Central Administrative Tribunal - Kolkata
Sarbani Chanda vs Eastern Railway on 25 February, 2026
1 O.A. 350/01447/2025, M.A. 350/1016/2025,
M.A. 350/01018/2025, M.A. 350/1148/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/01447/2025 Heard on: 13.01.2026
M.A. 350/01016/2025 Date of Order: 25.02.2026
M.A. 350/01018/2025
M.A. 350/01148/2025
Present: Hon'ble Ms. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
Sarbani Chanda,
Daughter of Late Debapriya Som,
Aged about 59 years,
Working as Chief Office Superintendent (Group-C),
Under the immediate control of Sr. DCM, Howrah
and under the overall control of Divisional Railway
Manager, Howrah at present residing at 37,
Baisakhi, Santrapara, Khalisani, Chandannagar,
Hooghly-712138.
.......Applicant
Versus -
1. Union of India through General Manager,
Eastern Railway, Fairlie Place,
Calcutta - 700001.
2. Railway Board through the Secretary,
Railway Board, Rail Bhawan,
New Delhi-110001.
3. Principal Chief Personnel Officer,
Eastern Railway, Fairlie Place,
Calcutta 700001.
4. Divisional Railway Manager,
Eastern Railway, Howrah,
Pin - 700014.
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d
7fbc937c888, PostalCode=712223, S=West Bengal,
SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8
Pramanik
938da0637e, CN=Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2026.02.25 14:30:50-08'00'
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2 O.A. 350/01447/2025, M.A. 350/1016/2025,
M.A. 350/01018/2025, M.A. 350/1148/2025
5. Sr. Divisional Personnel Officer,
Eastern Railway, Howrah, Pin-700014.
6. Dy. Chief Personnel Officer (HQ),
Eastern Railway, Fairlie Place,
Kolkata 700001.
7. Bharat Ram
Reservation Supervisor service through
Chief Commercial Manager,
Eastern Railway, Fairlie Place,
Kolkata - 700 001.
8. Amit Bhattacharya,
Sr. CRDI service through
Chief Commercial Manager,
Eastern Railway, Fairlie Place,
Kolkata - 700001.
9. Amit Kumar
CTI, service through Sr. Commercial
Divisional Manager,
Eastern Railway, Sealdah,
Kolkata - 700014.
10. Mathan Chandra Saren,
S/o Late Daru Saren,
Working as Commercial Supervisor
At Asansol, Residing at
Rishi Aurobindo Pally, P.O. - Durgapur,
Coke Oven,
Dist. Paschim Bardhaman,
Pin - 713201.
.... Respondents
For the Applicant : Mr. C. Sinha, Counsel
For the Respondents : Mr. B.K. Banerjee, Counsel
Mr. B.P. Manna, Counsel
Mr. S. Paul, Counsel
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d
7fbc937c888, PostalCode=712223, S=West Bengal,
SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8
Pramanik
938da0637e, CN=Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2026.02.25 14:30:50-08'00'
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3 O.A. 350/01447/2025, M.A. 350/1016/2025,
M.A. 350/01018/2025, M.A. 350/1148/2025
ORDER
Ms. Urmita Datta (Sen), Judicial Member:
The applicant has been filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-
"(a) To set aside and quash impugned Letter No:
E.1030/T&C/AOM & ACM (70%)/Pt. I (CBT) dated 18.07.2025 circulating provisional Integrated Seniority List of appeared candidates in selection for formation of Group B panel of ACM.
b) To set aside and quash impugned Letter No:
E1030/T&C/ACM/70% / Grievance / SC / Loose dated 19.08.2025 issued by the Deputy Chief Personnel Officer (HQ) for Principal Chief Personnel Officer, Eastern Railway.
c) To set aside and quash impugned letter No. CPO/SC/Gr.B/70% CBT/2025 dated 26.08.2025 issued by the PCPO, Eastern Railway.
d) To set aside and quash impugned para iv of RBE No. 216/2019 dated 27.12.2019 to the extent that integrated seniority of Group 'C' employees eligible for Group 'B' selections (70% quota) in all departments having organised services except Accounts Department, employees in Level 7 of Pay Matrix will be placed above those in Level 6 of Pay Matrix.
e) To direct the respondents to revise the provisional integrated seniority list for selection to the post of ACM against 70% quota of commercial department in connection with Notification dated 28.11.2024 strictly in terms of non- fortuituous service rendered by the appeared candidates in the said selection process in G.P. Rs. 4200/- and Rs. 4600/- taken together and thereafter publish and/or revise and/or recast the final panel of the said selection process as circulated vide letter dated 26.08.2025.
f) Any other order or orders as the Hon'ble Tribunal deem fit and proper."
