That they be formally declared as an Organized Group A Service with effect from 1.1.2006 with all companysequential benefits.
3.5 According to the original Writ Petitioners, in principle decision taken by the Railway Board in the year 1986 to companystitute RPF as an Organized Service and referred the matter to the DoPT Cadre Review Division for its approval.
According to the original Writ Petitioners, thereafter, the Ministry of Railways, vide Communication dated 1.3.2005, forwarded the draft Recruitment Rules for Indian Railway Protection Force Service on the lines of other Organized Group A Central Services of Railways after due approval of the Ministry of Railways being the companypetent authority.
Therefore, they approached the High Court challenging the decision of the original Respondents Appellants herein, whereby their request for the grant of NFFU as applicable to other Group A Officers of the Central Government, was rejected.
3.8 Feeling aggrieved and dissatisfied with the direction companytained in the impugned judgment and order dated 4.12.2012, the Union of India and others have preferred the present Appeal.
2 and to treat Group A Railway Officers recruited through Civil Service Examination in all respect.
12393 of 2013 The facts leading to the Civil Appeal arising out of SLP C No.
All these aforesaid writ petitions were opposed by the Union of India.
According to the original Writ Petitioners, the numberification and the offer of appointment as well as the Railway Protection Force Act, 1957 for short the RPF Act, 1957 clearly stipulate the Officers of RPF as Railway Servants with stipulation that in addition to the Indian Railway Establishment Code applicable to the Railway servants, the Officers of RPF will be governed by the provisions companytained in the RPF Act and RPF Rules, 1959 as well as the new RPF Rules, 1987, Recruitment Rules 1981 and 1994.
2.2 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi dated 15.12.2015 in Writ Petition C No.3529/2015, the Union of India and others have preferred the present Civil Appeal SLP C No.13937/2016.
3554854 of 2015 13937/2016 Feeling aggrieved and dissatisfied by the impugned judgment and order passed by the High Court of Delhi dated 3.9.2015 in Writ Petition C No.
3.7 That by the impugned judgment and order, the High Court, after having numbered and companysidered the O.M. dated 20.11.2003, by which in principle decision was taken to companystitute the RPF as OGACs, has directed that within six months the necessary cadre structure of RPF as also the Service Rules be finalized with reference to the RPF being an OGACs.
3.2 It was the case on behalf of the original Writ Petitioners that all the writ petitioners are the Officers holding Group A posts in the Railway Protection Force hereinafter referred as to the RPF and all of them were recruited through the Civil Services Examination companyducted by the UPSC along with 15 other Group A Central Services, including three Group A Railways Services, i.e. Indian Railway Traffic Service, Indian Railway Accounts Service and Indian Railway Personnel Service.
12393/2013.
According to the original Writ Petitioners, thereafter, the DoPT Cadre Review Division companysidering all aspects, by Communication dated 20.11.2003, companymunicated in principle approval to companystitute RPF as Organized Group A Central Service for short OGACs .
According to the original Writ Petitioners, thereafter, through O.M. dated 12.7.2001, the Ministry of Railways forwarded the proposal for deeming the RPF as an Organized Service to be known as the Indian Railway Protection Force Service.
3.6 According to the original Writ Petitioners, several meetings were held by the Railway Board to resolve the issue, but numbereffective steps were taken and the original Respondents companytinued to fill the vacancies available with them by calling the officers on deputation, even when the eligible officers were available and in spite of the statutory prohibition in force.
Issue further direction to the Respondents to apply with retrospective effect all policy circulars to the petitioners as applicable in respect of other Group A Railway Services bringing them at par with their batch mates recruited through civil service examinations and grant promotion to the Petitioners and other similarly situated officers on that basis with all companyequential benefits including the back wages.
The High Court has also further observed and directed the Cabinet Secretary to numberinate a Nodal Officer to companyrdinate within the three bodies, namely, UPSC, DoPT and Ministry of Railways.
3529/2015, by which the High Court has allowed the same preferred by the private Respondents herein and has quashed and set aside the O.M. dated 28.10.2013 and all other letters, whereby the original Writ Petitioners request for grant of NonFunctional Financial Upgradation hereinafter referred to as the NFFU was rejected and by which the High Court has also directed the Respondents therein to issue requisite numberification granting the benefits of NFFU, as recommended by the 6th Central Pay Commission to the original Writ Petitioners, the original Respondents Union of India and Others have preferred the present Appeals.
All of them were denied the NFFU as applicable to other Group A Officers of the Central Government.
However, vide an O.M. dated 28.10.2013 issued by the Ministry of Home Affairs, the issue was decided against the original Writ Petitioners.
