User:V. SESHADRI/sandbox

PATHETIC CONDITIONS IN THE RAILWAY PROTECTION FORCE IN THE MATTER OF HOLDING OF TIME SCHEDULEED DPCs- DEPARTMENTAL PROMOTION COMMITTEES- CONTINUANCE OF ADHOC GROUP ‘A’ CADRE POST SUPERIOR OFFICERS PROMOTED AND APPOINTED AS ASCs ( DEPARTMENTAL QUOTA) FOR MORE THAN THREE YEARS WITHOUT REGULARISATION FOR NEXT HIGHER RANK PROMOTION AS DSC-SA GRADE-WHILE THE DIRECT RECRUIT APPOINTED FROM UPSC – AS ASCs ARE GIVEN NEXT HIGHER RANK PROMOTION ON COMPLETION OF THREE YEARS OF SERVICE AND BY ABOUT 10-15 YEARS TIME THEY ARE ELEVATED TO THE RANK OF DIG/IG,RPF WHILE THE DEPARTMENTAL ASCs ARE MADE TO STAGNATE AS ADHOC ASCs AND RETIRE AS ASCs-''' PATHETIC CONDITIONS IN THE RAILWAY PROTECTION FORCE IN THE MATTER OF HOLDING OF TIME SCHEDULEED DPCs- DEPARTMENTAL PROMOTION COMMITTEES- CONTINUANCE OF ADHOC GROUP ‘A’ CADRE POST SUPERIOR OFFICERS PROMOTED AND APPOINTED AS ASCs ( DEPARTMENTAL QUOTA) FOR MORE THAN THREE YEARS WITHOUT REGULARISATION FOR NEXT HIGHER RANK PROMOTION AS DSC-SA GRADE-WHILE THE DIRECT RECRUIT APPOINTED FROM UPSC – AS ASCs ARE GIVEN NEXT HIGHER RANK PROMOTION ON COMPLETION OF THREE YEARS OF SERVICE AND BY ABOUT 10-15 YEARS TIME THEY ARE ELEVATED TO THE RANK OF DIG/IG,RPF WHILE THE DEPARTMENTAL ASCs ARE MADE TO STAGNATE AS ADHOC ASCs AND RETIRE AS ASCs- BY: SESHADRIVIKRALA, ASC, RPF RETIRED, B.Sc;LL.M., PG.DIP.CRl.Laws, PG DIP.IRPM, ADVOCATE, AND PRESIDENT RPF PENSIONER'S WELFARE ASSOCIATION, SOUTH CENTRAL RAILWAY SECUNDERABAD (SINCE2011)...

REGARDING NOT CONDUCTING OF DPCs in time SCHEDULE... A point of view ... PROJECTED IN the MEETING OF NCJCM...STAFF SIDE VIS-A-VIS...Railway Board RPF...DISHONOURING APEX COURT ORDERS JUDICIAL PRECEDENTS RULES LAW.. Suggestions and Proposals-Reg. There are two types of appointments in the Railway Protection Force for Group ‘A’ Cadre Posts- Junior Administration Scale. Of which, 50 % of quota from direct UPSC and the remaining from departmental Inspectors as per seniority subject to rejection, etc.

Directly recruited ASCs are promoted to the next higher rank as DSCs after completion of three years of service, while the departmental ASCs are put on hold as ASCs adhoc for several years and not considered for promotion on the ground that they are not regularised through DPCs and hence not eligible for DSCs posts... They are forced to retire as adhoc ASCs without promotion. In the meantime, as and when the Railway Board RPF think it fit, proper at their ease, hold DPCs where the previous year’s vacancies are clubbed and the juniors are placed in the vacancy posts of ASCs of earlier years duly dropping the names of the adhoc ASCs on the plea that they are since retired, not eligible for actual promotion. The juniors thus are given berths in places of their senior by this type of belated DPCs by the Railway Board RPF. As retired ASC, myself and others claimed for deemed promotion/ proforma/notional as DSC at par with the juniors only to have fixation of pension benefits at par with juniors as per seniority before superannuation. But the same has been rejected. Our efforts made through AIRRF and other sources failed. The Railway Board RPF have also outrightly rejected the Railway Board Rules- IREM-Para-228; Honourable Supreme Court of India Judicial Precedents- Judgment Orders on the issue of effecting deemed promotion to the retirees without arrears. This pathetic conditions have also been brought to the notice of the Honourable President of India, the PM, the MR, Railway Board, NHRC,CIC and so on. But all my efforts made since ten years failed.

