Government of India (Railway Board) Master Circular No. 34 Seniority of Non-Gazetted staff Contents No. Subject 1 Introduction 2 General Principle of Seniority 3 Seniority of Candidates Recruited through RRBs 4 Seniority between two similarly placed candidates 5 Seniority of Candidate Joining Late 6 Relative Seniority of Candidates of two Different Panels 7 Probationary Period 8 Departmental Examination/Trade Test II Seniority of staff who seek transfer of their own accord. III Seniority on Transfer on Mutual exchange IV Seniorityon Transfer on mutual exchange of qualified/non-qualified Accounts Clerk V Seniority on Transfer in the Administrative interest VI Seniority on promotion as SO (Accounts) ISA VII Seniority of Accounts Clerks on promotion as JAA VIII Seniority of staff appointed against compassionate grounds, sports, cultureal quotas etc IX Seniority of staff working in Survey/Construction Projects and open line. X Seniority of medically de-categorised staff. XI Seniority of staff who are originally medically decateqnrised but subsequently declared fit. XII Seniority of staff on promotion. 19.5 Effect of refusal of promotion XIII Erroneous Promotions 21 Seniority of Surplus Staff Being Redeployed in Other Units. 22 Effect ofreduction in pay or grade as measure of penalty on seniority 22.1 Reduction to a lower stage in the time-scale 22.2 Reduction to a lower service, grade or post, or to a lower time-scale 23 Permission to railway servants to peruse seniority list XV General 24 Railway Boards letters on which the MC has been based 25 Other Railway Boards Letters on the Subject 26 Link to Chapter 3 of IREM Vol. I Seniority of Non-Gazetted staff At present the orders relating to the subject “seniority of non-gazetted staff” are conta-ined in Chapter-3 of IRE.M-1969 and various letters/eirculars issued from time by the Ministry of Raiiways (Railway Board). The question of issuingconsolidated instructions on the- subject has besn engaging th-e attention of the Ministry of Railways for quite some time. They have now decided to issue the consoiidated instructions on the subject of ”Seniority of non-Gaz etted staff” in the form of a Master Circular as below^for the information and guidance of all concerned; 2. General Principle of Seniority: 2.1The seniority among the incumbents of a post in a grade, unless specifically stated otherwise, is govorned by the date of appointment to the grade. The grant of pay higher thgn initial Pay does not, as a rule, confer on a railway employee seniority above thosewho are already appointed against regular postss 2.2The criterion for determination of relative seniority of non-Gazetted, staff in posts, which are partially filled by promotion and partially by direct recruitment, should be the date of regular promotion after due process in the case of a promotee and the date of joining the working post after due process in the case of a direct recruit- subject to maintenance of inter – se – seniority of promotees and direct recruits among themselves. When the dates of entry into a grade of p0romoted railway servants and direct recruits among themselves. When the dates of entry int0o a grade of promoted railway servants and direct recruits among themselves. When the dates of entry into a grade of promoted railway servants and direct recruits are the same, they should be pupt in alternate positions, the promotees being senior to the diredt recruits, maintaining inter-se-seniority of each group. 2.3Subject to what ahs been stated in paragraphs 2.2, 3, 4, 5 and 6, when the dates of appointment to the grde are the same, the dates of entry into the grade next below it shall determine seniority. If those dates alos coincide, then the dates of entry into each of the lower grades in order down to the lowest grade in the channel of poromotion shall determine seniority. If these dates are also indentical, then the relatigve date of birth shall determine seniority, the older person being the senior. 2.4A Railway employee, once promoted against a vacancy which is non-fortuitous, should generally be considered senior in that grade to all others who are subsequently promoted, unless otherwise specified. 2.5Staff employed in train passing/train operation duties are to be absorbed in alternate category not involving train passing and train operation duties if they fail to pass the periodical refresher course even in the second attempt. However, they are allowed to undertake further refresher course at an interval of a minimum period of six months, and they are re-absorbed in original category on occurence of the first vacancy if they pass the refresher course. In such a case, the employee should lose seniority by the number of places from his original position equivalent to ths number of persons promoted during the interval between his absorption in an alternate category and his eventual reabsorntion in the original category., For instance, if an employee holds the 15th position originally and during his absence in an alternate category,3 persons have been promotnd, he would, on re-absorption in the original category, rank as18th in the seniority list. 2.6 The quota fixed for direct recruitm ent will be relevant only at the recruitment stage and will have no relevance for fixatinn of ssniority which will bs assigned by application of normal rules. Where quota fixed for direct recruits in a particular year is not fulfilled on account of non-availability of cendidates, the short fall may be made good in the following year without giving retrospective benefit for purposes of seniority. 