Digitally signed by Shantanu PramanikShantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 4 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025
2. As per the applicant, she was appointed on 14.05.1987 as Clerk Grade - II/Jr. Clerk in the Commercial Department of the Howrah Division, Eastern Railway on compassionate ground.
Thereafter, she was promoted to the post of Head Clerk redesignated as Office Superintendent Gr. II on 01.11.2001 in scale of Rs. 5000-8000/- revised Pay Scale being PB-2, GP 4200/- vide Office order dated 2/5.11.2001 and was granted MACP benefits and regularized in Level 7 (Grade Pay Rs. 4600/-) on 21.12.2021 and was subsequently upgraded to Level 8. The Principal Chief Personnel Officer, Eastern Railway issued Notification dated 28.11.2024 for selection and formation of Gr. 'B' panel for Assistant Commercial Manager (ACM) against 70% quota of Commercial Department of Eastern Railway and Metro Railway, Kolkata for vacancy cycle from 01.01.2025 to 31.12.2026 for 10 (ten) vacancies with a vacancy break up of UR-07, SC-03, ST-Nil. The cut of date for assessment of eligibility was determined as on 01.01.2025. In the proforma of Statement for submission of option by Divisions/Units to Headquarters, the date of appointment/promotion to Level - 6 and Level - 7 as on 01.01.2025 was classed for the purpose of determining inter se seniority between the candidates and publication of eligibility list in accordance with the said inter se seniority, three (03) years non-
fortuitous service in GP Rs. 4200/- (Level -06) and above as on 01.01.2025 being the determining factor of inter se seniority. The applicant being fully eligible, applied as per prescribed format to Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 5 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 participate in the selection process. Thereafter, vide letter dated 27.12.2024 containing an eligibility list of 365 candidates was circulated by the PCPO, Eastern Railway, Kolkata, which was in turn circulated vide letter dated 27.12.2024. In the said list, the name of the applicant appeared at Srl. No. 206. As per the said letter, the Column containing total length of service in Level 06 and Level 07 as on 01.01.2025 was 23 years 02 months. The Computer Based Test was held on 18.05.2025 and the applicant participated in the said examination. Thereafter, vide letter dated 18.07.2025, a Provisional Integrated Seniority List of the candidates who appeared in the selection for formation of Gr. 'B' panel for ACM against 70% quota was circulated, wherein the name of the applicant appeared at Srl. No. 53. As per the applicant, in the said panel her length of service in Level 6 and Level 7 as on 01.01.2025 as per notification dated 28.11.2024 and as per eligibility list dated 27.12.2024 was not taken into consideration while preparing the Provisional Integrated Seniority List. According to the applicant, if her total length of service in Level - 6 and Level - 7 would have been taken into consideration, then she would have been placed at Srl. No. 06 of the Provisional Seniority list. Being aggrieved with such position assigned to her in the Provisional Seniority list as circulated vide letter dated 18.07.2025, the applicant submitted a representation dated 23.07.2025, which was considered and rejected vide letter dated 19.08.2025 on the ground that in terms of Para - IV of RBE No. 216/2019 (circulated vide PCPO's Serial Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 6 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 Circular No. 265/2029) in the integrated seniority list of Gr. 'C' employees eligible for Group 'B' selection against 70% quota, employees in Level - 7 of Pay Matrix will be placed above those in Level - 6 in the Pay Matrix and the letter dated 27.12.2024 vide which her length of service has been mentioned as 23 years 02 months is not a seniority list but only a "list of eligible candidates".