It was also clarified that ... WE HAVE NOT CLAIMED EITHER ACTUAL PROMOTION OR ARREARS THEREOF, BUT CLAIM IS TO GET JUSTICE TO HAVE PENSION FIXATION BENEFITS AT PAR WITH JUNIORS.

IN APRIL 2017, HONOURABLE SUPREME COURT DISMISSED THE SLP FILED BY RAILWAY BOARD RPF VIDE SLP 1663 OF 2013 AND UPHELD HONOURABLE HIGH COURT OF MADRAS... JUDGEMENT Orders, but even on this matter, it seems nothing has been initiated so far...

THEY ( RAILWAY BOARD RPF ON MY REPRESENTATION LETTERS) REFUSED and REJECTED TO IMPLEMENT APEX COURT ORDERS JUDICIAL PRECEDENTS, INCLUDING THE ABOVE CASE STATING THAT I/WE – retired ASCs -- ARE NOT PARTY, PETITIONERS IN THE said WP...

The matter stands otherwise in the cases of the direct UPSC recruits in RPF who join the Force as ASSISTANT SECURITY COMMISSIONER, GROUP A CADRE; THEY ARE GIVEN NEXT HIGHER RANK PROMOTION ON COMPLETION OF THREE YEARS SERVICE AS DIVISIONAL SECURITY COMMISSIONER- SENIOR SCALE, AND THEY ARE ELEVATED TO THE RANKS OF DIG/IG IN COURSE OF 10-15 YEARS TIME; WHILE THE ADHOC ASCs ARE FORCED TO RETIRE WITHOUT REGULARISATION AND PROMOTION, THUS THE DUAL POLICY IS BEING SHOWN IN RPF.

In the next case, the Railway Board, RPF while they reject the claim of retired ASCs for deemed promotion, they bowed down to senior scale retired DSCs to DIGs rank officers, as most of the retired hail from direct recruit and remaining about 10% are promote retired DSCs. THE FAVOURITISM SHOWN IN REGARDS TO RETIRED DSCs TO DIGs, BY GIVING DEEMED PROMOTION ORDERS ,NEXT HIGHER RANK PROMOTION AT PAR WITH JUNIORS BEFORE SUPERANNUATION AS PER SENIORITY TAKING INTO ACCOUNT OF ONE WP CASE... BHUPATHI ALIAS B.MOHAN, SLP DISMISSED IN APEX COURT... OTHER REFERENCE CASES FILED BY RPF OFFICERS, LIKE P.S.RAWAL; H.S.GREWAL.

THE FUNCTIONARIES TACTICAL DEALINGS COME ACROSS SO THAT THE DEPARTMENTAL ASCs ARE MADE TO WORK AS AD HOC ASCS FOR SEVERAL YEARS WITHOUT REGULARISATION THROUGH DPCs, AND MOST OF THEM RETIRE WITHOUT PROMOTION AS DSC...

ANOTHER POINT OF INEQUALITY AND SPECIFIC INTEREST OF RAILWAY BOARD RPF IS ADOPTING IT'S OWN COURSE OF DUAL SETS OF RULES, KEEPING TRACK OF THEIR CHOICE SELECTION ... JUNIOR'S NAMES OF ADHOC ASCs YEAR OF RETIREMENTS AND PREVIOUS YEARS VACANCY POSITIONS, THEY CONDUCT DPCs AT EASE AS PER THEIR CHOICE SELECTION PROCESS OF DATES, DROP THE NAMES OF RETIRED ASCs, GIVE BERTH TO THE JUNIORS IN PLACE OF SENIORS AND GIVE NEXT HIGHER RANK PROMOTION AS DSC...

One specific case of favouritism can be highlighted here. Mr. K.K. Sharma, Inspector is a Non Graduate and he was not eligible to get next higher rank promotion as ASC since the post of ASC is Group A Cadre, Jusnior Admn. Scale and all non graduates names dropped in the year 2001/2002 and other graduate Inspectors were given promotion as ASCs. He filed a WP on this issue. The Railway Board RPF could amend the RPF RPF Rules so as to make the non graduates also to be considered for ASCs departmental quota promotion as per seniority, they submitted the same to the HONOURABLE HIGH COURT OF DELHI IN THE WP CASE OF KK SHARMA; Thereupon, the Honourable HC pronounced Judgment Order in favour of the Petitioner K.K.Sharma and other. THOUGH THE JUDGEMENT ORDER SPECIFICALLY ISSUED TIME SCHEDULE TO CONDUCT DPCs BEFORE APRIL, 2006, THE RAILWAY BOARD RPF TOOK THEIR CHOICE AND CONDUCTED DPCs IN 2008/2009; meanwhile, they gave promotion to K.K.Sharma and other non graduates as adhoc ASC, without DPC.

KK SHARMA, ADHOC ASC was later in a DPC held in 2008/2009 REGULARLISED BY DROOPING ALL HIS SENIOR NON GRADUATES AND OTHER ADHOC ASCs ON THE GUISE THAT THEY RETIRED AND HENCE NAMES DROPPED, KK SHARMA RETIRED AS DIVISIONAL SECURITY COMMISSIONER IN 2014 OR SO, HERE ALSO HIS DOB, YEAR 1950/1953 AS COULD BE SEEN IN THE SENIORITY LIST OF INSPECTORS, regularised ASCs list... ANOTHER GLARING EXAMPLE IS... as per furnished documents, viz: 1) THRASHING ALL THE RULES JUDICIAL ORDERS, AND GUIDELINES ISSUED REGARDING MACPS... INSPECTORS, RPF IN GROUP C POSTS IN 4600/5400 CLASS III UNDER MACPS, WERE GIVEN NEXT HIGHER RANK PROMOTION SCALE LEVEL..SA GRADE DSCs RANK GROUP 'A' WITHOUT EVEN WORKING AS ASC... 2) AD HOC ASCs SERVICE PERIOD HAS BEEN ACCOUNTED UNDER MACPS WITHOUT REVERSION OR REGULARISATION, THEY WERE GIVEN NEXT HIGHER RANK PROMOTION AS DSC..SA GRADE IN GROUP 'A' CADRE WITHOUT REFERENCE TO UPSC, OR FC, RAILWAY BOARD CONCURRENCE,SANCTION,VETTING PROCESS, OR MAYBE THEY TOO MIGHT HAVE BEEN BOWED DOWN TO RPF, LIKE IN THE FOLLOWING CASES... 3) RAILWAY BOARD RPF CONDUCTED DPCs IN 2008, 2009...UPSC, DPC CONDUCT SELECTION PROCESS AFTER DUE VERIFICATION OF EMPLOYEES' SERVICE REGISTER, FIVE YEARS ACRs, AND WITH SPECIAL REFERENCE TO HIS INTEGRITY CERTIFICATE... a) HERE THE CRUX OF FREEDOM OF SELECTION PROCESS POURED ON...ONE JOSEPH KURIAN OF SOUTH CENTRAL RAILWAY DIED IN2000; HIS NAME HAS BEEN SELECTED AND UPSC,DPC ISSUED ORDERS AS FIT FOR PROMOTION AS ASC IN DPC PANEL NAMES; b)NEXT CASE IS THAT TWO INSPECTORS OF SCRLY, ADHOC ASCs, M.VIJAYA KUMAR, HARI PRASAD RAO ,THEIR NAMES NOT EVEN FIGURED EITHER IN UNFIT LIST OR IN FIT LIST OF THE DPC PANEL NAMES... SUCH IS BEING THE WORKING CONDITIONS.. THESE TWO OFFICERS WERE GIVEN AS OUTSTANDING PERFORMERS WITH DIVISIONAL, ZONAL, RAILWAY BOARD,RPF, MR REWARDS AND AWARDS INCLUDING IPM/PPM.. BUT, UPSC, RAILWAY BOARD RPF TOOK THEIR CASE OTHERWISE.

4)SEVERAL OF SUCH MATTERS APPERTAINING TO RAILWAYS RPF HAVE BEEN PROJECTED IN MY EARLIER WRITINGS TO RAILWAY BOARD RPF AND OTHERS INCLUDING VIGILANCE, BUT IRONICALLY NO ONE SEEMS TO BE INTERESTED TO INITIATE ANY ACTION, SEEMINGLY RECORD DOCUMENTS REFERRED...

