Promotion: RBE No.309/1989 – On ad-hoc Basis

No.E(NG)I/88/PM1/10, dated 14.12.1989

Sub: Promotion of non-gazetted Railway employees on ad-hoc basis – Instructions regarding.

1. As the Railways are aware, instructions have been issued by the Ministry of Railways from time to time with a view to discouraging ad-hoc promotion of non-gazetted railway employees. Comprehensive instructions in this regard were issued under Board’s letter No.E(NG)I/85/PM5/3, dated 28.08.1985 (RBE No.231/1985). However, it has been noted that on some of the Railways ad-hoc promotions continue to be made. Particular mention may be made of following circumstances in which ad-hoc promotions may be made:-

(i) Revision of recruitment and promotion rules (including AVC) is under process or is contemplated;
(ii) Revision of seniority list is in process.

2. Ministry have reviewed this matter and have decided that instead of making ad-hoc promotions in the above contingencies, action should be taken on the following lines:-

(i) Revision of recruitment and promotion rules (including changes in AVC):-
Posts are normally to be filled as per eligibility conditions prescribed in the rules in force at the time of holding selection/ suitability test unless the rules are brought into force with retrospective effect. In fact, the practice has generally been to give effect to amendments in the recruitment and promotion rules only prospectively to avoid complications. Hence regular promotions may be made in all such cases in accordance with the rules in force at the material time. No ad-hoc promotions should be made on the ground that the recruitment and promotion rules including AVCs are proposed to be revised or amended or such revision/ amendment is under contemplation.

(ii) Revision of seniority list:-
One of the reasons for making ad-hoc promotions could be that the seniority position of the employees in the feeder grades is disputed. In all such cases regular promotions may be made based on the existing seniority list. In case such disputes are pending before a Court/ Tribunal, unless there is an injunction/ stay order against making regular promotions, the competent authority may make promotions on the basis of the existing seniority list. However, while issuing the orders in such cases, it should be is stipulated that these promotions are provisional and subject to the final decision of the Court/ Tribunal. Subsequently, when the directions of the Court/ Tribunal become available and as a result the seniority list has to be revised, a Review/ Supplementary Selection may be held and necessary adjustments made in the promotions of employees based on the revised seniority list. In case any of the employees provisionally promoted does not figure in the panel/ suitability list based on such revised seniority, he may be reverted to the post held by him earlier.

3. Please acknowledge receipt.

Download Railway Board Circular RBE No.309/1989

Forward reference ⇒ RBE No.