Tuesday, October 23, 2007

Indian Railway Public Relations Officials Welfare Society

Constitution of the “Indian Railway Public Relations Officials Welfare Society
l. Name:
The Society shall be called “Indian Railway Public Relations Officials Welfare Society ", hereinafter called the “Society".
2. Aims and Objectives:
The aims and objects of this Society would be as under: -
a) to make aware the general public about various medium of mass communications.
b) to make aware the general public of technologies and techniques of Indian Railways.
c) to promote and safeguard the interests of Indian Railway Public Relations Officials;
d) to deal with all matters pertaining to the welfare, service conditions and prospects etc. of Indian Railway Public Relations Officials; and
e) to inculcate a sense of fraternity and unity of purpose among the Indian Railway Public Relations Officials.
3. Membership:
Individual, serving and retired Public Relations Officials of the Indian Railways i.e.CPRO/Sr.PRO/PRO/CPRI/SPRI/PRI/Chief Photographer/Photographer/Production Assistant (Only belonging to Public Relations Cadre). Officials from the commercial publicity are not entitled for membership of this Society but officers will be eligible for membership of the Society.
4. Subscription:
The Society would be required to contribute a sum of Rs.600/- per annum per member for meeting the expenses of the Society.
5. Management:
(i) The General Body of the Society shall be constituted by all members of the Society. The elected representatives of the Governing Council who shall be three (03) in number, as detailed in clause (ii) below, shall also be a part of the General Body and shall have the right to vote in its proceedings. Retired Public Relations Officials shall also be members of the General Body.
(ii) Governing Council: The Federation shall have a Governing Council consisting of the following:-
S.N. Name address Official Designation
1. Sh. Kamal Joshi H No. 1367/32, Bhagirath Bhawan, Alwar Gate, Ajmer Hon. Chairman
2. Sh.Y.K.Sharma 72/46, Patel Marg, Mansarover, Jaipur Hon. Secretary General
3. Sh. Gopal Sharma RailwayLoco Coloney, Jaipur Hon. Secretary -finance

(iii) Term of Office: The term of the General Body and its Governing Council shall be two years.
(iv) Mode of election: The office bearers of the Governing council shall be elected in a General Body meeting called for this purpose or by the E-voting system or physical to see the quorum.
(v) Vacancy: In case of resignations, retirements etc., the Governing Council will have powers to co-opt office bearers from amongst the General Body representatives.
(vi) Eligibility for re-election: A retiring member of the Council will be eligible for re-election.
(vii) Quorum: Three members of the Governing Council shall form the quorum.
(viii) Casting Vote: The presiding member shall have a casting vote.
(ix) Meetings: The Governing Council shall meet at least once in six months.
6. Accounts:
(a) The Treasurer/secy. (Finance) shall prepare Annual Accounts of the receipts and expenditure of the Federation as on 31st March of each year.
(b) The Accounts will be audited by an Auditor nominated by the Governing Council.
(c) The accounts for each financial year shall be submitted to the General Body meeting of the Federation.
7. Meetings:
(a) The Annual General Body meeting of the Society shall be held soon after the close of the financial year.
(b) At least 30 days notice shall be given for the Annual General Body Meeting.
(c) The quorum for the General Body Meetings shall be ten members.
(d) The Secretary General shall present the Annual Report of the activities of the Society at the Annual General Body Meeting.
(e) An extra-ordinary General Body meeting can be convened as and when the Governing Council considers it necessary to call one. It shall also be convened at the written request of not less than 3 members of the General Body. At least 10 days notice shall be given to all members for an Extra-ordinary General Body Meeting.
(f) Decisions shall be by majority vote, which shall ordinarily be taken by a show of hands.
8. Powers to amend Constitution:
The General Body will have powers to amend the Constitution by 2/3rd majority from amongst those present subject to the attendance of not less than 15 members.
MEMBERSHIP FORM
Indian Railway Public Relations Officials Welfare Society
(For Sr.PRO/PRO/CPRI/Sr.PRI/PRI/Photographer’s)

MEMBERSHIP FORM

1. Name:
2. Father’s Name:
3. Office Address:
4. Permanent Address:
5. Date of Birth:
6. Date of Appointment with Designation:
7. Date of Appointment in PR Dept. with Designation:
8. Present Designation:
9. Date of Promotion in Group’B’/PRO:
10. Date of Promotion in Sr.PRO/CPRO:
11. Telephone No. Railway BSNL
[O] [O]
[R] [R]
12. Mobile No:
13. Zonal Railway/Division:
14. Station of Present Posting:
15. Acceptations from the Association:
16. E-mail Address:
Cheque/DD No. Bank Date

Kindly deposit the cheque in favour of Indian Railway Public Relations Officials Welfare Society
Signature
Place:
Date:
____________________________________________________________
Regd.Office 72/46, Patel Marg, Mansarover, Jaipur-302020.
Mobile:9414067031
List of Public Releations Officials
1. Shri Kamal Joshi , CPRI/NWR-JP, Chairman
2. Shri Y.K.Sharma, PRO/NWR-JP, Secretary General
3. Shri Gopal Sharma , PRO/NWR-JU, Secretary Finance
4. Shri Narendra C., PI/SCR-SBC, Member
5. Shri P.K.Mukopadhyaya, PRO/ER-Kolkatta, Member
6. Shri Santosh Kumar, SrPRO/SECR-Bilaspur, Member
7. Shri Amit Malviya, PRO/NCR- ALD, Member
8. Shri Ajay Solanki , CPRI/WR-Mumbai,Member
9. Shri Lalit Kumar Sharma, PRO/NCR-Jansi, Member
10. Shri Nirakar Das, PRO/ECoR-Bhubaneshwar, Member
11. Shri S.K.Basu, PRO/ER-Asansol, Member
12. Shri Rajendra Singh, PRO/NER-Izzatnagar, Member
13. Shri Arun Malakar, PRO/ER-Kolkatta, Member
14. Ms. B.Dhillion, PRO/NCR-Agra,Member
15. Shri Manzar Karar, PRO/NCR-ALD, Member
16. Shri Ramavtar Sharma, PRI/NWR-JP, Member
17. Shri Sunil Singh, Sr.PRI/WR-Mumbai, Member
18. Ms Smita Rosario, CPRI/WR-Mumbai, Member
19. Shri H Mohta, PRO/WR-Mumbai, Member
20. Shri C Nk David, PRO/WR-Mumbai, Member
21. Shri Gajanand Mahatpurkar, PRO/WR-Mumbai, Member
22. Shri Bhagwat Dahisarkar, Sr.PRO/WR-Mumbai, Member
23. Shri A K Jain, PRO/CR-CSTM, Member
24. Shri Y K Singh, PRO/CR-Pune, Member
25. Shri V Chandrasewar, PRO/CR-CSTM, Member
26. Shri R P Barpagga, Sr.PRI/CR-CSTM, Member
27. Shri Anubhav Saxana, Sr.PRI/WR-Mumbai, Member
28. Shri Pravin Patil, Sr.PRI/WR-Mumbai, Member
29. Shri Rajesh, Sr Photographer/WR-Mumbai, Member
30. Shri A K Singh, PRO/CR-CSTM, Member
31.Shri Y.S.Rajput, Sr.PRO/NR
32. Shri A.S.Negi, PRO/NR
33. Shri Rajesh Khare, PRO/NR
34. Smt. Manika Lal, PRO/NR
35. Smt. Geetanjali, PRO/NR
36. Shri Ravinder Kumar, CPRI/NR
37. Shri R.K.Jain, CPRI/NR
38. Smt Kamlesh, CPRI/NR
39. Shri Kultar Singh, CPRI/NR
40. Shri Vinod Kumar, CPRI/NR
41. Km. Gita Sharma, CPRI/NR
42. Smt. Pragya Seth, SPRI/NR
43. Smt Neera Gupta, SPRI/NR
44. Shri A.K.Singh, SPRI/NR
45. Smt Anita Mallik, SPRI/NR
46. Smt.Padmapriya, SPRI/NR
47. Shri Anil Kumar Chhatri, Chief Photographer/NR
48. Shri Birender Singh, Senior Photographer/NR
49. Shri Lal Bahadur, Photographer/NR
50. Shri Lalji, Bromide Printer/NR
Represantation To Member Staff
New Delhi
20th June 2007
The Member Staff
Ministry of Railways,
New Delhi

Sub: - Request of orders to restore promotion avenues to Public Relations Officers

Respected Sir,

With due respects, we the undersigned Sr.Public Relations Officers and Public Relations Officers (from PR cadre) presently working over Zonal Railway and Production Units request your magnanimity to sympathetically consider the redressal of below stated long presiding grievances/sufferings which we are made to suffer for none of our fault. We seek your kind permission of lay down a few glaring facts for your kind consideration so that immediate necessary action is initiated:
1. In the present scenario of rapid growth in Technology, as well as Evolvement of new and sophisticated corporate culture, the Public Relations have gained a lot of importance. It plays a vital role in keeping up the image of the Railway Administration at the highest level. Moreover Public Relations deals with one commodity i.e. information. Being a govt. organization the department needs to disseminate information on a regular basis regarding new services, augmentation of new services, new amenities, Public interest issues, inaugural functions, Press conferences and Exhibitions. Public Relations official in Railway proficiently perform all sorts of work round the clock to satisfy the media and general public. We, as Public Relations officials are bridge between the Railway organization and public

2. That as per Gazette Notification No. 38 dated 18th Sept. 1982 (JSR 799), promotional avenues for Public Relations Officers are clearly laid down but the provision of the said notification have not been implemented in case of promotions yet. Photocopy of the gazette notification is attached herewith for your kind perusal.
3. While implementing the recommendations of the 5th Pay Commission, the Ministry of Railways, Railway Board has undertaken up gradation of 80% of the group 'B' posts of all major departments (other than Accounts Deptt.). Following representations as received from the Accounts, this benefit of upgradation of 80%of Group 'B' posts was allowed to Accounts Deptt. Which also was earlier categorized unorganized as Deptt. As per Railway Board's letter No. E(GP)2003/2/22 dated 16.6.2003 RBE No. 93/2003 for communicating upgradation of 80% of Group 'B' posts of all major deptts. had indicated only one exception i.e. Accounts Deptt. In this letter dated 16.06.2003 (RBE No. 93/2003), Public Relations Deptt. has never been excluded for the benefit of upgradation but surprisingly this benefit of 80% of Group 'B' posts to a higher pay scale Rs. 8000-13500 has not yet been given effect to Public Relations Officers even after lapse of 4 years. It is, therefore humbly requested that this benefit of higher pay scale of Rs. 8000-13500 must immediately be allowed to all eligible officers of Public Relations organization with retro-respective effect and all monetary benefit. In this context, it will also be worth mentioning that as per Gazette Notification No. 38 dated 18th Sept., 1982 (JSR 799), Public Relations organization is well organized deptt. for which a detailed procedure has been laid down in this gazette notification of Govt. of India.
4. That vide Railway Board's letter No. E(GP)2004/1/8 dated 13.9.04 (RBE No. 202/2004) (copy enclosed for ready reference), Ministry of Railways, Railway Board had decided to create group of Zonal Railway alongwith Production Units to conduct DPC and effect promotions. It is requested that this pooling of the officers for the purpose of promotion is somehow not proper, as it does not ensure proper seniority. Thus, it is requested that the Public Relations Officer's seniority must be maintained at the Board's level, combined and DPC be conducted as per overall seniority enjoyed by PROs all over Zonal Railways and accordingly promotions be made as per that combined seniority and the senior promoted within his zone/production units. This combined seniority policy will also smoothen the process of grouping and transferring the post for the eligible candidates within their zones.
5. As per Gazette Notification No. 38 dated 18th Sept. 1982 (JSR 799), the promotions and postings of CPROs must also be made from and amongst the working Public Relations Officers. It is requested this policy decision as taken 25 years ago still has not been implemented in the desired manner which is a clear violation of the policy notified by the Govt. of India. It is, therefore requested that immediate orders may be placed for posting of the officers including CPROs in consultation with the policy as laid down in the Gazette Notification No.38 dated 18th Sept. 1982 (JSR 799), and in the light of the reply as given by the JDE(Gaz) in response to case RTI/Cell/2006/1050 dated 6.2.2007 (information sought by Sh. R N Mahapatra, South Eastern Railway, Calcutta regarding Public Relations Deptt. of Indian Railways) copy of the reply as communicated by JDE (Gaz) on 21.2.2007 is attached herewith for your kind reference and perusal.
6. It is also a burning fact that for the last 25 years, there has not been any addition/upgradation in the Public Relations Deptt. which relentlessly work round the clock, round the year. As per best of our knowledge, we understand that a proposal for seven new posts created in the grade Rs. 10000-15200 i.e. Sr.PRO has already been cleared by the Apex Authority in the Ministry of Railways and had been sent to the Ministry of Finance. Under the circumstances it is earnestly requested that a nodal officer may kindly be appointed to chase up the matter and get it finalized immediately. It would also be pertinent to mention here that the non provision of the promotional avenues to Public Relations Staff/Officers will have demotivational impact and dangerous for the mental and physical health of the officers and consequential adverse impact over Railway's image.
7. All non PR persons occupying the posts (Revenue/Work charge) of PRO/Sr.PRO in any zone or production units be vacated with immediate effect and selection process may be initiated for filling of these vacancies in group 'B' (PRO/Sr.PRO) post with retrospective effect.
8. It is a matter of great regret that 5th Pay Commission did not pay deserved attention to our grade. As per Railway Board's letter vide No. PC-V/RSVP dated 16.01.98 the scales allotted in various grade of Personal Inspectors, Rates Inspectors, Commercial Inspectors, Claims Inspectors, Divisional traffic Inspectors, Lab Superintendent, Health Inspectors and Law Assistant have been revised, but the scales of Public Relations Inspectors has remained unchanged. This is serious injustice to Group 'C' supervisory staff of PR Department.
Sir, While reiterating the request for immediate steps to be initiated, we are all the conviction for the long awaited justice will definitely be imparted through your kind hands.
With regards, Yours sincerely

