To                                                                      Date: 24-12-2012

Hon’ble Minister of Railways,

Rail Mantralaya, Railway Board,

Rail Bhavan, New Delhi-110001.

Honored Sir,

Sub:  Representation from- V.Seshadri, Asst. Security Commissioner, Group ‘A’ Cadre Post, RPF, Retired- - Senior’s names dropped from DPCs Panel Lists of 2001 to 2009- promotion of  Inspectors/ASCs’ ad hoc - juniors given promotion in their places as Commandants/DSCs in RPF- GOI/DoP&T OMs ignored pray intervention and render justice and to remove disparity and anomaly-reg.

Ref: 1) DoP&T.O.M.No.22011/4/98-ESTT. (D), Dated 12-10-1998; (2) MOR No. Reg. No: MORLY/E/2012/03392 dated 31-5-2012; (3) Hon’ble President of India’s Secretariat No. PRESEC/E/2011/10472 sent to Hon’ble MOR vide No.P1/D/1407110087 dated 14-7-2011 ;( 4) PMO’s Dy.Ref.No. 2475/VIP/MOS (PP)/12 dated 27-9-2012.

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This is in continuation to my earlier representations/letters/on line submissions/emails lodged earlier for rendering justice to the seniors duly adhering to the Dept. of Personnel and Training, Office Memorandum No. 22011/4/98-ESTT. (D), dated 12-10-1998. But the Railway Board or the DG, RPF, New Delhi has not sent any replies or even acknowledgement so far. The DoP&PW, New Delhi also forwarded my representations to the Railway Board for further action, more than 15 letters. The representations, submitted to Railway Board, DG, RPF and others are enclosed hereunder for kind perusal; pray intervention and render justice in the matter.

In accordance with the above DoP&T Orders when the administration, here, the Railway Board in the case of RPF promotions to the post of Group ‘A’ Cadre- ASCs fail to conduct the  DPCs in time schedule on administrative reasons and held the DPCs in later years, the DPCs while preparing relevant year –zone of consideration /Panel Lists to fill up the vacancy for such particular year, they should invariably consider the names of the retired officials also and include their names in the Panel(s) Lists, against year –wise vacancy for the posts of ASCs/RPF. The DPC(s), if need be, prepare extended panel(s) following the principles prescribed in the  DoP&T, OM No. 22011/8/87- Estt.(D) dated April, 1996.

In contrary to the above Orders of the GOI, DoP&T, the Railway Board, the DG, RPF, New Delhi, held the DPCs for filling up of vacancies for the years from 2001 to 2009 only during the years from 2009 to 2011 and prepared the select Panel Lists of ASCs duly filling the vacancies by juniors tome for the years from 2001 to 2009. 

The DPCs suppressed the actual meaning by misinterpretation, misdirection, defrauded and in the other way cheated the seniors by dropping their names from Panel lists, succeeded in getting approval of juniors names inducted in the Panels even up to the Honorable President’s Secretariat, through UPSC, and stage-managed for the last three decades and issued the above Orders.

 It is construed that they wantonly dropped the names of the seniors who were in service on the above years and were actually holding and working as ASCs ad hoc against clear and existing vacant posts. The DPCs prepared their own Panel Lists for 2001 to 2009 by promoting the juniors in our place and again promoted them to the rank of DSCs, higher grade promotion in our place by ignoring OM cited herein.

The above issue of holding the DPCs in time schedule was also not followed even in the case of the Honorable High Court of Delhi Judgment Order dated 07-02-2006 passed in W.P.(C) 12612 to 12615 of 2004, wherein the Honorable High Court having satisfied about the RPF( G.Os.) Recruitment Rules,1994 stands amended by a ‘Notification’ duly amending the Rules in 2006 permitting inclusion non-graduates working on the post of ASCs (AD HOC) for availing of the benefits of 1994 Rules and thus DIRECTED the Respondents-UOI and others “.. That a Review DPC be held as per the aforesaid 2006 and 1994 Rules not later than, on or before 15^th April, 2006, and that in case the Petitioners are cleared by the Review DPC, they will be given consequential benefits…”

Had the DPC was held in time schedule by honoring the Honorable High Court of Delhi’s Order on or before 15-4-2006 and filled the vacancies of the ASCs posts held by the ad hoc ASCs for the years from 2001 to 2006 , even by inclusion of non-graduates in the DPC Panel list. My name would have been included amongst them and I too would have retired as DSC, RPF in higher grade pay and got financial pensionary benefit as like my juniors.

