Suffice to mention herein the words expressed in the following
cases,
to read our agony and mental imbalance which can be best judged
by
reading the following lines founded in the Nakara Judgment,
etc., which, in
my considered opinion, equally match and fits to the situation
what the RPF
departmental ASCs-ad hoc suffered and even now suffering in the
hands of
the Railway Board authoritative power and dictation of
interpretative choice
language of the OM No.22011/4/98-Estt.(D) dated 12-10-1998- of
the Dept
of Personnel & Training— the ASCs/AD HOC who were made to
rotten their
flesh and life for the sake of the job and then now for equal
pension at par
with their juniors who are uplifted duly suppressing the
seniors.
In Writ
Petitions Nos. 5939-5941 of 1980---D. S. Nakara And Others Vs
Union Of
India…DATE OF JUDGMENT: 17.12.1982: the Honorable Supreme Court observed ”….
With a slight variation to suit the context Woolessey's prayer: "Had I
served my God as reverently as I did my King I would not have fallen on these
days of Penury" is chanted by petitioner in this group of petitions in the
Shelian tune: "I fall on the thorns of life I bleed." Old age, ebbing
mental and physical prowess, atrophy of both muscle and brain powers permeating
these petitions, the petitioners in the fall of life yearn for equality of
treatment which is being meted out to those who are soon going to join and
swell their own ranks.....and…so…on....”;
AND in W.P.(C) No.6314 /2012 IN THE
HONORABLE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: December 04, HARANANDA AND
ORS”, the
Honorable
Court Observed, ” ..… The Ministry of Railways looked into the matter and
prepared the draft service rules keeping in view the cadre structure required
for Organized Group A Central Service and way back on March 1, 2005 sent the
necessary grade wise cadre structure as also the draft service rules to DOPT
and regretfully we find that for over seven years the matter has been put in a
slumber by DOPT. Learned counsel for DOPT states that inter departmental
communications and notes are being exchanged. Suffice would it be to state that
life keeps on moving and does not stagnant. Officers who have joined service in
Railway Protection Force would continue to retire on attaining the age of
superannuation and God knows how many of them have superannuated in the last
seven years……”
<><><><><><>
KNOW YOURSELF BY READING this????
**** PLIGHT OF THE RAILWAY PROTECTION FORCE (RPF)
DEPARTMENTAL ASSISTANT SECURITY COMMISSIONERS (ASCs)/ ADHOC FOR SEVERAL YEARS
WITHOUT REGULARIZATION AND WITHOUT PROMOTION: Views & Vision.
Take the RPF working
system in the Ministry of Railways, that is, in other words, the Railway
Protection Force Working
formulae adopted between the direct recruit RPF/ASCs selected and appointed through
UPSC, and with that of the departmentally promoted and appointed to the Group
‘A’ Cadre Post of RPF/ASCs; both Group ‘A’ Cadre Officers on appointment after
following all the principles and with the approval of the Ministry of Railways,
Competent Authority, etc.; Both shall hold same rank, status, pay, perks,
responsibilities but they – the ADMINSISTRAION/HOD IN THE RAILWAY BOARD- all in
all authority for the RPF in INDIA- blessings are adopted differently;
Direct ASCs get DSCs
promotion immediately after completion of three of service, while the
departmental ASCs, in
the name and style of ADHOC/Officiating as ASCs, shall continue for several
years,on the ground that their position as ASCs not/could not be
regularized through the DPCs, hence not promoted as DSCs; WHO IS TO BE BLAMED
AND WHO IS AT FAULT? THE ADMINSISTRATION’S FAULT RUBBED AND THROWN ON THEM AND
MADE THEM TO RETIRE AS ASCs ADHOC, while others , get through ‘GOD FATHERS’:
Several Judgments, Orders, Directions, from the Hon’ble High Courts, and also from
the Apex Court in different Writ Petitions have come out on this issue, but
still the same amplitude modulations are continuing? Why?
Nothing changed in the
pattern of their minds, DPCs not being held as per schedule, rules, but the
departmental promotes-
as ASCs/ADHOC retire; their names dropped from the Panel Lists taking the plea that
they have retired, even against the vacancies of the years when they were in
service, and juniors are given regularization and DSCs promotion? WHAT A
PRINCIPLED JUSTICE OF THEIR OWN NORMS AND RULES? No D o P & T’s, U P S C’s,
RPF Rules, RPF Laws, Applicable Railway’s Establishment Rules, and the
Provisions incorporated in the Constitution of India, etc., regarding the
Officiating/ADHOC continuance, steps to be taken when DPCs not held in time
Schedule, shall come on their way in suppression of legitimate promotions and
benefit of higher scale pension fixation, etc. If they do not want some one’s
name, not to be listed, and instead, if they like some other junior, the interested
name of the departmental ASC/ADHOC shall appear in the Panel Lists, duly
getting his earlier punishments, etc. wiped out as dropped on mercy ground and
regularized, promoted as DSC? What is there in this system, just consume and
digest?
No references of the
Hon’ble President’s Secretariat letters, Ministry of Pensions and PGs letters,
other
Representations/Petitions shall have any Value to them; there shall be no
replies or even
acknowledgments on the
status, or what action is being taken by them/RPF,HOD, they just keep quite?