Letter to Chairman Railway Board


Shri Y.K.Sharma,
Secretary General
Mobile:9414067031
email: pro@nwr.railnet.gov.in

Indian Railway Public Relations Officials Welfare Society
Regd.Office 72/46, Patel Marg, Mansarover, Jaipur-302020.


D.O.No.IRPROWS/JP/1/2007 Dated:11-09-2007

To,

The Chairman,
Railway Board,
New Delhi.


Sub: For Recognition of Society.
Ref: Registration No. 381 dated 31-8-2007.


R/Sir,

We the member of Indian Railway Public Relations Officials Welfare Society made an application for Registrations of the Society before the Registrar Co-operative Society Rajasthan, Jaipur. Our society has been registered in the name and style “Indian Railway Public Relations Officials Welfare Society “. The main aim and object of the society is to watch the interest of the member of society. As per our constitution of the society I the undersigned has been nominated as the Secretary General of the society the office bearer of the society are as under:


Sr.No. Name Designation

1. Shri Kamal Joshi , CPRI/NWR-JP, Chairman
2. Shri Y.K.Sharma, PRO/NWR-JP, Secretary General
3. Shri Gopal Sharma , PRO/NWR-JU, Secretary Finance
4. Shri Narendra C., PI/SCR-SBC, Member
5. Shri P.K.Mukopadhyaya, PRO/ER-Kolkatta, Member
6. Shri Santosh Kumar, SrPRO/SECR-Bilaspur, Member
7. Shri Amit Malviya, PRO/NCR- ALD, Member
8. Shri Ajay Solanki , CPRI/WR-Mumbai,Member
9. Shri Lalit Kumar Sharma, PRO/NCR-Jansi, Member
10. Shri Nirakar Das, PRO/ECoR-Bhubaneshwar, Member
11. Shri S.K.Basu, PRO/ER-Asansol, Member
12. Shri Rajendra Singh, PRO/NER-Izzatnagar, Member
13. Shri Arun Malakar, PRO/ER-Kolkatta, Member
14. Ms. B.Dhillion, PRO/NCR-Agra,Member
15. Shri Manzar Karar, PRO/NCR-ALD, Member
16. Shri Ramavtar Sharma, PRI/NWR-JP, Member
17. Shri Sunil Singh, Sr.PRI/WR-Mumbai, Member
18. Ms Smita Rosario, CPRI/WR-Mumbai, Member
19. Shri H Mohta, PRO/WR-Mumbai, Member
20. Shri C Nk David, PRO/WR-Mumbai, Member
21. Shri Gajanand Mahatpurkar, PRO/WR-Mumbai, Member
22. Shri Bhagwat Dahisarkar, Sr.PRO/WR-Mumbai, Member
23. Shri A K Jain, PRO/CR-CSTM, Member
24. Shri Y K Singh, PRO/CR-Pune, Member
25. Shri V Chandrasewar, PRO/CR-CSTM, Member
26. Shri R P Barpagga, Sr.PRI/CR-CSTM, Member
27. Shri Anubhav Saxana, Sr.PRI/WR-Mumbai, Member
28. Shri Pravin Patil, Sr.PRI/WR-Mumbai, Member
29. Shri Rajesh, Sr Photographer/WR-Mumbai, Member
30. Shri A K Singh, PRO/CR-CSTM, Member


It is for your information and with the request to recognize our society.

Kindly recognition may be accepted and to this effect information may be given to the undersigned.


Encl:
(i) Copy of registration issued by the Registrar
(ii) Copy of Constitution of the society.



(Y.K.Sharma)
Copy to:
Member Staff, Railway. Board, New Delhi.
Secretary, Railway. Board, New Delhi.
Advisor Staff, Railway. Board, New Delhi
General Manager/Central Railway, Chattrapati Shivaji Terminus, Mumbai. Western Railway, Churchgate, Mumbai. Eastern Railway, Fairlic Place, Kolkata. North Eastern Railway, Gorakhpur. North East Frontier Railway, Maligaon, Guwahati. Southern Railway, Chennai. South Eastern Railway, Garden Reach, Kolkata. Northern Railway, Baroda House, New Delhi. South Central Railway, Secunderabad. Diesel Locomotive Works, Chittaranjan. Integral Coach Factory, Chennai. Railway Wheel Factory, Bangalore
Diesel Components Works, Patiala. South East Central Railway, RE Office, Bilaspur
Railway Electrification, Allahabad. Metro Railway, Kolkata. North Central Railway, Allahabad. South Western Railway, Hubli, Bangalore. West Central Railway, Jabalpur
East Coast Railway, Bhubaneshwar. East Central Railway, Hajipur. Research, Design & Standard Organization, Lucknow. Central Org. for Modernization of Workshops, New Delhi. Principal Railway Staff College, Vadodara. Rail Coach Factory, Kapurthala (Punjab)
General Secretary – AIRF, NFIR, IRPOF, FROA, AIRPFA
ADVOCATE NOTICE

Counsel for Bhartiya Railway Jansampark Karmi Kalyan society, Jaipur through Secretary General Shri. Y. K. Sharma, P.R.O., North Western Railway, Jaipur

To,
1) The Hon’ble Railway Minister,
Minstry of Railway
Government of India, Rail Bhawan, Rai Sina Road, New Delhi-1100001

2) Te Railway Board through its Chairman
Room No. 236, Rail Bhawan, Rai Sina Road, New Delhi-110001

3) The Member Staff
Railway Board, Room No. 214, Rail Bhawa, Rai Sina Road, New Delhi-110001

4) The Secretary,
Railway Board, Ministry of Railway, Rail Bhawan, Rai Sina Road, New Delhi-110001

On behalf of and as per the instructions of my client above, I have to serve this notice upon you, to the following effect :-

1. That while exercising powers conferred by the proviso 2 of the article 309 of the constitution of India, Hon’ble the President of India makes rules regulating the method of recruitment to Group A and Group B post in the Public Relations Department of the Indian Railways, Which is Known and called as “Indian Railway Public Relations Department (Group A and Group B Posts) Recruitments Rules, 1982” . The above Rules were notified on 27.1982 and the same came into force w.e.f. 18.9.1982 the date when these rules were published in the Gazette of India.

2. That in the Public Relation Department maintained by the Indian Railway the following Posts are available :-
a. Public Relation Inspector/Photographer (Group C Post)
b. Senior P.R.I./Senior Photographer (Group C post)
c. Chief Public Relation Inspector/Chief Photographer (Group C post)

The base grade post in the public Relation Department is the post shown at Item No. 1 and the posts shown at Item No. 2 and 3 are promotional post in Group C category itself in their respective cadre, however, the feder post for group B post is Chief P.R.I. and Chief Photographer, meaning thereby when promotions are made in Group B post both C.P.R.I. and Chief Photographer are eligible on completion of certain years of experience.

3. That from Group C post promotions are required to be made from amongst Group C staff through selection as per the availability f the vacancies. The cadre controlling authority in respect of the post of P.R.O. is Zonal Railway and for higher categories the cadre controlling authority is the Railway Board.

4. That all the employees working in Group C posts and P.R.Os. are the member of Bhartiya Railway Jansampark Karmi Kalyan Society (Which may be referred as the Society).

5. That from the post of P.R.O. as per the Rules, 1982 the next higher promotional post is Senior P.R.O. and Chief Public Relation Officer.

6. That the post of Chief Public Relation Officer is a Junior Administrative Grand post (JAG).

7. That the Indian Railways are Asia’s largest and the world second Largest system under single management. In Size, man power and public inter-face Indian Railways are the biggest enterprise in the country, with over more than 20 lacs employees on its roll and carrying million of passengers and million tones of freight traffic daily on a network spread over 7000 route kilometers covering about more than 7000 railway stations across the length and breadth of the country. The public Relation on Railways Play a very important roll and cumulative effect of the working of the Railway employees including the employees working in the public relation cadre is that the Railway gave a profit of 20000 Crore to the country. The things cannot be done without powerful public Relations Infrastructure to effectively communicate with such a colossal mass of people.

8. That admittedly in the Public Relation organization of the railway the cadre strength of various posts are as under :
Grade No. of Posts
i) JA grade scale Rs. 12000-16500 11
ii) Sr. Scale Rs. 10000-15200 5
iii) Group B Rs. 7500-12000 50
iv) Gropu C Rs. 4500-7000 to
6500-10500 150

9. That the Pubic Relation Organization in the Ministry of Railways (Railway Board) and on each of the Zonal Railways and 6 Production Units discharge a variety of functions with a view to improving the over all image of the Railway Administration. The functions broadly fall in the two categories namely, one monitoring, analyzing and influencing public opinion and dissemination of information in the right perspective to the public through mass media. Keeping in view the functions of the public relation Unit the Government of India, Ministry of Railways (Railway Board) vide their O.M. dated 26/27.6.2006 recommended for upgradation of 7 group B posts of P.R.Os. to Senior P.R.Os.

10. That apart from the above, it is a practice prevailing in the Railways that on higher posts in the Public Relation Organization, the officers of other Units are appointed and since long they occupying the posts of P.R.O., senior P.R.O. and C.P.R.Os. In this respect it will not be out of place to mention here that the Government of India. Ministry of Railways (Railway Board) vide their letter dated 19.1.1995 informed to the concerned C.P.R.Os. to fill up the posts of P.R.O. or on higher posts from the Public Relation Cadre who are eligible for the same. Through the said letter it was also opined that the post of Public Relation Officers should not be kept vacant, but to no avail.

