Calcutta High Court (Appellete Side)
Bikash Chandra De & Ors vs The Director General on 24 March, 2022
1
IN THE HIGH COURT AT CALCUTTA
(Constitutional Writ Jurisdiction)
APPELLATE SIDE
Present:
The Hon'ble Justice Krishna Rao
WPA 5306 of 2019
Bikash Chandra De & Ors.
Versus
The Director General, Railway Protection Force & Ors.
Mr. Swapan Kumar Nandi
Mr. S.N. Chakraborty
Mr. Debjyoti Ghosh
.....For the Petitioners
Mr. Sarajit Kumar Ghosh
Mr. Raja Ghosh
.....For the Respondents/Union of India
Heard on : 22.02.2022
Judgment on : 24.03.2022
Krishna Rao, J.: The petitioners are claiming seniority as well as other
service conditions like other staffs from the other department who are
working in the same Metro Railway Zone.
The petitioners were appointed in the security department of the
Railway Protection Force in the different Zones of Railway. The petitioners
were brought up by the Railway authorities from different Zones for the
effective operation of the Metro Railway. The Ministry of Railway issued the
following Gazette Notification on 28.12.2010:
"New Delhi, the 28th December, 2010
No. 2010/E&R/1500/19.__In exercise of the powers conferred
by para 3 (3) of Chapter II of the Railway Act, 1989 (24 of 1989) the
Central Government hereby declares the Metro Railway, Kolkata, a
project office, to be a Zonal Railway with its headquarters at Kolkata
with effect from 29-12-2010.
2. The Metro Railway shall continue to have control over its
existing jurisdiction."
After the notification dt. 28.12.2010, the Metro Rail Kolkata has been
declared as 17th Zonal Railway with effect from 29.12.2010 and as on
01.10.2012 the following Employees Strength were sanctioned :
Employee Strength:
(As on 01-10-2021)
Category Sanction On Roll Vacancy
Perm Temp Sup WC Total
Non-gazetted 3984 475 48 514 5021 3707 1314
The Director/Sec(Estt) Railway Board Kolkata vide letter dt.
12.01.2012 informed that the total 723 Non Gazetted posts for the security
of Kolkata Metro Railway was sanctioned which are as follows :
"Sanction of the President is hereby accorded for the creation of
following 723 non-gazetted posts for the security of Kolkata Metro Railway,
S.N Name of the Post Pay Band Grade Pay No. of Post
Requirement of rest of the 48 ancillary staff may be met by
outsourcing of services.
This issue is with the concurrence of the Finance Directorate of the
Ministry of Railways."
As on 01.03.2014 the following Executive Officers and staffs
alongwith ministrial staff of Metro Railway Kolkata were posted :
EXECUTIVE
Description IPF SI ASI HC Const. Driver Cook/C- Dhobi Barber S/wala Total
mate
Sancd. 3 6 5 15 168 2 6 0 0 0 205
Strength
(Perm)
Sancd. 0 0 0 0 0 2 7 1 1 1 12
Strength
(W/C)
Addl. 6 30 64 220 403 0 0 0 0 0 723
Sanction
Total 09 36 69 235 571 4 13 1 1 1 940
Sanction
Actual 4 10 14 103 179 3 10 1 0 0 324
Strength
Vacancy 5 26 55 132 392 1 3 0 1 1 616
MINISTERIAL
Description OS Sr. Jr. Typist Steno R/Sorter Despatcher Peon B/Peon Total
Clerk Clerk
Sancd. 4 2 2 1 0 1 0 2 0 12
Strength
(Perm)
Sancd. 1 2 0 0 0 0 1 0 1 5
Strength
(W/C)
Total 5 4 2 1 0 1 1 2 1 17
Sanction
Actual 5 1 4 1 1 0 1 2 0 15
Strength
Vacancy 0 3 (-) 2 0 0 1 0 0 1 3
On 20.02.2018, 5th Prem Meeting was held and in the said meeting
the point regarding seperate seniority list for Railway Protection Force for
Metro Railway whose names are presently maintaied by the Eastern Railway
was discussed so that the promotional avenue for RPF staffs may increased
and after the discussion the said matter was referred to the concern
department to place the matter before the General Manager for taking
appropriate decision.
The respondents have published the list of Indian Railway Zones
wherein at Sl. no. 17 the Metro Railway is mentioned and the Zone of head
quarter is mentioned as Kolkata but the Railway division is mentioned as
NA. The petioners have made representations to the authorities for grant of
service benefits by allowing the seniority under the Zone of Metro Railaway
created with effect from 29.12.2010. On receipt of the representation of the
petitioners, the Staff Officer to PCSC/RPF, Eastern Railway inform the Sr.
Security Commissioner, RPF, Metro Railway that their office does not have
any order of Railway Board for treating the security portion of Metro Railway
as independant Zone of Metro Railway. On receipt of the said reply, the
Metro Railway Kolkata informed the same to the petitioners.
The Counsel for the petitioner submitted that in the year 1998 the
petitioners were brought to the Metro Railway for its effective operation and
even after declaring the Metro Railway as an independent Zone the
petitioners were not sent to their respective Zones.
