The Honorable Supreme Courts' Judgment Order dated 02-5-2011, in SLP-Appeal (Civil) in W P No.14263 of 2004 in the Honorable High Court of Delhi envisaged - to effect promotion from the date of eligibility and to extend this facility to all who are in similarly placed situation and to give similar treatment, even though they are not the Petitioners.

8). As per RPF Rules, 1987, the Director General, Railway Protection Force, under his administrative powers has to exercise his Power and authority to constitute DPCs, preferably in the beginning of each year. But, for the reasons not known, the DPCs were not held in time schedule and as per the directions given by the DoP&T even from 1990s, for selections to the rank of ASC and above and not maintained an up to date gradation list and dossiers of confidential reports of such officers (Rule-27.2(b) of the RPF Rules, 1987). These Rules are made under section 21 of the RPF ACT, 1957 and came in to force vide G.S.R. 951 (E) dated 03-12-1987. Inaction on the part of the DG/RPF clearly indicates of violation of FR and the Constitutional Rights guaranteed under Article 309 of the Constitution of India.

9). Rules framed and implemented shall have the effect of Law under Articles-14, 16, 235 and 309, unless and until it is duly amended; it is binding on the government and its action in matters covered by the Rules must be regulated by the Rules; thus violation of such Rules without amendments may attract action under provisions penal laws. Thus, the RPF Rules, 1987, and the RPF (…Gazetted Officers- Recruitment, and Promotion) Rule, 1994 shall have the effect of Law and violation of these Rules tantamounts to violation of the Law of the Land.

10). Suffice to mention the following quotable quotes of ‘The Honorable Supreme Courts' Judgment on 17-12-1982 in Nakara Case in 1982’- the mental agony and suffering of the Petitioner while in service and also after retirement, when the Respondents have suppressed the Law, the Rules and the Orders of the Union of India and given weightage to other juniors in place of the Petitioner by regularizing and then promoting to higher rank as DSC in the RPF. 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)--

 “…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.

 11).

In 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; The promotion from the rank of Sub-Inspector, RPF to the post of Inspector, RPF is by selection and though the selection from the rank of inspector-grade-ii to the rank of inspector-grade-i is non-selection post , in this case , the petitioner’s non-selection to higher Grade by the Respondents/ IG-cum-CSC, South Central Railway and by dropping his name from the select list by showing personal factors itself shows as to how the Respondents and /or the administration at the Railway Board, the DG,RPF can take advantage of their Power and Authority in suppressing the legitimate right and privileges of the Petitioners. The petitioner got not only the promotion but also all consequential and pensionary benefits but for the Honorourable High Court’s Judgment/Order.