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Selection Procedure for promotion to General Selection Posts - Placement of names on panel - Instructions regarding.

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Selection Procedure for promotion to General Selection Posts - Placement of names on panel - instructions regarding names on final panel in the order of seniority in General Selections as wholly illegal

Text of the circular

RB/Estt. No 1132009

भारत सरकार /GOVERNMENT OF INDIA रेल मंत्रालय/ MINISTRY OF RAILWAYS

रिलवे बोर्ड (RAILWAY BOARD) No.E(NG)I-2008/PM7/4 SLP | New Delhi, dated (49.06.2009

The General Managers(P) All Indian Railways & Production Units.

(As per standard list)

Sub:- Selection Procedure for promotion to General Selection Posts - Placement of names on panel - instructions regarding.

As the Railways are aware, in pursuance of Hon’ble Apex Court's judgement dt.15.03.1996, in M. Ramjayram Vs. General Manager, South Central Railway an others, 1996 (1) SC SLJ 536, it was held that it is illegal to award marks for ‘Seniority for promotion to General Posts, i.e., those outside the normal channel of promotion for which eligible volunteers are called from different categories whether in the same

_ department, or, from different departments, Board vide their letter No.E(NG)I-

98/PM1/11, dt.16.11.1998, had modified the Selection Procedure to such General posts. These instructions are contained in para 219( | ) of Indian Railway Establishment Manual(IREM), Vol.!, 1989, as amended from time to time. In terms: of

instructions contained in clause (iii) below para 219( | ), final panel in such cases, is

required to be drawn up in the order of seniority from amongst those who secure a minimum of 60% marks in. professional ability and 60% marks in the aggregate

provided that those securing a total of 80%, or, more marks, are classed as

‘Outstanding’ and placed at the top of the panel, in the order of seniority. Besides above provisions, separate instructions prescribing different methods for placement of names on panel, in a few categories, viz, LDCE quota in the category of Sr. | Clerks(Rs.4500-7000), Commercial/Traffic Apprentices(Rs.5500-9000), for induction

_ of Intermediate Apprentices for eventual absorption as JE-II (Rs.5000-8000) in various

technical departments, qualified staff quota in the category of Skilled Artisans Gr.III(Rs.3050-4590) in various engineering departments, LDCE quota in the categories of Office Superintendent Gr.II(Rs.5500-9000) and Staff & Welfare

- Inspectors Gr.I(Rs.6500-10500) etc., have also been issued

2. The instructions regarding formation of panel in the order of seniority, have

been under challenge before various Courts/tribunals for granting relief in terms of

placement of names on panel in the order of merit based on the marks obtained in such General Selections. The provision of placement of names on final panel in the order of seniority, as indicated above, has been struck down by High Court/Punjab &

_ Haryana, in Writ Petition No.4746/2002 vide judgement dt.09.04.2008. High Court

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have, inter-alia, held that, since in such General Selections, candidates are not from the same seniority units and there is no common seniority list on the basis of which their names can be placed in the order of seniority, therefore, promotion to such posts should be made only on the basis of merit, uninfluenced by seniority of the candidates The Hon'ble High Court have accordingly declared the provision of arranging the names on final panel in the order of seniority in General Selections as wholly illegal and arbitrary and set aside the same. The Special Leave Petition No.16774/2008 filed before the Hon’ble Supreme Court against the High Court's above-mentioned judgement, has also been dismissed on 05.01.2009

3. The matter has, accordingly been carefully considered by the Board and it has been decided that in cases of promotion to General Posts in which candidates are

called from different categories, whether in the same department. or from different ..

departments and where zone of consideration, is not confined to three times the |

number of staff to be empanelled, panels should be strictly prepared as per merit, with reference to marks obtained by the candidates in ‘Professional ability’ and ‘Record of

Service’. Subject to usual relaxation for SC/ST staff, wherever permissible, those:

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