2.7 In case the training period of a direct recruit is curtailed in the exigncies of the service, the date of joining the working post in case of such a direct recruit, for ppurpose of seniority, shall be the date he would have normally come to a working post after completion fo the prescribed period of training. (E56.C01/8/3 dt.21.11.1953, E53.SR6/21/3 dt.18.3.1954, 2.8.1954, 12.8.1954, 13.8.1954, 24.9.1954, E(NG) 60/5 R 6/2 dt.15.9.1960 E(NG) 53/SR6/7 dt.06.02.1961, E(NG) 60/SR6/2 dt.16.11.1961, E(NG)62/SR6/35 dt.12.03.1963, E(NG)67/SR6/35 dt.24.11.1967, E(NG) I/80/SR6/4 dt.04.02.1981, E(NG)I/78/SR6/42 dt.07.04.1982 and Paras 302 & 314 of IREM, 1989). 3.The seniority of candidates recruited through the Railway Recruitmsnt Board (previously called Railway Service Commission) or by any other recruiting agency shouid be determined as unders: – (a) Candidates who are sent for initial training to training institutions will rank in seniority in the relevant grade based on the order of merit obtained ab the examination hsid at the end of the training period befors being posted to a working post; and (b) Candidates who dn not have to undergo any initial training,, the seniority shouid be dstermined on the basis of merit order assigned to them by the Railway Recruitment Board (previously Railway Service Commission) or other recruiting agency. (E(NG)57/SR6/2 dated 25.04.1957 and Para 303 of IREM-1989). 4.When twoor more candidates are declared to be of equal merit at one and tha same examination/selection, their relative seniority is determined by thp date of birth – the older being the senior. (E(NG) Manual/111), Para 304 of IREM-1989). 5.When, however, a candidate whose ssniority is to be determined under para 3 &, 4 above, cannot join duty within a rsasonable time after the receipt of the order of appointinent, the appointing authority may determine the seniority by placing him/her below all the candidates selected at the same examination/selection who have joined within the period ailowed for reporting to duty or even below the candidatøs selected at subsequent examination/selection who have joined before him/her. (Para 305 of IREM-1989). 6.Candidates selected for appointment at an earlier selection shail be senior to those selected later, irrespective of the date of posting, except in the cases coming under para 5 above. (Para 305 of IREM-1989). 7. Probationary Period When confirmation follows a specified probationary period, if any, without break, the dte of appointment to the grade is reckoned from the date of commencement of such probationary period. (Para 307 of IREM-1989) 7.1When a probationary period is followedby an extended probationary period and confirmation follows such extension without break, the date of appointment to the grade or post, unless otherwise stated, should be reckoned from a date later than the commencement of the probationary period, to the extent of the extension of the probvationary period. In cases where probationary perio is not extended and staff are confirmed at the end of such period the dte of appointment to the grade or post will be that on which the employee was sent to the training school for initial training or the date of joining the working post whichever is earlier. 8. Departmental Examination/Trade Test. Where the passing of a departmental examination or trade test has been prescribed as a condition prscedent to the promotion to a particular non-selection post, the relative seniority of the railway- servants passing the examination/test in their due turn and on the same date or different dates which are treated as one continuous examination, as the case may be, shall be determined with reference to their substantive or basic seniority. (Para315 – IREM1989) 8.1A railway servant who, for roasons beyond his control, is unable to appear in the sxamination/test in his turn along-with others, shall be givsn the exanination/test immediately he is available and if he passes the same, he shall be entitled for promotion to the post as if he had pgssed the examination/test in his turn. NOTE: – 1.The expression ‘reasons bsyond his control appearing abave should be interpreted to include the following: (i) Sickness of the railway servant supported by the madical certificate of the authorised medical attendant; (ii) Sickness of the members of a railway servant’s family supported by the medical certificate of the authorised attondant, so seious thaat the railway servant could not be reasonably expected to take the test: (iii) Proved non-receiopt of intimation of the examination/test owing to being on leave or on duty elsewhere than at the headquarters or for any other reasons acceptable to the administration; and (iv) Administration not relieving the railway servant for such examination or test. 2.This will not aply to departmental examination prescribed in App. 2 & 3 IREM. (Para 316 IREM 1989) (Paras 306, 307, 308, 315, and 316 of IREM, 1989). II. Seniority of staff who seek transfer of their own accord. 