According to the applicant, the respondents while rejecting her claim have referred to Railway Board's letter dated 14.06.2024 and Para iv of RBE No. 216 of 2019. Para 2 of Boards letter dated 14.06.2024 reads as under:-
"2. The matter has been examined in consultation with Pay Commission and Establishment Directorate of Board's office. It is hereby clarified that the integrated seniority list of Group 'C' employees eligible for Group 'B' Selections (70%) should be prepared based on Level-7 and Level-6 in terms of instructions contained in Board's letter No. E(GP)2019/2/25 dt. 27.12.2019 and no change is warranted therein."
Further, Para iv of RBE No. 216 of 2019 dated 27.12.2019 as referred to in letter dated 19.08.2025 reads as under:-
"iv. In the integrated seniority of Group 'C' employees eligible for Group 'B' selections (70% quota) in all departments having organised services except Accounts department, employees in Level-7 of the Pay Matrix will be placed above those in Level-6 of the Pay Matrix. In either category, the relative seniority of employees coming from different streams will be determined with reference to length of non-fortuitous service in Level-7 or Level-6 in the Pay Matrix, as the case may be."
The applicant would claim that a conjoint reading of Board's letter dated 14.06.2024 along with Para iv of RBE No. 216/2019 would lead to the immediate conclusion that those provisions are contrary to each other. In terms of the Notification dated 28.11.2024 the final panel would have been based on seniority as reflected at Para 6(v) of the said Notification. The Railway Board Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 7 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 vide Para iv has held that it should be in either category, the relative seniority of employees coming from different streams will be determined with reference to length of non-fortuitous service in Level 7 or Level 6 in the Pay Matrix, as the case may be. As per the applicant, the first part of RBE No. 216/2019 which is under challenge is contrary to the second part which speaks of taking into consideration the entire service rendered in Grade Pay Rs. 4200/-
and Rs. 4600/-. Para 5 of the said Notification provides the eligibility condition that all non-Ministerial Gr. 'C' employees of Commercial Department and also such Ministerial staff working in Commercial Branch including Law Supdt./Law Assistants with lien and seniority in Eastern Railway and Metro Railway/Kolkata who are working in Pay Matrix Level - 6 as per recommendation of 7th CPC (pay Band PB-2 Rs. 9300-34800/- with Grade Pay of Rs.
4200/- above with three years of non-fortuitous service in the grade as on 01.01.2025. Thus, the applicant claims that the remarks in the Notification read with Para iv of RBE No. 216/2019 and Board's letter dated 14.06.2024 reveals that impugned letter dated 09.08.2024 is in deviation of the recommendations of the Railway Board and the integrated seniority list as circulated vide letter dated 18.07.2025 is to be considered for selection to the post of ACM against the Notification dated 21.11.2024, which has not taken into consideration the length of non-fortuitous service in Level - 7 or Level - 6 in the Pay Matrix as the eligible candidates who participated in the said selection were in Grade Pay Rs. 4200/-
Digitally signed by Shantanu PramanikShantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 8 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 (Level - 6) and Rs. 4600/- (Level - 7) and above. Hence, as per the applicant, the yardstick for determining inter se seniority between the heterogeneous cadre of Level - 6 and Level - 7 be length of non-
fortuitous service in level 7 or level 6 in the Pay Matrix as prescribed under paragraph (iv) of RBE No. 216 of 2019 has totally been misinterpreted by the respondent authorities.
Being further aggrieved, she preferred another representation dated 25.08.2025 which remained unanswered.
Further, as per the result of Centralized CBT for formation of Group - B panel of ACM against 70% quota published vide letter dated 26.08.2025 as arranged in accordance with the impugned integrated seniority list as circulated Vide letter dated 18.07.2025 her name figures at Srl. No. 25 whereas her name should have figured at Srl. No. 4 if the total length of service in Level 6 and Level 7 were taken together. Thus, being aggrieved, she filed another representation dated 27.08.2025, which also remained answered.
3. The respondents have filed their reply wherein they have contended that in response to the Notification dated 28.11.2024, inviting application for selection for formation of Group 'B' panel of Assistant Commercial Manager (ACM) of Commercial Department, Eastern Railway & Metro Railway/Kolkata, for the vacancy cycle 01.01.2025 to 31.12.2026 (vacancy assessment 01.01.2025 to 03.06.2017), the applicant applied for the said post. As per procedure, a list of eligible candidates was prepared by the respective Units and thereafter arranged in accordance with the Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 9 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 sliding scale in the order of seniority. In the provisional seniority list, the applicant was placed at Sr. No. 53 initially, which was later revised to Srl. No. 52 on further scrutiny. Being aggrieved, the applicant approached this Tribunal claiming that she ought to have been placed at Srl. No. 04 based on total length of non-fortuitous service in Level - 6 and Level - 7 and further alleging that the list which was published was in total violation of the existing rules of inter-se seniority.