11. That the post of C.P.R.O. (JAGrade) is a post to be filled in through D.P.C. on regular basis through a selection. The method of recruitment is 50% by promotion failing which by transfer on deputation and 50% by transfer on deputation/transfer. 50% promotion are being made from amongst Senior P.R.O. with 5 Years regular service in the grade and remaining 50% from amongst the officers working in the Ministry of Railways (viz Zonal Railways, Production Units and Railway Board), failing which officers from the Central government/state Government holding anologus posts or with 5 years service in the past in the scale, possessing at least a Degree of a recognised University or equivalent and experienced of Public Relations, journalistic or publicity work (period of deputation shall ordinarily not exceed 4 years).

12. That as per the mandate of Rules, 1982 the post of C.P.R.O. is to be filled in from amongst Senior Public Relation Officers or Officers working in the Ministry of Railways at Zonal Railway, Production Units and Railway Board.

13 that at Present in the Indian Railway the following officers are holding the post of C.P.R.O.:-
Railway Name & Designation
RLY. BD A.K. Saxena, DPR
RLY BD Manish Tewari, JDIPP
CR S.C. Mudgerikar
WR Pranay Prabhakar
ER Deepak Jha
SER Archana Srivastava, by CCM/C
NR Ravi Saxena, CPRO
NER A.K. Singh, CPRO
NER Trikalagya Rabha, CPRO
NCR B.P. Pandey. CPRO
NWR K.L. Enkhia, CPRO
SEC Ankush Gupta, CPRO
WC Mudil Mittal, CPRO
SW B.S. Dasarathi, CPRO
SCR P. Krishnaiah, CPRO
E.CO. B.K. Mishra, CPRO
E.C. A.K. Chandra, CPRO
S.R. S. Krishna Moorthy, CPRO
RCF B.M. Agrawal, CPRO
DLW Raju Prasad, CPRO
ICF G. Subramaniam, PRO
METRO RLY
CORE S.N. Dubey, CPRO
CLW Baldev Raj, CPRO
RCF B.M. Agrawal, CPRO
DCW A.K. Sonik, CPRO

That all the above officers who are at present holding the post of C.P.R.O. are substantive Group A Officer of the railway belonging to different departments other than Public Relation Department. As per the Rules the priority for promotion to the post of CPRO is required to be given through promotion, failing which by transfer on deputation. The post of CPRO is required to be filled in by a Departmental Promotion Committee headed by Chairman, Railway Board along with Financial Commissioner, Railways and 3 others members of the Railway Board as members. It is a fact that from the date of the notification of the Rules, 1982 up till date no departmental Promotion Committee met and all the above officers are given posting by the General Manager of the respective Zonal Railway. In this view of the matter, all the above officers holding the post of CPRO are public user per. To verify this fact the Secretary General of the Society made an application to the government of India, Ministry of Railways on 03.5.2007 seeking certain information and categorically asked to furnish the detail of the dates on which the D.P.C. met for the purpose of promotion/deputation to the post of CPRO, in reply to that it has been conveyed that “For the promotion to the administrative grade in Public Relation Department so far no D.P.C. has been constituted.” This reply was received by the Secretary General on 18.6.2007 through a covering letter dated 14.6.2007 Thus, it is clear that all the CPROs working through out India were appointed by an authority who have no competence because the cadre controlling authority in respect of the CPRO is the Railway Board.

Apart from the above, the secretary General of the society also requested for supply of the documents/record to show that the cadre of public relation is a organised cadre. In reply to the above quary by the same communication (supra) it has been conveyed that the cadre of Public Relation is not organised service, meaning thereby the Railway Administration is not recognised the cadre of Public Relation as a organised cadre, whereas the fact is that the public relation cadre is a well established organised cadre and there are rules made under Article 309 of the Constitution of India by the Hon’ble President of India. One fails to understand how the Railway Administration can ignore the factum of Rules, 1982 which are holding the field till date. In this respect it will not be out of place to mention here that on the quary made by the Secretary General of the Society the Railway Administration Categorically replied that the Rules 1982 were amended in the year 1985 and the copy of the rules, 1982 as amended in 1985 were supplied. Copy supplied is in respect of organised cadre of Public Relation Cadre. Therefore, the plea of the Railway Administration that the Public Relation Cadre is not an organised cadre is far from truth and contrary to their own stand.

14. That on the one hand the Railway Administration is not considering the cadre of Public Relation as an organised cadre of Public Relation as an organised cadre and on the other hand posted number of CPROs transfer on deputation from a department other than the Public Relation Department which is per se illegal.

15. That apart from the above the feder post for promotion to the post of CPRO is Senior Public Relation Officer and the next post is Public Relation Officer. Above 2 posts are Group a Post whereas later is Group B post i.e. P.R.O. As per the reply given by the railway Administration the DOC for promotion to the post of Senior P.R.O. after the promulgation of the Rules, 1982 DPC was constituted on 26.6.1986, 10.7.1987, 9.7.1997 and on 12.9.2000. It is submitted that the Society is not aware how many PROs were promoted to the post of Senior P.R.Os. when DPCs were constituted on various dates except 12.9.2000. The DPC met on 12.9.2000 made their recommendation and on the basis of the recommendation made by the DPC the notification was issued 28.9.2007 (after 7 years from the date of the DPC), whereby 2 senior most PROs were promoted on the post of Senior PRO (Group A post). Out of 2 one Shri P. K. Moitra belonging to Eastern Railway was promoted for the year 1997-98 and Shri Sameer Goswami of the same Railway was given promotion for the year 1999-2000, so admittedly after 2000 no DOC has been constituted for promotion to the post of Senior PRO from amongst Group B Officers. The cadre in respect of the Senior PRO is 10 except 2 as shown abovce others are working as per the working arrangement system. In this respect shri Y.K. Sharma preferred an Original Application before the Central Administration Tribunal. Jaipur Bench, Jaipur assailing the validity of promotion of one Shri Gurjeet Singh, Senior P.R.O. (RCF, Kapurthala) as Shri Gurjeet Singh is belonging to a department other than Public Relation Department. Thus, it is clear that the feder post has been filled in by the Railway Administration contrary to the rules maring the chances of promotion of the officers working in the Public Relation Department. The above is an example. this is how the post meant for regulation promotion has been filled in and the departmental employees though eligible for promotion to the post of senior P.R.O. as well as for the post of CPRO are deprived of their legitimate claim.

16. That the Government of India Ministry of Railways (railway Board) vide their letter dated 16.6.2003 decided to upgrade 80% of Group B post of all major departments (other than Accounts Department) for allotment of the higher scale i.e. pay scale Rs. 8000-13500. The Public Relation Department is a organised cadre. As per the above letter 80% employees of the Public Relation Department working in group B post are entitled for the above higher pay scale i.e. Rs. 8000-13500. Since the Railway Administration is not considering the Public Relation Department as organised service therefore, the benefit of upgradation of 80% of Group B post to the higher scale has been denied. In case the Railway Administration acted as per the Rules and treated the Public Relation Cadre as organised Cadre then 80% employees of the Public relation Cadre are Certainly entitled for higher pay scale as above. In this view of the matter a step motherly treatment has been given to the public relation cadre without any rhym and reason.

17. That in the facts and circumstances of the present case, it is not in dispute that regarding Public Relation Organisation in the Railway there are separate rules made under Article 309 of the Constitution of India. To this effect a notification was notified in the gazette of India and the rules are known as “Indian Railways Public Relations Department (Group A and Group B Posts) Recruitment Rules, 1982”. So the Public Relation Cadre is an organised cadre. As per the rules a P.R.O. is eligible for promotion to the post of Senior PRO and then to the post of CPRO. The promotion avenues are available but due to inaction, rather it can be safely said that ill action the employees working in the Public Relation Cadre are deprived of their right of consideration for promotion. The action of the Railway Administration is contrary to the Article 16 of the Constitution of India apart from the arbitrariness.


18. That the Railway Department is a largest department of the country and in all fairness it is required that the department must follow the procedure laid down under the rules. Not holding DPC for promotion to the post of Senior P.R.O. and to the post of CPRO is an action contrary to the mandate of the Rules. Of course it is true it is to the department to fill or not to fill the post but when the posts are filled in then it is bounded duty of the department to fill the post as per the rules. In the present case all the CPROs are holding the post by an authority not competent to post them. Why the Railway Board is sitting as idle authority, it is not understandable. What the finance is doing is also not understandable. The post of Chief Public Relations Officer is a Group a post and they are the head of the department. On such an important posts the officers are public userpers. All the CPROs have no legal authority to function as CPRO or other equivalent post.


Please acknowledge this notice and forthwith recall the orders of all the CPROs who are holding the post without any authority of law. Further it is advised that the vacancies of the relevant years may be determined and employees working in the Public Relation Department may be given promotion to their respective cadre from the date they become eligible. Further it is advised that Railway board’s letter dated 16.6.2003 may be made effective and 80% employees of Group B post may be given higher pay scale i.e. Rs. 8000-13500 from the date they become eligible. The regular D.P.C. for promotion to the post of Senior P.R.Os and C.P.R.Os may be constituted and made promotions from the feder posts within a period of one month from the date of the receipt of this notice, failing which my client will be constrained to approach the competent court of law at your costs.



Sd/-



(P.V.CALLA)
Advocate
Anomaly in fixation of pay scale of Publicity Inspectors
Shri Y.K.Sharma,
Secretary General
Mobile:9414067031
email: pro@nwr.railnet.gov.in


D.O.No.IRPROWS/JP/1/2007 Dated:21-11-2007

To,
The Hon’ble Chairman,
VIth Central Pay Commission,
ii floor, ICADR Building, Plot No.6,
Vasant Kunj Institutional Area, Phase-II,
New Delhi – 110076

Respected Sir,

Sub: Anomaly in fixation of pay scale of Publicity Inspectors.

We hereby, bring to your kind notice that the proposed pay scales in the Sixth Pay Commission continue to reflect the anomaly existed in the fifth pay commission. We humbly request you to consider once again the representation, which we have given earlier about the injustice meted to the Publicity Inspector.

Job Description:-
General:-

· The Public Relations office is primarily responsible for image building of Central Railway and this is carried out with sustained attention through wide publicity measures as basic as giving out press-releases to as complex as handling crisis communications.
· The job is essentially 24 x 7 exercise and skeletal staff work on week-ends and almost full strength during emergencies.
· The office is the event-organiser of the Railway, which involves lots of planning and liaison on top-priority basis. The work involves a lot of outdoor activity/travelling to locations where the events are organised.

Specific:-
The following are details of the responsibility of the Publicity Inspectors:-

1. Scanning leading Newspapers & News Channels.
2. Arranging Press Conferences.
3. Conducting formal and informal Press Meet.
4. Issuing Press Releases to print & Electronic media.
5. Preparing & published illustrated publicity material like brochure, folders, posters, leaflets etc.
6. Publishing House Journal.
7. Film shooting in running trains, railway premises etc.
8. Designing of Advertisement and classified for print media.
9. Preparing Quickies, Documentary & other business promotion and Mass Awareness TV spots and Documentaries etc.
10. Disaster Management & Crisis Management exercises during Accidents/mishaps etc.
11. Coverage of Ceremonial functions like inauguration of Project etc. Hon’ble MR, MOSR’s by other VIPs.
12. Coordination with other depts. of Rlys for collecting information, so also with other local agencies such as Municipal Corporation, State Govt. offices, PSU’s etc.

Existing strength:-

· Public Relations Inspectors is a very small cadre consisting of only 8 persons, catering to almost all leading news channel and approximately 50 leading national dailies. Being a Metropolitan & Financial Capital of India, Mumbai has one of biggest suburban system in the world, our target audience is much bigger than any other organization in the world, hence the job involves hectic and focused functioning to achieve the desired and positive results.

