MC 31 Promotion of Non-gazetted (Group ‘C’) Staff to selection posts
Master Circular No. 31
Promotion of Non-gazetted (Group ‘C’) Staff to selection posts – Policy and procedure – Master Circular
At present it the orders relating to promotion of non-Gazetted (Group ‘C’) staff to selection posts are contained in Chapter-II-Section ‘B’ of IREM-I989 and also in a number of office circulars/orders issued from time to time. The question of consolidation of these existing orders/circulars has been under the consideration of the Ministry of Railways (Railway Board). They have now decided to issue a consolidated order on the subject as below for the information and guidance of all concerned.
1. Promotion includes promotion from lower grade to higher grade, from one class to another class and from one group to another group.
(Para 211 (1) of IREM 1989)
2. A Railway servant may be promoted to fill any post whether a “Selection” post or a “Non-selection” post only if he is considered fit to perform the duties attached to the post. The General Manager or the Head of Department or the Divisional Railway Manager may prescribe the passing of specified departmental or other tests as condition Precedent to a Railway servant being considered fit to hold specified posts. Such rules should be published for the information of the staff concerned.
(Para 213 of IREM-I989)
3. Unless specifically provided otherwise promotion shall be made without any regard for communal or racial consideration.
3. Selection Posts:
1. There will be only two categories of posts-” Selection Posts” and “Non-selection posts”.
2. “Selection posts” are posts, grades or classes which have been notified as such with the approval of the Railway Board on the consideration that promotions to them are required to be made on the basis of positive act of selection made with the help of Selection Boards, as per procedure prescribed for this purpose, from amongst the staff eligible for selection.
3. The selection for promotion to a selection post shall be made primarily on the basis of merit.
4. Authorities competent to appoint Selection Boards:
Selection Boards may be constituted under the orders of the General Manager or Head of the Department or other competent authority not lower than a Divisional Railway Manager.
(Para 217(b) of IREM-1989)
5. Selection Board:
1. Selection Boards shall consist of not less than three officers; on of whom should be a Personal officer and one of the members should be from a Department other than that for which the selection is held.
2. For selections to grade Rs. 1600-2660(RPS) and above, the selection board should consist of JA Grade Officers. However, the Personnel Officer may be in one grade below (i.e. in Senior Scale) but he shall nevertheless be an equal member of the Selection Board.
3. In Divisions where JA Grade officers are not available in the concerned Department, JA Grade officers of any other Department (except for the Personnel Officer, who can be in Senior Scale) may be nominated as the Member of the Selection Board. The Senior Scale Officer in independent charge of the concerned Department, who will not be subordinate to any other Member of the Selection Board, may be nominated as a fourth Member who will also sign the proceedings of the Selection Board.
4. For selection posts in grade Rs. 1600-2660(RPS) and above in the Personnel Department where there is no JA Grade Officer and the post is Divisionally controlled, in addition to the Senior Scale Officer of the Personnel Department of the Division, a JA Grade Officer of the Personnel Department of the adjoining Division or of the Headquarters may be included in the Selection Board.
5. For all other selection posts the Selection Boards shall consist of officers of not lower in rank than Senior Scale, where the Personnel Officer can be one rank lower but nevertheless be an equal Member of the Selection Board.
6. From out of the Members of the Selection Boards so nominated as referred to above, if none belongs to SC/ST categories, another officer of the same rank or lower in rank belonging to this category should be included in the Selection Boards, wherever and whenever the reserved community candidates are in the zone of consideration. In case any SC/ST officer is not available within the Department/Railway, every effort should be made to find a SC/ST officer of appropriate rank from the nearby Zonal Railway or some other Railways or Production Units. If still such an officer is not available, efforts should be made to find an officer of appropriate level from the Department other than Railways.
7. Despite all efforts, if it is still not possible to include a SC/ST officer in the Selection Board, whether by nomination or by co-option, the reason for the same should be recorded in writing by the Liaison Officer of the Department/Office concerned in the selection.
8. Inclusion of a SC/ST officer in the Selection Board is not necessary when only general candidates are in the zone of consideration to fill up unreserved vacancies.
9. If for any reason where the selection Board cannot be constituted in this manner, the competent authority should make a report of the facts to the General Manager.
[No. E.53/PM1/10/3 dated 31.7.1954.
No. E.53/PM1/10/3 dated 27.9.1954.
No. E.53/PM1/10/3 dated 24.11.1954.
No. E(NG)62/PM1/40 dated 31.5/1.6.1962.
No. E(NG)I/70/RR1/30 dated 24.6.1971.
