Shri. Gopal Krishnan has raises an issue regarding Retiring Government servants missed promotion and suffered financial loss because of delayed holding of DPC. He pleaded that notional pensionary benefits of the promotion post should be given to retired /retiring Government servants who missed promotions due to delay in Holding DPC. NCJCM Staff Side may take a note of this and the matter is required to be taken up with the Secretary, DOPT for early decision.
The write up is given below..
Delay in holding DPC causes Financial loss to Retiring Govt servants
I intend to bring to you kind notice the following facts highlighting the financial loss, which is getting compounded every month, being suffered by very senior/senior pensioners, who missed promotion while in service because of the delayed holding of DPC meeting by various Ministries/Departments despite repeated and strict instructions from the Government of India in the Department of Personnel and Training about holding of timely DPC meetings for preparing panels in advance for promotions.
The original policy guidelines about holding DPC meetings framed way back during 1989 in consultation with the Department of Expenditure etc. do not put any bar to
(i) consider retirees retrospectively when they were due for such a consideration for promotion while in service
(ii) include those found fit in the select lists etc and then
(iii) give notional pensionery benefits of the promotion post .
Those guidelines have not undergone any change. Of course some clarifications had been issued from time to time first being in October, 1998. This clarification provided that those who were included in the panels would have no right to ‘actual promotion’. Unfortunately, the DOPT, because of the expression, ‘ shall have not right to actual promotion, had been wrongly advising every Ministry/Department where people missed promotion and suffered financial loss because of delayed holding of DPC, that no notional pensionery benefits should be given to them even if they are included in the panel(s).
The latest stand of the DOPT, which became public in reply to a Lok Sabha question in May, 2015 is that “while promotions will be made in the order of the consolidated select list, such promotions will have only prospective effect even in cases where vacancies relate to earlier years(s) i.e. from the date of assumption of charge in the higher post.”
This was stated in response to a Lok Sabha Unstarred Question No. 6439 replied on the 6th May, 2015, although prior to that an official mentioned to the PTI that all those missed such a promotion would get notional benefits and order to that effect had been issued. That fact was reported in various new papers on the 2nd Feb. 2015.
Although the clarification to the earlier policy decision cannot change the complexion of the original guidelines the DOPT took a stand that as the retirees even though included in the panel(s) did not assume charge of the higher post hence they are not entitled to any notional pensioner benefits. Realizing that the stand of the Government depriving the pensioners of their legal due was not logical/rational, in August, 2015, it was decided to review the same by the Government.
Now it is more than two years since the decision was taken to review the earlier policy, which deprived the pensioners of the benefits in terms of higher pension with reference to promotion post. The matter is required to be taken up with the Secretary, DOPT for early decision.
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many many thanks for taking up the issue:
recently the Honorable Supreme Court had delivered Judgment Order in one of RPF case filed by UOI Vs Sony c Verghese SLP(C) 663/2013 duly dismissing the SLP filed against the Orders of the Honorable HC of Madras…But , STILL, RAILWAY BOARD, DG,RPF SHOWING DEAF EAR ON MY REPRESENTATIONS SINCE 10 YEARS STRUGGLING… nbOT ONLY JUDICIAL PRECEDENTS, RAILWAY BOARD ORDERS ISSUED VIDE IREM-PARA-228 ALSO BEING IGNORED…KINDLY HELP…THANKS A LOT.
FROM PDF VIEW: Grievance Acknowledgement FROM NIVARAN—NO PROGRESS MADE.
1. Reference Number: NIV/2017/004123
2. Date of Submission: Mon Jan 30 22:52:32 IST 2017
3. Categorie Name: Service related matters
4. Sub Categorie Name : Promotion matters
5. Organization Type : RB
6. Organization Name :
7. Applicant Name : SESHADRI VIKRALA
8. Employee Type : Former Employee
NO REPLY SO FAR: OR NO INFORMATION AS TO ITS WHEREABOUTS: HOW TO GET PRESENT STATUS IS ALSO NOT SHOWN….
Brief Gist of the Grievance:
n.b>: Judicial Precedents by which Railway Board, DG,RPF had taken initiative and implemented BY ISSUING DEEMED PROMOTION ORDERS TO RETIRED DSCs AND ABOVE RANK OFFICERS, BUT THE SAME IS DENIED TO ME.