HIERARCHY IN THE CADRE:

Presently there are three Grades in the cadre of public relations as follows:-

1. Chief Public Relations Inspector
2. Senior Public Relations Inspector
3. Public Relations Inspector

OUR PRESENT SCALES:-
a) Chief Public Relations Inspector Rs. 6500-200-10500 (RSRP)
b) Senior Public Relations Inspector Rs. 5000-150-8000 (RSRP)
c) Public Relations Inspector Rs. 4500-125-7000 (RSRP)
CADRE QUALIFICATION:-
i. Graduation in any stream
ii. Degree/Diploma in Mass Communication or Public Relations or Advertising.
The cadre requires Professional Qualification like Law Assistants etc. But many other categories have been given grades higher than our without having any Professional Qualification.

PROPOSED SCALES:- (As given to the Law Assistant Cadre in V pay commission.)

a) Chief Public Relations Inspector Rs. 7450-225-11500 (RSRP)
b) Public Relations Inspector Rs. 6500-200-10500 (RSRP)

So, considering the facts mentioned above and the nature of job requires, we humble request that –

* The scales of Publicity Inspectors should be revised and fixed to higher scales in sixth Pay Commission as compared to the scales already given to the cadres of Law Assistants in the fifth pay commission.

* Publicity Inspectors should be considered to be eligible to apply for Group ‘B’ selections in Personnel/Commercial department also.

* The designation of Publicity Inspectors in PR department should be changed to Public Relations Inspector, which is more relevant to the department and to the nature of job.

Hope the matter will be looked into sympathetically to uphold the justice.

Yours faithfully,


(Y.K.Sharma)
Secretary General
Copy for information and necessary action to:
Chairman Railway Board, New Delhi.
Member Staff, Railway Board.
Finance Commissioner, Railway Board.
Congratulations PRI’s
Sixth Pay Commission Report
Page No. 519

Demands – Public Relation Inspectors
7.36.28 The present cadre of Public Relation Inspectors is as under:-
Publicity Inspector Rs.4500-7000
Senior Publicity Inspector Rs.5000-8000
Chief Publicity Inspector Rs.6500-10500
7.36.29 Introduction of a new senior supervisory grade for Publicity
Inspector has been sought. A demand has been raised for re
designation as Asst. Information Officers- Gr. III, Gr. II & Gr. I.
Library Allowance or Institutional Library Membership has also
been sought. Monetary benefit or compensatory leave in lieu of
working on holidays/nigh shift has been demanded.
Recommendations- Public RelationInspectors
7.36.30 Insofar as the issue of parity of pay scale of Publicity
Inspectors (Rs.4500-8000) with Personnel Inspectors (Rs.5000-8000)
is concerned, it is seen that employees with five years Group C
service and a graduate degree are eligible for selection to this post.
This means that a person having a graduate degree and five years
service in the scale of Rs.950-1500 can also be appointed directly as
Publicity Inspector in the scale of Rs.4500-7000. A higher jump may
not be justified. The Commission, accordingly, recommends that
Publicity Inspectors may be granted only the corresponding
replacement pay band PB-1 of Rs.4860-20200 along with a grade
pay of Rs.2800. Direct recruitment of graduates takes place at the
level of Senior Publicity Inspectors. Apart from the recruitment
qualifications, the duties attached to the post are also onerous. As
such, a higher scale on par with Assistants/analogous posts is
justified in their case. In any case, Commission has recommended
merger of the scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-
10500. Senior Publicity Inspectors will, therefore, automatically be
placed in the revised pay band PB-2 of Rs.8700-34800 along with
grade pay of Rs.4200 corresponding to the pre-revised pay scale of
Rs.6500-10500. In consonance with the principle adopted that, as
far as possible, Group C cadres in Railways should have the apex
Group C scale of Rs.7450-11500, the next higher post of Chief
Publicity Inspector will stand upgraded to the next higher scale of
Rs.7450-11500 corresponding to the revised pay band PB-2 of
Rs.8700-34800 along with grade pay of Rs.4600

7.36.31 Re-designation as Asst. Information Officers is not
desirable as the designation of Group B/A Officers in Railways
are similar and this re-designation will cause confusion. As far as
monetary benefit or compensatory leave in lieu of working on
520
holidays/night shift is concerned, this would lead to similar
demands from other Supervisory categories that fall under the
classification of ‘excluded’ category. Accordingly, the demand
cannot be conceded. As regards grant of Library Allowance, etc., it
is observed that in the present times, almost all information is
available on the internet. Therefore, Institutional Library
Membership or Library Allowance is not warranted for this
category.
MATERIAL OF COURT CASE
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
ORIGINAL APPLICATION NO. ......................../2007
Indian Railway Public Relations Officials Welfare Society & another
................... APPLICANTS
VERSUS
Union of India & others
.................... RESPONDENTS

BRIEF SYNOPSIS

19.01.1995 - Govt. of India (Ministry of Railways) ordered to fill up the posts of PRO or higher post from the Public Relation Cadre who were eligible.
05.06.2003 - Letter issued regarding Officiating promotion of Group B Officers to Senior Seale in Public Relation Department.
16.06.2003 - Govt. of India (Ministry of Railway) Decided to Upgrade 80% of Group B post of all major department (other than Accounts Department) for allotment of higher scale i. e. 8000-13500.
13.09.2004 - Ministry of Railways issued a letter whereby for the purpose of promotion on officiating basic of Group B Officers in senior scale in printing & Stationary, Chemist & Metallurgist, Official Language (Hindi), Law & Public Relation Department.
22.03.2007 - Applicant No. 1 through an application asked to supply certain information.
07.05.2007 - Reply to the questions No. 5, 6 and 7 by the department.
08.06.2007 - Railway Administration conveyed that for the promotion to the administrative grade in Public Relation Department so far no D. P. C. has been constituted.

BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
ORIGINAL APPLICATION NO. ..................../2007
Indian Railway Public Relations Officials Welfare Society & another
............... APPLICANTS
VERSUS
Union of India & of others
............... RESPONDENTS

I N D E X
S. No. Particulars Pages
1. Original Application 1 - 25
2. Schedule-A-List of officers
3. DOCUMENTS :
Ann. A/1 - Set of amended Rules
Ann. A/2 - Order dt. 19.01.1995
Ann. A/3 - Latter dt. 08.06.2007
Ann. A/4 - Reply dt. 07.05.2007
Ann. A/5 - Latter dt. 07.05.2007
Ann. A/6 - Reply to questions No. 5, 6 and 7
Ann. A/7 - Latter dt. 05.06.2003
Ann. A/8 - Latter dt. 13.09.2004
Ann. A/9 - Latter dt. 16.06.2003
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
ORIGINAL APPLICATION NO. ..................../2007

1. Indian Railway Public Relations Officials welfare Society through its Secretary General, V. K. Sharma, Registered Office, 72/42, Patel Marg, Mansarowar, Jaipur- 302020.
2. Ramavtar Sharma S/o Shri B. M. Sharma, A/61, Acharya Vinobe Nagar, Vaishali Nagar, Jaipur.
......................... APPLICANTS

VERSUS
1. The Union of India through General Manager, North western Railway, Headquarter Office, Opposite Railway Hospital, Jaipur.
2. The Railway Board, through its Chairman, Rail Bhawan, Raisina Road, New Delhi - 110001.
3. The Member staff, Railway Board Reil Bhawan, Raisina Road, New Delhi - 110001.
4. The Secretary, Railway Board, Ministry of Railway, Rail Bhawan, Raisina Road, New Delhi.
.................... RESPONDENTS
1 (a) DETAILS OF THE ORDER AGAINST WHICH THE APPLICATION IS MADE :
Office order dated Nill. The Original Application is being preferred for seeking direction to the respondents for holding regular D. P. C. As per the Indian Reilways Public Relations Department, (Group - A and Group-B Posts) Recruitment (Amendment) Rules, 1985 for the P. R. O. Cadre.
(b) SUBJECT IN BRIEF :
Promotion to higher Post (s).
2. JURISDICTION OF THE TRIBUNAL :
The applicant declares that the subject matter is within the jurisdiction of the Tribunal.
3. LIMITATION :
The applicants further declare that the cause of action is also within the limitation prescribed under Rule 2 (1) of A. T. Act. 1988.
4. FACTS OF THE CASE :
I. The for the purpose fo India Original Application, suffice it to state that the applicant No. 1 is a registered society bearing No. 381 Jaipur / 07-08 registered under Registrar, Co-operative Act, 1965. The Society on 05.12.2007 has taken a decision to file the present Original Application through its Secretary General. The applicant No. 2 is a member of the cadre of Public Relation Officer (which will be referred herein as P. R. O.) and at present working on the post of Public Relation Inspector (which will be referred hereinafter as P. R. I.) The alm and object of the applicant No. 1 is to spouce the grievances relating to service conditions like seniority, promotion etc. Due to inaction on the part of the respondents the applicant No. 2 has been stagnated, apart from the above the member of the society though are eligible to be promoted on the next higher post (s) but could not be promoted the D.P.C. for the higher post (s) has not been convened regularly, resultantly the employees from other cadre are occupying the higher/highest post of the cadre, hence this Original Application is being preferred along with a separate application for joining together.
II. That in the Public Relation Department in the Indian Railway the following posts are available :-
(1) Public Relation Inspector/ Photographer (Group C post).
(2) Senior P. R. I. / Senior Photographer (Group C post)
(3) Chief Public Relation Inspector/ Chief Photographer (Group C post)
(4) Public Relation Officer (Group B Post).
(5) Senior P. R. O. (Group A post), and uitment.
(6) Chief Public Relation Officer Administrative Grade Post.
III. That as per the record the cadre strength of the Public Relation Organization of the Railway are as under :-
Grade No. of Posts
(1) JA Brade- scale Rs. 12000-16500- 11
(2) Senior scale Rs. 10000-15200 05
(3) Group B - Rs. 7500-12000 50
(4) Group C - Rs. 4500-7000 to Rs. 6500-10500 150
IV That Hon' ble the President of India while exercising powers conferred by the Proviso 2 of the Article 309 of the Constitution of India makes rules regulating the method of recruitment to Group A and Group B post in the Public Relation, Department of the Indian Railways, which is known and called as, "Indian Railways Public Relation Department (Group 'A' and Group 'B' post), 1982". The above rules were further amended in the year 1985 which are also known as Indian Railways Public Relations Department (Group 'A' and Group 'B' post) Recruitment (Amendment) Rules, 1985. The amendment was notified vide Gazette of India on 27.01.1985. Copy of the set of the Rules as amended is filed herewith and marked as ANNEXURE-A/1.
V. That as per the rules from Group C post promotion are made to Group B post through selection as per the availability of the vacancies. Promotion in the various grades in Group C posts is also made and the cadre controlling authority up to the post of P. R. O. is Zonal Railway and for higher categories the cadre controlling authority is the Railway Board.
VI. That the respondents are in habit of inducting employees of other to the higher posts in the Public Relation Organisation and such employees are continuing since long maring the chances of promotion of the employees working in the Public Relation Department. In this respect the Railway Board time and informed to the concerned C.P. R. Os. to fill up the posts of P.R.O. or higher posts from the Public Relation Cadre who are eligible. To this effect the applicant places on record a copy of order dated 19.01.1995 issued by Government of India. Ministry of Railways (Railway Board) is filed herewith and marked as ANNEXURE - A/2.
VII. That the post of C.P.R.O. (J.A. Grade) is being filled in through D.P.C. on regular basis through a selection. As per the recruitment Rules, 1985, 50% posts of C.P.R.O. is to be filled in by promotion, failing which by transfer on deputation and 50% by transfer on deputation/transfer. The feder post for C.P.R.O. is Senior P.R.O. with 5 Years regular service in the grade and remaining 50% from amonst the officers working in the Ministry of Railways (viz Zonal Railway, Production Units and Railway Board). failing which officers from Central Government/State Government holding analogs posts or with 5 years service on the post in the scale, possessing at least a degree of a recognized University or equivalent and experience of Public Relations, Journalistic or Publicity work. (The period of deputation shall ordinarily not exceed years).
VIII. That at present total cadre strength of CPRO in the Indian Railway all the officers occupying the post are substantive Group A officer of the Indian Railway belonging to different departments other than Public Relation Department. The applicant prepared a list of such officers who are occupying the post of CPRO/ DPR/ JDIP, which is filed herewith and marked as SCHEDULE- A. It is a fact that form the date of notification of the Rules, 1982 up till date no Departmental Promotion Committee met and all the officers shown in Schedule -A are given posting by the General Manager of the respective Zonal Railways. It is also a fact that all the Zonal Railways adopted their own method for promotion from the post of PRO/Sr. PRO/ to the post. The action of the respondent is thus contrary to the statutory rules.
IV. That the applicant No. 1 vide their latter dated 03.05.2007 requested the Railway Administration to furnish the detail of the dates on which the D.P.C. met for promotion/ deputation to the post of CPRO. In reply to the above letter the dated 08.06.2007 that " For the promotion to the administrative grade in Public Relation Department so far no D. P.C. has been constituted". Thus, it is clear that all the CPRO working through out. India posted by the General Manager are illegal in as much as the cadre controlling authority in respect of the CPRO is the Railway Board Copy of the reply letter dated 08.06.2007 is filed herewith and marked as ANNEXURE - A/3.
X That apart from the above, the applicant No. 1 also requested to supply the documents/ record to show that the cadre of Public Relation is an organized cadre. In reply to the above query made by the applicant No. 1 , respondent Administration in the reply dated 08.06.2007 communicated that the cadre of Public Relation is not organized service, meaning thereby the Railway Administration is not recognized the cadre of Public Relation as an organized cadre. The fact is that the Public Relation Cadre is a well organized cadre which governs under the statutory rules made under Article 309 of the Constitution of India.
XI. That the Rules, 1982 as amended in 1985 are holding the field. On the one hand it is replied that the cadre of Public Relation is not an organized cadre and on the other hand the Railway Administration posted number of CPROs. The applicant No. 1 requested to the Administration that the Cadre of PRO is governed under which rules and also demanded the copy of the Rules, in reply it has been conveyed that the Rules, 1982 were further amended in the year 1985 and the copy of the Rules, 1982 as amended in the year 1985 was also supplied. In this view of the matter. It is stated that the Public Relation Cadre is an organized cadre and the plea of the Railway Administration that the Public Relation cadre is not an organized cadre, is contradictory.
XII. That the applicant No. I through an application dated 22.03.2007 asked to supply certain information. In all applicant requested to furnish 7 information but the Public Information officer while replying vide their letter dated 07.05.2007 replied mainly item No. 5 and so far as item NO. -6 and 7. It has been informed that the concerned zonal units has already been informed to furnish the same to the applicant. A copy of the said reply dated 07.05.2007 is filed herewith and marked as ANNEUXRE A/4. Along with the reply dated 7.05.2007 the applicant received certain letters which are as under:-

