WR decision to empanel advocates below 60 yrs leaves retired staff upset
The new procedure took 15 months, during which a fresh notification was issued for Railway advocates.
Western Railway (WR) has decided to empanel those advocates whose age is below sixty years, resulting in a setback to its own retired staff which would take up legal practice to help railways fight in legal cases in the Railway Claim’s Tribunal.
The retired employees of WR have called this decision “unconstitutional”, citing that most law graduate government employees decide to practice after their retirement.
Within the Railways, such retired staff are hired in departments such as Claims, Vigilance, Legal to help the administration to contest cases. Retired railway servicemen, who had a knowledge of railway functioning, were preferred for their competency until the new rule. As per a Railway Board circular dated November 5 1985, all advocates are to be appointed by the railway administration to contest the cases.
As per the procedure, while 12 of the 31 advocates who had applied for the empanelment were found suitable in 2012, the then General Manager, Mahesh Kumar, had quashed the procedure.
“On June 30 2013, the additional General Manager had ordered that the entire proposal be mooted completely afresh ‘abinitio’,” said a former railway employee, who is working with railways as an advocate.
The new procedure took 15 months, during which a fresh notification was issued for empanelment of Railway advocates on June 11, 2013. The entire procedure was the same until WR formulated new policy guidelines as recommended by the committee of Chief Personnel Office and Senior Deputy General Manager on September 9, 2013 in which the age limit of advocates was prescribed within 60 years. “This revised procedure is contrary to the prescribed Railway Board procedure and is a violation of fundamental rights under the Constitution. Since 2008, only five advocates were contesting cases. Ironically, the official who was interviewing advocates, is only a 10th standard pass,” said an advocate from Central Railway (CR).
On WR, the empanelment of railway advocates was done from December 11, 2008 to December 10, 2011 as per Railway Board circular. In November 2012, the procedure of new empanelment was initiated, which was approved in February 2012 by a competent authority. A total of 31 advocates had applied for the empanelment. In this procedure, principal judge city civil court Mumbai were asked twice, government advocate and bar council were to recommend the name of suitable advocates. After receiving recommendations and being interviewed by Deputy Chief Claims Officer and Deputy General Manager Law, 12 advocates were found suitable. On Central Railway, a notification for empanelment of railway advocates was issued following which a panel of 15 advocates was formed, out of which three are more than 60 years old.
kalpana.verma@expressindia.com
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