Such type of working some day burst out like that of the present accusations by
the top-brass even in the Army, Ministries/departments, etc; in the Metro
Railway of Hyderabad-HMR, the Hon’ble High Court gave ‘Stay Order’ for its
works in some corridors, the Railways Works taken up by the State with cover up
of AP Tramways Act, etc., what is the Constitutional validity herein above?
Which we see now in the NEWS? Can any Officer/personnel in the Ministry of
Railways, Railway Board, Rail Bhavan, or at the Director General’s Office,
Railway Protection Force see the pending files about the
Grievance/Representations of the RPF departmentally promoted ASCs plight, still
pending even on date and finalize the issue, the ‘MISTREATMENT’ found to be
continuing to them even for decades, even after retirement: No one is/has/or
shall come forward to dispose the files in favour of them as they have no ‘God Fathers’
to get the matter pushed further and get the ADHOC ASCs regularized at par with
their juniors and give them their legitimate, promotion as DSCs, or at least
financial pension benefits, etc as per the D o P &T OMs. All the References
sent from the Hon’ble President of India’s Secretariat, the Ministry of
Pensions and PG, personal appeals, etc., kept pending by them and not even an
acknowledgment sent;II: VI PC Recommendations and its implementations:
An ANAMOLY by all means and a blow to the SENIORS in 10/20/30 years service
promotions, for those retired between 01-01-2006 and 31/8/2008; Here again the
losers are the Seniors only: Who shall help in this regard to rectify and do
justice to the Seniors with more than 35-40 years of service but retired before
1-9-2008.Ironically, another ‘GOD Fathers’ case - A GREAT INJUSTICE AND
UNRECOVERABLE FINANCIAL LOSS AND STATUS TO THE SENIORS – the central Government
employees- WHO HAPPENED TO BE IN SERVICE BETWEEN 01-01-2006 AND 31-8-2008, the
‘ Separate and Specific-Decision Making Order of Implementation’ date- made
effective from 01-9-2008 instead of 01-01-2006’, though a Gift through VI PC Recommendation’s
to one all but only for a few through its implementation date- changed over-
from 1-1-2006 to 1-9-2008.O! ‘GOD
FATHER’ help to remove this ANONALY TOO, TO GET BENEFIT TO ONE AND
ALL THE CENTRAL
GOVERNMENT EMPLOYEES’ AS PER THEIR DATE OF BIRTH WHO RETIRED BETWEEN 01 .01.2006
and 01.9.2008;What a formulae adopted to and for such employees having no ‘GOD FATHERS?
While the junior draw more pensions, the
seniors deprived of the same? What a type of Justice done? The saying that
matters
Justice denied, Justice buried? Help US.
that of the Rules framed
favouring the Group ‘B’ Cadre Officers in the Railways System; this ANAMOLY
IS CONTINUING INSPITE OF SEVERAL REPRESENTATIONS AND NO ACTION TAKEN BY THE MINISTRY
OF RAILWAYS.
As luck would have it,
there is no Group ‘B’ Cadre Post in the RPF department. A Group ’C’ cadre
post Inspector-
Non-Gazetted shall be promoted and appointed against a clear and sanctioned,
nonfortuitous post of ASC/RPF with an additional word added in the Order as
they have been appointed on ‘ADHOC’ base; Why this differentiation and
discrimination between the RPF Group ‘A’ Cadre post ASCs/Adhoc, and with that
of the Group ’B’ Cadre post Officers of the Railways, the sounding reason, they
have no God Father to get their ANAMOLY rectified and the Financial
Commissioner of the Railways have to be convinced, by whom, who cares
applications, etc.
:KINDLY HELP THE SENIOR MOST RPF- FORCED TO WORK ON AD
HOC BASIS FOR SEVERAL YEARS WITHOUT
CONDUCTING REGULAR/SCHEDULED DPCs AND THEY WERE MADE TO RETIRE
WITHOUT EVEN GETTING THE
PENSIONARY BENEFITS WHICH THEIR JUNIORS ARE ENJOYING NOW IN THIS
GOI/UOI'S - MINISTRY OF RAILWAYS/RPF? KINDLY HELP AND SOLVE THESE PROBLEMS ONCE
FOR ALL!
THIS IS A TYPE OF INELUCTABLE AMPLITUDE MODULATION ATTITUDE
INEXORABLE INEQUITY WITH
AUSTERITY,MAY CROP UP IN ANY FORCE, ALSO IN RPF, HIGHER
AUTHORITIES DEALING IN PROMOTIONS, AD-HOC REGULARIZATION,APPROVAL BY THE
RAILWAYS, UPSC, DoP&T, PRESIDENT'S SECRETARIAT, ROUTINE-WAY W/O FOLLOWING
RULES,LAW, CONSTITUTION, ORDERS/DIRECTIONS & JUDGMENTS,ETC,ETC CAN BECOME
BASE FOR THIS TYPE OF MISCONCEPTIONS/BIASED ON MIS-DIRECTIONS,DISCRIMINATION &
DIFFERENTIATION AMONG GROUP'A'CADRE DEPARTMENTAL/DIRECT OFFICERS,ADHOC ASCs
LIKE SANDWICH/BOARDS,CONTINUING FOR SEVERAL YEARS AT THEIR WILL &
PLEASURE,W/O DPCS &W/O PROMOTIONS AS DSCs; THE DISCONTENTMENT, CHAOS,ETC
MAY BURST OUT THROUGH SOME WAY BY SOME ONE AND SPREAD LIKE WILD FIRE ON SOME
DAY, WHO IS SPARTACUS/GLADIATOR?