1. No. of gazetted posts in public Relation Department of Railways :
2. Reply to item No. 5,6 and 7
3. Letter dated 05.06.2003 regarding officiating promotion of Group officers to Senior Scale in public Relation Department.

Copies of the above letters dated 07.05.2007 showing cadre strength, reply to question No. 5, 6 and 7 and letter dated 05.06.2003 are filed herewith and marked as ANNEXURES - A/5, A/6 and A/7 respectively.
From the perusal of the contents made in documents Annexures - A/4 to A/7, it is clearly revealed that there are 3 posts available for Senior Scale (Senior PRO) Scale Rs. 10000 15200 and so fat as JA Orade (CPRO) there are 11 posts are available. It is also admitted position that for Group A and Group B post. The Rules, 1982 as amended in 1985 are only the Rules which are holding field. The post of Senior PRO is to be filled in by promotion failing which by transfer on deputation in consultation with UPSC. It is further cleas that the Railway Administration in view of Railway Board's letter dated 15.06.2003 the General Manager is empowered to clubbed various departments together. The decision taken to together has been taken vide letter dated 05.06.2003 and vide letter dated 13.09.2004. It is made clear that the Railway Board decided to group together the various departments for the purpose of promotion on adhoe basis to the senior scale from amongst Group & officers. The decision taken by the Railway Administration for grouping and according promotion to the senior scale on adhoc basis is contrary to the Rules, 1982 because the competent authority is the Railway Board and in the present situation the power has further been delegated and each Aonal Railways to whom the power of adhoc appointment is given, the are adopting theri own procedure which culminated in further illegality to an much an the employees though senior and otherwise eligible they lost their right of consideration for no fault on their part. The correct procedure is to prepare combined seniority list and then hold the DPC for regular promotion, therefore, the Railway Administration is acting contrary to the statutory rules. In this view of the matter the decision taken by Railway Administration vide letter dated 05.06.2003 is ultra varies being contrary to the statutory rules.

XIII. That in the garb of clubbing of various departments for the purpose of promotion to the senior scale of P.R. Department the Railway Administration is promoting to such candidates who do not belong to Public Relation organisation. To this effect the applicant places on record a copy of letter dated 13.9.2004 issued by the Government of India. Ministry of Railways whereby for the purpose of promotion on officiating basis of Group B officers to senior scale in printing & Stationary, Chemist and Metallurgist. Official language (Hindi) Law and Public Relation Department, is filed herewith and maked as ANNEXURE-A/0.

XIV. That apart form the above, the Government of India, Ministry of Railways ( Railway Roard) vide their letter dated 16.06.2003 decided to upgrade 60% of Group a post of all major departments to their than Accounts Department for allotment of higher scale i.e. Rs. 6000-13500. The public Relation Department is an organised cadre, as per the above letter 80% employees of the Public Relation Department working in Group B post are entitled for the upgraded pay i.e. Rs. 8000- 13500. Since the Railway Administration is not considering the public Relations Department as an organised cadre / service therefore. The benefit of up gradation of 80% of Group B post to the higher scale has been denied. In this view of the matter, the Railway Administration has given step motherly treatment to the Public Relation Cadre without any rhyme and reason. Copy of the above letter dated 16.06.2003 is filed herewith and marked as ANNEXURE - A/9.

XV. That the Railway Departmen is the larggest department of the country and in all fairness it is required that they should follow the procedure laid down under the Rules. Not holding the DPC for promotion to the post of Senior PRO. CPRO and further not considering the PRO cadre as organised cadre, is an action contrary to them an date of the rules. As a matter of fact the action of the respondent Railway Administration is contract to the law laid down by the How we appex court as in cantina of Judgment the Hoable Appex Court observed that in the public Service promotional opportunities should be available in every wing of the services, which generation efficiency in service and fosters the appropriate attitude to grow for achieving excellence in service. in the absence of promotional prospects the service is bound to de-generate and stagnation kills the desire to serve properly. In the present case though promotional prospects are available but the Railway Administration by not holding the OPC for making regular promotion and according adhoc promotions to those who are otherwise not eligible has stagnated the promotional prospects of P.R. cadre. As a matter of fact the officers holding the post of CPRO are the public usurpers.

XVI. That being aggrieved from the action of the Railway Administration in as much as not holding the OPC for the various posts for the P.R. cadre even upto the higher post i.e. CPRO and allowing such officers who are not from the P.R. cadre, has committed a serious illegality, therefore, the society being aggrieved from the action of the respondents, prefers this original applications on the following amongst other grounds :-
5. GROUNDS OF THE ORIGINAL APPLICATION :
A. In the first instance it is submitted that the action of the Railway Administration in as much as not considering the cadre of public Rotation as organized cadre , is illegal. The P.R. cadre is controlled by the Rules, 1982 and the procedure for promotion from loner to higher post is made, despite the rules have not been adhere to, thus the action of the respondents being illegal is liable is to be quashed and set aside.
B. That the Government of India Gibe Annexure – A/9 decided to upgrade 80% of Group B posts of all major department. While issuing the above decision only account Department has been elevated, certainly Public Relation Department is not a part of Account Department. However, the scheme of upgradation has not been made applicable to the cadre of Public Relation Department and as such despite having eligibility the Group B officer of the public Relation Department are deprived from their legitimate claim. The reason for not providing upgradtion to the P.R. cadre is not an organized cadre. In this view of the matter the action of the respondents is also illegal.
C. That from the post of PRO under the Rules, 1982 method has been prescribed. It is the duty of the Railway Administration to prepare a combined seniority list of all the PRO working in the Indian Railways and then made regular appointment through D.P.C. In the present case promotion are made but the same has been made from the employees working in other department by grouping certain departments with the Public Relations Department. Due to wrong application of rules viz grouping of the departments right of promotion of the PRO has been seriously jeopardized, resultant there is a stagnation.
D. That from the post of Senior P.R.O. the promotions are to be made to the post of C.P.R.O. since P.R.O. are not promoted on the post of senior P.R.O., therefore artificially the post of CPRO has been filled in by an author authority who is not competent and promotions are given to those who are not eligible for the post of CPRO. Therefore, the action of the respondents being contrary to the Rules, 1982 deserves to the declared illegal.
E. That apart from the above, the Railway Administration is under an obligation to conduct D.P.C. for the post of Senior P.R.O. and to the post of P.R.O. In case the D.P.C. could have been constituted at the relevant time the working employees in the P.R. Department would have been promoted to the post of Senior PRO and then to the post of CPRO. In the present case the respondents categorically admitted that no OPC has been constituted for the administration grade post so far. Inaction on the part of the Railway Administration is in violation of the fundamental right of the employees of the P.R. Department and as such it is in clear violation of Article 16 of the Constitution of India.
F. That time and again the Hon able Apex Court and the various Benches of Central Administration Tribunal rutled that there should not be stagnation in the promotion opportunities. Prospect of promotions are available but due to ill action on the part of the respondents, the same has not acted upon. In case the promotions are made Umbel that appropriate attitude to grow for achieving excellence in services. In absence of promotion the services is bound to de- generate and such artificial stagnation kills the desire to serve property. This is what happened in the present case. Therefore, the action of the respondents being malice infect as well as malice in law, deserves to be declared illegal.
G. That the officers holding the post of CPRO as motioned in Schedule. A they are not eligible to be considered for the higher post of the department. A part from the point of incompetence of the authority all the officers holding the post of CPRO
are public.Usurpers. On this ground alone the action of the respondents can be held illegal.
H. That the other legal grounds, as may be deemed proper, will be raised at the time of hearing with the permission of the Honable Tribunal.
6. DETAILS OF THE REMEDIES EXHAUSTED :-
That there is no remedy against the impugned order is available to the humble applicants.
7. MATTER NOT PERVIOUSLE FILED OR PENDING WITH ANY OTHERCOURT :
The applicants further declare that they had not previously filed any application, writ petition or suit regarding the matter, in respect of which this application has been made, before any court or any other authority or any other Bench of the Hon’ble Tribunal nor any such application, writ petition or suit is pending before any of them.

