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Showing contexts for: para 203.5 in Prem Chandra vs Union Of India Through Its General ... on 1 June, 2012Matching Fragments
4. The applicant has also filed rejoinder affidavit. In para 7 of the Rejoinder Affidavit, which is reply to para 7 of Counter Reply, the applicants have stated that earlier By virtue of provisions contained in para 203.5 of I.R.E.M Vol I, the applicants were called for appearing in the examination for formation of panel for the post of Assistant works Manager Group B for promotion in Mechanical Engineering Department and the list of eligible candidates was prepared for promotion against 70% quota on the basis of non-fortuitous service in scale of Rs. 6500-10500 and at present, there is no change in the said provision contained in Para 203.5 Vol.I It is further submitted that the merger of pay scale of Rs. 6500-10500 and 7450-11500 in one Grade Pay Rs. 4600 is only for the purpose of monetary up-gradation or monetary equality to the candidates having non- fortuitous service /greater length of service in scale of Rs. 6500-10500 as to those of candidates having scale of Rs. 7450-11500 and it does not debar the candidates for being enlisted as eligible candidates having non fortuitous service in pay scale of Rs. 6500-10500 (pre-revised) for promotion to the post of Assistant Works Manager in Mechanical Engineering Department under 70% quota. It is also submitted that the respondents are misinterpreting the Railway Boards Letter dated 02.09.2011 as the inter se seniority of employees within each stream should be maintained according to their length of service in Pay Band 9300-34800 + 4200 G.P and 9300-34800 + 4600 G.P in their particular trade from which they are coming into integrated seniority, but in the Notification dated 17.10.2011 and 16.11.2011 the respondents have prepared the integrated seniority on the basis of scale of Rs. 7450-11500 (pre-revised) and not on the basis of length of service in the Grade Pay Rs. 4600, which is illegal and against the provision of Para 203.5 of I.R.E.M Vol. I.
5. We have heard Shri L.M. Singh with Shri Shekhar Kumar, learned counsel for the applicants and Shri Anil Kumar, representing the respondents.
6. The solitary contention raised by the counsel for the applicant is that after implementation of the 6th Pay Commission when the two pay scales have been merged in one pay scale of Rs. 9300-34800 + G.P. Rs. 4600, the seniority is to be regulated as per para 203.5 of I.R.E.M Vol I which mandates that seniority be fixed on the basis of length of service. For better appreciation, para 203.5 is reproduced herein under: -
203.5. Since employees from the different streams will be eligible to appear in 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 of 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.
7. From perusal of the above it is clear that inter se seniority is to be counted on the basis of length of service in new pay scale subsequent to the merger of the two different pay scales. The applicants herein were getting the pay scale of Rs. 6500-10500 (pre-revised), which, on implementation of 6th Pay Commission, was merged in pay scale of Rs. 9300-34800 + GP 4600 with pre revised pay scale of Rs. 7450-11500. Therefore, as per para 203.5, the seniority is to be reckoned on the basis of length of service in a particular grade. This has also been clarified by the Railway Board vide letter dated 20.09.2011, wherein it is clarified that for the purpose of promotion from Group C to Group B, the integrated seniority of employees coming from the various streams, will be determined on the basis of length of service (non-fortuitous) in the Grade Pay of Rs. 4600/-. The Railway Boards Letter dated 20.09.2011 reads as under: -
8. Thus it is clear that for the purpose of promotion from Group C to Group B, the panel should be prepared on the basis of length of service (non-fortuitous) in Pay Band PB-2 (Rs. 9300-34800) with Grade Pay of Rs. 4600. Therefore, the O.A deserves to be allowed.
9. Accordingly, the O.A is allowed. The impugned list dated 17.10.2011 and 16.11.2011 are hereby quashed and set aside. The respondents are directed to prepare the list of eligible candidates in terms of para 203.5 and the Railway Boards Letter dated 20.09.2011 (Quote above). No costs.