On my letters sent through email: One reply received: reads as
under:
:Dear Sir, Kindly refer to your e-mail of 10th April 2012.
Your mail has been
forwarded to Director (E-I), of DOPT for further action /clarification.
You may kindly pursue
with her on dire1-dopt@nic.in. However, pls be adviced that
for complete resolution
of your request, you will need to approach only the Railway Ministry, and not
DOPT.M.C.Luther, Director Admin ,Deptt. of Personnel and Training ,Govt. of
India ;Tel : 011-23092338
2): Right from the
President of India’s Secretariat to any other Ministry/department, the final
and The Ultimate end point again comes to RPF/Railway Administration, Railway
Board New Delhi: But who shall take initiative to finalise the issues,; O! GOD
help US::
THIS IS THE ONLY REPLY
RECEIVED WITH A RAY OF HOPE, WHILE THE HONORABLE PRESIDENT OFINDIA’S SECRETRIAT
AND THE D o P&PW HAVE PROMPTLY SENT COPY OF THE LETTERS ADDRESSED TO THE
RAILWAY BOARD FOR FURTHER NECESSARY ACTION AT TEIR END. BUT ,IRONICALLY WE ARE
SEEING THE END OURSELVES AND THE RILWAY BOARD OR THE DIRECTOR GENERAL, RPF,
RAILWAY BOARD, NEW DELHI have nothing to
bother on this issue as are the perpirates of this issue and does not want to
rectify their mistake,since done wantonly??? EXTRA***
OCT,2012---published in___:…http://reportmysignalpm.blogspot.in/2011/07/central-police-forces-and-statearmed.html?showComment=1349198476416#c7925545997570881705
Appointment of Superior
Officers in RPF-Armed Force -Views and vision: Railway Protection Force or
generally referred to as
the Railway Police Force is working under the control, command, and supervision
of the Ministry of Railways. Still, it is viewed as a Secondary Force from
amongst the CPOS/CPMFS as it is not working under Ministry of Home Affairs. The
Ministry of Railways too found to have not inclined to implement the VI CPCs
Pay Scales while issuing the revised PPOs to RPF pre-2006 retirees;but applies
its own Orders like that of railway staff;pension settlements are to be made,
to that of CPMFs by MHA. This ANOMALY IS CONTINUING WITHOUTANY RETIFICATION, OR
MODIFICATION OF EARLIER ORDERS TO APPLY TO ALL THE RPF pre-2006 PENSIONERS LIKE
THE OTHER CPMFS.The appointment of the Superior Officers has been streamlined
by the RPF Act,1957 and the RPF(Superior Officers)Recruitment Rules,
1974-amended in 1981regulating the mode of recruitment of superior officers.
again amended in 1994 and 2006.in the RPF there are only two Groups of posts –
Group ‘C’ and Group ‘A’; Earlier ASC- Group ’A’ Cadre for direct recruits- 60%-
through UPSC, and 40% by promotion of departmental ASCs of Group ‘B’ Category.
The posts of ASC Group ‘B’ category, 100% - by selection from Inspectors; the
working system was so congenial, no indifferences among the Group ‘A’ Cadre
ASCs, and other departmental ASCs, as of now, the entire working system of ASCs
without regularization &other ASCs with three years of service getting
their higher rank promotions ,promote ASC started to rotten,retire with loss of
pensionary benefits, while their juniors get regularization and higher ranks in
their place due to belated DPCs,mis-managemenent/manage-otherwise process;ad
hoc ASCs totter in hope of DSC.The Railway Board, the DG, RPF shoulders the
responsibility of conducting the DPCs as per DoP&T,UPSC- OMs in
time-schedule, made its headway in regularizing the ad hoc ASCs at their will,
announce the panel names by dropping the names of the retirees on the ground
that they were not in service on the dates/year of selection/DPC Panel
date.This misinterpretations of DoP&T Orders, like -OM
No.22011/4/98-Estt.(D) dated 12-10-1998-‘ Procedure to be followed by the DPCs
in regard to retired employees’-but not followed& fooled even in RTI
replies;and hampered RPF retirees and the family
pensioners’ life and
pension, status & dignity;juniors drawing more pension. FR, intrusion to
Article 309,
supreme courts judgments
not cared, etc.Any type of umbrage and upsurge by the adhoc SCs'appeals,for
regularization but nil
result.fact and peril continue unabated at all stages, files goes through
Railway Board UPSC and to the Honorable President of India’s Secretariat .The
great expectations and vision for
systematized selection,
and promotion process without the word of ad hoc system;the seniors are not
dropped while their juniors are elevated to higher ranks with pay and pension
benefits. Let the senior citizen’s virtualization come true.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
***
No. 2007Sec(E)/RTI/2 New Delhi,Dated 19/22
Sept/2008
Shri S. Gnaansambandham, Retd (ASC)
H.No. 20-34, Goutam Nagar
Malkajgiri, Secunderabad-500047 (AP)
Sub:- Court
hearing held on 25.04.08 in CIC.
