SENIORITY RULES & REGULATING FOR NON-GAZETTED RAILWAY EMPLOYEE
General Rule (As per IREM Vol. -1 Rule 301).—The rules contained the General principles that may be followed for determining the seniority of non-gazetted railway servants on railway administration, except that for the purpose of determining the seniority and promotion of non-gazetted employees of the Diesel Locomotive Works the rules contained in Rule 324 to 328 shall be followed.
Note—Such of the rules in this section as are not already extent shall apply from such dates as may be fixed by the railway administrations. The seniority of the staff already determined under the extant rules or orders of the respective railway administrations shall not be altered.
Seniority in initial recruitment grades (As per IREM Vol. -1 Rule 302). Unless specifically stated otherwise, the seniority among the incumbents of a post in a grade is governed by the date of appointment to the grade. The grant of pay higher than the initial pay should not, as a rule, confer on a railway servant seniority above those who are already appointed against regular posts. In categories of posts partially filled by direct recruitment and partially by promotion, the criterion for determination of seniority should be the date of regular promotion after due process in the case of promotee and the date of joining the working post after due process in the case of direct recruit, subject to maintenance of inter-se-seniority of promotees and direct recruits among themselves. When the dates of entry into a grade of promoted railway servants and direct recruits are the same they should be put in alternate positions, the promotees being senior to the direct recruits, maintaining inter-se-seniority of each group.
Note - (i) In case the training period of a direct recruit is curtailed in the exigencies of service, the date of joining the working post in case of such a direct recruit shall be the date he would have normally come to a working post after completion of the prescribed period of training.
(No. E (NG) I-78-SR-6-42 dt. 7-4-1982 ACS. 132).
Note (ii) The Provision contained in Note (i) above will also apply to the Inter Apprentices and departmentally selected candidates against the quotas prescribed in certain categories to be filled by Limited Departmental Competitive Examination ( such as 10% in the case of Traffic and Commercial Apprentices).
(Authority Board's letter NO. E(NG)I-89/SR6/35 dated 23-8-1991)
The seniority of candidates recruited through the Railway Recruitment Board or by any other recruiting authority should be determined as under (As per IREM Vol. -1 Rule 303).:—
(a) Candidates who are sent for initial training to Training Schools will rank in Seniority in the relevant Grade in the order of merit obtained in the examination held at the end of the training period before being posted against working post. Those who join the subsequent courses and those who pass the examination in subsequent chances will rank junior to those who had passed the examination. In case, however, persons belonging to the same RRB panel are sent for initial training in batches due to administrative reasons and not because of reasons attributable to the candidates, the inter-se seniority will be regulated batchwise provided persons higher up in the panel of RRB not sent for training in the appropriate batch (as per seniority) due to administrative reasons shall be clubbed along with the candidates who took the training in the appropriate batch for the purpose of regulating the inter-se seniority provided such persons pass the examination at the end of the training in the first attempt.
(Authority Board's letter NO. E(NG)I-89/SR6/32(PNM) dated 19-3-93)
(b) In the case of candidate who do not have to undergo any training in training school, the seniority should be determined on the basis of the merit order assigned by the Railway Recruitment Board or other recruiting authority.
*When two or more candidates are declared to be of equal merit at one and the same examination/ selection, their relative seniority is determined by the date of birth the older candidate being the senior. General Rule (As per IREM Vol. -1 Rule 304).
* When, however, a candidate whose seniority is to be determined under paragraphs 303 and 304 above cannot join duty within a responsible time after the receipt of orders of appointment, the appointing authority may determine his seniority by placing him below all the candidates selected at the same examination/selection, who have joined within the period allowed for reporting to duty or even below candidates selected at subsequent examination/ selection who have joined before him. (As per IREM Vol. -1 Rule 305).
* Candidates selected for appointment at an earlier selection shall be senior to those selected later irrespective of the dates of posting except in the case covered by paragraph 305 above. (As per IREM Vol. -1 Rule 306).
* When confirmation follows a specified probationary period if any, without break, the date of appointment to the grade is reckoned from the date of commencement of such probationary period. (As per IREM Vol. -1 Rule 307).
*When a probationary period is followed by an extended probationary period and confirmation follows such extension without break, the date of appointment to the grade or post, unless otherwise stated, should be reckoned from a date later than the commencement of the probationary period, to the extent of the extension of the probationary period. In cases where probationary period is not extended and staff are confirmed at the end of such period the date of appointment to the grade or post will be that on which the employee was sent to the training school for initial training or the date of joining the working post whichever is earlier. (As per IREM Vol. -1 Rule 308).
