Document Fragment View

Matching Fragments

"16. We have also seen that contention of the Official Respondents that the PSs in the RBSSS were granted exemption under Rule 8 (3) of the RBSS Rules was fallacious. Their statement that the PSs have fulfilled the condition prescribed in the said rule that they should have worked as Section Officer for one year or in the absence of such work, it was certified that they could not be posted as SO due to exigency of work was also wrong, In fact, the Tribunal had gone by the note of the Secretary, Railway Board that there was nothing fictitious about the real problem of the administration and it was due to the administrative compulsion that it was not possible to appoint the PSs as Sos for one year. But the actual facts revealed in the reply to the information sought under the RTI Act were different. In fact, the official records show that there was no such "exigencies of service"

by reason whereof the PSs in the RBSSS could not be posted as Sos in the RBSS and no exceptions had been granted to the PSs in their individual capacity. Therefore, PSs in the RBSSS could not have been included in the zone of consideration for Under Secretary/Deputy Secretary in the RBSS."

                                                               (emphasis added)



W.P.(C)3416/2014 & Cont.Cas (C)436/2014                                   Page 8

The CAT thus quashed the impugned circular dated 09.7.07, as well as the appointment of the private respondents into Grade 1 (US/DD), pursuant to it. It is this order of the CAT that the petitioners (who were not respondents before the CAT) seek to challenge in this writ petition.

9. It may be stated here that earlier there were very few PSs many of whom at the fag end of their career, use to get included in the ZOCs and hence no Section officer might have objected in the past. In the present ZOCs for the years 2002-03, 2003-04 and 2004- 05, which have been prepared on the basis of the past practice, large numbers of PSs from several batches many of whom are quite younger in age to the Section Officers, have got included. For the year 200405, the bulk vacancies in the Grade- (US/DD) have occurred as a result RBSS cadre restructuring. On empanelment of these young PSs, a blockage on the way of career progression of the W.P.(C)3416/2014 & Cont.Cas (C)436/2014 Page 27 RBSS officers will definitely be created. We normally follow the rules and practices as are followed in CSS/CSSS as our rules are patterned on these rules. In the matter of fixation of seniority between DR and Promotee Section Officers also we are following the practice as followed in CSS. It is amply clear from the letter of Secretary, DOP&T that in CSS cadre, the Private Secretaries are not being considered for promotion to Grade-I (US) unless and until they have the requisite experience in Section Officer Grade. Therefore, we may perhaps fall in line with the practice as prevailing in CSS in the matter of inclusion of Private Secretaries for promotion to Grade-I (US/DD) for the pending three years panels i.e. 2002-03, 2003-04 and 2004-05. From 2005-06, lateral entry of PSs to Grade-I (US/DD) has already been discontinued.
(b) We may continue with the past practice according to which the names of PSs have been included in the ZOCs for the year 2002-03, 2003-04 and 2004-05 already circulated. In that case we have to certify the exigencies, though non-

existent, while sending the proposals to UPSC."

The Relevant noting of the Joint Secretary dated 08.08.2007 is as follows: -

"Lateral induction of Private Secretaries (PSs) of RBSSS to the Grade-I (US/DD)of RBSS is governed under Rule 8 (3) of RBSS Rules, 1969 and RBSS (Promotion to Grade-I) Regulations, 1973. These Rules and Regulations are exactly patterned on the CSS Rules, 1962 and relevant Regulation thereon. It is clear from the rule position obtaining in both CSS and RBSS that a Private Secretary to become eligible for lateral induction to Grade-I (US/DD) must have W.P.(C)3416/2014 & Cont.Cas (C)436/2014 Page 28 worked as Section Officer for a specified period (two years in CSS & one year in RBSS). Moreover, posting of Private Secretary as Section Officer, as per rule-6 is not a mandatory provision in the rules rather it is an option with the Government.