RBE No. 29/2008: Seniority – SC/ST Promoted Earlier General/OBC

No.E(NG)I-97/SR6/3 Vol.IV, dated 29.02.2008 

Sub: Principles for determining the seniority of staff belonging to SC/ST promoted earlier vis-à-vis, General/OBC staff promoted later.

Ref: (i)    Board’s letter No.E(NG)I-97/SR6/3 (Vol.III), dated 08.03.2002 (RBE No. 33/2002).

        (ii)    Board’s letter No.E(NG)I-97/SR6/3 (Vol.IV), dated 13.01.2005 (RBE No. 07/2005).

The Railways are aware that in pursuance of the Constitution (85^th Amendment) Act, 2001, instructions were issued vide this Ministry’s letter dated 08.03.2002 (RBE No. 33/2002) quoted above that w.e.f. 17.06.1995 SC/ST Railway servants shall on their promotion by virtue of rule of reservation/ roster, be entitled to consequential seniority also. These instructions were, however, reiterated vide this Ministry’s letter of even number dated 21.11.2002 (RBE No. 209/2002) for implementation subject to final outcome of the Writ Petitions pending before the Hon’ble Supreme Court.

The Railways would also be aware that while disposing off the aforesaid Writ Petitions the Hon’ble Supreme Court in their order dated 19.10.2006 in the case of M. Nagaraj & Ors. V/s UOI & Ors. have, inter-alia, upheld the validity of Constitution (85^th Amendment) Act, 2001. So far as other issues discussed in Apex Court’s judgment, relevant clarifications have since been issued by DOP&T vide their O.M. No.36036/2/2007-Estt.(Res),  dated 29.03.2007 and circulated vide this Ministry’s letter No.97-E(SCT)I/49/25, dated 29.05.2007. Thus, in the light of the Hon’ble Supreme Court’s order dated 19.10.2006, the seniority of the SC/ST Railway servants promoted by virtue of rule of reservation/ roster shall be regulated in terms of instructions contained in Board’s letters dated 08.03.2002 (RBE No. 33/2002) and 13.01.2005 (RBE No. 07/2005) referred to above.

Please acknowledge receipt.

Download Railway Board Circular RBE No. 29/2008

Forward reference ⇒ RBE No.