I joined the RPF in 1969 as direct S.I, got promotion as Inspector in 1983. As per RPF Rules, the seniority list of Inspectors on all India level over Indian Railways is to be maintained by the DG, RPF. As per seniority, my name stands at serial number 92 as per seniority list of 2005 and as maintained by the Railway Board, DG,RPF Security Directorate, I was promoted and appointed as ASC – Group ‘ A ‘ Cadre Post in RPF against departmental quota in 2002, in the clear, existing and sanctioned post of ASC. I have joined as ASC in 2002 and retired as such on superannuation w.e.f. 31st August, 2006.
Having completed three years service as per RPF procedure, I was due to get next promotion as DSC and I was informed that the matter is under consideration along with others and DPC is to be held. In the DPC held in 2008, after my retirement, my name stands as FIT for regular promotion/confirmation/regularisation as ASC for vacancy of 2004, but my name dropped from the Notification by the Railway Board on the plea that I retired. I have started making regular correspondence on the matter, even by routing my representations/Petitions/PGPORTAL as grievance through Honourable President’s Secretariat; PMO; DoP&PW, etc, which were forwarded to the Railway Board for examination.
I am asking for DEEMED PROMOTION AND NOT ACTUAL PROMOTION.
On my further correspondence and on my RTI Case Application dated 18-04-2015, I received some documents pertaining to issue of deemed promotion to retired RPF Officers – RETIRED — DSCs and above ranks who were given deemed promotions as per their seniority at par their juniors before superannuation and their pension benefits fixed accordingly.
I claimed to give deemed promotion as DSC citing several decided case Laws of the Honourable Apex Court on the matter of deemed promotion and that of Railway Board Rules, Notifications and Orders, in particular- IREM-Para-228.
I processed the matter further for some more documents for justice through RTI Applications / Appeals, latest being Honourable CIC, RTI- Orders dated 30-11-2016 ,the matter was again heard by CIC on 06-01-2017 and issued Orders … directed that information as per the Orders of 30-11-2016 be provided to the Applicant within next 15 days on humanitarian consideration…”.
This Orders dated 06-01-2017 is virtually connected to its earlier CIC’s Orders of 30-11-2016 which were not complied with by the Railway Board, OR OTHERWISE the words used/ sentences regarding deemed promotion were not taken in to heart and heart and in letter and spirit for implementation as expressed by the Honourable CIC in its Order, but again repeated reply as under—I have no right for actual promotion, which I never claimed, my cause of action since ten years arose for my deemed promotion as DSC and not for actual promotion as encircling the matter by Railway Board to actual promotion without understanding the virtual facts of my grievance.
Kindly refer to Railway Board’s- IREM- Para-228 and the Honourable Supreme Court’s several Judgment Orders on the face of Record on the point about DEEMED PROMOTION.
You may kindly refer to Apex Court’s judgment Orders wherein it was made clear that every employee/pensioners need not be a Petitioner and should not be forced to knock the doors of the Courts for Justice and that in all the matters decided in Courts, the same is to be applied to all the similarly placed, circumstanced, IDENTICAL situations. I have cited all relevant case laws in my letter/grievances. All these have been quietly ignored and suppressed in my case. The same has not been applied in true spirit, with honesty and integrity in my case as was done in the cases of other RPF retired DSCs and above ranks who were given deemed promotion.
