Excelsior Correspondent
SRINAGAR, Oct 27: High Court has expressed its serious concern for concealing the material facts by the employees of Railway Protect Special Force (RPSF) in order to defeat the Government orders.
Around 90 employees of RPSF challenged the orders of Government claiming that they were reverted to the lower post and reduced to bottom in seniority list but did not inform the court that this condition is laid in the policy for the employees who intend to serve the department at home place.
Court observed that in the last 40 years, a new creed of litigants has cropped up and those who belong to this creed do not have any respect for truth and they shamelessly resort to falsehood and unethical means for achieving their goals.
Justice Rajnesh Oswal concluded that their petition deserves to be dismissed with exemplary costs for deliberately concealing the material facts from the court but taking into consideration that the petitioners are serving their nation as such did not impose costs on them and dismissed their plea leaving the authorities free to proceed in accordance with law.
Court said the petitioners have themselves coaxed the respondent-authorities not to send them back to the RPSF and as such they cannot raise any grievance now, when in fact the respondents relying on their representations have retained them in RPF.
They projected before the court that vide impugned orders that they were not only reverted from the post of Head Constable to the post of Constable but were also reduced in order of seniority in the reverted lower cadre of Constables in the RPF of Northern Railway.
Court also took note of the fact that the seniors of the petitioners in the rank of constables were not yet promoted as Head Constables in RPF Northern Railway and said that placing the petitioners over and above their seniors would have not only been the travesty of justice but would have also resulted in the denial of promotional avenues to them.
“This appears to be the reason for the respondent-authorities to revoke the transfer orders on and the petitioners could have joined back in their Zone in their rank and seniority but they preferred to work at their home place (Qazigund-Baramulla) railway line at the lower post instead of going back to RPSF, Court said.
Court added that it was the benevolence of the authorities to permit the petitioners to continue to work at the place of their choice, which is their home (Union Territory) and it is established beyond doubt that when they were confronted with the situation of reverting back to their original place of posting and rank in RPSF, they submitted applications for permitting them to work in Kashmir Valley as Constables.
The petitioners, in fact, by their own act have volunteered the present situation whereby they agreed to work as Constables with placement at the bottom of seniority of their batch-mates in RPF in Kashmir Valley. “Without bringing to the notice of this Court the factum of making applications/representations before the respondents, the petitioners have filed the present petition. It amounts to a concealment of material fact from this court”, read the judgment.
Follow our WhatsApp channel
