Promotion to General Selection Posts – Placement of names on panel

Railway Board Letter No
E[NG]I-2008/PM7/4 SLP dated 19.06.2009
Date
RBE No
113/2009
Circular Subject
Selection Procedure for promotion to General Selection Posts – Placement of names on panel – instructions regarding.

 

1. 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 and 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[j] of Indian Railway Establishment Manual  [IREM], Vol.I, 1989, as amended from time to time.  In terms of instructions contained in clause [iii] below para 219[j], 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% 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 the above provisions, separate instructions prescribing different methods for placements of names on panel, in a few categories, viz., LDCE quota in the category of Sr. Clerks [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 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 on 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 be  fore 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 securing less than 60%  in professional ability and 60% in  aggregate will not be considered eligible for inclusion in the panel.  Further, the service records of only those candidates who secure a minimum of 60% marks in professional ability , shall be assessed.  Since the final panel has to be drawn on the basis of merit, there will be no scope for erstwhile provision of placement of candidates who secure 80% or more marks, classified as ‘Outstanding’, on top of the panel. 

3.1.      These instructions will supersede all previous instructions, as far as the same relate to the provision of arranging names on the final panel in the order of seniority, for promotion to General Posts.  However, all other conditions, as contained in the specific instructions for a particular category, shall continue to hold good. 

3.2.      These instructions shall be applicable with immediate effect, i.e., from the date of issue of these orders, to all panels for promotion to General Posts.  Any previous selection panel drawn up otherwise, before issue of this letter, need not be reopened.

4.         Accordingly,  the Indian Railway Establishment Manual, Volume I, 1989 is also amended, as per ACS No. 209 enclosed. 

***

Indian Railway Establishment Manual, Volume I, 1989 Edition

ADVANCE CORRECTION SLIP No. 209

Chapter II Section ‘B’ - Rules Governing Promotion of Group ‘C’ Staff

I.              Substitute the following for the opening sentence of existing sub-para [j] of Para 219:

“[j]    For general posts, i.e., those outside the normal channel of promotion for 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, the selection procedure should be as under:-“

II.   Substitute the following for the existing clause [iii] below sub-para [j] of Para 219:  

                 “The final panel should be drawn up in the order of merit based on aggregate marks of  ‘Professional ability’ and ‘Record of service’.  However, a candidate must secure a minimum of 60% marks in ‘Professional ability ‘ and 60% marks in the aggregate, for being placed on the panel.  There will be no classification of candidates as ‘Outstanding’.” 

[Authority: Board’s letter No. E[NG]I-2008/PM7/4 SLP dated 19.06.2009]