Promotion Of Non-gazetted (Group ‘C’) Staff To Non-selection Posts Policy & Procedures

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Master Circular No. 37   CONTENTS   No. Subject 1 Introduction 2 Definition of Promotion 3 Promotion for filling Non-selection posts 4 Assessment of vacancies 5 Eligibility Conditions 6 Suitability test, Number to be Called, Continuation/ Supplementary test, Interval between two suitability  tests etc 7 Representation against suitability test/list 8 Proforma promotion as a result of empanelment for higher grade 9 Effect of Refusal of Promotions 10 Ad hoc Promotions 11 Erroneous Promotions 12 Exemption in Suitability Test 13 Promotion Courses 14 Procedure/guidelines for promotion of staff under suspension/DAR 15 Reservation  for SC/ST 16 General   Link to Chapter II of IREM Vol. I   Link to other Railway Boards Letters on the Subject      Promotion of Non-gazetted (Group ‘C’) staff to Non-selection posts Policy & Procedures   At present the orders relating to promotion of  non-gazetted (Group ‘C’) staff to non-selection posts are contained in Chapter II  – Selection ‘B’ of IREM, 1989 and also in a number of office circulars/letters issued from  time to time. The question of consolidation of the existing orders/circulars has been under the consideration of the Ministry of Railways. They have now decided to issue a consolidated order on the subject as below  for  the information and guidance of all concerned.   2. Promotion: Promotion includes promotion from lower grade  to higher grade, from one class to another class and from one  group to another group.    (Para 211 of IREM, 1989)   A Railway servant may be promoted to fill any post only if he is  considered  fit to perform the duties attached to the post. The Railway Board, General Manager, the Head of Department or the Divisional Railway Manager may prescribe the passing of  specific departmental  or other tests as condition precedent to a  Railway servant being considered fit to hold specified posts, such rules should be published for the information of the staff  concerned.   (Para 213 of IREM,1989)   Unless specifically provided otherwise, promotion shall  be made without any regard for communal or racial consideration.   3.   Promotion for filling Non-selection posts   3.1 Non-selection  posts  will be filled by  promotion  of  the senior most suitable Railway employees, the suitability, whether of individual or a group of employees, being determined  by  the authority competent to fill the posts on the basis of the record of service and/or departmental tests as considered  necessary.    The categories where such tests are to be conducted  should  be specified by the Railway Administration in advance.   3.2 A senior employees may be passed over only if he/she has been declared unfit for holding the post in question.   3.3  When a senior Railway employee is passed over, the authority making  the promotion shall record briefly the reasons  for  such superssession.      (E.48/RC1/18/3 dated 21.11.1953 (Item 2), E(56)/PM1/12/3  dated 23.03.1956,  E(NG)I/80/PM1/317 dated 30.12.1980 and para  214  of IREM, 1989)   4.   Assessment of vacancies:   4.1 The calculation of vacancies or promotion to non-selection posts should be  made on the basis of the number of existing vacancies plus those anticipated to arise (as defined  below  in para 4.2) during the next 4 months.   4.2 The concept of anticipated vacancies can note the following type of vacancies:-   (a) Vacancies on account of normal wastage, viz; retirement or superannuation;   (b) Vacancies  likely  to be caused as a  result of staff having given notice for voluntary retirement provided the same are likely to be accepted;   (c) Vacancies in higher grade in the channel, the filling of which will result in the need to  make  consequent appointments from the proposed panel;   (d) Vacancies likely to be caused due to staff approved to go on deputation to other units;   (e)  Number of  staff already empanelled for ex-cadre posts;   (f) Vacancies likely to arise due to creation of additional posts in higher grade and also in  the  same  grade.           This may include only those proposals which have been concurred in  by  the Accounts  and  approved  by  the competent authority; and   (g) The vacancies arising out of cases where staff are likely to go out on transfer to other Railways/Divisions during the period under consideration.           E(NG)I/76/PM1/21 dated 02.02.1983)   5  Eligibility Conditions (condition of the minimum two years service in the immediate lower grade)   5.1 The minimum period of service for eligibility for  promotion within Group ‘C’ should be two years in the immediate lower grade irrespective of whether the employees belong to reserved community or not. In the case of safety categories the condition of 2 years service  in the immediate lower grade will apply to promotion of Group ‘D’ staff also.   5.2 Service for this purpose shall be the service  rendered on regular  basis. Service rendered on ad-hoc basis shall,  however, be  taken  into  account for this purpose if it  is  followed  by regularisation without break.   5.3 The condition of two years minimum service has to be satisfied at the time the promotion is actually made. Thus employees who are regular in the relevant lower grade can be considered according to the procedure laid down but a person, who is empanelled, can actually be promoted only when he completes two years service in the immediate  lower  grade. Accordingly, a suitable note  to this effect should be inserted in all suitability lists which included names of candidates who have not completed  two  years of service in the lower grade at  the  time suitability was adjudged.   5.4 Where longer length of service in the lower grade has  been stipulated as a condition of eligibility for promotion  in  any particular category, the same will continue to apply.   5.5 If by virtue of operation of the above, a junior is eligible for  promotion to the relevant next higher grade, his/her  senior also  will  be eligible for promotion even  though  he/she  might not have  put  in a total of two years service  in  the  immediate lower grade.   5.6 In case where promotion could not be made on account  of  a Stay Order or injunction of the Court of Law and the employees  in the meantime becomes due for promotion to higher grade but  could not be promoted on account of non-fulfilment of two years service in  the immediate lower grade, relaxation can be granted in  such cases with the personal approval of :-   i)  DRM in the case of Divisionally controlled posts;   ii) A nominated SA Grade Officer of the concerned Department in the  case of posts  controlled  by  the headquarters (standing nomination to be done by the PHOD of the Department).   iii) Respective SA Grade Controlling Officer in other cases   5.7 In addition to the above, the employees should also fulfill the educational  qualifications  etc. and  any  other condition wherever  prescribed for the post for which suitability  test  is held.   5.8 If a person is selected for and appointed in another cadre to a post in the same grade as that held by him in his parent cadre and he has to seek further promotion in the new cadre, he has to render two years service in the new cadre  before  being promoted therein.   5.9 If the post is to be kept unfilled due to candidates  with two  years  service  in  the immediate lower grade not being available the posts should be downgraded and operated in the lower grade.   5.10 Two years service condition in the immediate lower grade is also  applicable to local officiating / ad hoc  promotions  against short terms vacancies.   (No.  E(NG)I/75/PM1/44 dt. 31.05.1982, 22.09.1982 &  26.05.1984,  No. E(NG)I/85/ PM1 /14 (RAEC-78)   dt. 13.11.1985,   E(NG)I/85/PM1/ 13(RRC) dt. 19.02.1987, 04.11.1987, 23.03.1989 and 13.02.1990)     6. Suitability test, Number to be Called, Continuation/Supplementary test, Interval between two suitability  tests etc :-      6.1 The number of eligible candidates to be  considered  at  a suitability  test  should be the same as the number  of  vacancies calculated  for this purpose in accordance with para 4 above  so that  persons  qualified  need not wait long  for  promotion. If sufficient  number of suitable candidates are not available  are not  available further candidates to meet the shortfall may be called up in  continuation and so on, but  the  whole  process/ should  be  completed  within  six  months. If  this  period  is exceeded.,  it  will be treated as a fresh suitability  test and those who failed in the earlier test should be eligible  for reconsideration.   6.2 Next suitability test should be held after a gap of not less  than  six months. All eligible staff, including  those  who failed in the earlier test should be called. Period of six months is reckoned from the date of announcement of results.   6.3  An employee who has passed a suitability test once need not be called for the test again and should be eligible for promotion as and when vacancy arises.   6.4 An  employees  failing  in  a  suitability  test  should be considered  only for a fresh suitability test after a  lapse  of six  months  and  not  in a  supplementary  suitability  test  or suitability  test held in continuation of the earlier one which has to be done within six months.   6.5 If a person fails in a suitability test but is called up again  for a suitability test after a time lapse of  six  months and he/she passes the same, he/she should be given preference for promotion over his/her junior, who had passed the  suitability test  earlier but is still waiting to be promoted for want  of  a vacancy.   6.6 If a  Railway servant is promoted after  qualifying  in  a suitability  test  and  is subsequently reverted  on  grounds of unsuitability,  he/she should not be further promoted to the  said post, irrespective of time limit, till he qualifies afresh in  a suitability test and held next for promotion to such a post.   6.7 An employee who is unable to appear in a  suitability test within a period of six months due to reasons beyond his  control, such as  prolonged  sickness  etc., he/she  should be given a supplementary suitability test within a reasonable period after return to duty and on being found suitable for promotion, he/she should be assigned proforma seniority position viz-a- vis his/her juniors promoted earlier.   