To                                                                Date: 29-4-2013.

                                                                    // MORLY REF.CASE//

The Inspector General-cum-CSC, RPF,

Railway Protection Force,

East Coast Railway,

Chandra Sekharapur,

BUBANESWAR- ODISHA.

Honored Sir,

Sub: Representation/grievance pending – Sri.V.Seshadri, ASC/RPF/Retired from East Coast Railway- revision of the seniority list of the Inspectors, RPF, ad hoc ASCs regularization, and further proforma-promotion to the rank of DSCs at par with their juniors to have pensionary benefits-reg.

Ref: (1).IG & CSC, E.Co.R. BBS Letters No. RPF/ECoR/E/08-03/ 1865 dated   17-4-13 & 491 of 28-01-13; (2). Letter No. RPF/ECoR/E/08-03/1932 dated 22-4-13; (3).1793 dated        12-4-13; (4) 1219 dated 06-3-13;

(5).Dy. Secy. (PG), East Coast Rly. BBS, ltr. No. CPGRMS - Reg. No. DOPPW/P/2013/00201 dated 21-01-2013;(6). DoP&T OM No.22011/4/98-Estt.(D) dated 12-10-1998.

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With reference to the above, I humbly submit that as a retired ASC/RPF from East Coast Railway, I am so happy that the GM and the IG/CSC are still regarding on the retired employees’ problems, and responding to their grievances in right spirit and action.

I sincerely express my gratitude and solidarity to the GM, and to you all, convey our thanks and state that the E.Co.R has taken so much of patience and workmanship in forwarding my grievance to the Railway Board by which alone the grievance case file could be seen by the Honorable the Minister of Railways on 05-03-2013 and passed specific orders authorizing the IG & CSC, E.Co.Rly., to make follow up action on the matter at your end with RB to obtain conclusive reply of the said grievance. The same were communicated to you/E.Co.R, by the RB and on 06-3-13, based on which, you have sent letters to the Director (Estt.)/RPF/NDRB, for which action is yet to be taken by them.

My efforts for the last over 7 years are coming to some positive direction through your platform. Only through the GM and your good selves, the file could be seen by the Honorable MORLY. Now, at this stage, giving up the hopes, shall flatter the entire case and it shall be buried like other cases by the DG, RPF Directorate once for all.

Kindly go through the attached papers for details of my/RPF pensioners/Family pensioners – more than 200- ad hoc ASCs’ case fate-suffering/suffered since around 2000 and the Honorable HCs/SCs judgments/Orders not implemented for us; and that the DPCs held by all means are for some other’s profit and gain formulae, compressed and confined ad hoc ASCs as such till their retirement and even after retirement the RB, the DG,RPF with no consideration of sympathy, not followed by disowning and disallowed the DoP&T Orders/OMs as thrash to the RPF ad hoc ASCs at least to give pensionary benefits at par with their juniors by including the names in the extended panels as envisaged in the DOP&T Orders.

                   

FURTHER at least to know of the legitimate case and how it was encumbranced by vested interests to hush up all the retired ad hoc ASCs since 2000 and bring forward the juniors in our places as DSCs kindly read with patience. Just to give YOU an example, the batch of direct ASCs of 2000,trained in 2002, are now Dys/DIGs and above and the departmental ASCs regularized in our places are working/retired as DSCs and above with all pensionary benefits, where as we the Inspectors of 1983/Grade –I- Inspector of 1991; ASC from 2002 retired as ASCs only.

My juniors for the vacancies of 2004-2006 got regularized and promoted as DSCs in the DPC’s Panels announced after 2007, on whose fault I was punished? In 2007, DPCs were held and more than 100 ad hoc ASCs -- my other juniors got regularized and promoted to the rank of DSCs.

Had the Railway Board, implemented the Judgment/Order dated 07-02-2006 of the Honorable High Court of Delhi in WP (C) 12612 to 12615 of 2004, in time, on or before 15-4-2006, my name would have been listed in the Panel List for the vacancy period of 2002-2006 by the DPC, and I too could have retired as DSC, like my juniors and got my legitimate Pensionary benefits in 2007 itself. Under the circumstances enumerated supra, I humbly pray your Honor for kind intervention on the matter and do justice to the senior citizens and RPF pensioners/may be some of them Family pensioners , including views for a letter of Petition, for which act of kindness we shall ever be grateful.

