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Principles of determining seniority of staff belonging to SC/ST categories promoted earlier vis-à-vis those General/OBC candidates promoted later. (official digest)

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Summary

Official Railway Board digest, not the complete circular. Principles of determining seniority of staff belonging to SC/ST categories promoted earlier vis-à-vis those General/OBC candidates promoted later.

Text of the circular

Principles of determining seniority of staff belonging to SC/ST categories promoted earlier vis-à-vis those General/OBC candidates promoted later. (official digest)

RBE No. 209/2002 Date: 2002-11-21 Official source: https://indianrailways.gov.in/railwayboard/uploads/directorate/establishment/order_oct-dec.jsp

Official Railway Board digest - gist only, not the complete circular.

Reference: E(NG)I/97/SR6/3 (Vol.III) dt. 21-11-2002

Principles of determining seniority of staff belonging to SC/ST categories promoted earlier vis-à-vis those General/OBC candidates promoted later. Reference instructions contained in this Ministry’s letter of even No. dated 20-5-2002 communicating the interim direction of the Supreme Court dated 19-4-2002 in IA No. 2/2002 in Writ Petition (Civil) No. 234/2002 filed by All India Equality Forum, for maintaining status quo (as on 19-04-2002) till further orders. The Hon’ble Supreme Court on IA No. 5 on behalf of respondent No. 3 (Railways) in Writ Petition (Civil) No. 234/2002 alongwith other connected batch of Writ Petitions and IAs , have on 11-11-2002 passed further directions as under:- “ These Writ petitions involve the constitutionality of Article 16(4A). The Court by an interim order had directed not to revert any of the petitioners from their existing placement nor affect their standing in the seniority list, but at the same time the provisions of Article 16(4A) can be implemented and by virtue of that provision if some of the reserve category candidates are entitled to promotion they shall be promoted. The obvious idea being the court should not stay the operation of a constitutional provision. The state finds difficulty in implementing the order on the ground that there does not exist sufficient vacancy of posts in a particular cadre to give effect to the provisions contained in Article 16(4A). This being an interim arrangement we direct that they should apply to the number of vacancies available in a cadre to give effect to the promotional policy and undoubtedly such a promotion can be granted only when the state makes a provision for reservation in terms of Article 16(4A) ….” A copy of the aforesaid order of Hon’ble Supreme Court is also enclosed herewith. In view of the directions given by the Hon’ble Supreme Court, it has been decided to go ahead with the implementation of the instructions contained in this Ministry’s letter of even number dated 8-3-2002 . This will, however, be subject to final outcome of the Writ Petition pending before the Hon’ble Supreme Court.

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