6.8 Once an employee has been placed on a suitability  list  he should not be denied the promotion simply because of subsequent adverse confidential  Report. However, it s open to the Administration to revert  him  on  the  ground   of general unsuitability, in case his work is found unsatisfactory  after promotion, in terms of the Board’s letter No. E(D&A)/65/6/24 dt. 09.06.1965 and E (D&A)/61/RG6/20 dt. 30.05.1966 (Annexure – I & Annexure II) which also apply to promotion to non-selection Posts mutatis-mutandis.   6.9 However,  a  person  promoted  after  being  found/declared suitable  cannot  be reverted for unsatisfactory work after 18 months without following the  procedure  prescribed  in   the Discipline and Appeal Rules.   Note: General Managers may, however, in very special circumstances revert an  employee regularly officiating in a higher  post,  in relaxation  of  the above mentioned time limit of 18  months,  in exercise of their personal judgments.   6.10 The following procedure has been evolved for effecting reversion of such a  person on account of unsatisfactory performance, such unsatisfactory performance  being adjudged from:-   (i) The  annual C.R. of the employee, if  already  written; and   (ii) By  calling for a special report on his performance  if his C.R. has not been written.   (iii) Reversion should take place only after the incumbent has been  warned for unsatisfactory performance and after having watched his subsequent performance  after warning.   (iv) Decision for such a reversion should be taken  at  the level of DRM  in  the  Division  for  divisionally controlled  posts  and  the  Head of  the   Department  concerned for the Headquarters controlled posts.   (v) In case where action as above is taken, the concerned Railway  employee will have to appear at a subsequent suitability test before his repromotion.   Note: (1) The procedure indicated in sub-paragraph 6.9 and 6.10 above will be applicable to those employees who  have acquired the prescriptive right to the officiating post by virtue of their having been found/declared suitable.   (2)  The  said procedure does not apply to  those  employees officiating  on  a stop-gap arrangement on  an  ad  hoc basis and also to those cases where the employees  duly selected have to be reverted after a lapse of 18 months because of the cancellation of   the  promotion proceedings or consequent on the rectification of mistake in seniority etc.   6.11 Whenever a written test is held for promotion to the highest grade on-selection post in a category, objective type question may  be  set  for about 50{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of the total  marks,  the  remaining questions could continue to be the narrative  (conventional)type. The above percentage for objective type questions is intended  to be  for guidance only and should not be taken as constituting  an inflexible percentage.   6.12 Question papers are required to be prepared in bilingual form for all the Departmental tests. The staff will have the option  to write their answers in Hindi. Option of Hindi medium should also be allowed in viva-voce conducted as part of Departmental  tests. This will, however, be subject to the condition  that  where  necessary, knowledge of  English  may  be tested  separately to ensure that the employee  would  understand instructions relating to requirements of his job. Where, however, the competent authority considers that the knowledge of English is essential, which shall be in few cases, the authority may  insist upon such test being conducted in English.   6.13 Whenever written test is held for adjudging suitability  the subject of ‘Passenger Amenities’ should also, as for as possible, figure in the questions for written examination for promotion  to the post of Inspectors etc. in categories of staff concerned with Provision  and  maintenance of passenger laid down by  the  Zonal Railways.   ( E(NG)I/76/PM1/21 dt .15.01/1980,   E(NG)I/76/PM1/122 dt .26.06.1980, E(NG)I/82 /PM1/68 dt.28.04.1982,  E(D&A)85/RG6/9 dt 20.04.1985, E(NG)I/87/PM1/21 dt 14.12.1987, Hindi-87/CL1/10/3 dt 03.11.1988  and E(NG)I/90/PM1/36 dt 19.12.1990).   7. Representation against suitability test/list:   7.1 A suitability list once approved should not  be  normally cancelled. If after the announcement of the  suitability  list procedural  irregularities or other defects are found and it is considered necessary to cancel or amend such a list, this  should be done after obtaining the approval of the authority next higher than the one who approved the suitability list.   7.2  Representations, if any, in this regard should be  submitted to the competent authority within a period of two months from the date of announcement of the list. However, the  authority that approved the list or higher authority may use his discretion and take  such action as is considered necessary if he  is  satisfied that an irregularity has occurred and on that account some  staff have been put to hardship.   