,and
the Rules,2006 have been made and published.
RPF Rules, 1987:
Rule: 55.1: Recruitment and promotions of Superior Officers: Subject to theses
rules,
Recruitment of
superior officers and promotion to the rank of Assistant Commandants and from
one rank of superior officer to the other rank of superior officers shall be
made in accordance with the RPF (Group ‘A’ and ‘B’ Posts) Recruitment Rules,
1981, as amended from time to time.
Rule: 55.2:
Confirmation and regularization in each rank shall be made on all India
availability of the posts in that rank.
Rule: 56: Appointment
to the Force: All appointments to the Force—(a) in respect of Group ‘A’ shall
be made by the Central Government, and (b) in respect of enrolled members shall
be made by the authorities as specified in the Schedule II.
Rule: 57: Probation:
Rule: 57.2:
Confirmation
Rule: 69: Basis of
promotion:
69.1: Promotion of
member of the Force up to rank of Commandant shall be made on the basis of
merit having due regard to seniority;
69.2- Promotion to
ranks higher than that of the Commandant shall be made on the basis of merit
only.
Ranks in the RPF:
Rule: 78.1…
Rule: 88: Assistant
Commandants: Distribution and transfer of members of the Force:
1.
(a)
Three years of service as ASCs was taken as criteria for consideration for
promotion to the rank of DSCs/Commandants
2.
(b)
<><><><><>
|
(B):
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).
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;
<><><><><>
(C):
1: Ministry of
Railways, ‘Notification’ No: dated 04-8-2009- Honourable President of India’s
approval and appointment of 42 Inspectors(adhoc ASCs) as Regularized ASCs/RPF
with effect from 18-5-2009,-vis-à-vis release of Panels for the years from 2005
to 2008-regularising ASCs adhoc and channeling for promotion to the rank of
DSCs/RPF;
(2):
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;
(3) Ministry of Railways ’Notification’ No:
2006-Sec (E)/PM-2/14 dated 04-8-2006-consolidated
List of ASCs (adhoc)/RPF for
regularization/confirmation;
(4) & (5):
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;
(6)& (7): 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;
(8): 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;
(9):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;
(10):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;
(11)
& (12): 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;
(13):
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;
(14):
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;
(15):
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.
(16):
(D):
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 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.
<><><><>
(E):
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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).
6:
IREM-Vol_I-RULES/PARAS-GROUP’A’ POSTS, etc---REG.
104. Pensionable Service. � (1) The
service of all railway servant except those mentioned in rule 105 shall be
pensionable. (2) All railway servants who were already pensionable
prior to the introduction of Pension Scheme on Railway with effect from 1st April, 1957. (3) Government
servants permanently transferred to the Railway Department from other
Government departments in which the services were pensionable. 105. Non-pensionable Service.- Subject to what has been stated in rule
104 the service of the railway servants who entered service before 16th November, 1957, and who after
introduction of pension scheme on Railways did not opt for it, when options
were open from time to time, shall be non-pensionable. They
continue to be eligible for the benefits of State Railway Provident Fund and
for gratuity in accordance with the rules prescribed in that behalf.
106. For the
purpose of these rules, the railway services shall be classified as follows
with effect from
1-4-1976: (a) Gazetted ;(1)
Railway Services Group A (2) Railway Services, Group B.
(b) Non-Gazetted ;(1)
Railway Services, Group C ;(2)
Railway Services, Group D ;(3) Workshop Staff (Group C &
D)
107. (1) With effect from 08.01.2010
subject to exceptions made in the footnotes below and also subject to
such exceptions as Ministry of Railways may, by any general or special
orders make from time to time, Railway Service posts shall be classified as
follows :
|
S.No.
|
Description of Posts
|
Classification of posts
|
|
1 (a)
|
A
Railway Service post in Apex Scale (Rs.80000-fixed) and Higher Administrative Grade
plus scale (Rs.75500-80000) and HAG Scale (Rs.67000-79000);
and
|
Group A (Gaz.)
|
|
(b)
|
A
Railway Service post carrying Grade Pay Rs.10000, Rs.8900 and Rs.8700 in Pay Band PB-4
(Rs.37400-67000) and Grade Pay Rs.7600,
Rs.6600 and Rs.5400 in Pay Band PB-3 (Rs.15600-39100) but
excluding the posts
falling in S.No. (2) & (3) below.