8. RELIEF SOUBHT :
It is, therefore, prayed that the Hon’ble Tribunal may kindly call for and examine the entire record relating to this case and by an appropriable writ, order or direction:
1) Respondents may be directed is conduct D.P.C. for the Public Relation Department year wise. The officials working in the Group B posts through out India, combined seniority list may be directed to prepare and then regular promotions to the post of Senior P.R.O. and C.P.R.Os. may be ordered all consequential benefits. Further a direction may be issued to the respondents to consider the Public Relation Cadre as an organised cadre and theme who are eligible he should be given promotion including the benefit of usurpation of 80% of Group B Post to the higher pay scale of Rs. 8000-13500 with all consequential benefits. The Scheme introduced by the Railway administration for grouping of certain departments may also be declared illegal. The Chief Public Relation Officers holding the post, they may be restrained to function forthwith.
ii) the Original Application may kindly be allowed with costs.
iii) any other relief to which the applicants are found entitled, in the facts and circumstances of the present case, may also be granted in favour of the applicants.
9. INTERIM ORDER, IF ANY PRAYED FOR :
That in the facts and circumstances of the present case it is an admitted position that the respondents have not constituted D.P.C. as per the Rules, 1982 for administrative grade post. It is, therefore, prayed that the respondents may be directed not to fill the post of senior P.R.O. and C.P.R.O. without considering the candidature of the members of the cadre of Public Relation Department.
10. PARTICULARS OF BANK DRAF/ POSTAL ORDER FILED IN RESPECT OF THE APPLICATION FEE :
i) Name of Bank/Post office :
ii) Date of issue :
iii) Amount :
iv) No. of Draft/Postal Order :
11. LIST OF ENCLOSURES :
As per Index:

JAIPUR HUMBLE APPLICANT
DATED

THROUGH COUNSEL:

(P.V. CALLA/ SMT.KIRAN KALLA/ SHIV SHANKER CHOUDHARY) ADVOCATES

VERIFICATION :
1. Y.K. Sharma s/o Dr. Ramesh Kumar Sharma, aged about 43 years, at present working on the post of Public Relation Officer, Headquarter Office, N.W.R., Jaipur, Secretary General, Indian Railway Public Relation officers welfare Society, 72/46, Patel Marg, Mansarowar, Jaipur -302020, do hereby verify that the contents of Para No. 1 to 11 of the above Original Application are believed to be true and correct to the best of my knowledge. Nothing material has been concealed therein and no part of it is false.

SO HELP ME GOD,

APPLICANT
THROUGH COUSEL :
(P.V. CALLA/ SMT. KIRAN KALLA
SHIV SHANKER CHOUDHARY) ADVOCATED

BEFORE THE CENTRAL ADHINISTRATIVE TRIBUNAL
JAIPUR BENCH JAIPUR
MISC. APPLICATION NO ………………./2007
IN
ORIGINAL APPLICATION NO…………………/2007
1. Indian railway Publish relations officials welfare society through its secretary general, y. k.sharma , registered Office, 72/46, patel marg, mansarowar, jaipur -302020
2. Ramavtar Sharma S/o Shri B.M. sharma, A/61, acharya vinoba nager, vaishali nager, jaipur .
………..APPLIICANTS
VERSUS
1. The unio of India through general manager, North western railway, headquarter office, opposite railway hospital, jaipur.
2. the railway board, through its chairman, rail bhawan, raisind road, new delhi -110001.
3. the member staff, railway saord, rail Bhawan, raisina road, new delhi -110001.





BEFORE THE CENTRAL ADHINISTRATIVE TRIBUNAL
JAIPUR BENCH JAIPUR
MISC. APPLICATION NO ………………./2007
IN
ORIGINAL APPLICATION NO…………………/2007

Indian railway public relations officials
Welfare society & another
…………..APPLICATION

VERSUS
Union of India & others
……………….RESPONDFNTS

INDEX
…………………………………………………………………………
S. NO. Particulars pages
…………………………………………………………………………
1. Misc,application for hoining together
…………………………………………………………………………..
COUNSEL FOR THE APPLICANTS
JAIPUR
DATED

The secretary, railway board , ministry of railway, rail bhawan, raisine road, new delhi.
……… RESPONDENTS

MISC. APPLICATION FOR JOINING TOGETHER

The humble applicants most respectfully submit this misc. application as under: -

1. That for the purpose of this application suffice it to say that for the commo0n cause applicants filed the above original application seeking reloer on the mane facts and grounds.
2. that to aviud multiplicity the original application has been filed join

It is, therefore, most humbly prayed that this misc, application for joining together may kindly be allowed and the applicants be permitted to prosecute this original application jointly.

HUMBLE APPLICANTS
JAIPUR
DATED
THROUGH COUNSEL

(P. V. CALLA/ SMT. KIRAN KALLA/ SHIV SHANKER CHOWDHARY)ADVOCATES

VERIFICATION

1. K. Sharma S/o Ramesh kumar sharma, aged about 13 years, at present working on the post of public relation officer, headquarter office, N.W.R. ,Jaipur ,Secretry Beneral ,Indian railay public Relation officers welfare Society ,72/46 , patel marg ,mansarowar , jaipur - 302620 ,do hereby verify that the contente of para n0. 1 and 2 of the above mist. Application are believed to be true and correct to the best of my knowledge. Nothing material has been concealed therein and no part of it is false .

SO HELP ME GOD.

APPLICANT

THROUGH COUNSEL :

(P. V. CALLA/SMT. KIRAN KALLA/
SHIV SHANKER CHOWDHARY)
ADVOCATES
Case Regarding Misc. Cadre
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR

ORIGINAL APPLICATION NO. 508/2008.
Y.K. SHARMA ............APPLICANT
VERSUS
UNION OF INDIA & ORS. ...............RESPONDENTS
INDEX

S.NO.
PARTICULARS
PAGE NO.
1
MEMO OF OA
1-10
2
DOCUMENTS:

ANN.-1 COPY OF THE NOTIFICATION DT. 16.06.2003
11-13

ANN.-2, COPY OF THE REPRESNTATION DT. 23-02-07
14

ANN.-3 COPY OF THE REPLY DT. 12-07-2007
15

ANN.-4, COPY OF THE REPLY UNDER THE RTI Act.
16

ANN.-5 COPY OF THE APPLICATION UNDER THE RTI Act.
17

ANN.-6 COPY OF THE REPLY DATED 05-11-08
18

COUNSEL FOR THE APPLICANT
JAIPUR
DATED : 26.12.2008



BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL JAIPUR BENCH, JAIPUR
ORIGINAL APPLICATON NO. ................./2008
BETWEEN
Y.K. SHARMA
S/O SH. R.K. SHARMA,
AGE 40 YEARS,
R/O 72/46 PATEL MARG, MANSAROVAR, JAIPUR PRESENTLY WORKING AS P.R.O. AT JAIPUR.
...........APPLICANT
VERSUS
1. Union of India, through Secretary, Railway Board, New Delhi.
2. General Manager, North Western Railway, Jaipur.
3. Divisional Railway Manager, North Western Railway, Jaipur.
.............Respondents
DETAIL OF THE APPLICATION
1. PARTICULRS OF THE ORDERS AGAINST WHICH THE APPLICATION IS MADE :
The present original Application is being filed by the applicant feeling aggrieved from the decision taken by the respondents to not to extend the benefit of upgradation of 80% of group "B" posts of all major departments to the applicant as he belongs to the Public Relation organization. He is also aggrieved from the categorization of organized and unorganized cadre.
2. JURISDICTION OF THE TRIBUNAL
The Applicant declared that the subject matter is with in jurisdiction, prescribed in Section 14, of the Administrative Tribunal Act, 1985.
3. LIMITATION
That the Application further declares that the present original Application is being filed within the limitation period prescribed in Section 21 of the Administrative Tribunal Act. 1985. The applicant is suffering from the recurring cause of action and under challenge is a policy decision of the respondents due to which the applicant is continuously suffering. The applicant is continuously getting the lesser salary and employees equivalent to him are getting higher scale.
4. FACTS OF THE CASE
The brief facts giving rise to the present original Application are as under :-
1. That the applicant was initially appointed on group "C" posts of P.R.I. in the year 1991. Thereafter the applicant was promoted to the post of CPRI in the scale of 6500-10500 in the year 1992 and thereafter on group "B" post of PRO in the scale of Rs. 7500-12000 in the year 1996.
2. That the service condition of the applicant is governed by the Indian Railway Public Department (group A and group B posts) Recruitments Rules, 1982. The Railway Board initially in the year 1982 issued a notification for the upgradation of 80% of group "B" posts of accounts departments. Vide that notification employee working on group B posts in the accounts department were given the scale of 8000-13500 after the completion of minimum of three years of services. In continuation of that another notification was issued on 25.04.03 to allot the scale of Rs, 8000-13500 to 80% of the group B officers on roll of all the other organized services. i.e. other than the accounts department. Vide the circular dated 16.06.03 the procedure was prescribed for the allotment of the higher scale in the other organized services as per the notification dated 25.04.03. This decision to allot the higher pay scale of Rs. 8000-13500 to 80% of group "B" officers on roll was taken for the so-called Organized Services only. The copy of the circular dated 16.06.03 is annexed and marked as Annexure A-1.
3. That the employees of the public Relation cadre working in the Northern Railway submitted a joint representation of the General Manager Northern Railway for granting the benefit of notification dated 25.04.03 to the cadre of public Relation also. The copy of the representation dated 23.02.07 is annexed herewith and marked as Annexure-A-2. The aforesaid representation was forwarded to the Railway Board as is contains the policy matter, The railway board vides communication dated 12.07.07 informed that the benefit of higher scale is admissible only to the organized services and, not to the misc. cadres including the PR cadre. The copy of the communication dated 12.07.07 is annexed and marked as Annexure A-3.
4. That thereafter the applicant moved an application under the right to information Act. seeking information about the PR cadre. He asked for the supply of relevant documents related to the PR being an organized cadre there it was informed to him that the aforesaid is not a organized cadre. The copy of the communication provided under the RTI Act. is annexed and marked as Annexure A-4.
5. That thereafter one Sh. RL Gupta submitted another application under the RTI Act. He sought various information regarding the organized cadre and misc. cadre including their meaning. He also asks about the difference in the organized and un-organized services and departments. He also asks that why there are different departments like organized and unorganized. The copy of the application submitted under the RTI Act. is further annexed and marked as Annexure-A-5. The ministry of Railway forwarded the application to DOPT and DOPT vide communication dated 05.11.08 informed that there are no specific instructions about these cadres. The copy of the reply given on 05.11.08 under the RTI Act. is further annexed and marked as Annexire-A-6. That reply dated 05.11.08 reveals that there is no specific distinction between the organized and un organized department and services. It also suggests that the benefits of higher scale vide notification dated 25.04.03 has wrongly been denied to the applicant.