SENIORITY ON PROMOTION. (As per IREM Vol. -1 Rule 309). - Paragraph 306 above applies equally to seniority in promotion vacancies in one and the same category due allowance being made for delay, if any, in joining the new posts in the exigencies of service.
MUTUAL EXCHANGE. (As per IREM Vol. -1 Rule 310).- Railway servants transferred on mutual exchange from one cadre of a division, office or railway to the corresponding cadre in another division, office or railway shall retain their seniority on the basis of the date of promotion to the grade or take the seniority of the railway servants with whom they have exchanged, whichever of the two may be lower.
TRANSFER IN THE INTEREST OF ADMINISTRATION. (As per IREM Vol. -1 Rule 311).- Seniority of railway servants on transfer from one cadre to another in the interest of the administration is regulated by the date of promotion/date of appointment to the grade as the case may be.
TRANSFER ON REQUEST. (As per IREM Vol. -1 Rule 312).— The seniority of railway servants transferred at their own request from one railway to another should be allotted below that of the existing confirmed, temporary and officiating railway servants in the relevant grade in the promotion group in the new establishment irrespective of the date of confirmation or length of officiating or temporary service of the transferred railway servants.
Note:— (i) This applies also to cases of transfer on request from one cadre/division to another cadre/division on the same railway.
[Rly. Bd. No. E(NG) 1-85 SR 6/14 of 21-1-1986].
(ii) The expression "relevant grade" applies to grade where there is an element of direct recruitment. Transfers on request from Railway employees working in such grades may be accepted provided they fulfil the educational qualifications laid down for direct recruitment to the post. No such transfers should be allowed in the intermediates grades in which all the posts are filled entirely by promotion of staff from the lower grade(s) and there is no element of direct recruitment.
(Railway Board's letter NO. E(NG)I/99/TR/15 dated 08.02.2000)
MEDICALLY UNFITED RAILWAY SERVANTS (As per IREM Vol. -1 Rule 313).—
(a) (i) Medically decategorised staff may, as far as possible, be absorbed in such alternative posts which should broadly be in allied categories and where their background and experience in earlier posts could be utilized. For example, traffic running and operating ,staff need not necessarily be absorbed in the ticket checking cadre alone but they ' could also be absorbed in other commercial, station or yard categories.
(ii) The medically decategorised staff absorbed in alternative posts, whether in the same or other cadre, should be allowed seniority in the grade of absorption with reference to the length of service rendered in the equivalent or corresponding grade, irrespective of the rate of pay fixed in the grade of absorption under the extant rules. In the case of staff who are in grade higher than the grade of absorption at the time of medical de categorisation, total service in the equivalent and higher grade is to be taken into account.
Provided that if a medically decategorised employee happens to be absorbed in the cadre from which he was originally promoted, he will not be placed above his erstwhile seniors in the grade of absorption.
(iii) While absorbing the medically decategorised Running Staff in alternative posts, a percentage of basic pay representing the pay element in Running Allowance, as decided by the Government through administrative instructions from time to time, should be added to. the minimum as well as maximum of the scale of pay for purposes of identifying 'equivalent' posts and their seniority should then be fixed in the equivalent absorbing posts. [No. E(NG) II/77/RE-3-2 of 2-9-77 and E(NG)I-8O-SR-6/83 of 5-3-1981].
(b) Railway servants whose services were terminated either because of the maximum limit of all leave including extraordinary leave having been exceeded or the medical authorities could not recommend the grant of extraordinary leave in the case of tuberculosis, pleurisy and leprosy patients and are re-employed in railway service after being declared fit to work by the medical authority should take their seniority below all permanent railway servants on the date of their re-employment provided they were permanent before medical unfitness or would have been confirmed in the meantime. Railway servants who were officiating or temporary at the time of medical unfitness or would not have been confirmed in the meantime should be placed below the officiating or temporary employees as the case may be on the date of their re-employment.
(c) Seniority of medically unfitted staff mentioned in sub-para (a) above, on restoration to their original posts should be determined as under :—
(i) Railway servants who properly appeal within the time limit laid down for appeals or whose appeal is entertained in a reasonable period waiving the time limit and get declared fit, should not lose their seniority or their claim for consideration for promotion for which they were eligible in the original category in which they were employed.
(ii) Seniority of railway servants who prefer delayed appeals and are declared fit or who take treatment and consequently get declared fit, if they were formerly confirmed in the grades in which they were, would be affected to the extent of any persons who may have been confirmed before their re-absorption into the original category. If, however, they were only officiating in the original category, then their seniority should be below the staff confirmed till then, but need not be affected vis-a-vis their original juniors who happen to be till officiating.