|
|
|
2
|
A
Railway Service post carrying Grade Pay Rs.5400 and
Rs. 4800 in Pay Band
PB-2 (Rs.9300-34800) but excluding the posts falling in S.No. (3) below:
The posts of Assistant Nursing Officer carrying Grade Pay Rs.5400, Principal /Head Master /Head Mistress (Secondary / High School & equivalent) (Basic Grade & Sr. Grade) carrying Grade Pay Rs.5400/6600 in Pay Band PB-3 (Rs.15600-39100) and Non-functional Grade of Group B� Gaz. posts of various organized Railway services & RBSS / RBSSS carrying Grade Pay Rs.5400 in Pay Band PB-3 (Rs.15600-39100) will continue to be classified as Group �B� (Gaz.). |
Group B (Gaz.)
|
|
3
|
A
Railway Service post carrying Grade Pay Rs. 4600 and Rs.
4200 in Pay Band PB-2
(Rs.9300-34800), Grade Pay Rs. 2800, Rs. 2400,
Rs.
2000, Rs. 1900 and
Rs. 1800 in Pay Band PB-1 (Rs. 5200-20200). The posts of S.O. (Acs) / Sr. SO
(Acs), TIA / Sr.TIA and ISA / Sr. ISA (Merged grades) carrying Grade Pay Rs.4800 in Pay Band
PB-2 (Rs.9300-34800), Nursing
Sister carrying Grade Pay Rs. 4800 in Pay Band PB-2 (Rs.
9300-34800 ), Matron / Chief
Matron (Merged Grade) carrying Grade Pay Rs. 5400 in Pay Band PB-3 (15600-39100 ), Primary
School Teacher / Trained Graduate
Teacher / Post Graduate Teacher and equivalent (Basic / Senior /
Selection Grade) carrying Grade Pay
Rs. 4800 / 5400 / 6600 in Pay Band PB-2 / PB-3 ( Rs.
9300-34800 / 15600-39100 ) will continue to be classified as Group �C�.
|
Group C
|
|
4
|
A
Railway Service post carrying Grade Pay Rs. 1650, Rs. 1600, Rs. 1400, Rs.1300 in Pay
Band IS (Rs. 4440-7440).
|
Group
D( till the posts are upgraded)
|
Notes: (a) A person placed in higher Grade Pay /
Pay Band I-situ promotion scheme / ACP or MACP Schemes will continue to retain
the classification of his Basic Post. (b)
The classification of Non-functional posts, Sr. & Selection Grade posts of
Teaching / school staff will continue to remain the same as applicable to Basic
Grade post. (c) The
Assistants of Railway Board Sectt. Service & Personal Assistants of Railway
Board Sectt. Stenographers Service will continue to be classified as Group �B�
(Non-gazetted) as laid down in respective service rules. (d) If higher classification than that
indicated above is presently prescribed for any specific post in the
respective service rules, the same shall continue till further orders.
(2)
Posts created subsequent to date of effect of these orders as specific
additions to existing cadres shall have the same classification as posts in the
cadre to which they are added.
(3)
For above purpose Pay Band, in relation to a post, means the running Pay Bands
specified in Part A, Section I, Column 5 of the First Schedule to the
Railway Services (Revised Pay) Rules, 2008 & Board�s
letter No. PC VI / 2008/I/RSRP/1 dt.11.09.2008. (Authority: Ministry of Railway�s letter No. PC
VI/2009/I/RSRP/4 dt. 08.01.2019) ---ACS NO.110 ;
108. Establishments
and categories (including probationers) falling under the services mentioned in
rule 106 are shown below:
Group
A :(1) Posts in the Railway
Board; :(2) Advisors in Railway Board; :(3) Directors,
Additional directors, Joint Directors, Deputy Directors, Railway Board and
Research Design and Standards Organisation; Secretary, Joint Secretaries;
Deputy Secretaries, Under-Secretaries, Railway Board; (4) Indian Railway
Service of Engineers; (5) Indian Railway Accounts Services; (6) Indian
Railway Traffic Services; (7) Indian Railway Service of Mechanical
Engineers; (8) Indian Railway Service of Electrical Engineers; (9)
Indian Railway Service of Signal Engineers; (10) Indian Railway Medical
Services; (11) Indian Railway Stores services; (12) Indian Railway
Personnel Services;(13) Such posts in general Administration and
Miscellaneous Departments (e.g. Chemical & Metallurgical Department, Cash
& Pay Department.)