9.In cases where a Railway servant is transferred from one Railway to another on his/her own rcquest, the transferred Raiiway servant should be placed below all existing confirmed as well as officiating and temporary railway servants in the relevant grade in the promotion group in the new establishment irrespective of his/her date of confirmation or length of service of officiating or temporary service. 9.1 The above principle is also applicable equally for transfer on request from one cadre /Division to another cadre/Division on the same Railway. 9.2The above principle is not applicable to staff transferred from one seniority unit to another within the same Railway on mutual exchange, 9.3The expression “relevant grade” referred to in para 9 above appliss to grades where there is an element of direct recruitment. 9.4No such transfer should bo allowed in the intermediate grades in which all posts are filled entirely by promotion of staff from the lower gradss and there is no element of direct recruitment. (E.54/SR6/24/3 dated16.11.1954, E.53/5R6/21/3 dt.17.11.1954, 08.12.1954, , E.55/SR6/6/3 dt.19.05.1955, E.55/5R6/16/3 dt.27.02.1956, E.53/5R6/21/3 dt.22.08.1955, E(NG,)55/SR6/56 dt.17.10.1965, E(NG)65, SR6/31 dt.30.09.1965,,08.12.1965,.29.01.1966, 01.04.1966, 01.12.1966. E(NG)I/ 69/SR6/15 dt.24.06.1969 and E(NG)I/85/5R6/14 dt.21.01.1966). III. Transfer on Mutual exchange. 10 In the case of mutual exchange, the senior of the two employees will be given the place of seniority vacated by the other person. The juniorwill be allowed to retain his/her former seniority and shall be filled into ths seniority below the persons having the same seniority. (E(NG)61/SR6/30 dt.13.11.1961, Para230 of R.II). IV.Transfer on mutual sxchange of qualified and non-qualified Accounts Clerk. 11.The unqualified clerk will retain the seniority he/ she held in the old office or will take the seniority of the qualified clerk with whom he/she has exchanged, whichevcr is lower. 11.1The qualified AccountsClerk will retain the Iower of the two seniorities indicated belows: – (a)Seniority he/she held in the old office or the seniority of the unqualified Clerk with whom he has exchanged in the new office, whichever is lower; or (b)He/She should be placed below all the qualified clerks Grade-II in the new Unit (both permanent and temporary). 11.2Mutual transfer of such employees, who are not on par in the matter of eligibility for promotion should, as far as possible, be avoided. (E(NG)63/SR6/17 dated27.09.1963) V. Transfer in the Administrative interest. 12. Whers staff are transferred.in the Administrative interest from one seniority unit to another, their seniority position in the new Unit is to be protected. Such transfers are to be made only when they are absolutely essential. (E(NG) I/68/SR6/28 dt,25.01.1969) VI.Seniority for promotion as Section Officer (Accounts) Inspectors of Station or Stores Accounts: 13.Seniority for promotion to the rank of Section Officer (Accounts) or Inspector of Station or Stores Accounts should count entirely according to the date of passing the examination qualifying for promotion to those ranks. Candidates who pass the examination in a particular year are ipso facto senior to those who qualify in subsequent years irrespective of their those who qualify in subsequent years irrespective of their relative seniority befor epassing the examination. In the case of staff of ex-Company railoways who are exempted from passing the examination, the date on which they are declared fit for promotionto the rank of Section Officer (Accounts) or Inspectors should be considered as the date of their passing. On recaipt of the result of above examination each railway administration should immediately hold a selecation test of the administration should imediately hold a selection test of the candidates declared successful along with any eligible ex-Company or ex-State Railway staff, who may be asked to apear before the selection board in accordance with athe procedure laid down by the Railway Board from time to time. While the selection board will determine in the case of the ex-Company or ex-State Railway staff, their suitability for promotion as Section Oficer (Accounts)/ Inspector before placing them on the panel, ono candidate who has qualified in the said examination will be declared ineligible for promotion as a Section Officer (Accounts)/Inspector, ;the selection board only assigning a suitable placed on the panel in any year will rank senior to those empanelled in subsequent years. 