Feeling aggrieved from the impugned action of the respondents whereby they have treated the cadre of the applicant as unorganized and declined the benefit of the higher scale and upgradation to the applicant he submits the present original application on the following grounds amongst others.
5. GROUNDS FOR RELIEF WITH LEGLA PROVISIONS:-
1. That the impugned action of the respondent is liable to be deprecated as the same is illegal, arbitrary, unjust and violative of the article 14, 16 and 21 of the constitution of India. Therefore, the present original application deserves to be allowed.
2. That the present original application further deserves to be allowed for the reason that the benefits of the upgradation were denied to the application and PR cadre only on the ground that they are in misc. cadre which legally does not exist. The DOPT has clarified that there are no specific instruction about the Misc. cadre of organized and unorganized cadre. It further suggests that differentiation made by the respondents on the issue of misc. cadre and unorganized service was unfounded. As there is no such differentiation between the organized and un organized services, the respondents on very hypothetical grounds as declined the benefits of the upgradation to the applicant. Therefore the present original application deserves to be allowed.
3. That the present original application further deserves to be allowed for the reason that the respondents have denied the benefits of upgradation to the applicant on the ground that the applicants belongs unorganized service and misc. cadre. The applicant is also rendering the services in the office of respondents as other employees for alleged organized service are rendering. There services are also governed by the statutory rules framed under article 309 of the constitution of India as of other. There is no difference between the employees working in the so called organized cadre and the like wise of the applicant. As such the present original application deserves to be allowed.
4. That in the IREM and Indian Railway Code there is no such qualification and distinction between the organized services and un-organized services. This distinction is also not based on any solid foundation. As no distinction has been made in the IREM and Indian Railway Code between the unorganized services and organized service the applicant is entitled for the higher scale as per notification dated 25.04.2003.
5. That article 14 of the constitution contains a guarantee of equality before the law to all its citizens and a protection to them against the discrimination by any law. It is well settled that to treat one person differently from another when there was no rational basis for doing so the same would amount to arbitrary and thus discriminatory. It also became apparent that to treat a person or class of persons unfairly would be an arbitrary act amounting to discrimination forbidden by article 14. The facts pertaining to the case of applicant would reveal that almost all the similarly situated employees who have been performing duty alongside applicant have been allowed the benefit of upgradation by allotment of the higher scale. The benefit has been denied to the applicant without any rational basis. As the impugned action of the respondents violates the provision of article 14 of the constitution of India. therefore the present application deserves to be allowed.
6. That the application is similarly situated employee to those who have been allowed the benefit of upgradation by allotment of the higher scale. In fact, some junior employees working on group B posts appointed later to the applicant there as been allowed the benefits of upgradation and as such they are drawing higher pay from the applicant which is contrary to the service jurisprudence. No junior person can draw higher pay to his senior. After the reply of DOPT it is evident that there is no distinction between the application and his PR cadre and in the other so called organized cadre. In view of the fact that no distinction has been made by the DOPT in the two so-called different services, the present application deserves to be allowed.
7. That it is well settled principle of law that it is not proper to grant a specific relief to one class only while denying it to other. Once a benefit having once been given to the class of employees same cannot be denied to a few while allowing other to continue to enjoy the same benefit. This would amount to individual discrimination. On this principle of law also the OA of the applicant deserves to be allowed.
8. That it is settled law that the employer considers equals equally for all purposes. In the present case, being similarly situated to those employees to whom the benefits of upgradation has been given. The respondents has denied the lawful rights to the application for which he was entitled for which has been disallowed to him. In this view of the matter the action of the respondents being discriminatory to the core deserves to be quashed and set aside.
That the other ground will be urged at the time of hearing.
6. DETAIL OF THE REMENDIES EXHAUSTED:-
That Applicant has exhausted all the available remedies available to him under the provisions of the service Rules.
7. MATTER NOT PERVIOUSLY PENDING BEFORE ANY OTHER COURT OF LAW :-
The applicant further that he had not previously filed any application, writ petition or suit regarding the matter in respect of which this application has been made, before any court or any other authority or any other Bench of the Tribunal non any such application, writ petition or suit is pending before any of them.
8. RELIEF SOUGHT
In view of the facts circumstances and grounds mentioned in above Para's of the Original.
Application the applicant most humble prays for the following relief:-
(A) By an appropriate other the Hon'ble Tribunal may kindly call for and examine the entire records relating to this case and by an appropriate other or direction the respondents may be directed to give the benefits of the notification dated 25.04.03 to the applicant with retrospective effect. All the orders and communication issued from time to time denying the aforesaid benefits may kindly be declared illegal contrary to the principles of natural justice and being contrary to the facts and be declared perverse. The respondents be directed to give the applicant all the arrears and consequential benefits with interest @ 18 % per annum.
(B) In alternate the applicant's services may also be declared as organized services and he may be allowed the the consequential benefits. The respondents may be directed to give the applicant all the arrears and consequential benefits with interests @ 18 % per annum.
(D) By any other relief which is found is just fit and proper in the facts and circumstances of the case any very kindly be passed in favour of the applicant by this Hon'ble Tribunal.
9. INTERIM RELIEF IF ANY PRAYED FOR:-
NOT PRAYED FOR AT PRESENT
10. IN THE EVENT OF APPLICATION BEING SUBMITTED BY POST
N.A
11. DETAILS OF THE POSTAL ORDER
(i) Name of the issuing Post Office....................
(ii) no. of postal order........................................
(iii) Date of issue of postal order..........................
(iv) Amount of postal orders................................

12. LIST OF ENCLOSURES
AS PER INDEX
VERIFIACATION

I, Y.K. SHARMA
S/O SH. R.K. SHARMA,
AGE 40 YEARS,
R/O 72/46 PATEL MARG, MANSAROVAR, JAIPUR PRESENTLY WORKING AS P.R.O. AT JAIPUR do hereby submits that I am the applicant in the accompanying original application and I am conversant with the contents of the application. I do verify on oath that the contents of the application are true and correct to my personal knowledge. I have not suppressed any matter facts. I do verify that the true typed copies/ Photostates are the true copies of the original documents. May God help me.
Sworn and signed before me.

Deponent
Signature of the Applicant.
Place
Dated:

Cowarrando Case regarding promotion in JA Grade in Rajasthan High Court
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

D.B. CIVIL WRIT PETITION NO………/2009

1. Indian Railway Public Relations Officials Welfare Society through its Treasurer, Gopal Sharma, registered office 72/46, Patel Marg, Mansarovar, Jaipur-302020.

2. Y.K. Sharma S/o Dr. R.K. Sharma, aged about 43 years, at present working as P.R.O., Northern-Western Railway, Headquarter, Jaipur, R/o 72/46, Patel Marg, Mansarovar, Jaipur-302020.
PETITIONERS
V/S

1. The Union of India through the Secretary, Railway Board Ministry of Railway Bhawan, Raisina Road, New Delhi.
2. The Railway Board through its Chairman, RAilway Bhawan, Raisina Road, New Delhi.
3. The Union Public Service Commissioner through its Secretary, New Delhhi.
4. The Member Staff Railway Board, Rail Bhawan, Raisina Road, New Delhi-110001.

5. Shri G. L. Meena, C.P.R.O. and CCM-G, North Western Railway, Headquarters, Jaipur.

6. The General Manager, North Western Railway, Headquarters, Jaipur.

7. Shri A.K. Chandra, CPRO. Dy. General Manager, Headquarters, Hajipur.
8. The General Manager, East Central Railway, Headquarters, Hajipur (Bihar).
9. Shri R.D. Vajpai, CPRO, North Central Railway, Headquarters, Allahabad(U.P.).
10. The General Manager, North Central Railway, Headquarters, Allahabad (U.P.).
11. Shri Anil Kr. Singh, CPRO, North Eastern Railway, Headquarters, Gorakhpur (U.P.)
12. The General Manager,North Eastern Railway, Headquarters, Gorakhpur (U.P.)
13. Neenu Ittyerah, CPRO, Southern Railway, Headquarters, Channai.
14. The General Manager, Southern Railway, Headquarters, Channai.
15. Shri S.C. Mudgerikar, CPRO, Central Railway, Headquarters, Mumbai.
16. The General Manager, Central Railway, Headquarters, Mumbai.
17. Shri Anant Swaroop, CPRO, Northern Railway, Headquarters, New Delhi.
18. The General Manager, Northern Railway, Headquarters, New Delhi.
19. Shri S.S. Gupta. CPRO, Western Railway, Headquarters, Mumbai.
20. The General Manager, Western Railway, Headquarters, Mumbai.
21. Shri Chandrima Roy, CPRO, South Central Railway, Headquarters, Secunderabad.
22. The General Manager, South Central Railway, Headquarters, Secunderabad.
23. Shri Rajneesh Tomer, CPRO, West Central Railway, Headquarters, Jabalpur.
24. The General Manager, West Central Railway, Headquarters, Jabalpur.
25. Shri A.Gupta, DGM/CPRO, South East Central Railway, Headquarters, Bilaspur.
26. The General Manager, south East Central Railway, Headquarters, Bilaspur.
27. Shri B.S. Dasarathi, CPRO, South Western Railway, Headquarters, Hubli.
28. The General Manager, South Western Railway, Headquarters, Hubli.
29. Shri J.P. Mishra, DGM/CPRO, East Cost Railway, Headquarters, Bhubaneshwar.
30. The General Manager, East Cost Railway, Headquarters, Bhubaneshar.
31. Shri Amitava Chaudhary, CPRO/Dy. G.M., Chitranjan Locomotive Works, Chitranjan, West Bengal.
32. The General Manager, Chitranjan Locomotive Works, Chitranjan, West Bengal.
33. Shri Shivendra Mohan, CPRO/Secretary, Diesel Locomotive Works, Varanasi (U.P.)
34. The General Manager, Diesel Locomotive Works, Varanasi (U.P.)
35. Shri Gurujit Singh, Senior PRO, Rail Coach Factory, Kanpurthala (Punjab.)
36. The General Manager, Railway Coach Factory, Kapurthala (Punjab.)
37. Smt. Seema Sharma, Director, Information and Publicity Railway Board, Rail Bhawan, Raisina Road, New Delhi-110001
38. Shri S. Hajong, North Fronter Railway, Ghohaty
39. The General manager, North Fronter Railway, Ghohaty
40. The Central Administrative Tribunal, Jaipur Bench, Jaipur.
RESPONDENTS

D.B. CIVIL WRIT PETITION UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA;
AND
IN THE MATTER OF INDIAN RAILWAYS PUBLIC RELATIONS DEPARTMENT (GROUP-'A' & 'B' POSTS) RECRUITMENT RULES, 1982;
AND
IN THE MATTER OF PROMOTION TO GROUP-'A' POST I.E. SENIOR P.R.O. & C.P.R.O. AS PER THE RULES, 1982.
To,
Hon'ble Shri Jagdish Bhalla, The Chief Justice and his other Companion Judges of this High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur.

MAY IT PLEASE YOUR LORDSHIPS,
The humble petitioners most respectfully beg to submit as under:-
1. That the petitioners are office bearer of Indian Railway Public Relations Officers Welfare Society. Both the petitioners are working on the post of Public Relations Officer under the General Manager, North-Western Railway. The petitioners preferred an Original Application jointly before the Central Administrative Tribunal, Jaipur Bench, Jaipur (which will be referred hereinafter as 'Tribunal') seeking the following reliefs:-
(I) The official respondents may be directed to prepare a combined and common seniority list of PRO (Public Relations Officers) on the basis of which the promotion on the post of Senior P.R.O. (Senior Public Relations Officers may be ordered to be make from the date they become eligible and further the respondents may be directed to conduct the DPC for promotion to the post of CPRO (Chief Public Relations Officer).
(II) by an appropriate writ in the nature of Quo-Warranto the appointment / posting in respect of private respondents on the post of Senior PRO and CPRO may kindly be declared illegal and will the official respondents may be restrained to take work of Senior PRO and CPRO who are not from the cadre of Public Relations Department.

2. That the Original Application filed by the applicants in O.A. / petitioner was registered as O.A. No.200/2009 the society is a registered society bearing their registration No.381 Jaipur / 07-08 registered under the Registrar, Cooperative Society, Cooperative Act, 1965 having registered office at 72/46, Patel Marg, Mansarovar, Jaipur-302020. The filed of operation of the society is through-out India. The aim and object of the society is to raise voice for redressal of grievances of All India Employees of Indian Railways, who are the member of Public Relations Department.

3. That the precise grievance of the society is that despite the definite rules framed under Article 309 of the Constitution of India the official respondents on the one hand not considering the members of the society for promotion to group-A post and on the other hand the employees working in the another department of the Railways are being posted / appointed to group-A post without any authority under the Rules rather contrary to the Rules, 1982.

4. That in the Public Relations Department in the Indian Railways various posts are available. The post of Senior Public Relations Officers and Chief Public Relations Officers fall under group-A posts. In respect of posts fall in group-A the relevant Rules are known as Indian Railways Public Relations Department (Group-'A' & Group-'B' Post) Rules, 1982 (which will be referred hereinafter as 'Rules, 1982') to this effect a Gazette of India was published which was placed on record before the learned Tribunal as Annexure-A/5.