Ref:- Your application dated
02.08.08
With reference to the above, para wise reply to your
application dated 02.08.08 is as under-
Para I
- No reply required
Para ii - No list of adhoc ASCs is
maintained for regular promotion. ASCs in junior scale were promoted on the
basis of the seniority list of IPF Gr-I
Para iii, iv &v
- The DPC for the examination years 1994 to 1997 was held on 16th
-18th August 2000 and the subsequent DPC for the examination years
1998 to 2002 was held on 18th – 19th May, 2004. Shri
Gnanasambandham was empanelled by the latter DPC against a vacancy of 1998. The
DPC recommendations were given effect to from 04.06.2004. Since Shri
Gnanasambandham ( D.O.B.- 12.03.1944) had ceased to be in service as on
04.06.2004, the promotion order in his case was not issued, in terms of
DOP&T’s instruction contained in its OM No. 22011/4/98-Estt (D) dated
12.10.1998.
Copy of the portions of the DPC minutes relevant to the
examination years 19978 & 1998 are enclosed as Annexure-A.
Para vi -Information
sought in this Para is exempt from disclosure under section 8(1)(h) of RTI Act
2005.
Para vii -It
is reiterated that there was no direct recruitment of ASC in RPF duringthe year
2001-2005.
Para viii -Enclosed
as Annexure B
Para ix - Enclosed as Annexure C
Para x - Ah hoc promotion in respect of RPF
was made in exigencies and on account of non availability of regularly
empanelled candidates ( since 1981 because of the pending Court cases and their
finalization in Supreme Court in 1997).
Para xi & xii -
Same as reply to Para iii,iv & v
Para xiii -
Directly recruited ASC probationers are confirmed in junior scale after having
successfully passed all the exam prescribed aftr completion of institutional
training. After appointment as directly recruited ASC, their confirmation test
is held on completion of their initial training and orders are issued in terms
of Para 105 of IREM Vol.I
SD/-
( SUCHIRA CHOUDHARY)
Dy.DIRECTOR
RAILWAY BOARD
Encl:- As above
Copy to:- 1.) Chief Information Commission, Old JNU
Campus, New Delhi
2.) APIO, Railway Board, New Delhi.
<><><><><><><>
DoP&T--
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:
*****A: Go through the following and put the matter into
your draft please:
THIS IS VERY
IMPORTANT POINT OF ISSUE-REPLY UNDER RTI ACT AND CONNECTED TO THE ACTUAL
DoP&T Order pertains to the inclusion of names of the retirees also in the
panel(s) list(s)… DoP&T’s instruction contained in its OM No.
22011/4/98-Estt (D) dated 12.10.1998. Interpretation by the Railway Board, DG,RPF
has been done to suit to its convenience and cover up their matters on
regularization of other juniors and give promotions to he juniors…
Judgment on 17-12-1982 in Nakara Case in 1982
(W.P. 5939-5941/1980- D.S.Nakara and others Vs Union of India 1983-AIR130-SC)--
: QUOTABLE QUOTES
FROM THE NAKARA JUDGEMENT:
“…with a slight variation to suit the context Woolessey’s
prayer: ‘had I served my God as reverently as I did my King I would not have
fallen on these days of penury’ is chanted in these group of petitions in the Shelian
tune:’ I fall on the thorns of life I bleed.’ Old age, ebbing mental and
physical prowess, atrophy of both muscle and brain powers permeating these
petitions, the petitioners in the fall of life yearn for equality of treatment
which is being meted out to those who are soon going to join and swell their
own ranks…”
The Constitution ( Article14) command to the State to
afford equal protection of its laws sets a goal not attainable by the invention
and application of a precise formula… that all persons placed in similarly
circumstances shall be treated alike both in privileges conferred and liabilities
imposed. Equal laws would have to be applied to all in the same situation, and
there should be no discrimination between one person and another if as regards
the subject-matter of the legislation their position is substantially the same.
The quid pro quo was that when the employee was
physically and mentally alert, he rendered unto master the best, expecting him
to look after him in the fall of life. A retirement system therefore exists
solely for the purpose of providing benefits.
The State (Article 39) shall strive to minimize the
inequalities in income and endeavour to eliminate inequalities states,
facilities and opportunities…thanks to the rising social and political
consciousness and the expectations aroused as a consequence and the forward
looking posture of this Court, the underprivileged also are clamoring for the
rights and are seeking the interventions of the Court with touching faith and
confidence in the Court. The Judges of the Court a duty to redeem their
constitutional oath and do justice no less to the pavement dweller than to the
guest of the Five-Star hotel.
Where all relevant considerations are the same, persons
holding identical posts may not be treated differently in the matter of their
pay merely because they belong to different departments. If that cannot be done
when they are not in service, can that be done during their retirement?
Values determine contemporary socialism pure and
simple…the principal aim of a socialist State is to eliminate inequality in
income and status and standard of life. The basic framework of socialism is to
provide a decent standard to life to the working people and especially provide
security from cradle to grave.