The Counsel for the petitioners further urged that till date their
seniority as well as their promotional aspects have not been considered in
the Metro Railway Zone though the other staffs of the other departments
have been considered for their promotional avenue and they have
successfully achieved the same.
It is further submitted that inspite of several representations made by
the petitioners, the respondents have not considered the request of the
petitioners for treating the security portion of Metro Railway as an
independent Zone of Metro Railway though as per the Notification of
Government of India, Metro Railway is an independent Zone.
The Counsel for the respondent submitted that as per Government of
India's Gazette Notification dt. 28.12.2010 the Central Government declares
the Metro Railway Kolkata a project office to be a Zonal Railway with its
headquarters of Kolkata with effect from 29.12.2010. It is further submitted
that prior to the Gazette Notification dt. 28.12.2010 and thereafter also the
members of Railway Protection Force, who are posted at the Metro Railway,
are controlled by the Principal Chief Security Commissioner, R.P.F having
its office at Fairlie Place, Eastern Railway, Kolkata.
It is further submitted that in the Notification dt. 28.12.2010 nothing
is stated about the Administrative control over the members of RPF who
have been posted at Metro Railway.
The Counsel for the respondent further submitted that the service of
the members of the Railway Protection Force is guided by Railway Protection
Force Act and the Rules framed there under but the service of the other
railway employees is guided by the Railway Servants (Discipline and Appeal)
Rules.
It is further urged that all the benefits of the members of the Railway
Protection Force being the members of Armed Force cannot be equated with
other Railways Servant.
The Counsel for the respondent submitted that as per Directive No. 32
(Revised) dt. 28.12.2017 Zone means "One of the 16 Zonal Railway and does
not include RPSF."
The Ld. Counsel for the respondent further pointed out clause 8 (i) of
Directive No. 32 dt. 28.12.2017 which reads as follows:-
8. i) Transfer from and to Production units: Member of the Force
posted in Production Units will, on completion of their tenure,
be liable for transfer to controlling/concerned Zonal Railways
and vice-versa.
Production Unit Concerned Railway
CLW, Chittaranjan/Metro Rail Kolkata Eastern Railway
DMW, Patiala/MCF, Raebareilly/ Northern Railway
RCF, Kapurthala, RDSO
RWF, Yelahanka South Western Railway
ICF, Chennai Southern Railway
RWF, Bela./RCF, Harnaut East Central Railway
The Counsel for the respondent further submitted that that during the
pendency of the writ petition maximum number petitioners have been
transferred from Kolkata Metro Railway to other Zone of Railway. The Ld.
Counsel further submitted that the petitioners have not challenged any rule
and the respondents are following the Rules applicable to the petitioners.
Considered the submissions made by the respective parties and the
documents available on record.
The petitioners were appointed in the security department of the
Railway Protection Force in the different Zones of Railway. For the effective
operation of Metro Railway, petitioners were brought to Metro Railway vide
Notification dt. 28.12.2010. The Central Government declared the Metro Rail
Kolkata as 17th Zonal Railway w.e.f. 29.12.2010. After declaration of the
same, 723 Non Gazetted Posts for security of Kolkata Metro Railway were
sanctioned. As per the meeting held on 20.02.2018 the point regarding
separate seniority list for Railway Protection Force staff for Metro Railway
whose names are presently maintained by Eastern Railway was discussed so
as to enable the promotional avenues for Railway Protection Force Staff may
increased. After the meeting it was decided to place the matter before the
General Manager for taking decision.
By way of Notification dt. 28.12.2010, the Central Government
declares the Metro Railway, Kolkata, a project office to be a Zonal Railway
with its headquarters at Kolkata with effect from 29.12.2010.
The petitioners were appointed in the security department of Railway
Protection Force in the different Zone of Railway. The Railway Protection
Force has been constituted under Railway Protection Force Act, 1957 for
ensuring better protection and security of railway property.
The service conditions of the petitioners are govern under the Railway
Protection Force Act, 1957 and the Rule framed there under.
The grievance of the petitioners with regard to their separate seniority
list for Railway Protection Force staff for Metro Railway in terms of
Notification dt. 28.12.2010 was discussed in the Prem Meeting held on
20.02.2018 and it was resolved that the grievances of the petitioners is to be
placed before the General Manager but as per the communication dt.
21.01.2019 no decision has taken by the concern authority i.e. General
Manager, Metro Railway.
In view of the above, this Court find that it would be appropriate to
direct the respondent no. 2, the General Manager, Metro Railway Kolkata to
take appropriate decision by passing a reasoned and speaking order in
terms of the 5th Prem Meeting held on 20.02.2018 with regard to separate
seniority list for Railway Protection Force for Metro Railway within a period
of four weeks from the date of communication of this order.
WPA No. 5306 of 2019 is thus disposed of.
Parties shall be entitled to act on the basis of a server copy of the
Judgment and Order placed on the official website of the Court.
Urgent Xerox certified photocopies of this judgment, if applied for, be
given to the parties upon compliance of the requisite formalities.
(Krishna Rao, J.)