No. E(NG)I/73/PM1/100 dated 10.8.1973.
No. E(NG)I/76/PM1/214 dated 8.12.1976.
No. 81/E(SCT)15/32 dated 4.6.1981.
No. 81/E(SCT)15/32 dated 12.10.1981.
No. 81/E(SCT)15/32 dated 17.6.1982.
No. 81/E(SCT)15/32 dated 30.9.1983.
No. E(NG)I-87/PM1/6 dated 29.8.1988 (RBE 195/1988)
No. E(NG)I-87/PM1/6 dated 15.11.1989 (RBE 283/1989)
Para 218(e) of IREM 1989 Edition.]
6. Assessment of Vacancies:
1. One of the most important steps for conducting selections is the correct assessment of vacancies. The calculation of vacancies should be made as under: –
i. For selection posts within the cadre, the existing vacancies plus those anticipated (as defined below) during the course of next one year should be taken into account. For unforeseen contingencies, 20% of the anticipated vacancies only (not of existing vacancies) should be added to the existing and anticipated vacancies.
ii. For selection posts in the Construction Organisation, 50% of the number of posts which exist in the grade under consideration and higher grades for a period of one year or more on the assessment date and which are likely to continue should be taken into account.
iii. For ex-cadre posts, actual vacancies plus those anticipated to occur in the next two years should be considered.
2. The concept of anticipated vacancies should be deemed to connote the following type of vacancies: –
i. Vacancies on account of normal wastage, viz., retirement or superannuation;
ii. Vacancies likely to be caused as a result of staff having given notice for voluntary retirement provided the same are likely to be accepted;
iii. Vacancies in higher grades in the channel, the filling up of which will result in the need to make consequent appointments from the proposed panel;
iv. Vacancies likely to be caused due to staff approved to go on deputation to other units;
v. Number of staff already empanelled for ex-cadre posts;
vi. Vacancies likely to arise due to creation of additional posts in higher grades and also in the same grade. This may include only those proposals which have been concurred in by Accounts and approved by the competent authority; and
vii. The vacancies arising out of cases where staff are likely to go out on transfer to other Railways/Divisional during the period under consideration.
7. Selection Procedure:
I. Eligibility conditions:
1. The minimum period of service for eligibility for promotion within group ‘C’ should be two years in the immediate lower grade irrespective of whether the employees belongs to reserved community or not. In the case of Safety categories the condition of two years service in the immediate lower grade will apply to promotion of group ‘D’ staff also.
2. Service for this purpose shall be the service actually rendered on regular basis. Service rendered on ad hoc basis shall, however, be taken into account for this purpose if it is followed by regularisation without break.
3. The condition of two years minimum service has to be satisfied at the time of actual promotion. Thus, in the case of a “Selection Post” all employees who are regular in the relevant lower grade and come in the zone of consideration according to 3x formula can be considered according to the procedure laid down for selection but a person, who is empanelled, can actually be promoted only when he completes two years service in the immediate lower grade. Accordingly, a suitable note to this effect should be inserted in all panels, which include names of candidates who have not completed two years of service in the lower grade at the time of the notification of the panel.
4. Where longer length of service in the lower grade has been stipulated as a condition of eligibility for promotion in any particular category, the same will continue to apply.
5. If a person is selected for and appointed in another cadre to a post in the same grade as that held by him in his parent cadre and he has to seek further promotion in the new cadre, he has to render two years service in the new cadre before being promoted therein.
6. If the posts are to be kept unfilled due to candidates with 2 years service in the immediate lower grade not being available the posts should be downgraded and operated in the lower grade.
7. Two years service condition in the immediate lower grade is also applicable to local officiating/ad hoc promotions against short-term vacancies.
NOTE: If by virtue of operation of the procedure laid down in (1) to (4) above a junior is eligible for promotion to the relevant next higher grade, his senior also will be eligible for such promotion even though he might not have put in a total of two years service in the immediate lower grade.
In cases where selections could not be finalised on account of a Stay Order or Injunctions of the Court of Law it is possible that regular promotions to the concerned grade cannot be made for a long period. In the meantime that staff concerned may become due for promotion to next higher grade but may not be eligible for that on account of non-fulfilment of 2 years service condition in the relevant lower grade. In such cases relaxation of the condition of two years service with the personal approval of: –
a. Divisional Railway Manager in the case of divisionally controlled posts;
b. A nominated SA Grade Officer of the concerned Department in the case of posts controlled by the Headquarters (standing nomination to be done by the PHOD for the Department); and
c. Respective SA Grade controlling officer in other cases.