13.1 Directly recruited Section Officsr(Accounts)/Cost Accountants and Inspectors of Station Accounts, if any, should be assigned a position on the proforma panel of these categories as soon as they are given charge of working posts after completion of the prescribed training. They should be placed below the last man officiating against a non-fortuitous vacancy in these categories of a Section OfficEr (Accounts). In case more than one direct recruit has to be assigned a position, their inter-se-seniority should be with reference to the position assigned to them by the Raiiway Recruitment Board. They will retain their. seniority thus allotted subject to their passing Appendix-3 (RIEM) examination within the prescribed period, except in the case of Cost Accountant who are not requirsd to pass such an examination. In the event of any directly recruited Section Dfficer (Accounts) not passing the examination within the prescribed period, he is liable to be discharged, In case, however, a further chance is given, the ouestion of his retaining hjfs original seninrity will be considered ”on the merit of each case. Such cases should be referred to the Raiiway Board for decision. (Para317 IREM-1989). VII.Seniority of Accounts Clerks on promotion as Junior Accounts Assistant in Accounts Department. 14.The seniority of Junior Accounts Assistent is to be determined with reference to the date of promotion ofa promotee and with reference to date of appointment of a direct recruit directly recruited Junior Accounts Assistants, passing Appendix-2 (IREM) Examination within extended period of probation losing seniority to other persons of his/her batch but not to promotees. (E(NG) I/65/5R5/26 dt.23.08.1965, E(NG) I/ 69/PM1/20 dt.25.07.1969, E (NG) I/78/ PM1/304 dt.05.01.1979, PC-III/78/UPG/8 dt.16.05.1980 and Para318 IREM-1989). VIII.Seniority of staff appointed against compassionate grounds, sports, cultureal quotas etc. 15. Seniority of such staff, will be reckoned from the date of their regular appointment in service. 15.1 When screened and absorbed in regular posts, substitutes and casual labour will count their seniority from the date of regualr absorption. 15.2 For the purpose of screening, however, their seniority wil count on the basis of total number of days put in by them as casual labour. (E(NG) II/83/CL/SC/9 dt.07.05.1983, E(NG) I/69/SR6/25 dt.01.11.1969 and E(NG)I/80/SR6/24 dt.08.07.1980). IX. Seniority of staff working in Survey/Construction Projects and open line. 16. There should be a combined cadre comprising ths stoff in the open line as well as in the Survey and Construction Projects to ensure that there is no disparity in the prospects of promotion betWeen the open line staff and Construction staff. There is, however, no objection to allow to the staff in Survey& Construction Projects, promotions to one grade higher than on the open line in the exigencies of work. This benefit shall not be tåken intn consideration for any purpose including eligibility for selection to Group ‘B’ posts. 16.1 In merging the cadre, the staff inSurvey & Construction shall be assigned seniority which they would have got on open line but for woriing in Survey & Construction Project. 16.2 The ébove benefits ars not applicable to local recruits appointed on the Survey& Construction Projects without the agency of Railway Rscruitment Board (previously Railway Service Comroission). The inter-se-seniority of locally recruited staff as in the Survey & Construction Projects may be maintained in the absorbing department irrespective of the dte of their physical absorption provided: – (a)They had been found suitable after prescribed screening for abasorption; and (b) There has been no specific selection at which their earlier seniority has been disturbed. 16.3In cases, however, where the staff continued to serve in the Survey & Construction Projects at their own request, this benefit would not be admissible. (E(NG)65/R£1/8 dt.15.04.1965, E(NG)63/RE1/32 dt,20.12.1965, E (NG)I/YO/SR6/43 dt. 13.03.1972 &. 170.8.1972 and E( NG)II I/72/RE1/4 1 dated27.11.1973). X. Seniority of medically de-categorised staff. 17.The medically de-categorised staff absorbed in alternative post, whether in the same or other cadres, should be allowed seniority in the grade of absorption with reference to the length of service rendered in the equivalent or correspondign grade, irrespective of the rate of pay fixed in the grade of absorption. The staff who are in grade higher than the grade of absorption at the time off medical decategorisation total service in the equivalent and higher grade is to be taken into account. This is subject to the proviso that if a medically decategorised employee happens to be absorbed in the cadre, from which he/she was originally promoted, he/she will not be place dabove his/her erstwhile seniors in the grade of absorption. 17.1 While absorbing themedically decategori sed running staff in alternative posts, a percentage of basic pay repre-senting the pay element in running allowance, as decided by the Government through administrative instructions from time tn tims, should be added to the minimum as well as maximum of tbe scale of pay for purposes of identifying ‘equivalent’posts and their seniority should then be fixed in the equivalent absorbing posts. 17.2 In the case of staff who are not requ ired to undergo periodical medical axamination but who on their own accord request for change of category on grounds of health and are recommended change of occupation by the medical autbfority, thcir change will be treated as transfer on own rcquest and dealt with as per para 9. 