Restriction .

Lot of discussions and correspondences have already been made about relaxation of Gr-A RR and removal of  regional disparity in promotion. It has already been clarified  that though there is a provision for relaxation of any of the provision of  Gr-A( which provisions  have been specifically mentioned in such RR)  in course of CR, however those are falling  out side the provisions/ jurisdiction  of such RR can not be relaxed under the provision of such relaxation. In catena of judgements it has already been decided that there is no specific provision about  seniority and rota rules in RR, hence both are falling under out side of the provisions of RR and both  are guided by general principle of seniority as per decision of Apex Court and circular issued by DOPT on the basis of such decision of Apex Court. It has already  been clarified that promotions to the post of Superintendent are being made zone basis as per RR, hence unless such RR is set aside retrospectively, the regional disparity in promotion can not be settled retrospectively. The service rules are not revised retrospectively. .  The  Apex Court in Radhey Shyam v.U.O.I, & in the historical cases of Sabarwal, Ajit Singh, K.Monorama, Virpal etc etc  have directed for revision of service laws only prospectively.  Hence there is no possibility of retrospective revision of RR to remove the  disparity retrospectively. The regional disparity is existed in our department , since its creation because of RR of Superintendent is provided for promotion on zone basis.This was challenged in High Court and SC but in final   verdict it was held that  the said RR is a  valid RR. CBEC in 97, decided for merger of three base cadres and  issue of a common seniority list on all India basis for such three base cadres. Before Mumbai CAT in OA NO 429/2002 ( Pune Unit vrs. UOI) & 454/2002( Mumbai Unit vrs. UOI) , the Board shown willingness to examine the merger issue separately and accordingly Merger Committee ( Bhardwaj Committee ) was constituted but such committee has recommended for merger of all three base cadres prospectively w.e.f  2006.  This was not challenged by our Association but after a long period  during 2011 as per demand of one of the  office bearers of  Mumbai, a resolution was adopted for merger of all three base cadres and  finally a case was filed in CAT, which is pending for decision.
 The Constitution of our Association provides that " Association shall represent, promote and safeguard the interest, rights and privileges of all the members of the Association". Therefore there is a restriction for  discussion on reservation policy and regional disparity in promotions in the meeting of Association to maintain unity amongst all.