******
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/RPFseniority 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.
· Constitutional
guaranteed Fundamental Rights, Privileges,Status, Dignity of Senior
Citizens denied:RPF-ASCs AD HOC for
more than one year- Injustice done-Justice Prayed, but denied, and buried by
the Ministry of Railways/RPF:Case Laws and the Constitutional Provisions:
· Promotions
and protection of seniority: (Article 309)-
Where a person entitled to promotion
under a Statutory Rule was unlawfully denied
Consideration, he would be entitled to
be considered for promotion with the retrospective effect and his seniority
would also be re fixed on that basis. In such a case, those who, would be affected
by such Order can not complain of discrimination, but the court may issue
suitable directions to avoid hardships to them (1- Ram Vs State of U.P; AIR
(1991) SC 1818 (1991) Supp.
(2) SCC 114;(1991) 17 ATC 346; 2-
R.M.Ramaual Vs State of H.P. ;(1991) Supp.1 SCC 198: AIR (1991)SC 1171(1991)
Cri.LJ 1415-Para-3);
· Rules
framed shall have the effect of Law- Constitute Law-(Articles-14,16,235,309):A
Rule made in exercise of the power under the proviso to Article 309, Constitute
Law within the meaning of Article 235; ( without violation of Articles 14 and
16 of the Constitution);So long as a Rule framed under Article 309 is not duly
amended, it is binding on the Government and its action in matter covered by
the Rules must be regulated by the Rules: ( 1-Bhatnagar Vs UOI;(1991) 1 SCC
544; (1991) 16 ATC 501; (1991) 1 SLR 191; (1991)1 CLR 70-Para-13; 2-bansal Vs
UOI;AIR (1993) SC 978; (1992 Supp.(2) SCCC 318; (1992) 21 ATC – 503; (1992) 4
SLR 445-Para-21);
· Effect
of continuous officiating-(Ad Hoc arrangements for long period-number of
years)-(Article309):
Even where the Order of appointment
may have stated that the appointment was temporary or stop gap, etc.,yet, where
it is established that the appointee has been working in that post for a long
period-number of years without break in service, the Court, may apply “
Principle of Continuous Officiation” and hold that the appointee be deemed to
have been regularized. (1-Nayar Vs UOI; AIR (1992) SC 1574;(1992) supp.(2)
SCC508;(1992) 21 ATC 695; 2-state of Haryana Vs Piara; AIR (1992) SC 2130;
(1992) 4 SCC 118; (1992) 21 ATC 403 (1992)Lab IC 2168-Para-12);
· Effect
of delay in holding selections (DPCs)- ( Article 309);
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;
: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…” ;
· 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);
· 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);
· 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);
· 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);
· 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 PSCAIR (1990)
SC 1233; (1990) 3 SCC (1990) Lab IC 1009-Para-13);
<><><><><><><><><><><>
|
Departmental Promotion Committee
|
|
No.22011/1/2011-Estt.(D)
Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training
North Block,
Dated :11.03.2011 OFFICE MEMORANDUM
Subject: Procedure to be observed by the
Departmental Promotion Committees (DPCs) – Model Calendar for DPCs and
related matters – Regarding.
The undersigned is directed to invite reference to the Department of Personnel and Training Office
Memorandum No.22011/5/86-Estt(D) dated 10.04.1989 containing consolidated
instructions on DPCs. These instructions inter-alia provide that the DPC’s should be
convened at regular intervals (by laying down a time-schedule for this
purpose) to draw panels which could be utilised for making promotions against
the vacancies occurring during the course of a year. This enjoins upon the
concerned authorities to initiate action to fill up the existing as well as
anticipated vacancies well in advance of the expiry of the previous panel by
collecting relevant documents like Seniority List, Annual Confidential
Reports (ACRs), etc. for placing before the DPCs.
2. The above instructions have
been reiterated vide this Department’s O.M. No.22011/9/98-Estt.(D) dated
8.9.1998. In these instructions, it has been further stated that
delays in promotions result in considerable frustrations amongst the
officers, thereby adversely affecting their morale and overall productivity.
As a remedial measure, it has been suggested that all Ministries/Departments
provide for a time schedule for convening DPCs. A time schedule for convening
DPCs was prescribed with the objective of ensuring that the prepared panel is
utilized as and when the vacancy arises during the course of the vacancy
year. It has been prescribed that in all cases requiring approval of ACC,
administrative action for convening DPCs is initiated at least 81/2 months
before the commencement of vacancy year and that DPCs are held at least 4 months
before the commencement of the vacancy year. In other cases where approval of ACC
is not required, it has been prescribed that DPCs should be held at least two months before the
commencement of the vacancy year. A
model calendar was also prescribed for DPCs. It was expected that this time
frame will be followed in letter and spirit for all DPCs.
3 . Instances have come to the notice of this Department where DPCs are
not being held in advance of the vacancy year as per the prescribed schedule.
Delays in holding DPCs not only affect the manpower planning in various
Ministries/Departments, but also impede the career progression across the
Board. Administrative delays in holding of DPCs have been viewed adversely by
the Courts and is the main reason for litigation before CAT and various High
Courts.