17.3 Staff, who come on transfer to another unit accppting bottom seniority and later got medically decategorised, will get the benefit of only the service in the new unit for determination of seniority after de-categorisation. 17.4 Sometimes due to vacancies not being available in equivalent grades, a medically decategorisedemployee has to be offered absorption in lower grade. In some cases such employees refuse lower grade in the hope of vacancies in the higher grades materialising. It is open to such staff to accept appointment in lower grade with the request that if a vacancy in a grade equivalent to what he had held before decategorisation occurs in the samen cadre, he should be considered eligible for athe same in preference to a junior medically decategorised employee. While the employe could be expecied to put in an application when this contingency happens, it is also necessary for the administration suo moto, when considering a subsequently decategorised employee for absorption in a cadre, to look into cases where senior decategorised employees might have been absorbed in lower grades in the same cadre during previous three years and initiate a review(Cases decided before 11/0.1975 need notaabe reopened unless there are very exceptional circumstances.). 17.5 As a result of the review refered to in para 17.4 above, the junior employuee already absorbed and working in a higher grade should not be displaced to make room for the senior. The senior may be promoted against the next vacancy arising in the grade and relative seniority in the grade refixed taking into account the position before medical. 17.6 When a junior has already been absorbed in an equivalent grade but a senior gets medically decategori sed during the next three year period and has necessarily to be- absorbed in the same cadre as the junior empioyee, but no vacancy in a similar grade/availablehe/she may be provisionally absorbed in a lower grade with the understanding that the next vacancy occuring in the higher grade would be given to him/her. On such a vacancy occuring and his/her being posted therein, seniority shouid be recasted as referred to in para17.5 above. 17.7There may be cases, where a senior employee was absorbed in a grade taking info account his/her position before decategori sat ion and a junior got promotsd subsequently to a higher grade but ultimately gets medically decatsgorised and becomes eligible for alternative employment’i n a higher grade. It is not the intention that such cases, Which happened because of the efflux of time, shouid be rcviewad. 17.8 Medically unfitted dirsct rscruits offered alternative employment should be placed at the bottom of the existing panel of the new category but shoud take precedence over candidates who are offered appointment in that category from subsequent panels. (E.55/SR6/15/3 dt.22.10.1956, E(NG)56/SR6/15 dt.14.03.1957, E(NG)63/5R6/31 dt.26.08.1964, E(NG)I I/68/SR6/32 dt.26.10.1971, E(NG) II/73/RE1/16 dt. 11.04.1975, E(NG) II/76/5R6/37 dt.18/9.76, E(NG)I.71/SR6/39 dt.31.05.1977, E(NG) I/78/5R6/6 dt.11.01.1979, E(NG)II/77/RE3/2 dt.02.09.1977, E(NG)I/80/5R6/83 dt.05.03.1981). Para 313 (a) (iii) and Para 313 (b) of IREM1989). XI. Seniority of staff who are originally medically decateqnri.sed but subsequently declared fit. 18. Employees who properly appeal within the time limit laid down for appeal or whose appeal is entsrtained in a reas reasonable period within the time limit and get declared it should not lose their seniority or their claims for consideration for prcmotion in the original category. 18.1 In regard to other employees, whether they are those who preferred delayed appeals and are declared fit or such as those who took treatment and consequently delcared fit, while they should be permitted to be reqosted to their original category, their seniority, if they ware formerly confirmed or deemed to be confirmed in their grades in which they were, would be affected to the extent of any employee who may have been confirmed in their grades in which they ware, would be affected to the extent of any employee who may have been confirmed or deemed to have been confirmed before their reabsorption into the original category. If, howeverk, they are only officiating in the original category, their seniority, on restoration, shouuld be below the staff confirmed tillthen but need not be affected vis-a-vis their original juniors who happen to be still officiating. (E(NG)55/SR6/15 dt.30.6.59, 25.8.59 and E(NG) 64/SR6/1 dt.16.03.1964). XII. Seniority of staff on promotion – Selection & Non-Selection posts. 19. In the cas of selection posts, employees selected for empanelment should be arranged in the order of their seniority, but those classified as outstanding will be admissible to them by way of superseding not more than 50{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of the number of their seniors in the field of eligihility. 