According to the respondents, as per RBE No. 216/2019 (Eastern Railway Circular No. 265/2019) and the provisions of Para 203.4 of IREM Vol. I, seniority is determined solely on the length of non-fortuitous service in the present grade of the employee. Thus, the seniority list is prepared on a sliding scale, ranking employees based on their non-fortuitous service rendered in the respective grade. The employees serving in Level 7 are placed above those in Level 6 as their seniority is calculated exclusively on the non-
fortuitous service rendered in Level 7. Similarly, Level 6 employees are ranked as per their length of service in Level 6. Under the existing rules, no employee is permitted to claim dual seniority by combining service across two different level, as such the claim of the applicant cannot be entertained. On receipt of representation dated 23.07.2025, the matter was re-examined and it was observed that in accordance with paragraph (iv) of RBE No. 216/2019 and the condition stipulated in the Notification dated 28.11.2024, her position in the integrated seniority list was found to be justified.
Digitally signed by Shantanu PramanikShantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 10 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 According to the respondents, the selection process of Assistant Commercial Manager involves multiple cadres - namely, employees from the Commercial Department as well as Ministerial staff working in the Commercial Branch including Law Superintendent/Law Assistant Staff who holds lien and seniority either in Eastern Railway or Metro Railway, Kolkata. The inter se seniority has been prepared based on the length of service rendered in Level 7 or Level 6 and arranged in a sliding scale as per the order of seniority. Thus, the grievance of the applicant that her total non-
fortuitous service in both Level - 6 and Level -7 should have been considered cumulatively for determining seniority cannot be considered. Moreover, as clarified in paragraph 203.4 of IREM Vol. I and in accordance with instructions contained in RBE No. 216/2019 and the provisions outlined in relevant notification, seniority must be determined using a sliding scale, arranged strictly in order of tenure. Accordingly, the provisions contained in RBE No. 216/2019 and Para 203.4 of IREM Vol. I were followed and the integrated seniority list was prepared on that basis. The respondents contends that Para (iv) of the RBE No. 216 of 2019 is based on reasonableness behind para (iv) of RBE No. 216/2019 is to establish an experience driven seniority framework for promoting Gr. 'C' employees to Gr. 'B' posts, while ensuring a logical hierarchy. This provision differentiates employees in higher pay levels for promotion to maintain consistency in career progression and aligns with the principles of Seniority-cum-Suitability basis Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 11 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 career advancement. Thus in the integrated seniority list, all Level - 7 employees are ranked by their tenure in Level - 7 are placed above those currently serving in Level - 6 and as per guidelines no employee can claim seniority in both Level 7 and Level 6 simultaneously. The letter dated 27.12.2024 which contains a provisional list of eligible and willing candidates who appeared for the examination cannot be construed as final seniority list, as seniority is strictly determined in accordance with prevailing rules, Railway Board clarifications and notifications governing the ACM selection process. As per, Para 203.4 of the Indian Railways Establishment Manual, Volume I, the final integrated seniority list of candidates for promotion to Group 'B' posts is prepared using a sliding scale, based on the order of seniority.
4. Heard Ld. Counsel for the parties and perused the materials available on record.
5. It is noted that the panel has been prepared by the respondents in light of RBE No. 216/2019 as well as Railway Boards letter dated 14.06.2024, which are as follows:- " R.B.E. No. 216/2019
Subject: Eligibility conditions for promotion from Group 'C' to Group 'B' posts in the major departments having 'Organised Services'.
Reference: Railway Board's letters No. E (GP)99/2/22 dated 29.3.2010 (Bahri's RBO 46/2010, p. 153) and 6.5.2014 (Bahri's RBO 42/2014, p. 40).
