RBE No. 07/2005: Seniority – SC/ST Promoted Earlier

No.E(NG)I-97/SR 6/3 Vol. IV, dated  13.01.2005

Sub: Principles for determining the seniority of staff belong to SC/ST promoted earlier vis-a-vis General/OBC Staff promoted later.

1. Reference para 3(iii) of this Ministry’s letter No.E(NG)1/97/SR6/3 (Vol.III), dated 08.03.2002 (RBE No. 33/2002) indicating that since the earlier instructions issued pursuant to Hon’ble Supreme Court’s judgment in Virpal Singh Chauhan’s case [JT 1995 (7) SC 231] as incorporated in para 319A of IREM Vol-I, 1989 Edition were effective from 10.02.1995 and the revised instructions issued pursuant to Constitution (85^th Amendment) Act, 2001 were being made effective from 17.06.1995, the question as to how the cases falling between 10.02.1995 and 16.06.1995 should be regulated was under consideration in consultation with DOP&T and that separate instructions in this regard would issue.

2. The matter has since been considered in consultation with the Department of Personnel & Training and Legal Advisor, Railway Board. It has been decided that since the Constitution (85^th Amendment) Act, 2001 has been made effective from 17.06.1995, the promotions, if any, of Railway servants which had taken place during the period from 10.02.1995 to 16.06.1995 as per the principle of regaining seniority by General/ OBC staff in terms of procedure in force at that point of time in implementation of Hon’ble Supreme Court’s judgment in R.K. Sabarwal’s and Virpal Singh Chauhan’s cases vide this Ministry’s letters No.E(NG)I-97/SR6/3, dated 28.02.1997 (RBE No. 36/1997) and 15.05.1998 (RBE No. 106/1998) may be protected as personal to them. Accordingly, the existing para 3(iii) of this Ministry’s letter No.E(NG)I/97/SR6/3 (Vol.III), dated 08.03.2002 (RBE No. 33/2002) may be substituted by the following:

“Seniority of Railway servants determined in the light of para 319A shall be revised as if this para did not exist on and after 17.06.1995. However, seniority determined and promotion effected in between the period 10.02.1995 and 16.06.1995 (both days inclusive) in terms of para 319A in force during the period in question shall be protected as personal to the incumbents”.

Download Railway Board Circular RBE No. 07/2005

Forward reference ⇒ RBE No. 29/2008