19.1 (a) Promotion to non-selection posts shall be on the basis of seniority-cum-suitability, suitability being judged by the authority competent to fill the post, by oral and/of written test or a departmental examination or a trade test or by scrutiny of record of service as considered necessary. The only exception to this would be in cases where for administrative convenience, which should be recorded in writing, the copetent authority considers it necessary to appoint a railway servant other than the seniormost suitable railway servant to officiate purely in ad hoc capacity in a shor t term vacancy not exceeding two months as a rule and four months in any case. This will, however, not give the junior railway servant any advantage not otherwise due to him and will not confer him any right to continue in that post in preference to his seniors who are found suitable. A railway servant, once promoted in his turn after being found suitable against a vacancy which is nonfortuitous, should be considered as senior in that grade to all others who are subsequently promoted after being found suitable. (b)An employse who qualifies in an earlier test and gets promcted in a non-fa rtuitous vacancy but reverts to the lower grade betnre a subsequent test is held, will rank senior to all othors who qualify in tha subsequent tast. Those who have either officiated in fortuitous vacancies or did not officiate at all, will not be given any protoction for seniurity on subsequant promotion. 19.2 An employeewho could not appear for selection/suitability test on account of reasons beyond his/her conntrol, such as, sickness, nonreceipt of information in time, etc., heshe should be given a supplementary selection/test within a reasonable period and being found suitable he/she should be assigned proforma seniority position vis-à-vis his/her juniors promoted earlier. 19.3 In case an employee Iower in the panel has officiated wnereas one higher has not officiated for reasons beyond his/her control, such as sickness, non-release by the Administra-tion in time etc. the later employee will not lose his/her seniority. However, if the senior employee had not officiated for his own reason, then he/she will not be entitled for protection of his/her seniority. 19.4 An employee who could not be considered for selection/suitability test on account of his/her being away on deputation abroad, on return if it is foundthat a junior to him/her has been promoted on the basis of a selection/suitability test in which he/she was not called for, he/she may be considered in the next selection/suitability test and if selected, his/her seniority may be adjusted vis-à-vis his/her juniors in the previous panel. 19.4.1In the case of a selection post, if an employee as referred to above, is classified as ‘outstanding’ he/she should be interpolated in the previous panel in accordance with the seniority and gradation in the subsequent selection. 19.5 Effect of refusal of promotion: – (a) Selection Posts: – The employee refusing promotion expressly or otherwise is debarred for further promotion for one year but he is allowed to be retained at the same station on the same post for one year. If the employee again refuses the promotion, his name will ber deleted from the panjel. He will have to appear again in the selection notwithstnding the fct that he in the mean time has officiated non-fortuitously against short term vacancy based on hid panel position. Seniority will be assigned as from the date of effect of promotion and he will be junior to all the persons promoted earlier to him from the same penel irrespedtive of his panel position. He will, however, not lose seniority ot another employee promoted to the same promotion category duringt thye one yuear of penalty as a result of fresh selectionn subsequently held. (b) Non-selection post: Such an employee should be debarred promotion for one year but not transferred away from the station for one year if unavoidable domestic reasons exist. He should be further debarred for permotion for one year if he refuses promotionn agin. On refusal of promotionn for the second attempt, the administration can, be transfer him to out statio in the same grade and the employee has to appear for a suitabilityu test when his turn for promotion comes. He will rank junior to all the employees promoted during the period he was allowed to refuse promotion irrespective of his relative seniority. He will not, however, lose seniority to another employee promoted to the same category during one yeaar period of penalty as a result of fresh suitability test subsequently held. 19.6 Administration can entertain request from employees for postponement of promotion for vert sgirt oeruids ib cibsuderatuibs. The employee concerned will be promoted after the period provided there is a vacancy and he will take his seniority from the date of promotion. 19.7 In case of Section Officer (Accounts) Inspector of Station/Stores Accounts who refuse promotion their panel positionis maintained for that particular year i.e. they do not lose seniority. (E54/PM1/19/3 dt.04.04.1955, E(NG)62/PM1/91 dt.09.08.1965, E(NG)l/72/ PM1/211 dt.14.12.1972, E( NG) I/70/PM l/168 dt.03.09.1976, E(NG)I/78/ PM1/142 dt.25.07.1979, 27.10.1979, E(NG) I.77/PM1/269 dt.03.05.1980 and E(NG)I/80/PM1/188 dt.31.12.1980). XIII. Erroneous Promotions: 20. Sometimes due to Administrative error, staff are over-looked for promotion to higher grades. This could be either on account of wrong assignment of relative seniority of the eligibie staff or full facts not being placed before the Selection Board. Broadly, there can be two types: – (a) Where a person has not been promoted at all because of administrative error; and (b) where a person ahs been promoted but not on the date from which he would have been promoted but for the administrative error. 