[No. E(GP)2019/2/25, dated 27.12.2019.] The eligibility criteria for appearing in the Selections/LDCEs for promotion to Group 'B' posts in the Departments having organised services has been laid down in terms of Board's letters no. E(GP) 99/2/22 dated 29.3.2010 and 6.5.2014. Consequent upon Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 12 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 implementation of the pay structures recommended by the VII Pay Commission, the said eligibility conditions have since been reviewed by the Board and it has been decided to make following changes therein:
(i) For Group 'B' selections (70% quota), Group 'C' employees working in Level 6 and above in Pay Matrix with 3 years of non-
fortuitous service in Level 6 and above in Pay Matrix (including non-fortuitous service rendered in the corresponding pre-revised grade pay) will be eligible.
(ii) For Group 'B' selections (30% LDCE quota), Group 'C' employees working in Level 6 and above in Pay Matrix with 5 years of non-fortuitous service in Level 6 and above in Pay Matrix (including non-fortuitous service rendered in the corresponding pre-revised grade pay) will be eligible.
(iii) However, for Selections/LDCEs for promotion to Group 'B' posts in Accounts department, Group 'C' employees fulfilling the abovementioned conditions should also have qualified the Appendix-3 IREM Examination.
(iv) In the integrated seniority of Group 'C' employees eligible for Group 'B' selections (70% quota) in all departments having organised services except Accounts department, employees in Level 7 of the Pay Matrix will be placed above those in Level 6 of the Pay Matrix. In either category, the relative seniority of employees coming from different streams will be determined with reference to length of non-fortuitous service in Level 7 or Level 6 in the Pay Matrix, as the case may be.
(v) In the integrated seniority of Group 'C' employees eligible for Group 'B' selections (70% quota) in Accounts Department, employees in Level 8 in Pay Matrix will be placed above those in Level 6 in Pay Matrix. In either category, the relative seniority of employees coming from different streams will be determined with reference to length of non-fortuitous service in Level 8 or Level 6 in Pay Matrix, as the case may be.
RBE 52/2024Subject: Avenue of promotion to the post of Tech. Gr. III in S&T Department.
Reference: (i) Board's letter No. E(NG)I/2001/PM8/1 dated 14.1.2003 (Bahri's RBO 10/2003, p. 18) and letter No. E(NG)I/99/PM8/2 dated 29.5.2005 (Bahri's RBO 70/2005, p. 80).
(ii) PNM/AIRF Item No. 14/2018.
[No. E(NG)I/2018/PM8/1/Pt.1 (E-3431465), dated 14.6.2024.] As per the existing provision of Para 151(1) of Indian Railway Establishment Manual (IREM) Volume-I, the posts in the category of Technician-III in S&T Department are filled as under:
(a) 50% by Direct Recruitment through Railway Recruitment Board and
(b) 50% by promotion of Departmental staff as under: Digitally signed by Shantanu Pramanik
Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
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(i) 50% plus shortfall against (ii) below from amongst staff having the qualification of Class X Board Examination; and
(ii) 50% from amongst existing Group 'D' staff in service as on 22.5.2002 not having the qualification of Class X Board Examination.
2. Consequent to demand raised by one of the recognized Federation (AIRF) under PNM/AIRF item No. 14/2018 for modification in the above recruitment pattern to establish parity with recruitment pattern in all other departments, the matter has been examined by the Board in consultation with the Technical Directorates. It has been decided henceforth, the post of Technician-III, GP-1900 in S&T Department may be filled as under:-
(a) 25% by Direct Recruitment through Railway Recruitment Board(RRB):
(b) 25% by Limited Departmental Competitive Examination (LDCE) subject to the following condition.
(i) Essential educational qualification to be equivalent to the Direct Recruited Technician-III through RRB.
(ii) Helper should have completed at least three years service and age should not be more than 45 years.
(iii) Eligible candidates shall be selected through selection + Trade test.
(iv) The selected staff shall undergo training same as direct recruits i.e. one year (52 Weeks) out of which 17 weeks shall be institutional training and 35 Weeks field training.