Group
�B� :Gazetted posts not
included in Group A :Note.�Temporary
Assistant Officers will not be classified either as Group A or Group B.
Group
�C� :All Posts
classified as Group �C� under Rule 107.
Group
�D� :All Posts classified as Group �D� under
Rule 107.
Workshop
Staff :All categories of Group C
& D staff employed in workshops other than those employed in clerical,
skilled or supervisory categories and not included in Group C or Group D
above.
109. Scales of pay of Groups A & B Railway Servants.�(1) the
Revised scales of pay admissible to Railway servants in Group A & B shall
be as notified by government with the sanction of the President.
No alteration in the scale of pay of a post or service can be made
without the sanction of the President.
(2) The pay of Group A
Railway Officer in Junior Scale on appointment to a Senior Scale post in an
organized Railway Service shall be fixed under Rule 1313 (FR-22) (I) (a) (1) )
of the Indian Railway Establishment Code Volume II (Sixth Edition-1987).
Railway
Ministry�s
decision.�A Junior Scale Officer can be considered eligible for promotion to
Senior Scale only after putting in 4 years service (including the period of
probation) in Junior Scale. But, if in the interest of Administration, one is
promoted to Senior scale before completing four years in Junior Scale, he will
draw pay in the Junior Scale plus a charge Allowance of Rs.300/- per month
subject to the condition that pay plus Charge Allowance should not exceed the
pay that would have been admissible had it been fixed under Rule 1313 (FR�22) (I)
(a) (1) ) of the Indian Railway Establishment code, Volume-II (Sixth
Edition-1987) on regular basis.
110. Sanctioned strength of cadres.�Subject to
any statutory provision in this regard, the strength including both the number
and character of posts of the Railway Services, Group A and B, shall be
determined by the railway Ministry. General Managers of Indian Railways
will have powers to create gazetted posts in Group �A� and Group
�B�, only to the extent stipulated in Item (3) of Annexure II of
Chapter V of Indian Railway Financial Code Vol.I (First Edition�1982)
subject to such limits and instructions as may be laid down by the Railway
Ministry from time to time.
Note.�Provided
the total number of sanctioned gazetted post in any grade (Heads of
Departments, Additional Heads of Departments, Deputy Heads of Department,
Senior Scale, Junior Scale and Group B Officers) of the service concerned is
not exceeded, the General Managers are empowered to vary solely in the public
interest having regard to changes in the work and responsibilities of the posts
concerned (and not in the interest officers) the distribution of posts
within that grade for a period of not exceeding 12 months.
111. The cadres
of the services and departments included in Railway services Groups A & B
(other than Medical Department and specialists) posts on Indian Railways shall
be fixed in accordance with the principles states below:-- (1) Separate
cadres shall be maintained for each Indian railway. (2) (a) The number of
permanent working posts, that is , posts required for ordinary duty on a
railway, shall first be determined for each service or department and divided
into the following grades:-- (i) Senior Administrative Grade Level
I (ii) Senior Administrative Grade Level II (iii)
Administrative Grade Scale Rs.2000-2250 (iv) Junior Administrative
Grade (v) Senior Scale (vi) Junior Scale/Group �B�.
(b) The General
Working posts, that is post required for general purposes of the railway which
may be filled by gazetted railway officers of any service may be determined and
divided in the same manner.
(c ) The number of posts to
be allotted to the Junior Scale shall be calculated with reference to the total
number of Administrative Grade and Senior Scale posts, and shall be so fixed as
to allow a continuous flow of promotion from lower to higher grade after a
given period of service. For this purpose all the administrative posts,
including the general administrative posts shall be taken into account.
(d) The rest of the posts
included in (2) (a) (vi) above shall be allotted to group �B�.