20.1 Each such case hsould be dealt with on merits. Staff who hve not been promoted on administrative error, should onn promotion,m be assignment of relative seniority of the eligible staff or full facts not being placed before the Selection Board. Broadly, there can be two types: – 20.2 The orders of notification, promotion or appointment of a Railway employee in a substantive or officiating capacity to a post is latter found to be erroneous onn the basis of facts, should be cancelled and the Railway servant should immediately be brought to the position which he would have held but for the incorrect order of promotion on appointment, followign the procedure stipulated for the same. 20.3 Service rendereed by the Railwya servant concdrned in the post to which he was promoted wrongly should not be reckoned for purpose of increment or for any other purpose inn that grade. 20.4 Any concequential promotions/appointments made as a result of the erroneous promotion will also be required to be regulated onn the lines indicated above. (E (NG)63/PM1/43 dt. 06.09.1963 andE (NG) 63/PM1/92 dt.15.09.1964) 21.When redeploying the surplus staff to other units/departments, which constitute a different seniority unit, he folloowing methods could be adopted: – (i) If only a small number fo staff are bgeing rendered surplus and they have to be transferred to various Units of other departments against vacancies of duly sanctioned posts, they can be suitably adjusted in these Units with their full seniority and merging their seniority in thye respective Units; (ii) When a large number of staff are being transferred to new units that are being set up, they should be given their full seniority. Non minimum educational qualifications should be presecribed. It should be sufficient if they pass the re-training/convertion training tests at the end of their training, subject of course their medical fitness; (iii) Whenever a large number of staff have to be transferred to existing Unit against vacancies or additional sanctioned posts, the views of the Unions may be taken as to whether the seniority of the staff being shiftede should be kept separate against the ”special supernumerary” posts, so that their promotional prospects are kept separate and identical to what they would have achieved in the old Unit and it does not jeopardise the prospects of the staff in the Units in which they are being inducted. In such cases, the application of percentage distribution of posts would be separate for the existing cadre posts and the surplus staff who have been broughtinto the cadre, the klater being controlled by the percentage as aplicable in their previous cadre. However, as and when there is wastage through retirement, promotion etc., in the sentiority unit of shifted staff charged against ”Special supernumerary” posts in the direct recruitment grades, the direct recruitmehnt quotaof the same should be merged with the existing cadre of the same should be merged with the existing cadre seniority of that ubnit, i.e. the unit to which they had been redeployed on being surplus 21.1 In cases, where the seniority of surplus staff is maintained separately, there could be cases where the few staff, who are left behind in the old seniority unit continue to get their promotion as per their seniority alongwith the other staff transferred to the new unit. To this extent it may happen that in some cases, where the number of higher grade posts may have to be operated ini excess of athe percentage laid down to avoiid transferring the staff left behind. However, it should be ensured that the total number of posts in each grade of the old unit, taking into account those both left behing and transferred to the new Units, should not exced the original sanction. (E(NG)II/84/RE/1/1/10 dt.21.04.8199) 22. Effect of reduction in pay or grade as measure of penalty on seniority: (i) Reduction to a lower stage in the time-scale.Reduction in pay, as distinct from reduction from a higher grade or class to a lower grade or class, does not affect a railway servants’ position on the seniority list. The authority ordering reduction should invariably state the period for which it shall be effective and whether, on restortion, the period of reduction shall operate to postpone his future increments and, if so, to what extent. (ii) Reduction to a lower service, grade or post, or to a lower time-scale. (a) Where the period of reductio is not specified in the order imposing penalty for reduction doesnot specify the period of reduction and there is coupled with it an order declaring the railway servant permanently unfit for promotionn, the question of repromotion or determination of seniority will obviously hot arise. (b) Where the period of reduction is noot specified in the order inposing the penalty of reduction, the railway servant should