5)IN THE RECENT NC JCM MEETING, THE JCM STAFF SIDE VERY RIGHTLY PROJECTED THE BURNING ISSUE OF NON CONDUCTING OF DPCs IN TIME SCHEDULE THEREBY EMPLOYEES RETIRING WITHOUT FURTHER PROMOTION...PARA XI OF THE MINUTES ENVISAGED THE SAME.... POINT.... (xi) Another point raised was about the instructions issued by the DOP&T following the assurance given to the Hon’ble Supreme Court in a contempt case which was said to have created a situation where the DPCs are not being held and the employees are retiring without getting promotion. It was stated that UPSC is also refusing to accept DPC proposals and insists that clarification from DOP&T may first be obtained. As a result promotions are not taking place and many officers have retired without promotion. The Staff-Side requested that necessary clarifications may be issued by DOP&T urgently so that DPCs can be held in the...

..MY FEELINGS/suggestions AND PROPOSAL:

1) THE GOI, HONESTLY THE RAILWAY BOARD RPF TO CONSIDER TO REVIEW THE ORDERS IN FAVOUR OF ADHOC SYSTEM CONTINUANCE FOR SEVERAL YEARS WITHOUT CONDUCTING DPCS, IN TIME SCHEDULE, AS PER RULES LAW AND JUDICIAL PRECEDENTS; DPCs  BEING CARRIED TO WANTON DELAYED TACTICAL DEALINGS OF RAILWAY BOARD RPF...NOT ON EMPLOYEES FAULT...WHY THE EMPLOYEES, PENSIONERS ARE MADE TO SUFFER...HOW TO END THIS TYPE OF FLYOVER JUMPING RULES ADOPTED BY RAILWAY BOARD RPF...

2) TO RESERVE ... QUOTA OF%IN NEXT HIGHER RANK PROMOTION FROM ASC RPF TO THAT OF DSC, RPF... THIS ACTION SHALL SETRIGHT AWAY SETUP AND STOP THEIR UNDERGROUND FAVOURITISM, THUS, EVERYTHING IN RPF ON THE ISSUE SHALL STAND SETTLED...

3) IF THE DPCs are held in later years and if the EMPLOYEES PENSIONERS are forced to retire without any further promotions, but for the mistake of the ADMINISTRATION'S FAULT, errors, etc... their names should be considered for placement in the DPCs PANELS ACCORDING TO INTAKE QUOTA OF VACANCY OF PREVIOUS YEARS AND they must be given DEEMED PROMOTION at par with the JUNIOR before superannuation as per SENIORITY and pension benefits be given... IN OTHER WORDS, THE RAILWAY BOARD RPF SHOULD ALSO HONOUR AND RESPECT THE JUDICIAL PRECEDENTS, RULES, AND LAW, RAILWAY BOARD RULE- IREM PARA 228 IN SPIRIT AND ACTION WITHOUT ANY BIAS OR FAVOURITISM WHICH IS NOW BEING SEEN ,AND THUS THE LAW AND FUNDAMENTAL RIGHTS, NATURAL JUSTICE PROTECTED...

4) THUS, RAILWAY BOARD RPF PONDERING OF THEIR FAVOURITISM, EVEN THROUGH DIFFERENTIAL TREATMENT AND APPLICATION OF RULES JUDICIAL PRECEDENTS, ORDERS AS PER THEIR CHOICE SELECTION PROCESS TOWARDS THEIR PICK AND CHOOSE OFFICERS SHALL BE STOPPED ONCE FOR ALL... Correspondence/ References: 1)Sony_C._Varghese_vs_Union_Of_India_on_30_June,_2008-2.pdf 225.3kB; 2)ORDER OF DELHI HC IN 2006...ON DPCs.docx 43.9kB; 3)DoP&T OMAd-hoc AppointmentPromotion — Review of.docx 12.7kB; 4)DESW-DLegal.pdf 966.3kB; 5)article on DPCs.docx 99.3kB 6)LTR 2 DG RPF & OTHERS 02-03-2017.docx 42kB; 7)RlyBd.Orders on deemed promotion IREM-Para-228.docx 18.4kB; 8)Subject- Re- DPCs ISSUE in RPF.docx 8.1kB; 9)LTR 2 DG RPF & OTHERS 02-03-2017.docx 42kB

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