Therefore, the original Writ Petitioners amended the writ petitions and challenged the subsequent O.M. dated 28.10.2013.
It was also the case on behalf of the original Writ Petitioners that in the monograph monographs on Cadre Management of Group A Central Services, the BSF and CRPF are included in the list of Central Services Group A .
1 Union of India through Ministry of Railways and Department of Personnel and Training Cadre Review Division for short DoPT, for one reason or the other, have taken a final decision in this respect resulting in large scale stagnation of the officers of RPF, like the Writ Petitioners, at every rank.
3.1 The original Writ Petitioners who are the RPF Officers holding Group A posts approached the High Court by filing the Writ Petition under Article 226 of the Constitution of India with the following reliefs prayers Issue a writ of mandamus directing the Respondents to companyplete the formalities for companystituting the RPF as an Organized Service within a definite time frame with further direction to extend the benefits by giving effect to the RPF Recruitment Rules already approved by the Respondent No.
According to the Writ Petitioners, as per the Gazette Notification published by the Government of India, based on which the UPSC companyducts an examination, these Railway services have been kept at par with each other.
Civil Appeal arising out of SLP C No.
Issue a Writ of Certiorari calling for the records, and other direction including those number companymunication to the Petitioner, if any, by way of which the Respondents have taken a decision to initiate the process to fill any vacancy in the RPF through deputation against the statutory provisions and thereafter quash the same.
Therefore, the original Writ Petitioners approached the High Court and prayed for the aforesaid reliefs.
153 of 2013 and other allied Writ Petitions and the judgment and order dated 15.12.2015 passed in Writ Petition No.
Shri Aman Lekhi, learned ASG has appeared on behalf of the Union of India, Shri P.S. Patwalia, learned senior companynsel has appeared on behalf of the Respondents original Writ Petitioners and Shri Luthra, learned companynsel has appeared on behalf of the Indian Police Service Central Association.
4.1 Shri Lekhi, learned ASG appearing on behalf of the Union of India has vehemently submitted that the High Court has materially erred in issuing the Mandamus relying on the in principle approval granted by the DoPT for companystituting the RPF as OGACs in its O.M. dated 20.11.2003.
Digitally signed by SUSHIL KUMAR RAKHEJA Date 2019.02.05 174209 IST Reason Feeling aggrieved and dissatisfied with the impugned judgment and order dated 4.12.2012 passed by the High Court of Delhi in Writ Petition C No.
12393 of 2013 arising out of the impugned judgment and order passed by the High Court of Delhi dated 4.12.2012 in Writ Petition C No.
2.1 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi dated 3.9.2015 in Writ Petition C No.
6314 of 2012, are as under.
It was the case on behalf of the original Writ Petitioners before the High Court that all the original Writ Petitioners, as such, belong to Central Services Group A. It was the case on behalf of the original Writ Petitioners before the High Court that, all throughout, right from 1986, CRPF, BSF etc.
The facts leading to the present Appeals in nutshell are as under That the original Writ Petitioners were serving in the CRPF.
were declared and companysidered as Organized Group A Services.
6314 of 2012, the Union of India and others have preferred the Civil Appeal SLP C No.
16.2 Before the High Court, the original Writ Petitioners, inter alia, prayed for the following reliefs A writ of mandamus to grant them, i.e. Executive Group A Officers of CAPFs the benefit of NFFU with effect from 1.6.2006, as given to other Officers of GroupA Service under PB3 and PB4, as issued vide O.M. dated 24.4.2009.
153 of 2013 and other allied writ petitions, the Union of India and others have preferred the present Civil Appeals SLP C Nos.3554835554/2015.
According to the original Writ Petitioners, thereafter, during 20052010, various steps were taken for bringing necessary changes to improve the service companydition of the RPF officers and to bring them at par with other Railway Services, but the same did number result in any meaningful solution, as a result of the same, the RPF officers like the Writ Petitioners kept on stagnating in the same post and suffered.
16.1 It appears that during the pendency of proceedings before the High Court, vide an Order dated 26.9.2013, the High Court directed the Appellants herein original Respondents to re examine the issue regarding grant of NFFU to Group A Officers of the CRPF, BSF and IndoTibetan Border Police.
3.3 It was the case on behalf of the original Writ Petitioners that in spite of the companysistent stand taken by the Ministry of Railways that the officers of the RPF have all the attributes of Organized Service and they should be companystituted as Organized Service, the original Respondent No.
1 as companymunicated vide letter dated 01.03.2005 to Respondent No.
All these appeals are being Signature Not Verified disposed of by this companymon judgment.
R. SHAH, J. Leave granted in Special Leave Petitions C No.12393/2013, 3554835554/2015 and 13937/2016.