8. Proforma promotion as a result of empanelment for higher grade:      If an employee is selected for a higher grade selection post, he will be given proforma position in the non-selection intermediate grade only if such a position was due in  accordance with his  seniority, suitability being accepted by  virtue of fitness  for  the  higher grade on the  basis  of  the  procedure prescribed for this purpose.   E(NG)56/PM1/36 dt 22.01.1960 and Para 222(b) – Chapter-II, Section-B, IREM-1989)   9. Effect of Refusal of Promotions:   9.1  The following principles may be followed in respect of staffs who refuse promotion on transfer from one station to another:-   (a) The employee concerned  should give  in  writing  his refusal to accept promotion accepting the condition that he would not be eligible for promotion to that post for a period of one year. Employee the  refuses  promotion for a period of one year on account of some unavoidable domestic  reasons  should not be transferred  for  that year. (b) At the end of the one year period, if the employee still refuses promotion, his name will be removed from the suitability list and he will be required to appear against for a suitability test before being promoted to that post. In such cases, the Railway Administration can transfer the employee should they consider it necessary to do so.   (c) An employee who refuses promotion on transfer will  not lose seniority to another employee promoted to the same promotion  category  during the one year penalty  as  a result of fresh suitability test subsequently held.   (d) It is left to the Administration to entertain requests from employees for postponement of promotion for a very short period on account of some domestic difficulty or other humanitarian considerations. The  employees concerned should be promoted after that period if there is a vacancy. They will take their seniority only  from the date of their promotion.   9.2 Staff promoted at the same station cannot decline such promotion. Refusal to accept the promotion in the higher  grade, whether on  short term or long term basis should be treated as refusal of  duty entailing action under  Discipline and Appeal Rules  against  the  recalcitrant staff. However,  action  under Discipline and Appeal Rules for good and sufficient reasons may be initiated for refusal of ad hoc promotion only in those cases where such refusal affects train operations. Other conditions like  debarment  for one year etc. specified in  Railway  Board’s instructions would apply.   9.3  It is for the competent authority to decide in which cases D&A action is necessary and in which cases the difficulties or reasons given by the employees concerned are genuine. In the latter  type of  cases, the competent authority can always accept the  request of the staff and allow them to continue in the existing grade.   9.4 In the case of an employee who neither gives the refusal  in writing nor joins duty on being promoted, it should be treated as refusal of promotion and action taken accordingly.   9.5 Refusal of promotion has relevance to a particular grade  at any station and not to a particular post at a particular station.   9.6 In case of Section Officer  (A/cs) Inspectors of Station/Stores Accounts  who refuse  promotion, their  panel position is maintained for that particular year i.e. they do  not lose in seniority.   9.7 Penalty for refusal of promotion applies to cases of seeking of reversion in the grade after being once promoted.   (E(NG)64/PM1/66 dt. 21.01.1965, E(NG)64/PM1/66 dt. 14.10.1966 &  04.05.1962, E (NG) I/71/PM1/106 dt.15.12.1971, E(NG)I/73/PM1/120 dt. 02.02.1974, 04.09.1974 and 11.09.1974, E(NG)I/76/PM1/90 dt. 22.09.1978, E(NG)I/79/PM1/147 dt. 31.01.1981, E(NG)I/80/PM1/133 dt. 05.07.1980, E(NG)I/88/PM1/6 dt. 19.12.1989) 10.  Ad hoc Promotions:   10.1 Government  is averse to making  ad  hoc  promotions and continuing the same for a long time with results in hardship to the employees when reverted.   10.2 Normally ad hoc promotions should not be made in  vacancies of  regular nature. In any case such arrangements should  not  be allowed  to  last  beyond 3 to 4  months  except  in  exceptional circumstances like Stay Orders from the Court etc.   10.3 Ad hoc arrangements should normally lapse after 4 months. Further continuance can only be ordered by the CPO personally who should determine the reasons for non-finalisation of suitability test etc and then authorise extension for the ad hoc  promotions for a minimum period. Delays in holding suitability test must  be explained and put up for GM’s perusal and acceptance.   10.4 The  FA & CAO should not clear the pay of  such  promotions beyond 3 months unless such sanction has the personal approval of the CPO.   10.5 Where it is absolutely necessary to fill up a post on ad hoc basis, then the senior most person available in the seniority list should  normally  be promoted unless the authority ordering the promotion  considers  him unsuitable; exception may  be  made  in cases  where  change  of  station  is  involved and  short  term promotions involving transfer are not desirable. It is not also the intention that staffs who have failed in the suitability test should be debarred even for promotion on ad hoc basis.   