4. Non-adherence to time frame of DPCs is a matter of serious concern to
the Government. Hence, all concerned cadre controlling authorities are once
again counselled to ensure strict
adherence to the model calendar for the DPCs as circulated vide this
Department’s O.M. dated 8.9.1998. Wherever DPCs are yet to be held
for the vacancies arising in the year 2011-2012, the same may be completed by
31.3.2011 and for future vacancy years, the time frame referred to in Para 2
above may be strictly complied with.
5. All Ministries/Departments are also advised to immediately nominate
an officer of the level of Joint Secretary as the designated authority for
ensuring timely holding of DPCs and to certify adherence to the model
calendar for all DPCs in the Ministries / Departments.
6. Hindi version will follow.
s/d
(Smita Kumar) Director (Establishment-I) |
contd-IREM-Vol_I-RULES/PARAS-GROUP’A’ POSTS---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.
CLASSIFICATION OF SERVICES
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
VI.
RAILWAY
PROTECTION FORCE PENSIONER’S WELFARE ASSOCIATION
SOUTH CENTRAL RAILWAY, SECUNDERABAD.
(REG.No.1126/2012)
(Affiliated To All
India Retired Railwaymen’s Federation)
Head office: Block
No.303, Railway Colony High School, Chilkalguda,
Secunderabad-500025)
President: General Secretary Treasurer
V.SESHADRI. G.V.V.N.RAJU. M.SRINIVASULU.
9642164777 9652347477 9948089970
Letter No. RPFPWA/SCR/2013 Date: 24-01-2013
To
The Honorable President of India,
The President’s secretariat,
(Public-I
Section),
Rashtrapathi Bhavan,
NEW DELHI- 110004.
Honored Sir,
Sub: Submission of Mercy Petition with a humble prayer
to
Intervene
and to do Justice to seniors/senior citizens of the RPF, Railway
Board -
reg.
Ref: Ltr.No. P1/D/1407110087 dated 14-7-2011/
PRESEC/E/2011/10472;
(2)-PMOs
–Dy.No. 2475/VIP/MOS (PP)/12 dated 27-9-2012;
(3)-
DoP&T OM No. 22011/4/98-Estt. (D) Dated 12-10-1998;
(4)-
Minutes of the RPFPWA, SCR, SC dated 12-01-2013.
(5)-Railway Board Letter No.E (O) I/2004/SR-6/17 dated 05-02-2010 issued
by
The
Under Secretary (D&A), Railway Board, New Delhi.
Most respectfully and humbly submitted that the matter of
regularization of the ad hoc ASCs in the RPF- Railway Protection Force ,
Ministry of Railways, has been highlighted to the Ministry of Railways since
6-7 years through scores of letters, representations, Minutes, and also the
DoP&PW, Honorable PMO’s Office, the Honorable Presidents’ Secretariat,
etc, have forwarded our letters, etc.,
to the Ministry of Railways but no has been taken so far to get the matter
resolved by the Director General , RPF, Railway Board, for the reasons best
known to the authorities. In spite, our
efforts are continuing unabated at least to ventilate to the Honorable President
and others as to how the vested interests in the GOI can sustain and get-on to
their illegal acts successfully.
The unending efforts almost since about seven for
regularization and promotion at par with juniors, latest list of
ASCs/departmental promotees names have been published vide reference (5) cited
above, who are given berths duly dropping the names of their seniors and
promoted to the higher rank as Security Commissioners on the ground that the
seniors names have been dropped from the DPC’s Panel(s) lists as they retired
and not in service and by referring/citing the DoP&T OM No. 22011/4/98-Estt.(D)
dated 12-10-1998 referred to above.
If any prudent person in the Secretariat read the
DoP&T Om cited above, they can just understand how and why the RPF
Directorate have/are behaving like this duly is interpreting and mismanaging
their affairs and getting the approval and sanction of the President of India .
Someone commented on my efforts and sending letters to
YOU and others for these 6-7 years, stated that – I am in a state of “JUST A
FOOLS HOPE”...”-- in the government run department like the RPF where
everything can be managed, and efforts sheer waste of money and energy, even by
bringing to the notice of the first citizen of India or to the Honorable Prime
Minister or the Honorable Minister of Railways …”.
Still for all, I am sending the Minutes of the
RPFPWA,SCR,SC to your kind honor with a hope to connect the above references
and if pleased I ready to furnish more and more documents appertaining to the
above matter only to impress upon YOU that as to how the RPF departmental Asst.Security Commissioners,
suffered/suffered in the hands of the
Railway Board, DG,RPF who are/were not having any GOD FATHER to set right the
matter of continuous delaying tactics of not holding the DPCs in time schedule
and interpreting to their convenience the OMs of the DoP&T which were cited
above or to look into our genuine grievance sympathetically and issue Orders at
the RPF Directorate level.
I pray to intervene and render Justice in the name of
GOD.
Encl: as above: (
).
Yours faithfully,
(V.SESHADRI)
ASC/RPF/Retd, &
President, RPFPWA,
SCR, SC.
ADDRESS:
V.Seshadri,ASC/RPF/Retd.,
H.No.24-147/4/2,East Anandbagh,
MALKAJGIRI,SECUNDERABAD-500047.