be deemed to be reduced for an indefinite period, i.e. till such date as, on the basis of his performance subsequent to the order of reduction, he may be considered fit for promotion. On repromotion, thye seniority of such a railway servant should abe determined by the date of repromotion. In all such cases, the person loses his original seniority in the higher service, grade or post in entirety. On repromotion, the seniority of such a railway servnat should be determined by thye date of repromotion with out regard to the service rendered by him in such service, grade or post prior to his reduction. (c) In cases where the penalty of reduction to a lower service, grade or post or lower time scale is for a specified period, the employee concerned should be repromoted automatically to the post from which he was reduced. The seniority in the original service, grade or post or time scale should be fixed in such cases as follows: – (i) In cases where the reduction is not to operate to postpone future increments, the seniority of the railway servant should be fixed in the higher service, grade or post or the higher time scale at which it would have been but for his reduction. (ii) Where the reduction is to operate ot postpone future increments, the seniority of thye railway servant should be fixed by giving credit for the period of service rendered by him in the higher service, grade or post in higher time-scaleprior to his reduction. (d) When a railway servant is reduced from a higher grade, or class to a lower grade, whether for a specified period or indefinitely, his seniority in the lower grade shall be fixed with referendce in his position which he would have been entitled to but for his promotion to the higher grade or class from which he is reduced. (Para 322 of IREM 1989). 23. Permission to railway servants to peruse seniority list: (a) Railway servants may be permitted to see the seniority lists in which their names are placed, or if this cannot conveniently be arranged, they may be informed, on request, of their place on the seniority list. (b) Staff concerned may be allowed to represent about the assignment of their seniority position within a period of one year after the publishing of the seniority list. No case sfor revision in seniority lists should be entertained beyond this period. (Para321 IREM1989). XV. General: (a) While referring to this Circular, the original letters-referred to herein should be read for a proper appreciation. This Circular is only a consolidtion of the instructions issued so far and should not be treated as a substitution to the originals. In case of doubt, the original circular shoudlbe relied upon as authority. (b) The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifidally indicated otherwise in the concerned circular. For dealing with old cases, the instrucdtions in force at the relevant time should be referred to; and (c) If any circular on the subject, which has not been superseded, has not been taken into consideration while preparing this consolidated letter, the said circular, which has been missed through oversight should be treated as valid and operative. Such a missing circular, if any, may be brought to the notice of the Railway Board. The consolidaation has been made from the following original letters E53.Co1.8.3 dt.21.11.1953, E(NG) 60.SR 6.2 dt.15.09.1960 E(NG) 60.SR6.2 dt.16.11.1961, E(NG)67.SR6.35 dt.24.11.1967, E(NG)I.78.SR6.42 dt.07.04.1982 and Paras 302 & 314 of IREM, 1989). E.53/5R6/21.3 dt.17.11.1954. 08.12.1954, E.55/5R6/16/3 dt.27.02.1956 E(NG,)55/SR6/56 dt.17.10.1956 E(NG)I/ 69/SR6/15 dt.24.6.1969 E(NG)61/SR6/30 dt.13.11.1961, Para230 of R.II). E(NG) I/68/SR6/28 dt,25.01.1969 E(NG) I/ 69/PM1/20 dt.25.07.1969 E(NG) II/83/CL/SC/9 dt.07.05.1983 E(NG)I/80/SR6/24 dt.08.07.1980 E(NG)63/RE1/32 dt,20.12.1965 E( NG)II I/72/RE1/4 1 dated27.11.1973 E(NG)56.SR6.15 dt.14.03.1957 E(NG)I I.68.SR6.32 dt.26.10.1971 E(NG) II/76/5R6/37 dt.18.09.1976 E(NG) I/78/5R6/6 dt.11.01.1979 E(NG)I/80/5R6/83 dt.05.3.1981 E(NG) 64/SR6/1 dt.16.03.1964 E(NG)62/PM1/91 dt.09.08.1965 E( NG) I/70/PM l/168 dt.03.09.1976 E(NG) I/77/PM1/269 dt.03.05.1980 E (NG)63/PM1/43 dt. 06.09.1963 E(NG)II/84/RE/1/1/10 dt.21.04.1989 E53/SR6/21/3 dt.18.03.1954, 02.08.1954, 12.08.1954, 13.08.1954, 24.09.1954, E(NG) 53/SR6/7 dt.06.02.1961 E(NG)62/SR6/35 dt.12.03.1963 E(NG) I/80/SR6/4 dt.04.02.1981 E.54/SR6/24/3 dated16.11.1954 E.55/SR6/6/3 dt.19.05.1955 E.53/5R6/21/3 dt.22.08.1955, E(NG)65, SR6/31 dt.30.09.1965,08.12.1965,.29.01.1966, 01.04.1966, 01.12.1966. E(NG)I.85/5R6/14 dt.21.01.1966). E(NG)63/SR6/17 dated27.09.1963). E(NG) I/65/5R5/26 dt.23.08.1965 E(NG)I/78/PM1/304 dt.05.01.1979, PC-III.78/UPG/8 dt.16.05.1980 and Para318 IREM-1989). E(NG) I/69/SR6/25 dt.01.11.1969 and E(NG)65/RE1/8 dt.15.04.1965 E(NG)I/YO/SR6/43 dt. 13.03.1972 &. 17.08.1972 and E.55/SR6/15/3 dt.22.10.1956 E(NG)63/5R6/31 dt.26.08.1964, E(NG) II/73/RE1/16 dt. 11.04.1975 E(NG)I/71/SR6/39 dt.31.05.1977 E(NG)II/77/RE3/2 dt.02.09.1977 E(NG)55/SR6/15 dt.30.06.1959, 25.08.1959 E54/PM1/19/3 dt.04.04.1955 E(NG)l/72/ PM1/211 dt.14.12.1972, E(NG)I/78/ PM1/142 dt.25.07.1979, 30.10.1979 E(NG)I/80/PM1/188 dt.31.12.1980 E (NG) 63/PM1/92 dt.17.09.1964 ..