(d) In the case of staff coming to a new unit on own request by accepting bottom seniority and then getting medically de-categorised, provision of sub-Para (a) (ii) above will be applicable only to the extent of service in the new unit.
[No. E(NG)I-71 SR6/39 dated 31-5-1977].
(e) In the case of staff who are not required to undergo periodical Medical examination but who of their own accord request for change of category on grounds of health, and are recommended change of occupation by the medical authority, their change will be treated as transfer on own request and dealt with as per para 312.
[No. E(NG)I-76 SE 6/37, dated 18-9-1976].
*Assignment of seniority to redeployed surplus staff : The surplus employees are not entitled for benefit of the past service rendered in the previous unit/department for the purpose of their seniority in the new unit/department. Such employees are to be treated as fresh entrants in the matter of their seniority, promotions etc. (As per IREM Vol. -1 Rule 313A).
Note I: When two or more surplus employees of a particular grade in a unit / department are selected on different dates for absorption in a grade in another unit / department, their inter-se seniority in the latter unit/department will be same as in their previous unit/department
provided that -
(i) no direct recruit has been selected for appointment to that grade in between these dates; and
(ii) no promotee has been approved for appointment to that grade between
these dates.
Note II: When two or more surplus employees of a particular grade in a unit/department are simultaneously selected for redeployment in another unit/department in a grade, their inter-se seniority in the particular grade, on redeployment in the latter unit/department, would be the same as in their previous unit/department.
(Authority: Ministry of Railway's letter No.E(NG)I-2000/SR6/23 dated 25-05-04)
Seniority when date of appointment to a grade is the same. (As per IREM Vol. -1 Rule 314).— Subject to what has been stated in paragraphs 302, 303, 304, 305 & 306, when the dates of appointment to the grade are the same, the dates of entry into the grade next below it shall determine seniority. If those dates also coincide, then the dates of entry into each of the lower grades in order down to the lowest grade in the channel of promotion shall determine seniority. If these dates are also identical, then the relative date of birth shall determine seniority, the older person being the senior.
DEPARTMENTAL EXAMINATION TRADE TEST (As per IREM Vol. -1 Rule 315).
Subject to what is stated in paragraphs 316, 317 and 320 below, where the passing of a departmental examination or trade test has been prescribed as a condition precedent to the promotion to a particular non-selection post, the relative seniority of the railway servants passing the examination/test in their due turn and on the same date or different dates which are treated as one continuous examination, as the case may be, shall be determined with reference to their substantive or basic seniority.
*A railway servant who, for reasons beyond his control, is unable to appear in the examination/test in his turn along with others, shall be given the examination/test immediately he is available and if he passes the same, he shall be entitled for promotion to the post as if he had passed the examination/test in his turn. (As per IREM Vol. -1 Rule 316).
Note 1. The expression 'reasons beyond his control' appearing above should be interpreted to include the following :
(i) Sickness of the railway servant supported by the medical certificate of the authorized medical attendant;
(ii) Sickness of the members of a railway servant's family supported by the medical certificate of the authorized medical attendant, so serious that the railway servant could not be reasonably expected to take the test;
(iii) Proved non-receipt of intimation of the examination/test owing to being on leave or on duty elsewhere than at the headquarters or for any other reasons acceptable to the administration; and
(iv) Administration not relieving the railway servant for such examination or test.
2. This will not apply to departmental examinations prescribed in App. 2 & 3— IREM.
SENIORITY FOR PROMOTION AS SECTION OFFICER (ACCOUNTS) INSPECTORS OF STATION OR STORES ACCOUNTS (As per IREM Vol. -1 Rule 317). :—
(a) Seniority for promotion to the rank of Section Officer (Accounts) or Inspector of Station or Stores Accounts should count entirely according to the date of passing the examination qualifying for promotion to those ranks. Candidates who pass the examination in a particular year are ipso facto senior to those who qualify in subsequent years irrespective of their relative seniority before passing the examination. On receipt of the result of the above examination an appropriate Selection Board on each Railway Administration should immediately arrange to assign a suitable place to each such candidate in the panel based on their relative seniority. The staff placed on the panel in any year will rank enbloc senior to those empanelled in subsequent years.