But, for the reasons best known to the Railway Board, DG, RPF, no DPC was held as per above Honorable High Court Orders in the year 2006. I have retired from service on 31-8-2006 after serving as ASC ad hoc from 2002 to 2006 and eligible for higher grade promotion as DSC immediately on completion of three years of continuous service as ASC without any break in service and holding post as ASC in a clear and existing post as that of direct ASCs who are promoted as DSCs immediately on completion of three years of service as ASCs.

It is not known whether the GOI, Railway Board brought out the facts to the notice of the Honorable High Court of Delhi about not holding the DPC as per its Orders by 15^th April,2006 and /or got time extension, etc or otherwise this may even tantamount for contempt of Court Orders.

 But, in contrary, after 2006, 12 DPCs were held and more than 110 Officers/AD HOC ASCs were regularized and later promoted to the rank of DSCs in the higher grade of pay who are juniors to me by filling up the vacancies for the years from 2001 to 2009.

Had the DPCs held in time schedule I too would have got higher grade pay as that of junior and got pensionary benefits at par with my juniors in the grade pay of DSC, RPF?

Based on the seniority list of Inspectors, RPF over Indian Railways as maintained by the Railway Board vide Notification No.2004/Sec (E)/SR-2/4 dated 28-02-2005, out of 344 names, my name stands at serial number-92 (Inspector from 1983/Grade-I from 1991, and as ASC- ad hoc from 2002).

Gist of the Railway Board ”Notifications” and details of the DPCs held for the years from 2007-2011 to fill up vacancy posts of ASCs falling in the years from 2001 to 2006 are shown in the attached statement.

       

Thus, barring 2004 DPC Panel List wherein 34 ASCs ad hoc were regularized, for the vacancy posts - years from 1998 to 2002, others, more than 60 ASCs ad hoc regularized for filling up of vacancies for the years from 2002 to 2006 are my juniors.

For this, 12 DPCs were held and filled up posts of ASCs vacancies for the years from 1998 to 2006, duly dropping my name, by violating the OMs of the DoP&T dated 12-10-1998, and others conditions stipulated for holding regular and year wise DPCs, thus injustice done to me, and juniors given promotion and got higher pay/grade pay and pension than me.

Yet in another Seniority list of Inspectors circulated vide ‘Notification No.2006-Sec (E)/PM-2/14 dated 04-8-2006, my name stands at serial number 101 in the List, while the names of my juniors like, S/Sri.K.Laxma Nayak (Sr.No.113), K.V.Babu (143), K.J.Joy (170), and a score of others (more than 60) have been promoted to the rank of DSC duly sidelining the senior’s names like me.

By this injustice, and disparity shown by the Railway Board and existing ANOMALY, THE JUNIORS in the RPF are given the benefit of higher Scales of Pay and Grade Pay, promoted as DSCs, and also the Pensionary benefits and the SENIORS ARE DENIED OF EQUAL PAY / PENSION even in EQUAL RANK in the same department-RPF. It can be safely mentioned  herein that the direct ASCs from UPSC have nothing to do with this type of DPCs, as they get their immediate promotion as DSCs just on completion of three years of service as ASCs, while the FATE of ASCs departmental is otherwise written by the Railway Board.

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……”

Under the circumstances, I humbly pray your Honor for kind intervention on the matter and do justice to the senior citizens and RPF pensioners for which act of kindness we shall ever be grateful.

Yours faithfully,

(V.SESHADRI)

ASC/RPF/RETD