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TMI Blog1996 (3) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... ard s letter dated June 1, 1979. Subsequently it was revised by Board s letter dated November 10, 1981 to 57.5 . Under the Board s letter dated November 10, 1980 to bring about qualitative improvement in the functioning of the restructured cadres in the Personnel Department, it was decided to fill up 20% of those total posts of Senior Clerks [Grade I] by direct recruitment through the Railway Service Commission. Out of balance 80% of the in-service graduates, 13-1/3% posts were made available to the in-service graduate Grade II Clerks to compete for those vacancies in their quota. Existing graduate employees in the Personnel Department, subsequently extended to Accounts Department and other Departments, were also permitted to compete for direct recruitment quota and age qualification was relaxed. It was decided that Seniority of directly recruited Senior Clerks vis-a-vis those promoted to the Grade would be determined with reference to the date of entry into the Grade. By letter dated June 18, 1981, the Board had decided to fill up 13.1/3% of the posts of Senior Clerks from inservice graduate Clerks [Grade II] by competitive examination to be held by the Railway Service Commission. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ota were decided to be filled up by promotion of Clerks [Grade II] on the basis of seniority-cum-suitability as per the then existing procedure. 13.1/3% plus 10%, i.e., 23.1/3% of the vacancies were to be filled up from amongst the in-service graduate Clerks [Grade II] by recruitment through limited departmental examination. In other words, recruitment of graduate in-service Grade-II Clerks as Grade I Clerks through Railway Service Commission was dispensed with. 10% of the vacancies out of 57.5% were to be filled up by direct recruitment from open market. These orders were made applicable to non-Personnel Departments also and this order, it was clarified, was in supersession of their letter dated January 20, 1981. All graduate Clerks [Grade II] working in any Department were made eligible to compete in the limited recruitment for selection as Grade I Clerks. This was open to all in-service graduate Clerks [Grade II] including SCs and STs by open competition as well as by rule of reservation applicable to them. In para 3, it was clarified that limited reservation to the extent of 13-1/3% by limited departmental examination or 10% by direct recruitment would be applicable only if can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itive examination as one time measure for the inservice candidates. Thus we have three streams to fill up vacancies in the cadre of Senior Clerks, i.e., Grade I Clerks in the payscale of ₹ 330-560/-, viz., [i] direct recruits from open market [20% of the Cadre strength]; [ii] graduate Grade II Clerks [13.1/3% direct limited recruitment through departmental examination] and [iii] 80% non-graduate promotee-Grade II Clerks. These three streams continued to remain throughout the period. Though the counsel on either side contended that their inter se seniority should be determined with effect from October 1, 1980 or from the date of taking actual charge of the posts, the above letters do not deal with that controversy. The inter se seniority of the candidates is regulated under para 302 of the Railway Establishment [Volume I - Revised Edition, 1989] which reads as under: 302. Seniority in initial recruitment grades. - 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 railway servant seniority above t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty-cum-suitability being the principle for promotion of non-graduate Clerks, [Grade II] also. [6] As one time measure, recruitment through Railway Service Commission was dispensed with and limited recruitment by departmental competitive examination would be conducted for selection of the graduate Grade II Clerks. [7] All in-service graduate Clerks, [Grade II] appointed to Grade I scale would get only pro forma promotion as Grade I Clerks from October 1, 1980 without any monetary benefits except for the purposes of pension. They are entitled to emoluments with effect from the date they actually took over the charge. It would be available for computation of pensionary benefits. The inter se seniority would be as per para 302 i.e., the date of seniority in the grade is the date of appointment to a post in that grade. The grant of higher pay, as a rule, does not confer seniority above the existing incumbents regularly appointed to the post. Among direct recruits and promotees, the date of joining. The working post is the date for the direct recruits and date of regular promotion, after completion of the process to order promotion, is the date for the promotees. Inter se seniority ..... X X X X Extracts X X X X X X X X Extracts X X X X
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