In the words of the Lords of the Justice brought on
record in the Judgment/Order:
“…:… ‘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 Honorable Supreme Courts' 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].
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(A):
I: Some important aspects that may be perused and
recorded for consideration of the grievance pertaining to the 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: Reference – Representation-Case /grievance pending –
Sri.V.Seshadri, ASC/RPF/Retired from East Coast Railway.
As per Department of Personnel &Training Office
Memorandum. No.22011/4/98-ESTT. (D), Dated 12-10-1998, the Departmental
Promotion Committees , held in later years have to include the names of the
retired employees also in the panel lists against the year wise vacancies even'
by preparing extended panels. But, ironically, it was misinterpreted otherwise
and our names dropped from the panel lists on the ground that we retired on the
date year of DPC when panel lists prepared and juniors given promotions in our
place by the DPCs, approved by the Railway Board and the DG, RPF whereby our names
have been dropped wantonly from the panel lists for the vacancy position on the
years when the regularization and promotions were made effective from the date
of vacancy and the ASCs were regularized from the date of their promotion and
given promotion as DSCs/Commandants .
DG, RPF discriminated his power and authority
wantonly by dropping the names of the ad hoc ASCs who were in service when the DPCs
considered the names of the ad hoc ASCs for the vacancies to be filled up for
the said year(s) which were falling vacant and purposefully dropped the names
of the eligible ad hoc ASCs on the plea that they were ceased to be in service
on the date when the DPC’s Orders made effective and thus violated U.O.I’s Orders
contained in the OMs No.22011/4/98-Estt.(D) dated 12-10-1998,etc, of the
DoP&T.
In the RPF Department, the appointment of the
Superior Officers has been streamlined by the RPF Act,1957 and the RPF(Superior
Officers) Recruitment Rules, 1974-amended in 1981;1994;and in 2996, in short as RPF(GOs) Rules, regulating the
mode of recruitment of superior officers.
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