P.S.RAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners (four in number) are working as Inspector Generals, Railway Protection Force (hereinafter referred to as "RPF" or "the Force"). The next higher post from the post of Inspector General is the post of Additional Director General, RPF. They seek directions to the respondents to consider them for promotion to the post of Additional Director General, (ADG) RPF, and further directions to restrain the respondents from filling up the post of ADG, by transfer/deputation.

(2.) The facts are that the RPF is an armed force of the Union, and governed by provisions of the Railway Protection Force Act ("the Act"). By notification issued on 8th May, 1981, the Railway Board framed rules governing the RPF (known as "the 1981 Rules"). The petitioners were appointed as members of the RPF in 1980-81. In terms of the Rules, the posts of Asst. Commandant, Commandant, Assistant Inspector General, Deputy Inspector General, and Inspector General are all Group- A posts. It is stated that the post of ADG, RPF was created in 2002, on the basis of the recommendations made by the Railway Board to the Fifth Central Pay Commission which recommended that the said post to be manned by the RPF Officers. The relevant extract of the said recommendation is as follows:

(3.) The petitioners next rely on the terms of an office memorandum dated 24-3-2009 to say that the Department of Personnel and Training (DOP&T) had generally directed all Central Ministries to carry out amendments to the existing recruitment rules, to bring them in line with recommendations of the Sixth Central Pay Commission, which resulted in upgrading pay scales or merging scales in existing posts. The relevant part of the Memorandum reads as follows: