Sub: Grievance-Representation to remove Anomaly and Injustice done to ‘seniors’- names dropped from ‘ASC’s Panel Lists for the years 2002 to 2006’-and juniors included in declaring the ASCs-Panels for the year’s 2002 to 2006-REGULARISATION- in Ministry of Railways/RPF- Inspectors ( i.e. ADHOC Asst. Security Commissioners/RPF) -to make them fit for further promotion to DSC/RPF Rank and for other benefits-Pension and Family Pension on account of Administrative/Estt., -RPF Directorate, Railway Board- Delays for which the seniors have been deprived /financially punished life long in not getting correct Pension/Family Pension at par with that of Juniors—Justice Prayed-Reg.
Ref(1):May, 2009- Ministry of Railways, ‘Notification’ No: dated 04-8-2009- Honourable President of India’s approval and appointment of 42 Inspectors as ASCs/RPF with effect from 18-5-2009,-vis-à-vis release of Panels for the years from 2005 to 2008-regularising ASCs adhoc for promotion to the rank of DSCs/RPF;
(2): May, 2002- Ministry of Railways ’Order’ No: 2001/Sec (E)/PM-2/1 dated 22-5-2002-Promotion of Inspectors to the rank of Asst. Security Commissioners/RPF on ADHOC BASIS- My promotion from Inspector Rank as ASC/RPF;
(3) Aug, 2009- Ministry of Railways ’Notification’ No: 2006-Sec (E)/PM-2/14 dated 04-8-2006-consolidated list of ASCs (adhoc)/RPF for regularization/confirmation;
(4) & (5): Dec, 1998- Ministry of Railways ’Notification’ No: E (NG) 11-81/BG/1/1 dated 01-4-1981 and E (NG) 1-94/PM-1/10 dated 09-12-1998- when ADHOC promotions can be made;
(6)& (7): June, 2004- UPSC ‘Notification’ ‘Order’ No: ½(6)/2002/AP-4 dated 04-6-2004 and DOPC, O M No: AB14017/2/97-Estt (RP) dated 25-5-1998- to review recruitment Rules- to hold DPCs, etc;
(8) 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;
(9):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;
(10):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;
(11) & (12): 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;
(13): 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/RPF-seniority from 2000;
(14): 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;
(15): WP(C) Nos: 12612 to 12615 of 2004- dated 07-02-2006 of the Honourable High Court of Delhi ‘Judgment /Order’ dated 13-9-2205,-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 ion 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.
(16):Jan,2008-Ministry of Railways/Railway Board/Lr.No:RTI Cell/2007/1448 dated 18-01-2008 and RPF Lr.No:2007/Sec(E)/RTI-2 dated 16-01-2008 some of the ASCs promoted to the rank of DSCs without completion of five years regular service-with three years service plus-promoted as DSCs only on ADHOC BASIS-Admn.,may promote the officers on adhoc basis before completion of eligibility period in Administrative interest.
<><><><><>
1. I have served the Ministry of Railways/Railway Protection Force-Armed Force of the Union- from 1970 to Aug, 2006 and retired on 31-82006 on superannuation as ASC (ADHOC). I have joined the Railways/RPF as direct SI, got promotion as Inspector in 1984, promoted and appointed to Group ’A’ Cadre Post as Asst. Security Commissioner/RPF in May, 2002, worked as such continuously up to Aug, 2006 and retired, without regularization and promotion to the rank of DSC as was done to my juniors, but for the delaying methods adopted by the Administration. My name stands in the consolidated list of promote-ASCs working on adhoc basis since 2002,Notification for regularization circulated in April,2006, DPC held and Panel names made out for the years 2005 to 2008,but announced in 2009.In 2005 and 2006 Panel Lists, my name dropped on the plea that I have retired from service in Aug, 2006. But all my juniors/ADHOC ASCs services have been counted from the date of their adhoc promotion for all purposes /for promotion to the rank of DSCs/RPF. Had my name included in the DPC list dated 18th May, 2009, but for the administrative delay my name omitted and dropped from the Panel list of 2005 and 2006.
2. The Honourable High Court of Delhi had given very clear and ‘Specific Directions/Orders’ to the RPF/Railway Board- in WP(C) Nos: 12612 to 12615 of 2004- vide ‘Final Order’ dated 07-02-2006 to conduct DPC and finalize the lists not later than-on or before 15-4-2006 – the same not done-ignored, DPC held /Panel names declared in Aug, 2009;
3. Honourable President approval and appointment of Inspectors/i.e. ADHOC- ASCs/RPF Panel Lists was made in May,2009 as regular ASCs/RPF, and promotion to the rank of DSCs were taken effect to all the ASCs (adhoc)who have completed three years of service as ASCs.
4. The delay by the RPF/Railway Board in conducting and finalizing the Panel Lists for the years 2005 to 2008 had not been done (by April,2006) as per Honourable Delhi High Court Orders. Instead, DPC was formulated after three years of Honourable Court Orders.
5. By this, the delay caused by RPF/Railway Board has paved the way and become the cause for my not getting regularization in time/in April, 2006 itself, while I was in service and not getting promotion to the rank of DSC/RPF in Panel Lists of 2005/06 itself before my retirement, there by my Pension benefits denied and deprived of Fundamental Rights, natural justice denied-Juniors benefited, since their seniors names omitted and dropped from the Panel lists by DPC.