10.6 In no case second ad hoc promotion should be allowed.   10.7 Some of the situations which may lead to ad hoc  promotions are illustrated below:-   (a) Due to absence of a suitability list   (b) Revision of Recruitment/Promotion  Rules  is   under process or is contemplated; and   (c)  revision of seniority list     Reg.(a):  As indicated above the ad hoc promotion should not be  for more than 3 to 4 months. Any extension should  have  the personal approval of the CPO and every effort should be  made to finalise the suitability tests.   When ad hoc promotions are made in such a case, the notification for  promotion should clearly specify that the employee concerned has not been approved far  regular  promotion and  that  this ad hoc promotion gives him no right  for  regular promotion  and that his promotion is provisional for the  purpose of drawing pay.   Reg.(b): Generally Rules are brought into effect prospectively. Hence posts are to be filled by holding selection in  accordance with the eligibility conditions prescribed in  the Recruitment Rules in force as the point of time.   Reg.(c): Wherever the seniority is under  dispute, selections may be made with reference to the existing  seniority when  the  cases are pending before the Court of  Law/Tribunal, selections may be finalised with the existing seniority list but while  making promotions it may be mentioned in the  order  of promotion,  that the promotions are provisional  subject  to  the final order of the Court/Tribunal.      (E.55/PM1/19/3 dt.11.06.1955, E(NG)I/73/PM1/222 dated  23.02.1974, E(NG)I/79/ PM 1/105 dt. 26.04.1979, E(NG)I/80/PM1/125 dt.  14.08.1980, E(NG)I/81/–/PM1/221 dt. 28.06.1982, E(NG)I/85/PM5/3 dt. 28.08.1985 and E(NG)I/88/Pm1/10 dt. 14.12.1989).   11.  Erroneous Promotions:   11.1 Sometimes due to administrative error, staffs are overlooked for promotion to higher grade. This could be either on account of  wrong assignment of relative seniority of the eligible staff or full facts not being placed before the  competent  authority.  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 has been promoted but not on the date from which he would have been promoted  but  for  the administrative error.   11.2 Each such case should be dealt with on merits. Staff who have not been  promoted on account of administrative error, should, on  promotion, be assigned correct  seniority  vis-a-vis their  juniors  already  working, irrespective of the  date  of promotion. Pay in the higher grade may be fixed proforma at  the stage  which the employee would have reached, if he was  promoted at  proper time, However, no arrears shall be paid as he did  not actually shoulder higher responsibility of the higher post.   11.3  The orders of notification, promotion or appointment of a railway  employee in a substantive or officiating capacity  to a post if later found to be erroneous on 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 or appointment.   11.4 Service  rendered by the Railway servant concerned  in the post to which he was promoted wrongly should not be reckoned for purpose of increment or for any other purpose in that grade.   11.5 Any consequential promotions/appointments made as a result of the erroneous promotion, will also be required to be regulated on the lines indicated above. 11.6 The decision on question whether the promotion/appointment of a particular Railway servant to a post was erroneous or not should be taken  by an authority  higher  than  the  appointing authority.   11.7 Suitable disciplinary action should be taken against those who were responsible for such erroneous promotions/appointments.   11.8  The orders refixing the pay in such cases should be  issued expressly under Rule 1326 R-II.   (E(NG)63/PM1/43 dt. 06.09.1963 & E(NG)63/PM1/82 dt. 17.09.1964)   12. Exemption in Suitability Test in the open line on the  basis of suitability Test  passed while in RE or Construction Projects:   Employees who have already qualified in the suitability test for non selection posts while in Construction/R.E. Projects need not be subjected  to such tests on open line and  they  may  be promoted on the basis of their seniority as and when due in turn.   This  is, however, applicable in comparable categories/grade/trades only in which the lien of the individual is kept  on  the open line and is applicable to only one grade higher than the one in which the lien is kept.   (E(NG)I/75/PM1/266 dt. 21.02.1976, 04.07.1976 and 29.11.1977)   13.  Promotion Courses:   13.1 Railways may prescribe requisite promotional courses passing of which should be pre-condition for promotion to a grade  in  a cadre.   13.2 When employees are booked for promotional course, they should be relieved immediately.   13.3 No exemption should be given from passing a prescribed promotional course.   13.4  In  case of posts for which ‘Promotional Course’  has  been prescribed  as  a  pre-requisite  condition  to  promotion,   the employee  may  be allowed to avail of three chances to  pass  the course  at the cost of the Administration. More chances,  if  any allowed, should be at the cost of the employee himself.   (E(NG)I/73/PM1/196 dt. 05.12.1973, E(NG)I/76/PM1/219 dt. 31.05.1977 and E(NG) I/85/PM1/4 dated 27.04.1985)   14. Procedure and guidelines to be followed in the case of promotion of Railway  employees who are under suspension or against whom departmental proceedings/ prosecutions have been initiated or whose conduct in under investigation is enclosed  as Annexure III to this circular. Clarifications issued vide  letter of even number and date should also be kept in view. (E (D&A)88/RG6/21 dated 21.09.1988) 15. Instructions contained in the “Brochure on reservation  for SC/ST”  concerning promotion wherever found necessary would  also be applicable.   16.  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 consolidation  of the  instructions  issued  so far  and  should  not  be treated as a substitution to the originals. In case of doubt, the original circular should be replied upon  as authority.   (b) The instructions contained in the  original circulars referred to have only prospective effect from the  date of issue unless specifically indicated otherwise in the concerned  circular.  For dealing with old  cases,  the instructions  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.                                                   ANNEXURE – I   Sub: Reversion on grounds of general unsuitability of  staff officiating in a higher grade or post                                  [No. E(D&A)  65/RG6-24  dated 09.06.1955]        In Shri N. Kamalkara Rao, Director Establishment’s D.O. No. E55RG6-26  dated  21.05.1956, it was, inter alia,  stated  that  any person who is permitted to continue to officiate beyond 18 months cannot in future be reverted for unsatisfactory work  without following the procedure prescribed in the Discipline and Appeal Rules. These instructions were cancelled vide Board’s letter No. E(D&A)60RG6-5  dated  01.02.1960  and 14.05.1960,  thus  permitting  the reversion of an employee officiating in a higher post, on  grounds of general unsuitability, at any time and not necessarily  within a period of 18 months, without following the procedure prescribed in the Discipline and Appeal Rules.        The  Board  have reconsidered the matter and  feel  that  it would  not be correct to effect such reversions after prolonged officiating periods. They have, therefore, decided again that, in future, any person who is permitted to officiate beyond 18 months cannot  be reverted for unsatisfactory work without following  the procedure prescribed in the Discipline and Appeal Rules.                                             ANNEXURE-II   Sub: Removal  of the name of a Railway employee from  a panel for promotion to a selection post                              [No.  E(D&A)61RG6-20 dated 30.05.1966]   Reference  Board’s confidential letter No.  E55PM2-53  dated 21.05.1956 on the above subject, wherein instructions were  issued regarding the procedure to be followed in removing the name of  a Railway employee from a panel in certain types of cases.  In  the light of the judgments of various High Courts, the qu3estion has been re-examine by the Board in consultation with the Ministries of Home Affairs and Law, and in supersession of the  instructions contained  in  the above mentioned letter, they have  decided  as follows:-   (a) The name of a Railway employee, who has been  promoted by virtue of his position on a panel, should not be removed from the panel (while the panel lasts)  until he is confirmed in the post, to which he has been promoted. If the employee, while still officiating,  is reverted  on grounds of unsuitability – not  a  penalty vide item (iv) of Explanation 1 under Rule 1707-RI-his name should  continue  to be borne on  the  panel. A suitable remark may, however, be passed  against his name, including that he was given a trial but was considered  unsuitable. In such cases,  the  competent authority  need  not  recommend the  employee  for  re-promotion  during  the  currency of  the  panel  merely because  his name is borne on the  panel. When the currency of the panel lapses the name of the employee automatically disappears, along with the residual names on the panel.    (b) If  the  Railway  employee, whose name is  borne  on  a panel,  is  considered unsuitable for promotion even before he is promoted, his name should be removed  from the panel but before this is done the reasons for  such action  should be communicated to him and he should  be given  an  opportunity to explain his  case.   In  such cases,   (i) The power to remove the name from the panel should be exercised by an authority next above that which initially approved the panel; and   (ii) The railway employee will have a right of appeal against his  empanelment  to  the  next   higher authority.   2. The question of taking action as indicated in  item(a)  and (b)  above would obviously arise only when the panel is  current.  In cases where such action is taken the railway employee concerned will have to appear at a subsequent selection after currently  of the panel has expired.

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