Sub: - Filling up of the post of Chief Law Assistants in S.C.Rly – reg.
Ref: - (1) Notification No : SCR/P.HQ/228/EC/CLAs/XII dated 13.10.2015.
(2) Lr No.SCR/P/HQ/228/EC/CLAs/XII dated 05.02.2016.
Your kind attention is invited to the notification referred above which was issued to fill up the posts of Chief Law Assistants. In response, I had submitted my application, but was declared ineligible vide Annexure – B of the letter dated 05.02.2016 (Ref 2 above ), placing reliance on SCR S.C.No : 58/2011.
I REQUEST YOU TO KINDLY CONSIDER MY CANDIDATURE FOR THE SELECTION OF CHIEF LAW ASSISTANTS IN VIEW OF THE FOLLOWING GROUNDS:-
In SCR Serial Circular No: 58/2011 issued with reference to RBE 53/2011 it is clearly mentioned in the Subject and also in body of the letter that, it is for the purpose of Selection to the Group B Posts only, but Chief Law Assistant is a Group ‘C’ Post and not at all comes under Group ‘B’. (Copy of SCR SC 58/2011 Enclosed).
Recently Railway Board also clarified that the Comparison of Grades of Running Staff with those of Stationary Staff for the purpose of promotion to or selection to Group ‘B’ posts only ----As per RBE 92/2015 dated 18.08.2015. ( Copy enclosed).
For the selection of Chief Law Assistants in the year 2011 as per Lr No: CPO/SC’ LETTER No: SCR/P/HQ/228/EC/LCS DT 15.06.2011 Eligibility was given to me with the same or present Grade Pay of Rs.4200/- and attended exam on 09.07.2011. Grade pay not changed for me and also for the post of CLA from 2011 to 2016, then how I am ineligible for the present notification. (Enclosed my Attendance certificate of last notification of CLAs).
I had selected for the post of Traffic Apprentice in 10% LDCE Quota of BZA Division in the year 2006, but CAT/HYD quashed and set-aside the panel for not applying this Comparison of Grades as per the then SCR SC 295/1999 ( i.e., Fifth Pay Commission Scales Comparison ) in the Judgment of 544/2006 dt 04.05.2007.
At present my Designation is Sr. Passenger Guard with Grade Pay Rs.4200/- only. That means I am NOT getting any Allowances on the equated Grade Pay of Rs.4600/- . My Salary is drawn on this Grade Pay of Rs.4200/- only. The Administration never treated my Grade Pay as Rs 4600/- for the payment of Salary for Basic Pay ,Grade Pay or any other allowances like Dearness Allowance, House Rent Allowance, Over Time etc.,
For the Selection of ‘SECTION CONTROLLERS’ with GP Rs4200/- in LDCE Quota, Goods Guards with GP Rs. 2800/- are eligible to apply but the Goods Guard GP Rs. 2800/- is equated with Stationary Staff GP Rs.4200/-. If SCR SC No: 58/2011 is applicable for Promotion or Selection in Group ‘C’ then eligibility should not be given to the Goods Guards. Same case in the Selection of Welfare Inspector or Personnel Inspector’s. So SCR SC No: 58/2011 is not applicable for Group ‘C’ posts. ( Enclosed SCORs recruitment Notification).
In East Coast Railway Section Controllers Recruitment Sr Goods Guard with GP Rs 4200/- also selected and placed in the Panel. Rules are same and applicable to all the Railways. (Enclosed that Panel Copy)
In case of Medical De-Categorization of Running Staff also not considering to next higher Grade Pay i.e., Equated Grade Pay for fixation of Pay.
The Railway Board had given that Comparison of Grades for the benefit in the selection of Running Staff to Stationary Staff for Group B, where as our Administration implementing to spoil the career of the Running Staff by interpreting in other wrong notion. In every letter of Comparison of Grades of Running Staff to Stationary Staff i.e., RBE 53/2011, SCR SC: 58/2011 and RBE 92/2015 it is clearly mentioned that it is meant for the purpose of Group B Posts only.
In CLAs Notification it is stated that Grade Pay Eligibility as per SCR SC No: 143/2009 or RBE 161/2009 ; In that Circular no where mentioned about the Running Staff and also as per this circular, Employees with GP Rs4200/- are eligible to apply for the post of GP Rs 4600/- and my present Grade Pay Rs 4200/-.(Enclosed copy of SCR SC No: 143/2009 and RBE 161/2009).
Railway Board have clearly given the Eligibility criteria for the Post of Chief Law Assistant in the RBE 180/2000 dated 16.10.2000. As per this Circular I am eligible to consider my candidature to the post of Chief Law Assistant.( Enclosed copy of RBE 180/2000).
Declaring Running Staff ineligible for the selection of Chief Law Assistants is nothing but a Violation of Article 14 and 16 of the Constitution of India and it is totally against to the Fundamental Rights.
Therefore it is requested that the above cited unjust orders may please be withdrawn and issue fresh “ELIGIBLE LIST” for the CLA Exam by including Running Staff of GP Rs4200/-as SCR SC 58/2011 applicable for GROUP “B” Posts only. Thus it cannot and should not be stretched beyond that so as to include Group ‘C’ Posts as well.
I request your kindness for immediate action to avoid Litigation in the Court of Law to save my future in Railways.
In these circumstances I humbly request your good office to ----
Kindly include me in the eligible volunteers by revising it and
Reschedule the Exam Date which was originally fixed on 29.02.2016 consequently duly giving sufficient preparation time.
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