6. The reason is nothing but the ‘as usual delay of the RPF Directorate/Railway Board ‘in not holding regular, yearly DPCs on Admn. /Esst., reasons, there by suppressed, the UPSC/DOPC/other Railway’s Esstt., and RPF Rules; and also not implemented and not honoured the Honourable Supreme Court and that of different State’s High Courts ‘Judgments/Orders’ in holding regular and yearly DPCs- ADHOC-ASCs/RPF for regularization, etc, delivered in various writ petitions on this matter, like-in W.P.No:4722/1985&W.P.No:15143/1990 of Honourable High Court of Andhra Pradesh; W.P.No:6631/2002 of Honourable High Court of Madras ; WP(C)Nos: 12612 to 12615 of 2004-‘Final Order’ dated 07-02-2006 of the Honourable High Court of Delhi .
7. The method for holding the DPCs every year and regularization of ASCs-Adhoc was not done for departmental Inspectors /i.e., adhoc ASCs, the reason in delaying tactics of the RPF/Railway Board can be best judged as seen from the above and that the direct ASCs are now holding the posts of DIG/RPF ranks, but for the timely action of the RPF/Railway Board in holding DPCs for their promotion from ASCs to DSCs, or else they too could have been the sufferers like that of the departmental ADHOC ASCs/RPF; all the promotion and Pensioners’/Family Pension , financial benefits have been lost forever.
8. Vide 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- it was informed that UPSC had not conducted any selection for ASCs/RPF- direct recruitment for the years from 2001 to 2005 on account of Court cases, etc.
9. However, the direct recruit ASCs of 2000, were given training in 2002-03(delayed) and postings were ordered to them vide Ministry of Railways ’Notification/Order’ No: 2003/Sec-9(E)/TR-2/4 dated 28-8-2003 duly retaining their seniority from 2000 for all purposes, which was counted for regularization as ASCs and next promotion to the rank of DSCs/RPF immediately after completion of three years of service as ASCs.
10. (A): These ‘ORDERS’ for direct recruit ASCs are found to be ‘in line and spirit’ implementation by the Admn. /RPF of the Honourable H.C. of A.P. Judgment/Order in W.P.No:15143/1990 dated 26-3-1998. Delay in training, etc, was condoned duly making everything retrospective for direct ASCs.
(B): Further, while the Inspectors Group 'C of RPF have been promoted to the rank of Assistant Security Commissioner (ASC) Group 'A' on ad-hoc basis even against regular vacancies. DPC has not been convened every year and their period of continuous service as ASC has not been regularized from the date of occurrence of regular vacancies. Thus, they have been denied level-playing field vis-a-vis directly recruited ASCs. For the past 20 years only two DPCs have been convened for promoting the Inspectors Group 'C to the rank of ASC Group 'A' and regularizing the ad-hoc ASCs Group 'A'. The afore-mentioned two belated DPCs have had considered the dead and retired ad-hoc ASCs in a lot for regularization without giving any benefit to them or their nominees and thereby caused severe damage to the avenues of promotion of the rest of serving Inspectors in particular and other non-gazetted members of the Force in general. By not promoting the Inspector Group 'C to the rank of ASC Group 'A' on regular basis and by not regularizing the ad-hoc ASCs from the date of occurrence of regular vacancies, they have been restrained from being eligible for promotion to the next higher rank of Divisional Security Commissioner (DSC) & above and their legitimate right of promotion has been marred and in their place directly recruited ASCs Group 'A' even without completing the qualifying service of 5 years, have unduly been promoted to the rank of DSC and above. This has resulted in serious stagnation and frustration down the line in the non-gazetted ranks of RPF which needs to be appropriately addressed. (Source-Suggestion by All India RPF Association, submitted to VIth Pay Commission);
11. In the above case the Admn./RPF had given Orders for restoration of seniority at par with Petitioner’s Junior and retrospective promotion even after retirement from Inspector to ASC/RPF-Group ’A’ Cadre Post/ rank with all consequential benefits, and Pension arrears;
12. Like wise in W.P.No:4722/1985 of Honourable High Court of Andhra Pradesh-‘Judgment-Order’-was given in favour of the Petitioner–his seniority and further promotions from SI to Inspector, and promotion to ASC/RPF was made with retrospective effect at par with his Junior with restoration of seniority and retrospective promotion from SI to ASC/RPF rank with all consequential benefit, and Pension benefits. (Cause- On Administrative Delays);
13. Under the above circumstances, cited supra, it is prayed that the seniority and eligibility criteria of ADHOC ASCs be made retrospective from the date of their adhoc promotion as was done and implemented for the directly recruited ASCs, duly revising the Panels of 2005 and 2006 and to include my name in 2005/2006 Panel List, by applying next below rule and bringing my name above to my junior ASC/RPF(regularized), and to give promotion as DSC as I have also completed more than three years of service like that of directly recruited ASCs of 2000, trained in 2002/03 and promoted as DSCs immediately after completion of three years service as ASCs.
14. Justice may be rendered to me also. Justice denied is Justice denied and Delay of the Administration/Railway Board/RPF should not defeat the Equity and the Constitutional Fundamental Rights of the Seniors’ status and Pay to be protected and safeguarded by the Law of the Land/the Rules, the Directives, the Notifications, the Orders of the Administration and the Judgments/Orders of the Honourable Supreme Court and that the various High Courts of the States;
15. All these be Honoured duly rectifying the mistakes done and the Rights and Privileges of the Senior Citizens served as employees of the State for 3-4 decades be brought at par with that of their Junior employee who got the chance of regularization as ASC and promoted as DSC but for the administrative action in excluding and dropping their seniors from the Panels on one or the other account.
No comments:
Post a Comment