5. That as per the record the strength of the Public Relations Officers Organization of the Railways are as under:-
---------------------------------------------------------------Name of Post Grade No. of Post
---------------------------------------------------------------
JA Grade 12000-16500 11
Sr. Scale 10000-15200 5
Group-'B' 7500-12000 50
Group-'C' 4500-7000 to 150
6500-10500
-----------------------------------------------------------
For the purpose of promotion to Group-A post the Feeder Post is Group-B post. As per the Rules it is incumbent upon the Railway Administration to prepare a combined seniority list of Group-B officers working through-out India and on the basis of the combined seniority list of group-B post promotion to group-A post is being accorded.

6. That the competent authority in respect of promotion to group-A post is Railway Board and as per the Rules, 1982 the promotion can only be given from the officials working in the Public Relations Department if number of candidates are available who are eligible, failing which as per the Rules. From the perusal of the Rules it is nowhere mentioned that any officer of the Railway working in other department and having no experience of the Public Relations can be posted/ appointed on any post in the Public Relations Department particularly to a group-A post but Railway Administration de-hors the Rules posted the private respondents who are not related with the Public Relations Department to group-A post. In case the regular promotions from Group-B post to Group-A post is accorded this is the Public Relations Officers, who are eligible are bound to be promoted to Senior P.R.O. and P.R.O. In this respect Indian Railway Public Relation Officials Welfare Society preferred an Original Application before the learned Tribunal assailing the action of the Railway Administration whereby the officials belonging to other than Public Relations Department posted on working arrangement basis for group-A post. The above O.A. has been registered as O.A. No.129/2008 wherein only official respondents have been impleaded as a party-respondents. The above O.A. is pending for adjudication before the Tribunal.

7. That vide order dated 19.5.2007 one Shri Gurjeet Singh, who is originally belonging to Mechanically Department has been promoted as Senior P.R.O. on ad-hoc basis. It is the grievance of the society that despite having eligible officials belonging to Public Relations Department an officer belonging to other department has been promoted to Group-A post (as Senior P.R.O.) the society preferred an O.A. impleading all the officials working in Indian Railway in group-A post and the officer who were promoted them was not competent authority to promote them and original application was preferred impleading all such officials (official as well as private respondents) praying therein to restrain such officials to work. A copy of the Original Application alongwith documents (Annexure-A/1 to A/16) is filed herewith and marked as EXHIBIT-1.
8. That on 18.5.2009 the above O.A. was listed for admission, however the same was adjourned for 20.5.2009, the reason for adjournment was that the learned Tribunal expressed that the Tribunal has no jurisdiction to entertain the matter in respect of the employees and authorities, which are outside the jurisdiction of this Tribunal, who have been impleaded in the present Original Application. It is further opined by the learned Tribunal that since the matter has been filed by the Society through its Treasurer Shri Gopal Sharma, whether he is competent to file such application on behalf of the Society or not in terms of the Bye-Laws framed by the Society.

9. That on 20.5.2009 on behalf of the applicant-petitioners produced a copy of the Bye-Laws framed by the Society alongwith a resolution, wherein it is stipulated that the Treasurer is authorize to file Original Application. Apart from the Treasurer as applicant No.1 one Shri Y.K. Sharma, who is the Secretary General of the Society also joined the proceedings. The learned Tribunal instead of hearing the matter on merits dismissed the Original Application in limine holding that the Original Application has been filed by the Treasurer on behalf of the Association and there is no provision to file such Original Application by the Treasurer on behalf of the Society. The learned Tribunal further observed that they have no jurisdiction to issue Writ of Quo-Warranto in respect of respondents who are admittedly outside the territorial jurisdiction of the Tribunal and as such the Original Application was dismissed. A copy of the order dated 20.5.2009 is filed herewith and marked as EXHIBIT-2.
10. That being highly aggrieved from the order dated 20.5.2009 (Ex-2) the petitioners preferred this writ petition on the following amongst other grounds:-

GROUNDS
A. Because in the first instance it is submitted that the learned Tribunal has erred in dismissing the Original Application on the ground of territorial jurisdiction. It is a fact that the registered office of the society is at Jaipur and only members of the Public Relations Department of Indian Railway have faith in their society. On behalf of the society an authorized office bearer filed the Original Application, which cannot be said to be an unauthorized person. If the finding of the Tribunal is accepted no employee working at Jaipur jurisdiction can file any application against an officer who has been promoted contrary to the Rules and posted outside of the Jaipur jurisdiction. The finding recorded by the learned Tribunal is not logical and the same deserves to be declared illegal.
B. Because apart from the above it is not in dispute that the competent authority in respect of promotion to the group-A post is the Railway Board. All the promotions / posting accorded to the private respondents is not by the competent authority. The General Manager of the concerned Railway have no authority to make such appointment despite this fact the promotions have been accorded by the General Manager, which is de-hors the Rules and the private respondents are the public usurper. The post of CPRO is the highest post in the department, which cannot be occupied by an officer, who is not belonging to the Public Relations Department. In this respect time and again this matter was considered and there are instructions not to make such promotions but despite clear instructions of the higher authority the promotions have been made to the officers, who are not competent to hold the post. The Writ of Quo-Warranto can be filed by even stranger, whereas in the present case the applicants in the O.A. are office bearers of the Society which is directly involved regarding the promotions of the members of the society. In this view of the matter the learned Tribunal has ignored the mandate of the rules and the scope of the Writ of Quo-Warranto and in an cursory manner dismissed the O.A., as such the order dated 29.5.2009 (Ex-2) deserves to be quashed and set aside.
C. Because, apart from the above the O.A. No.129/2008, which has been filed by the Indian Railway Public Relations Welfare Society through Shri Y.K. Sharma has been admitted and the same is pending for the adjudication, whereas the present O.A. has been dismissed in limine, this itself shows that the learned Tribunal has not applied its mind before passing the order.
D. That the other grounds will be raised at the time of hearing/ arguments of this case with the permission of this Hon'ble Court.
11. That the petitioners have no other equally efficacious alternative remedy in the matter except to approach this Hon'ble Court under Article 226 of the Constitution of India by filing the present writ petition.
12. That the petitioners have not filed any other writ petition before this Hon'ble Court or before the Hon'ble Supreme Court of India.
PRAYER
It is, therefore, most respectfully prayed on behalf of petitioner that the writ petition may kindly be allowed and:-
I. by issuing an appropriate writ, order or directions the order dated 20.5.2009 (Ex-2) may kindly be quashed and set aside and the Original Application filed by the applicants/petitioners (O.A. No.200/2009) may kindly be allowed with costs.
II. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners.
III. Costs of the writ petition may kindly be awarded to the petitioners.
INTERIM RELIEF
In view of the above facts and circumstances most humbly prayed that during pendency of the writ petition the official respondents may be directed not to accord promotion / appointment on the post of Senior P.R.O. and C.P.R.O. without considering the candidature of the eligible officers of the Society.
Any other interim relief which is deemed just and proper by this Hon'ble Court may also be passed in favour of the petitioners.
JAIPUR
DATED:
HUMBLE PETITIONERS
THROUGH COUNSEL;

(P.V. CALLA)
ADVOCATE




NOTES:
1. That no such writ petition has been filed by the petitioner earlier to it in the present matter. This is D.B. Civil Writ Petition, as vires of order of learned Central Administrative Tribunal is under challenge.
2. That extra copies, P.F. and notices will be furnished within stipulated time.
3. That since pie papers were not readily available so it has been typed on stout papers.
4. That it has been typed by my personal Steno in my office.

COUNSEL FOR THE PETITIONERS


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.
D.B. CIVIL WRIT PETITION NO………../2009

INDIAN RAILWAY PUBLIC RELATIONS OFFICIALS WELFAE SOCIETY & ANR.
VERSUS
UNION OF INDIA & ORS.
AFFIDAVIT IN SUPPORT OF WRIT PETITION

I, Gopal Sharma S/o Shri ……………….., aged about …. years, Treasurer, Indian Railway Public Relations Officials Welfare Society, registered office at 72/46, Patel Marg, Mansarovar, Jaipur, do hereby take oath and swear as under:-
1. That I am the treasurer of the petitioner No.1 Society and I am well acquainted with all the facts of this case.
2. That the annexed writ petition has been drafted by the counsel under my instructions, the contents whereof have been readover and understood well by me.
3. That the contents of para No.1 to 12 of the writ petition, so far as it relates to the facts are true and correct as per my knowledge and legal averments are true and correct as per legal advice of the counsel.
JAIPUR.
DATED:
DEPONENT
VERIFICATION
I, the above named deponent do hereby verify that the contents of para No.1 to 3 of the above affidavit are believed to be true and correct to the best of my knowledge. Nothing material has been concealed therein and no part of it is false. SO HELP ME GOD.

DEPONENT


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

D.B. CIVIL WRIT PETITION NO………../2009

INDIAN RAILWAY PUBLIC RELATIONS OFFICIALS WELFAE SOCIETY & ANR.

V/S
UNION OF INDIA & ORS.

AFFIDAVIT IN SUPPORT OF DOCUMENTS

I, Gopal Sharma S/o Shri ……………….., aged about …. years, Treasurer, Indian Railway Public Relations Officials Welfare Society, registered office at 72/46, Patel Marg, Mansarovar, Jaipur, do hereby take oath and swear as under:-
1. That I am the treasurer of the petitioner No.1 Society and I am well acquainted with all the facts of this case.
2. That the annexed writ petition has been drafted by the counsel under my instructions, the contents whereof have been readover and understood well by me.
3. That the enclosed documents, Exhibit-1 of the writ petition is a true and correct photo copy of its original and Exhibit-2 is a certified copy.
JAIPUR
DATED:
DEPONENT
VERIFICATION
I, the above named deponent do hereby verify that the contents of para No.1 to 3 of the above affidavit are believed to be true and correct to the best of my knowledge. Nothing material has been concealed therein and no part of it is false. SO HELP ME GOD.

DEPONENT



IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

D.B. CIVIL WRIT PETITION NO………../2009

INDIAN RAILWAY PUBLIC RELATIONS OFFICIALS WELFAE SOCIETY & ANR.

V/S
UNION OF INDIA & ORS.


I N D E X

S.NO.
PARTICULARS
PAGE NO.
1.
WRIT PETITION

2.
AFFIDAVIT IN SUPPORT OF THE WRIT PETITION

3.
DOCUMENTS:

EXHIBIT-1
PHOTO COPY OF ORIGINAL APPLICATION

EXHIBIT-2
CERTIFIED COPY OF ORDER DT.20.5.2009

4.
AFFIDAVIT IN SUPPORT OF DOCUMENTS


JAIPUR.
DATED:
COUNSEL FOR PETITIONERS


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

D.B. CIVIL WRIT PETITION NO………../2009

INDIAN RAILWAY PUBLIC RELATIONS OFFICIALS WELFAE SOCIETY & ANR.

V/S
UNION OF INDIA & ORS.

SYNOPSIS

1. 13.9.2004- Ministry of Railways issued a letter regarding promotion of Group B officers to Senior Scale in various departments.
2. 19.5.2007- Respondent No…. was promoted as Senior P.RO. on adhoc basis.
3. 8.6.2007- In reply to letter dated 22.3.2007 the respondents vide their letter.
4. 3.6.2008- Railway Board's letter from which it reveals that in Railways posting of CPROs is being made by the Zonal Railways.
5. 22.12.2008- Respondent No… has been posted to his regular cadre (CFTM) in NWR but still he is looking after the work of CPRO.
6. 20.5.2009- The O.A. filed by the applicants has been dismissed by the learned C.A.T. (respondent No.40)
Hence this writ petition.

COUNSEL FOR PETITIONERS



COUNSEL FOR PETITIONERS