To
Date: 21-02-2013
The Director – Cum- DIG, RPF,
Office of the DG, RPF,
Railway Protection Force,
Railway Board, Rail Bhavan,
New Delhi-110001
(For
special attention of Sri. Anand Vijay Jha, Director-
cum- DIG,RPF please)
///Through proper Channel—through Sr.DSC,
RPF, Waltair Division,VSKP
and IG-CUM-CSC,RPF,East Coat Railway,
BBS///
Honoured SIR,
Sub: Representation from-V.Seshadri, Asst. Security Commissioner, RPF-
Retired- Senior’s names dropped from the Inspectors/ASCs' Ad hoc lists
and juniors given regularization and Promotion as Commandants/DSCs in
RPF –Pray justice and Remove Disparity and Anomaly – reg.
Ref: 1). IG-Cum-CSC,RPF,East Coast Railway,BBS Ltr.No.RPF/ECoR/E/08-
03/491 dated 28-01-2013;2). IG-Cum-CSC,RPF,East Coast Railway,BBS
Ltr.No.RPF/ECoR/E/08-03/4489 dts.05-9-2012;3). Railway Board Ltr.No.
2012/Sec(E)/RTI-243 dated 20-12-2012- &2012/Sec(E)/RTI-260
dtd.08-01-13:ID No.29371 &
29387;
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In
continuation to my letters on the matter, and in reference to above, it is to
submit that as per DoP&T, OM No. 22011/4/98-ESTT. (D), dated 12-10-1998, in the event of failure to conduct
the DPCs in time, due to administrative difficulty, delay, and if the DPCs are
held in later years to fill up the vacancies of previous years, the names of
those Inspectors/ ad hoc ASCs retired in the intervening period should find
place in the DPCs Panel Lists even by preparing extended Panel(s), if necessary.
Railway Board vide Notification No. E(O) I
/2004 /SR-6/17 dated 05-02-2010 circulated ‘ Inter-Se’ seniority list of direct
ASCs and Departmental promote ASCs showing them as regularized by the DPC for
the years 2003 to 2006- duly dropping the names of the retired ASC’s ad hoc.-
the juniors were later promoted as DSCs …who are most juniors to the retired
ASCs-ad hoc… like me.
But for delay in
holding the DPCs in later years, that is, held in May 2009 to fill up vacancies
of 2003-2006,etc,and by not following the Orders of the GOI cited above by the
DPCs and by dropping the names of the seniors on the plea that they are retired
and inducted juniors ‘ names in their place, the seniors lost pension benefits;
the Railway Board also not honored the Judgment Order of the Hon’ble High Court
of Delhi in W.P.(C) 12612 to 12615 of 2004 dated 07-02-2006 directed the
Respondent’s –UOI, Railway Board, etc.,
to hold Review DPC on or before 15-4-2006 and to give consequential
benefits to the Petitioners. In this connection, I have submitted my
representation also but no reply received.
The Apex Court and several High Courts also in its judgments’/Orders
have categorically depicted to apply its Orders even to the employees who are
not the petitioners in the Writ Petitions who are found to be in similarly
placed circumstances as that of Petitioners’. I have earlier submitted several letters since
about six-seven years on this issue, but no reply received so far. To cite
latest areL1).Honorable
PMO’s Office, New Delhi – Dy.No.2475/VIP/MOS (PP)/12 Dated 17-9-2012 ;(2)-
PRSEC/E/2013/000152 dated-03-01-2013;3).Hon’ble-President-of-India’s-Secretariat,S.No.P1/D/1407110087
(4).HonorableMR/Reg.No.MORLY/E/2012/03392
Dated31-5-2012; and a score of letters; Minutes of the
RPFPWA,SCR,SC;&(5).Railway Board. Reg.
No. MORLY/E/2013/00062 dated 03-01-2013. The same please be connected.
Copies of connected letters/documents are enclosed for favour of kind
perusal and to do justice please.
Thanking you Sir,
Yours faithfully,
(V.SESADRI)
ASC/RPF/Retd.
Address: V.Seshadri,ASC.RPF/Retd.,
# 24-147/4/2,East Anandbagh,
MALKAJGIRI,Secunderabad-500047.----------CONTINUED IN THE NEXT BLOG--- KINDLY GO THROUGH>>>>>>>>>>>>>>>PART_I and PART_II...
10. Effect of delay in holding
selections(DPCs)- ( Article 309);-5 cases:
A subsequent restructuring of the service or delay in holding the
selection for which the employee was not responsible cannot take away his
seniority for promotion; Nirmal Vs UOI;(1991) Supp.2 SCC 363-Para-4-6);
2-W.P.No:15143/1990 of Honourable High Court of Andhra Pradesh ‘Judgment-Order’
dated 26-3-1998- in Jaigopal Singh/RPF Vs CSC/RPF and Others- Cause - On Admn.