In compliance to the Orders of the CIC, GOI, Ministry of Railways, Railway Board, New Delhi vide letter No. RTI File No. RB/RTI/2014/010048809 DATED 19-01-2017, it was replied —Vide Para-2 that …” … regarding CIC’s advice at Para 2(ii) above for examining the applicant’s case of deemed promotion, I may be stated that there is no provision under which such promotion can be granted. DoP&T’s OM dated 12-10-1998 clearly states that the provision to include the names of retired employees in the panel(s) is considered imperative only to identify the correct zone of consideration for the relevant year(s) but such retired officials would, however, have no right for actual promotion…”
There is slogan’ WHERE THERE IS WILL THERE IS A WAY’ AND HEREIN, THERE IS NO WILL AND HENCE FINDING A NO WAY TO SETTLE THE ISSUE WITH FREE MINDEDNESS BY GOING THROUGH OTHER RULES OF THE LAW, IREM-PARA-228 AND APEX COURT JUDGMENT ORDERS IN SEVERAL SUCH DEEMED PROMOTION CASES—A SETTLED MATTER WHICH EVEN THE RAILWAY BOARD HAD INCORPORATED THE APEX COURT’S ORDERS IN THIS IREM-PARA-228-
IT IS WELL KNOWN FACT THAT AN EMPLOYEE ONCE RETIRE CANNOT GET HIS ACTUAL PROMOTION AND ARREARS THEREON; BUT HE IS ELIGIBLE FOR DEEMED PROMOTION AT PAR WITH HIS JUNIORS AS PER SENIORITY BEFORE SUPERANNUATION ONLY TO GET HIS LEGITIMATE PENSION FIXATION BENEFITS AT PAR WITH HIS JUNIORS AS THE ADMINISTRATION COULD NOT CONDUCT THE DPCs IN TIME SCHEDULE ON VARIOUS MISTAKES, LIKE COURT CASES, WHEREIN THE EMPLOYEE IS NOT INVOLVED AND SHOULD NOT BE PUNISHED FOR NO FAULT OF HIM…
BUT IN CONTRA THE RAILWAY BOARD, THE DIRECTOR GENERAL RPF DIRECTORATE RAILWAY BOARD, NEW DELHI IS ADOPTING CRUSH THE VICTIM TO THE END POLICY….
CAN THIS BE TAKEN TO YOUR HEARTS IN THE NAME OF JUSTICE—
JUSTICE DELAYED, JUSTICE DENIED AND ONCE JUSTICE DENIED, JUSTICE BURIED ONCE FOR ALL…. KINDLY TO INTERVENE AND DO JUSTICE AND SAFEGUARD THE PRINCIPLES AND POLICIES OF THE LAW AND JUSTICE IN INDIA.. THAT IN RAILWAY BOARD, RPF…
It is humbly submitted that the Honourable CIC in its Order directed the Railway Board, even under humanitarian grounds, to examine my case for deemed promotion, no where the Order indicated to confine or restrict your observations and decision only to the DoP&T OM dated 12-10-1998 which has no relevance and connectivity to deemed promotion.
• I stand at Srl.No.92 of 2005 as maintained by the RPF- Security Directorate, Railway Board, Notification No. 2004. Sec. (E). SR-2.4 dated 28-02-2005, out of which juniors like, Sri.K. Laxma Nayak (Sr.No.113), K.V.Babu (143), K.J.Joy (170), and a score of others (more than 100) all juniors were regularized in the DPCs held in 2008 due to filling of ASCs vacancies falling in previous years between 2000-2006 or so, they were regularized as ASCs and have been promoted to the rank of DSC; This could happen only due to belated DPCs held by DG, RPF, Railway Board.
KINDLY TO CONSIDER THE FACT IN ISSUE AND THE RELEVANT FACT – DEEMED PROMOTION- the matter is to be CONNECTED TO THE RAILWAY BOARD ORDERS ISSUED VIDE ITS NOTIFICATION UNDER INDIAN RAILWAY ESTABLISHMENT MANUAL- PARA-228 AND THE HONOURABLE SUPREME COURT OF INDIA JUDGMENTS, ORDERS, DIRECTIONS APPENDED THERE UNDER.
Hence, I am submitting this GRIEVANCE IN THE LIGHT OF ABOVE REPLY OF THE RAILWAY BOARD. KINDLY DO JUSTICE AND UPHOLD THE LAWS OF THE LAND AND RULES MADE THERE UNDER. I PRAY ALSO TO REFER TO HONORABLE SUPREME COURT’S JUDGMENT ORDER IN A CASE, WHEREIN , IT IS FELT THAT THE HONORABLE APEX COURT RIGHTLY PREDICTED ‘ TRUST SHALL NOT BE BETRAYED’ AND THESE CITATIONS WERE ALSO PROJECTED IN THE VII CPC REPORT, WHICH MAY ALSO BE PERUSED AND PRAY TO DO JUSTICE.