Copy submitted to:
·
Honorable Prime Minister of India,
New Delhi; for favor of kind
Perusal and further
N/A
please.
Honorable Minister of Railways, New Delhi; -------------do---------------
Honorable Minister of Personnel, ------------do---------------
Public Grievances, and Pensions; New Delhi; -------------do----------------
The Chairman, Railway Board, New Delhi; -------------do----------------
The Director General, RPF, Railway Board, New Delhi. --------------do--------------.
Yours faithfully,
(V.SESHADRI)
ASC/RPF/Retd, &
President, RPFPWA,
SCR, SC.
To
Date: 19-01-2013
The General Manager,
East Coast Railway,
ECoR Sadan,
Chandra Sekharpur,
Bhubaneswar- 751011
Sir,
Sub:
Sanction/Grant of one increment on promotion to higher post -holding
Higher Responsibilities and liabilities-Promotion- Inspector, RPF from
Group ’C’ Cadre Post to ASC, RPF- Group
'A' Cadre Post- Request- Reg.
*****
Kindly
connect to the recent Orders of the GOI, Order/OM. No.10/02/2011.E.III/A, dated
07-01-2013, Ministry of Finance, Department of Expenditure, New Delhi (copy
attached) for sanction/grant of one increment to the employees who got
promotion and holding higher responsibilities and liabilities, but working in
the same scale of pay / grade pay, earlier not given increment, etc, duly
connecting to earlier OMs- Govt. of India O.M. No. 169/2/2000-IC dated
24.11.2000.
In RPF- Railway Protection Force, under departmental quota, Inspector-Group 'C' Cadre Post, is promoted to the rank of Asst. Security commissioner, RPF, Group ‘A’ Cadre Post, is not given any increment and is working in the same Scale of Pay and in the same Grade Pay/i.e. Rs.5400/- even though it is treated as promotion and holding higher responsibility and liabilities as Group 'A' Cadre Officer. But it is called placement and the benefit of one increment in V CPC/ 3% increment in VICPC is not being given on the point that they are already in the higher Scale of Pay/ Grade Pay.
In RPF- Railway Protection Force, under departmental quota, Inspector-Group 'C' Cadre Post, is promoted to the rank of Asst. Security commissioner, RPF, Group ‘A’ Cadre Post, is not given any increment and is working in the same Scale of Pay and in the same Grade Pay/i.e. Rs.5400/- even though it is treated as promotion and holding higher responsibility and liabilities as Group 'A' Cadre Officer. But it is called placement and the benefit of one increment in V CPC/ 3% increment in VICPC is not being given on the point that they are already in the higher Scale of Pay/ Grade Pay.
In
view of the above recent Order of the GOI, can I get one increment/ this 3%
increase in my basic pay from the date of promotion- I got promotion as ASC-
Group 'A' Post in June, 2002 /in V CPC time and retired in August, 2006 as
ASC/Waltair Division, East Coast Railway, after implementation of the VI
CPC . Under old ACP Scheme while working
as Inspector, RPF I was given 24 years benefits under ACP. I was not given any increment or higher scale
of pay or 3%increment in new scale of
pay/grade pay.
I earnestly pray kindly to examine this issue and
sanction one increment as per the above GOI Orders.
I am
submitting this representation immediately on seeing the above Orders, as the
PSA/PPO issuing authorities may take another two years time to finalize my
case.
Submitted for favor of kind Orders please.
Encl: (01): Yours
faithfully,
(V.SESADHRI),
ASC/RPF/Retd. Waltair Division,
E.Co.R. Visakhapatnam.
PPO No.12030080606
Address:
V.Seshadri, ASC/RPF/Retd.,
H.No.24-147/4/2, East Anandbagh,
MALKAJGIRI, Secunderabad-500047.
Copy submitted to:
IG-cum-CSC, RPF, BBS for favor of infn. &N/A pl.
Sr.DSC/RPF/Waltair Division, E.Co.R., Visakhapatnam. For
favor of infn.&N/A pl.
(A):
Finance Ministry Orders 2013: Fixation of pay on
promotion to a post carrying higher duties and responsibilities but carrying
the same grade pay :
No.10/02/2011.E.III/A
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 7th January, 2013
OFFICE MEMORANDUM
Subject: - Fixation of pay on promotion to a post
carrying higher duties and responsibilities but carrying the same
grade pay.
The undersigned is directed to invite an attention to
the provisions contained in Rule 13 of the CCS(RP) Rules, 2008, which
provides for the method of fixation of pay on promotion on or after
1.1.2006 in case. Inter-alia, of promotion from one grade pay to another.
The Rule provides for fixation of pay by way of addition of one increment
equal to 3% of the sum of the pay in the pay band and the existing grade
pay (rounded off to the next multiple of 10) to the existing pay in the
pay band and then fixing the pay in the promotional post as per
the procedure prescribed therein.
2. In terms of this Ministry’s OM No. 169/2/2000-IC
dated 24.11.2000, dealing with the situation whereby both the
feeder and the promotional grades were placed in the
identical revised pay scales based on the recommendations of the
5th Central Pay Commission, it was provided, inter-alia, that only in
cases where it was not found feasible to appropriately restructure cadres
in question on functional, operational and administrative considerations,
extension of the benefit of fixation of pay under FR 22(I)(a)(1) could be
considered on the merits of each case, provided all the conditions precedent
for the grant of this benefit were fully satisfied and promotion
to the post in question actually involved assumption of
higher responsibilities.