Delays-restoration of seniority and retrospective promotion even after
retirement from SI to ASC/RPF-Group ’A’ Cadre Post/ rank with all consequential
benefits;(3):W.P.No:4722/1985 of Honourable High Court of Andhra
Pradesh-‘Judgment-Order’- in Mir Moihiuddin/RPF Vs CSC/RPF and Others –Cause-
On Administrative Delays-restoration of seniority and retrospective promotion
from SI to ASC/RPF rank with all consequential benefits; (4):W.P.No:6631/2002
and WPMP No.9156/2002-Judgement/Order- Honourable High Court of Madras...contain”…it
has been repeatedly held by the Supreme Court that the DPC should sit for every
year regularly before the appointed date and that the case of eligible
candidates within the one of consideration should be dealt with…” ;
11.Effect of wrong application of Rules
or without any reasonable ground – (Article-309):
The Court may direct
the competent Authority to place the employee in the higher grade with effect
from the date when his junior was placed therein, with consequential monetary
benefits ;( Dharam Vs Administrator; (1991) 17 ATC 925;AIR (1991)SC 1924; (1991)
Supp.(2) SCC 635; (1991) Lab IC 1695-Para-4);
12. Interpretation of Rules-
‘Appointment date ; Confirmation/ Regularizations’; ‘seniority’- (
Article-309);
When a person is
‘appointed’ to a post according to the Rules, his seniority is to be counted
from the date of his appointment and not according to the date of his
confirmation /regularization; (1- Bhatnagar Vs UOI; (1991)1 SCC 544; (1991) 16
ATC 501; (1991) 1 SLR 191; (1991) 1 LLN 1 – Para-8-12; 2- direct Recruit Class
–II Engg.Officers’ Assn. Vs State of Maharastra; (1990) 2 SCC 715; AIR (1990)
SC 1607; (1990)13 ATC 348-Para-47l 3- (1990) 2 SCJ 377-Para-13; (1990) 2 SCC
715; (1990) 13 ATC 348; AIR (1991)SC 1607 (CB);
13.Temporary or ad hoc service: (
Article-309);
The State, should not keep a
person in a temporary or adhoc service for long period; ( for a number of
years). It should take steps for his regularization-(Deharwad District PWD
Literate daily Wage Employees’ Assn. Vs State of Karnataka;(1990) 2 SCC 396;AIR
(1990)SC 883; (1990) Lab IC 625-Para-23);
14. LIABILITY OF OFFICERS-(Articles-32,
14;16;309):
1.Bureaucracy is also accountable
for the acts done illegally, when the Court exercises Judicial Review:(State of
Bihar Vs Subhash Singh-AIR (1997) SC 1390-Para-3;(1997) 4 SCC 430);
2.‘ACTIONABLE WRONG-‘APPLICATION OF
DOCTRINE OF parens patriae’;
Where the Petitioners’ Fundamental
Rights’ are impaired by Legislation or Rules or ‘Government Orders’ , the
Court’s can interfere even if it is a matter concerning service; (
article-32;14;16;309);
(1. FCI workers Vs FCI- AIR (1990)-SC 2178; (1990) Supp.SCC 296; (1990)
4 SCR 745; 2. S.M.Mukharjee Vs UOI- AIR
(1990)SC1984; (1990) 4 SCC 594; (1990) Cri.LJ 2148; 3. Shesharao Vs Govindrao; AIR (1991) SC 76; (1991) Supp.(1)
SCC 367; (1991) 16 ATC-938; (1991) 2 LLJ 109-Para-3);
15. A Rule operates prospectively unless
it is made retrospective by express provision or by necessary Intendment- (Article-309);
(Mahendram Vs State of Karnataka; AIR (1990) SC 405- Para-5; 2.
N.T.Bevin Katti Vs Karnatak PSC- AIR
(1990) SC 1233; (1990) 3 SCC (1990) Lab IC 1009-Para-13);
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16. Ministry of Personnel, PG and
Pensions, D/o Personnel & Training,
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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 D o P&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 EMPLOYEED 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:
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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;
17).
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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.
18).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:
(A): Railway Board vide Notification No.
E(O) I /2004 /SR-6/17 dated 16-11-2004 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; 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;
(B): Railway Board vide
Notification No. E(O) I /2004 /SR-6/17 dated 05-02-2010 circulated ‘
Inter-se’ seniority list of direct ASCs and Departmental promote ASCs showing
them as regularized by the DPC for the years 2003 to 2006- duly dropping the
names of the retired ASC’s ad hoc.- the juniors were later promoted as DSCs
…who are most juniors to the retired ASCs-ad hoc..but for delay in holding the
DPCs in later years, that is, held in May 2009 and by not following the Orders
of the GOI cited above by the DPCs and by dropping the names of the seniors on
the plea that they are retired and inducted juniors ‘ names in their place, the
seniors lost pension benefits;
(C): 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;
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).
19): PENSIONER’S PORTAL; LODGED
ON 31-5-2012-ASC ADHOC MATTER: Registration Number is : MORLY/E/2012/03392 :
20): DoP&T
Office Memorandum No. 22011/5/86-Estt(D) dated 10-4-1989 containing consolidated instructions on DPCs have been
reiterated again vide OM No.22011/9/98-Estt(D) dated 08-9-1998 and again vide
OM No. 22011/1/2011-Estt)D) dated 11.3.2011—Para-4-indicated-“Non-adherence to
time frame of DPCs is a matter of serious concern to the Govt..Hence, all
concerned cadre controlling authorities are once again counseled to ensure
strict adherence to the …. OM. Dated
08-9-1998….”
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