(Authority: Railway Board's letter no.2004/AC-II/20/34 dated 14 -12-2004)
(b) Directly recruited Section Officer (Accounts)/Cost Accountants and Inspectors of Station Accounts, if any, should be assigned a position on the proforma panel of these categories as soon as they are given charge of working posts after completion of the prescribed training. They should be placed below the last man officiating against a non-fortuitous vacancy in these categories of a Section Officer (Accounts). In case more than one direct recruit has to be assigned a position, their inter-se seniority should be with reference to the position assigned to them by the Railway Recruitment Board. They will retain their seniority thus allotted subject to their passing Appendix 3 (IREM) examination within the prescribed period, except in the case of Cost Accountant who are not required to pass such an examination. In the event of any directly recruited Section Officer (Accounts) not passing the examination within the prescribed period, he is liable to be discharged. In case, however, a further chance is given, the question of his retaining his original seniority will be considered on the merit of each case. Such cases should be referred to the Railway Board for decision.
318. SENIORITY OF ACCOUNTS CLERKS ON PROMOTION TO JUNIOR ACCOUNTS ASSISTANT IN ACCOUNTS DEPARTMENT (As per IREM Vol. -1 Rule 318).
The seniority of Junior Accounts Assistant is to be determined with reference to the date of promotion of a promotee and with reference to date of appointment of a direct recruit; directly recruited Junior Accounts Assistants, passing Appendix 2 (IREM) Examination within extended period of probation losing seniority to other persons of his/her batch but not to promotees.
[No. E(NG) I-65 SR 6/26 dt. 23-8-65; E(NG) I-69 PM 1/20 dt. 25-7-1969, E(NG)I-78-PM
1/304 dt. 5-1-1979 and PC-III-78/UPG/8 dt. 16-5-1980]
SENIORITY ON PROMOTION TO NO SELECTION POSTS (As per IREM Vol. -1 Rule 319).
(a) Promotion to non-selection posts shall be on the basis of seniority-cum-suitability, suitability being judged by the authority competent to fill the post, by oral and/or written test or a departmental examination or a trade test or by scrutiny of record of service as considered necessary. The only exception to this would be in cases where for administrative convenience, which should be recorded in writing, the competent authority considers it necessary to appoint a railway servant other than the senior most suitable railway servant to officiate purely in ad hoc capacity in a short term vacancy not exceeding two months as a rule and four months in any case. This will, however, not give the junior railway servant any advantage not otherwise due to him and will not confer on him any right to continue in that post in preference to his senior who are found suitable. A railway servant, once promoted in his turn after being found suitable against a vacancy, which is non-fortuitous, should be considered as senior in that grade to all others who are subsequently promoted after being found suitable. The suitability of a railway servant for promotion should be judged on the date of the vacancy in the higher grade, or as close to it as possible.
(b) An employee who qualifies in an earlier test and gets promoted in a non-fortuitous vacancy but reverts to the lower grade before a subsequent test is held will rank senior to all others who qualify in the subsequent test. Those who have either officiated in fortuitous vacancies or did not officiate at all will not be given any protection for seniority of subsequent promotion.
RELATIVE SENIORITY OF EMPLOYEES IN AN INTERMEDIATE GRADE BELONGING TO DIFFERENT SENIORITY UNITS APPEARING FOR A SELECTION/ NON-SELECTION POST IN HIGHER GRADE. (As per IREM Vol. -1 Rule 320).
When a post (selection as well as non-selection) is filled by considering staff of different seniority units, the total length of continuous service in the same or equivalent grade held by the employees shall be the determining factor for assigning interseniority irrespective of the date of confirmation of an employee with lesser length of continuous service as compared to another unconfirmed employee with longer length of continuous service. This is subject to the proviso that only non-fortuitous service should be taken into account for this purpose.
Note :—Non-fortuitous service means the service rendered after the date of regular promotion after due process.
PERMISSION TO RAILWAY SERVANTS TO PERUSE SENIORITY LIST (As per IREM Vol. -1 Rule 321).: —
(a) Railway servants may be permitted to see the seniority lists in which their names are placed, or if this cannot conveniently be arranged, they may be informed, on request, of their place on the seniority list.
(b) Staff concerned may be allowed to represent about the assignment of their seniority position within a period of one year after the publishing of the seniority list. No cases for revision in seniority lists should be entertained beyond this period.
EFFECT OF REDUCTION IN PAY OR GRADE (As per IREM Vol. -1 Rule 322).: —
(i) Reduction to a lower stage in the time-scale. Reduction in pay, as distinct from reductions from a higher grade or class to a lower grade or class, does not affect a railway servant's position on the seniority list. The authority ordering reduction should invariably state the period for which it shall be effective and whether, on restoration, the period of reduction shall operate to postpone his future increments and, if so, to what extent.
(ii) Reduction to a lower service, grade or post, or to a lower time-scale.