(e) The total number of
posts thus arrived at for each grade in a department shall from the permanent
duty strength of each service or department.
(3) Posts required for
meeting deputation leave and training requirements will be provided in Junior
Scale based on requirements assessed from time to time. These posts shall
be intended ordinarily to provide for the deputation/training of and or grant
of leave to a member of the Department without the necessity of making an
officiating appointment to the Junior Scale or to Group B post in the chain or
vacancies consequent on the deputation, training of and/or grant of leave to
the member in question.
(4) The permanent duty
strength together with the posts sanctioned as �deputation,
training and leave reserve� shall from the total permanent cadre of the service or
department concerned.
112. The
permanent strength of the Medical Department shall be fixed with reference to
the permanent posts required for ordinary duty and will include at the
Additional Divisional Medical Officer�s level a leave and
deputation reserve of 20 per cent of the permanent working posts.
Instruction
for working the Cadres
113. Excess over sanctioned number. � The
number of posts sanctioned for each grade in a department shall in no case be
exceeded without the sanction of the authority competent to create a post,
either permanent or temporary, in the grade.
114. General Posts. � If a
general post included in the permanent cadre of a service or department is held
by a member of another service or department, such post shall be treated, for
the purpose of comparing sanctions with actuals, as permissible additions to
the permanent cadre of the latter department by a corresponding reduction in
the permanent cadre of the former, for the period for which such arrangement
lasts.
115. Reversion to open line. � When a
permanent open line gazetted railway officer holding a post in the office of
the Railway Board or in an office/project/organisation directly subordinate to
that authority proceeds on leave, deputation or attains superannuation he shall
be treated as having reverted to the Railway on the cadre of which he is borne,
except,
(i) When
he is expected to return to his post at the end of the leave; and
(ii) Either the leave taken by him is leave
on average pay not exceeding four months or he holds a permanent post in the
office/project/organisation.
On reversion to the parent
railway he shall be considered as a permissible excess over the permanent cadre
of that railway for the period of his leave.
116. Holding of posts in abeyance or keeping them unfilled.�No
gazetted post in Group A or B may be held in abeyance without the sanction of
the authority competent to create it. If it is proposed to keep such
post(s) unfilled for more than six months, the matter shall be reported to the
Railway Ministry.
Note.�For the
purpose of this rule, when the duties of a post are performed by another
officer in addition to his own duties such post shall be considered to have
been kept unfilled.
117. Checks to be applied to cadres.�The cadres
shall be checked in the manner prescribed in the Indian Railway Code for the
Accounts Department and all reasonable precautions (e.g. reversion of the
officers officiating) taken before hand to prevent the occurrence of avoidable
excess over the cadre.
118. Tenure posts. � (1) The President may declare any posts outside the cadre of a
regular service as tenure.
(2) No officer in Group A shall in the
normal course hold any of the posts noted below for more than the periods shown
against each:-
|
Posts in
Railway Board
|
5 years
|
|
Directors,
Additional Directors, Joint Directors, Railway Board.
|
4 years
|
|
Directors,
Additional Directors, Joint Directors, Research Design and Standard
Organisation.
|
4 years
|
|
Railway
Liaison Officer
|
4 years
|
|
Divisional
Railway Manager, Additional Divisional Railway Manager, Deputy General
Manager.
|
3 years
|
(3)Confirmation in
tenure post is dispensed with.
208. Officiating promotions (1) An
officiating arrangement made in the place of a permanent open line Group A or B
officer deputed to fill a post temporarily sanctioned for a survey or
construction shall continue to be permissible during leave taken from the
survey or construction by the Railway officer so deputed, provided that such
leave does not exceed four months and the head of the construction department
certifies that the officer is
|
8
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:
: 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): Letter: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 even without
acknowledgment.
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 & 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/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 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;
For favor of kind information and further necessary action please.
Yours faithfully,
(V.SESHADRI),ASC/RPF/RETD & President,
, SCR,SC
11:
PENSIONER’S PORTAL; LODGEDON 31-5-2012- AT
06.30 HOURS;
ASC ADHOC MATTER:
Your Registration Number is : MORLY/E/2012/03392 :
12:
n-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 :
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