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(i) 66 - 2/3% direct recruitment through RRB;
(ii) 25% in promotion by selection from Group 'D' staff as per existing procedure; and
(iii) 8 - 1/3% by LDCE from amongst Group 'D' staff having completed a minimum of three years regular service and qualification of Matriculation/Class X Board Examination."

For filling up 25% above noted quota, the procedure prescribed in Para/Rule 189 of the IREM Vol. I and as per Para/Rule 189(a)(i)(3) of IREM, selection may not be restricted to three times the number of vacancies but kept open to all eligible candidates who would like to be considered for such selection. Shri Sharma, learned 13 OA Nos-387 & 389 of 2018 counsel appearing for the applicants, has argued that in view of such provisions of the Rules, selection is general selection and that all Group 'D' employees are eligible but as per Para/Rule 189(a)(i)(4) of IREM, all those who qualify in written and oral test, the qualifying percentage of marks being prescribed by the General Manager, should be arranged in the order of their seniority for promotion against the vacancies available for them in Group 'C' categories. Meaning thereby that the persons, who are declared qualified, should be empanelled/promoted only on the basis of their seniority in the feeder post. He has further argued that the rule itself provides that the requirement of three years of regular service in Group 'D' post is not necessary in the case of SC/ST categories candidates and, therefore, it cannot be said that the present applicants have availed any relaxation and once the applicants have become eligible as per the RRs, there is no question of any relaxation and they are entitled to their promotion against unreserved posts also. He has further submitted that the applicants were senior in the feeder post and in view of the provisions of Rule/Para 189 of IREM Vol. I, the list of successful candidates should have been prepared in accordance with the seniority 14 OA Nos-387 & 389 of 2018 position of the applicants and not on the basis of the marks obtained in the selection process. He has further added that the respondents have relied upon the Railway Board's Circular dated 19.6.2009 by which the Para/Rule 219(j) of IREM has been amended, whereas the Para/Rule 2019(j) of IREM is applicable for promotion from Group 'C' post and Rules/Paras 210 to 228 of the IREM Vol.I prescribes for promotion from Group 'C' to higher Group 'C' post, whereas for promotion from Group 'D' to Group 'C' especially for promotion to the post of Accounts Clerk, the procedure is prescribed in Para 189 of IREM Vol.I and, therefore, the circular dated 19.6.2009 is not applicable in the present cases.

13. We have heard learned counsels for the parties and have also carefully perused the pleadings on record. Para 189 of IREM Vol.I provides as under:-

"189. Promotion to higher grades in Group 'C':- Railway servants in Group 'D' categories for whom no regular avenue of promotion exists 331/3% of the posts in the lowest grade of Commercial Clerks, Ticket Collectors, Trains Clerks, Office Clerks, Stores Clerks, etc. should be earmarked for promotion. The quota for promotion of Group 'D' staff in the Accounts Deptts. to Group 'C' post of Accounts Clerks will be 25%. Promotion to Group 'C' will be subject to the following conditions: -