3. This arrangement will initially be operative for 2 years and shall be reviewed after 2 years for its continuance.
4. Remaining promotional vacancies against 50% quota shall continue to be filled per extant instructions."
Further, it is also noted that vide Notification dated 28.11.2024, the respondents issued directive regarding selection for formation of Gr. 'B' panel of ACM against 70% quota of Commercial Department of Eastern Railway & Metro Railway/Kol, for the vacancy circle from 01.01.2025 to 31.12.2026, wherein the condition of eligibility has been stipulated that all non-Ministerial -
Group 'C' employees of Commercial Department and also such of the Ministerial staff working in Commercial Branch including Law Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 14 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 Supdt. Law Astt's staff with lien & seniority on Eastern Railway and Metro Railway/Kolkata, who are working in Pay Matrix Level - 6 and above as per recommendation of 7th CPC (Pay Band PB-2 Rs.
9300-34800/- with Grade Pay of Rs. 4200 and above) with 03 years of non-fortuitous service in the grade as on 01.01.2025 i.e. the date of commencement of vacancy cycle, will be eligible to apply for participating in the Selection to the post of ACM (Gr. 'B') and appear in the Computer Based Test & further process, if found eligible as per rules.
6. It is noted that according to the respondents, the provisions contained in RBE No. 216/2019 and paragraph 203.4 of IREM Vol.
I were followed and integrated seniority list was prepared on sliding scale basis.
7. However, it is noted that Chapter II Section A of IREM Vol. I deals with the Rules Governing Promotion of Subordinate Staff and paragraphs 201.1 onwards deal with promotion to Group 'B' posts which are as follows:-
"201.1. All vacancies in Group 'B' are filled by promotion on the basis of selection of eligible Group 'C' employees and also on the basis of Limited Departmental Competitive Examination, wherever the scheme is in force. Where the scheme of LDCE is in force, selection is held to fill 70% of the vacancies and LDCE is held to fill the remaining 30% of the vacancies. ( Railway Board's letter No. E(GP)/2005/2/69 dated 5.1.06] The condition and procedure governing the selection for promotion to Group B posts are given in the following paras. Regarding condition and procedure governing LDCE, the provisions of relevant Recruitment Rules and administrative instructions issued from time to time should be referred to.
[ Authority : Railway Board's letter No. E(GP)/95/2/75 dated 5.8.98] 201.2. Frequency of Selection.-- xxxxxxxx Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 15 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 202.1. Composition of Selection Committee.-- xxxxx xxxxxxxx 203.1. Conditions of eligibility.--For the selection, all Group 'C' employees working on a regular basis in grade the minimum of which is Rs. 5000/- in the revised scale and in the higher Group 'C' grades and who have rendered not less than 3 years of non-fortuitous service in the grade are eligible. There will be no distinction between permanent and temporary employees.
(Railway Board's letter No. E(GP)/2005/2/69 dated 5.1.06] 203.2. In case a junior employees is considered for selection by virtue of his satisfying the relevant minimum service conditions all persons senior to him shall be held to be eligible, notwithstanding the position that they do not fulfill the requisite minimum service conditions.
203.4. Zone of consideration.--The number of employees to be called for the selection will be in accordance with the sliding scale in the order of seniority as shown below -
1. vacancies--5 employees.
2. vacancies--8 employees.
3. vacancies--10 employees.
4. vacancies and above--employees equal to three times the number of vacancies.
203.5. Since employees from the different streams will be eligible to appear for the selection, their integrated seniority for purposes of the selection should be determined on the basis of total length of non- fortuitous service rendered in grade Rs. 6500-10500 (R.S.) and above. In other words the date of appointment to the grade Rs. 6500-10500(R.S.) on a non fortuitous basis will be the criterion."
8. From the above Paragraph 203.4, it is observed that it deals with the number of employees to be called for selection.
From perusal of Paragraph 203.4 vis-à-vis Notification dated 28.11.2024, it is noted that there are total 10 vacancies UR-07, SC-03 and ST - Nil, thus as per paragraph 203.4 for 10 vacancies, 30 persons are required to be called from the feeder cadre. Whereas from the perusal of the provisional list of willing Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 16 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 candidates for appearing in the Centralised Computer test for the aforesaid selection has been found 365 in number.