(a) Where the order imposing penalty for reduction does not specify the period of reduction and there is coupled with it an order declaring the railway servant permanently unfit for promotion, the question of repromotion or determination of seniority will obviously not arise.
(b) Where the period of reduction is not specified in the order imposing the penalty of reduction, the railway servant should be deemed to be reduced for an indefinite period, i.e. till such date as, on the basis of his performance subsequent to the order of reduction, he may be considered fit for promotion. On repromotion, the seniority of such a railway servant should be determined by the date of repromotion. In all such cases, the person loses his original seniority in the higher service, grade or post in entirety. On repromotion, the seniority of such a railway servant should be determined by the date of repromotion without regard to the service rendered by him in such service, grade or post prior to his reduction.
(c) In cases where the penalty of reduction to a lower service, grade or post or lower time-scale is for a specified period, the employee concerned should be repromoted automatically to the post from which he was reduced. The seniority in the original service, grade or post or time scale should be fixed in such cases in accordance with the provisions contained in Rule 6 (vi) of the Railway Servants (Discipline and Appeal) Rules, 1968 as clarified vide Railway Board's letters No, E(D&A) 73 RG6-5 dated 22.2.1974 and No. E(D&A) 2001 RG6-58 dated 28.11.2002."
(Authority: Railway Board's letter No.E (D&A) 2007 RG6-24 dated 10.08.2007)
(d) When a railway servant is reduced from a higher grade, or class to a lower grade, whether for a specified period or indefinitely, his seniority in the lower grade shall be fixed with reference to his position which he would have been entitled to but for his promotion to the higher grade or class from which he is reduced.
Staff directly recruited on the Locomotive Component Works (As per IREM Vol. -1 Rule 323).
All persons who were directly recruited in the Locomotive Component Works shall be deemed to have been transferred to the Diesel Locomotive Works on 1-8-1961, the date on which the Diesel Locomotive Works was set up. The grade held by them as on 1-8-1961 and the length of non-fortuitous service in that grade shall be the basis for fixing their relative seniority in the Diesel Locomotive Works on that date.
Staff Directly Recruited in the Diesel Locomotive Works (As per IREM Vol. -1 Rule 324).
Trainees and Apprentices who were undergoing their training/apprenticeship on the date of formation of the Diesel Locomotive Works shall be deemed to have been taken as such and shall be assigned seniority on completion of their training and absorption in a working post based on the merit list drawn at the time of completion of the training/apprentice ship.
Persons other than Trainees and Apprentices who have been directly recruited in the Diesel Locomotive Works from a panel of an earlier date shall be senior to those recruited from a panel of a later date, and in the case, of recruitment from the same panel, seniority shall be determined on the basis of the position of the persons in the panel arranged in order of merit. In the case of Trainees and apprentices, seniority shall be determined on the basis of the merit list drawn up at the time of completion of the training.
Staff Transferred from Railways or Production Units (As per IREM Vol. -1 Rule 325).
(1) Persons who have been transferred to the Locomotive Component Works shall be deemed to have been transferred to the Diesel Locomotive Works on 1-8-1961 in the grade which would have been held by them on their parent Railway but for such transfer, the length of non-fortuitous service held by them on that date in that grade shall determine their relative seniority.
(2) Persons who have been transferred to the Diesel Locomotive Works from a Railway/Production Unit on or after 1-8-1961 but up to 1-4-1965 in the case of ministerial staff and upto 1-1-1969 in the case of technical and non-ministerial staff shall be deemed to have been transferred in the grade held by them on their parent Railway/Production Unit on the date of transfer and will be assigned seniority in the Diesel Locomotive Works on the basis of length of non-fortuitous service rendered by them in that grade.
Staff Transferred from Construction/Project (As per IREM Vol. -1 Rule 326).
(1) Persons who have been transferred from a Construction/Project to the Locomotive Component Works/Diesel Locomotive Works and who have a lien on a post on the Railway/ Production Unit shall be assigned relative seniority on the basis of the position held by them in their parent Railway/Production Unit on the date of transfer in the same manner as indicated in Rule 325 above.
(2) Persons who have been transferred from a Construction/Project to the Locomotive Component Works/Diesel Locomotive Works and who do not hold any lien on any Railway/ Production Unit shall be deemed to have been transferred in the lowest grade in a category in which direct recruitment is permissible under the rules on the date of joining the Locomotive Component Works/Diesel Locomotive Works. They shall thereafter be dealt with in the same manner as persons directly recruited on the Locomotive Component Works/Diesel Locomotive Works, vide Rules 323 and 324 above.
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