3. In view of the provisions which existed prior to
1.12006., the matter has been considered and the President is pleased to
decide that in cases of promotion from one post to another where the
promotional post carries the same Grade Pay as the feeder post, the
fixation of pay in such cases will be done in the manner as prescribed in
Rule 13(i) of the CCS(RP) Rules, 2008, provided fixation of pay in such
cases was done prior to 1.1.2006 in terms of this Ministry’s aforesaid OM
No.169/2/2000-IC dated 24 11.2000.
4. In so far as the persons serving the Indian Audit
and Account Department are concerned, these orders are issued in consultation
with the Comptroller & Auditor General of India.
5. The Hindi version of this OM will follow.
sd/-
(Amar Nath Singh)
Deputy Secretary to the Government of India
Source:www.finmin.nic.in-[http://finmin.nic.in/the_ministry/dept_expenditure/notification/misc/PayFix_promotion_07012013.pdf]
(B):
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
S.No. PC-VI/309
No. PC-V/2004/ACP/1
RBE No.01/2013
New Delhi, dated 14.01.2013
The General Managers,
All Indian Railways & Production Units
(As per mailing list)
Subject- Assured Career Progression Scheme (ACPS)
for the Railway Employees -regarding.
Please refer to Board’s letter No. PC.V/99/I/1/1, dated
01-10-1999 on the above subject. Para-8 of the Annexure-1 of Board’s above
cited letter dt. 01-10-1999 provided as under.
“8. The financial upgradation under the ACP Scheme shall
be purely personal to the employee and shall have no relevance to his/her
seniority position. As such, there shall be no additional financial upgradation
for the senior employee on the ground that the junior employee in the grade has
got higher pay-scale under the ACP Scheme."
2. The ACP Scheme was applicable upto 31-08-2008 and was
replaced by the Modified Career Progression Scheme (MACPS) with effect from
01.09.2008. As the revised pay scales are applicable w.e.f. 1.1.2006 , those
employees who received ACP between 01-01-2006 to 31-08-2008 got financial
upgradation under ACP Scheme in the revised pay scales.
3. Instances of senior employees who got benefit under
ACP Scheme prior to 01-01-2006 and are drawing less pay than their juniors who
got benefits under ACP Scheme after 1.1.2006 (i.e. between 01-01-2006 and
31-08-2008) have been considered in consultation ‘with DoP&T and it has
been decided to allow stepping up of pay in such case where the senior, but for
the pay revision on account of 6th CPC, would have continued to draw higher pa(y)r,
subject to the following conditions:
i. Both the junior and the senior Railway servants should
belong to the same cadre and the posts in which they have been
promoted/financially upgraded should be identical in the same cadre.
ii. The pre-revised scale of pay and the revised grade pay
of the lower and higher posts in which they are entitled to draw pay should
be identical
iii. The senior Railway servant should have been drawing
equal or more pay than the junior before receiving ACP/Promotion.
iv. The stipulations as contained In DOPT’s O.M
.No,4/7/92-EStt.(Pay-1) dated 04-11-1993 circulated vide Board’s letter
No.F(E)-II/94/PAI/2 dated 07-12-1994 (RBE No.108/94) along with revision of pay
scales may be observed while granting such a stepping up of pay.
4. This issues with the concurrence of the Finance
Directorate of the Ministry of Railways.
5. Hindi version is enclosed.
(DoP&T’s
OM No.35034/1/97-EStt.(D), dt. 4th October, 2012)
sd/-
(N.P.Singh),Dy. Director, Pay Commission-V,Railway Board
(C):
NOTE:
1). OTHER MATTERS ENCLOSED CONCERN TO ACP- YOU GOT IN 1999; WHILE YOUR JUNIOR WHO
WAS/IS IN SERVICE AS ON 01-01-2006 GOT HIS PAY FISED IN VICPC PAY SCLES AND
GRADE PAY, AND ON COMPLETION OF 30 YEARS OF SERVICE IN OLD ACPS,SAY BETWEEN
01-01-2006 TO 31-8-2008,HE HAD COMPLETED 30 YEARS OF SERVICE, AS SUCH, HE SHALL
BE ELIGIBLE FOR HIGHER PAY/GRADE PAY IN VI CPC PAY BAND/GP; KINDLY VERIFY THIS
ISSUE AS PER LTR. ABOVE:
2). Likewise in the grant of ACP old, you get scale of
pay, perks etc., without status, designation, etc. But subsequently, you are
promoted to next higher post, say from IPF to ASC, but here, you are not given any
higher pay fixation/increment on account of your assuming higher
responsibility, higher post, etc., but you continued in the same pay
scale/grade pay.
Now, fresh Orders on this have to come out. Please
examine with your experts, and to give representations by all the eligible
persons…..
3). For further clarity, you can go through…Railway Board
Letters, viz..:
PC-V/2009/ACP-2 dated 10-6-2009—RBE No.101/2009;
………………..do……… . 29-9-2010---RBE No.143/2010;
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