9. Further, from the provisional integrated seniority list of appearing candidates dated 21.07.2025 (Annexure A/5) issued by the APO (Headquarter) for Senior Divisional Personnel Officer, Howrah Division, Eastern Railway, it is noted that 304 candidates name have been considered which is contrary to the specific stipulation of 203.4. Therefore, as per paragraph 203.4 for the 10 vacancies, employees 03 times to the number of vacancies has to be called for selection with sliding scale in order of seniority. Further on perusal of Paragraph 203.5, it is noted that the said provision has dealt with specific feeder grade as per 5th CPC that erstwhile Rs. 6500-10500/- (Pay Band 2 Rs. 9300-
34800/- under the 6th CPC) on non-fortuitous basis, which means only one pay scale has to be considered. It is further noted that after 6th CPC implementation, the said pay scale of Rs. 6500- 10500/- has been revised to Pay Band 2 of Rs. 9300-34800/-
with different Grade Pays of Rs. 4200/-, Rs. 4600/- and Rs.
4800/-. All these Grade Pays are promotional post from Rs.
4200/-. Therefore at the first instance, the clarification of the respondents that it is in consonance with the Paragraph 203.4 is contrary to the stipulations made in various Sub-Paragraphs of 203.5 of IREM Vol. I. Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 17 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025
10. The concept of sliding scale of seniority rules refers to a structure, ratio based method for determining seniority and promotion eligibility, to ensure a balanced promotional process between different streams such as direct recruits and promotees and as per the provision of zone of consideration at paragraph 203.4, sliding scale determines how many candidates are required to be considered based on the number of vacancies, for the purpose to allow a wider yet controlled range of senior employees, who are to be considered for a limited number of posts. The purpose of determining seniority would be by the total length of non-fortuitous service in the feeder grade.
It is further noted that paragraph 203.5 specifically stipulates that since employees from different streams would be eligible to appear for selection, their integrated seniority for the purpose of selection should be determined on the basis of total length of non-fortuitous service rendered in the grade of Rs.
6500-10500/- (i.e. pre revised pay scale (5th CPC) corresponds to a Grade Pay of Rs. 4600/- in Pay Band 2 (PB-2 Rs. 9300-34800) under the 6th CPC and subsequently to Level 7 Rs. 44900-142400 under the 7th CPC). Further, it stipulates that in other words, the date of appointment to the grade of 6500-10500/- (5th CPC scale) on a non-fortuitous basis would be the criterion.
Digitally signed by Shantanu PramanikShantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 18 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025
11. As per 6th CPC, the pay scale of Rs. 6500-10500/- has been revised to Rs. 9300-34800/- with Grade Pay Rs. 4200/- which means Rs. 4200/- is the feeder grade for Rs. 4600/- and Rs.
4600/- is the feeder grade for Rs. 4800/-. Therefore, if three heterogeneous seniority cadres has to be considered for promotion with 03 years of non-fortuitous service then 03 years of non-fortuitous service of Grade Pay of Rs. 4200/- and onwards has to be considered only. In that scenario, we are agreed with the contention made by the applicant that three heterogeneous cadres cannot be arranged in a sliding scale as claimed by the respondents since method of determination of the sliding scale is seniority between a specific scale (presently Grade Pay).
12. In view of the above, in our considered opinion, the total non-fortuitous service rendered from Grade Pay Rs. 4200/- and above have to be counted for the purpose of seniority. Hence, paragraph (iv) of RBE No. 216/2019 is contrary to paragraph 203.4 and 203.5 of IREM Vol. I and is, therefore, not sustainable.
13. Accordingly, we quash and set aside the paragraph (iv) of RBE No. 216/2019 and consequently also quash and set aside Orders dated 26.08.2025 and 27.12.2019 and direct the respondents to revise and/or recast the final panel of the said selection process as circulated vide letter dated 26.08.2025 on the basis of total length of non-fortuitous service rendered in Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0 19 O.A. 350/01447/2025, M.A. 350/1016/2025, M.A. 350/01018/2025, M.A. 350/1148/2025 Grade Pay of Rs. 4200/- and above as per paragraph 203.5 of IREM Vol. I within 04 months from the date of receipt of a certified copy of this Order.
14. The O.A. is disposed of accordingly. The M.As are also disposed of accordingly.
(Anindo Majumdar) [Urmita Datta (Sen)]
Administrative Member Judicial Member
sp
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d 7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8 Pramanik 938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.02.25 14:30:50-08'00' Foxit PDF Reader Version: 2024.3.0