            

In the circumstances stated above, may I humbly submit for your kind consideration, to send letters to the DG,RPF with a copy to the Director(Estt.),RPF,NDRB, in regular intervals, as reminder, by which action, the rest of the matters shall pave its way to the right direction and positive results as it is a reference case from the HON’BLE MORLY  and its disposal rests with the RB and the DG,RPF and rest of the liability, responsibility etc., lie with them/the RB, the DG,RPF and not on the IG of E.Co.Rly., as the Hon’ble the President’s Secretariat, the PMO’s Office, the MOSR(PP), and scores of references from the DoP&PW are piled up at the office of the RB, DG,RPF, NDRB on this issue ,and for any one of them no reply/not even an acknowledgement sent by them so far.

 However, I positively expect that on one or the other day this genuine grievance has to be disposed of by them as in most of the Hon’ble Supreme Court and other Hon’ble High Courts have already pronounced Judgments/Orders to the effect that—…All decisions of this type should be treated as judgments in rem and be applied to the persons similarly circumstanced..’’ that “…the other employees identically placed would have been given the same benefits…”; and so on as observed by the Apex Court.

 Gist of such citations is given herein as attachment. Kindly go through the same without discarding!

          

 Wanton misinterpretation, misdirection and its application on the RPF retired ad ASCs i.e., DoP&PT OM No. No.22011/4/98-Estt.(D) dated 12-10-1998 as applied since 2000 by the DPCs in RPF, by dropping their names from the panel(s) lists by the DPCs and brining the juniors in their places, and the Railway Board/DG, RPF reply vide No. 2007/Sec(E)/RTI/2 , Dated 19/22 Sept/2008 showed the Railway Board, the DG,RPF suppression of the just rights and privileges’, instead they could have been graciously corrected by making out extended panels for the retired ad hoc ASCs - only to get pension benefits at par with their juniors…  instead of…ignoring the same.

 The Honorable Supreme Court of India expressed its displeasure and deplored the continuing attitude against the genuine cause of the public servants in 1991 itself in Yanamandra Guananada Sharma Vs. Union of India and others— 1991 (2) ATJ 123 (Calcutta)— 30-5-1991- ( “…We have noticed that, in spite of several judgments of the Tribunal and confirmation of the said decisions by the Supreme Court, the respondents, the Union of India are sticking to their own views & are not extending the benefits of decided cases to the persons similarly circumstanced until they are constrained to move the Tribunal. In short, the respondents are indirectly fomenting unnecessary litigations and wasting public money, making it prestige issue. This attitude of the respondents is deplorable and we express our deep displeasure over the same. The respondents as model employers are expected to take reasonable attitude and rational view of the whole thing and to act according to settled law of the land instead of bittering the relationship of the master and servant in this manner. We expect in future, respondents (Govt.) will behave rationally as a model employer instead of driving the desperate employee to take to legal recourse. All decisions of this type should be treated as judgments in rem and be applied to the persons similarly circumstanced…”).

 In the circumstances, I humbly pray your good selves to be sympathetic and help me in getting the matter solved.

                    Thanking you all,

              Yours faithfully,

Encl: as above: (   ).                                           

                                                                       (V.SESHADRI).                                                                                               

                                                         

                                                            ASC/RPF/Retd./E.Co.Rly,BBS.

Copy submitted to:

1).The General Manager, East Coast Railway, Chandra Sekharapur, Bhubaneswar, Odisha- for favor of kind information and n/a please;

2). The Director General, Railway Protection Force, Railway Board, Rail Bhavan, New Delhi- for favor of kind information and N/A please;

3). The Inspector General(Admn.), RPF, and the Appellate Authority-88, Railway Board, New Delhi, w.r.t. ltrs.No.2012/Sec(E)/RTI-260/ dtd.05-3-13; and 243 dtd.06-3-13-ID Nos.29371&29387- for favor of kind information and n/a please;

4) The Director (Estt.)/RPF, Sri. Anand Vijay Jha, Railway Board, Rail Bhavan, New Delhi- for favor of kind information and N/A please

                                                               

                                                             (V.SESHADRI).   

                                                                                                     

                                                    ASC/RPF/Retd./E.Co.Rly,BBS.