8. In respect of categories of posts e. g. Inter Apprentices, Law Assistants, Welfare Inspectors, Vigilance Inspector etc. for which the mode of filling up the vacancies has been laid down by the Railway Board, permitting staff with prescribed qualifications and length of service requirement even from grades below the immediate lower grade the said instructions may continue to be followed not withstanding the instructions regarding 2 years rule in the immediate lower grade.
9. In addition to the above, the employees should also fulfil the educational etc., qualifications, if any, prescribed for the post for which selection is held.
[E(NG)I/75/PM1/64 dated 6.6.1980,
E(NG)I/75/PM1/44 dated 31.5.1982,
E(NG)I/75/PM1/44 dated 21/22.9.1982,
E(NG)I/75/PM1/44 dated 26.05.1984,
E(NG)I/85/PM1/14(RAEC-78) dated 13.11.1985 (RBE 296/1985),
E(NG)I/85/PM 1/13 (RRC) dated 19.2.1987 (RBE 28/1987),
E(NG)I/85/PM 1/13 (RRC) dated 4.11.1987,
E(NG)I/85/PM 1/13 (RRC) dated 23.3.1989 (RBE 83/1989),
E(NG)I/85/PM1/13(RRC) dated 13.2.1990 (RBE 29/1990),
and E(NG)I/83/PM7/23 dated 16.09.1983]
II. Number of candidates to be called for consideration for selection
1. The number of candidates to be called for Group ‘C’ selection should be equal to three times the number of assessed vacancies. In respect of SC/ST candidates also the number to be called for selections shall be three times the number” of vacancies reserved for them.
2. The senior most staff immediately below the selection grade equal to three times the number of vacancies should be taken from the seniority list. Then their eligibility in accordance with the conditions of service, qualification etc. should be checked, wherever required.
3. The employees who express their unwillingness and those who do not fulfil the eligibility conditions should not be reckoned for determining the field of eligibility which should consist of employees willing and eligible to the extent of three times the number of the vacancies. The 3x formula will be observed subject to availability of eligible and willing staff.
4. In respect of general selection posts i.e. those outside the normal channel of promotion and which are filled from staff of different Departments/categories, all eligible volunteering employees irrespective of Departments in which they may be working should be called for consideration for selection without restricting the number as per 3x formula.
5. General Manager may issue detailed instructions identifying posts as general selection post for information of all concerned.
[E(NG)I/68/PM1/1 dated 26.8.1968,
E(NG)I/81/PM1/282 dated 16.4.1982,
E(NG)I/75/PM1/44 dated 21.9.1982,
E(NG)I/85/PM 1/13 (RRC) dated 4.11.1987
and E(NG)I/85/PM 1/13 (RRC) dated 23.3.1989 (RBE 83/1989)].
1. Selections should be held annually. The programme of selections to be held in a year should be notified in advance around July of the preceding year.
2. In order to ensure that selections are conducted regularly and in time, the Railways are required to maintain a calendar which may contain the following: –
i. Category and grade;
ii. Date of issuing the notification;
iii. Date of calling for service Records;
iv. Date (s) of holding written examination (wherever written examination is part of selection);
v. Date (s) of holding interview (s);
vi. Date of submission of panel to the competent authority for approval; and
vii. Date of notification of the panel.
It is the responsibility of the Personnel Department to provide for all relevant documents/ information including a planning sheet and a checklist in respect of each selection correctly and in time to the Members of the Selection Board to enable them to conduct the selection well in time without any delay.
3. It is desirable to hold a written test to adjudge the professional ability as part of a selection in respect of all initial grade post in the different channels of promotions but in each case a viva-voce test shall be held. Selection should be made primarily on the basis of overall merit. The written test followed by viva-voce is conducted to test the professional knowledge of the employee.
4. An officer of the concerned department of appropriate rank must be authorised to set the question paper for the written test. Where possible another officer should be nominated to evaluate the answer books for determining the professional ability of the candidates called for selection.
5. Whenever a written test is held for promotion to the highest grade selection post in a category, objective type questions may be set for about 50% of the total marks, the remaining could continue to be the narrative (conventional) type. The above percentage for objective type questions is intended to be for guidance only and should not be taken as constituting an inflexible percentage.
6. Question papers are required to be prepared in bilingual from for all the departmental tests. The staff will have the option to write their answers in Hindi. Option of Hindi medium should also be allowed in viva-voce conducted as part of Departmental Selections. This will, however, be subject to the condition that where necessary, knowledge of English may be tested separately to ensure that the employee would understand instructions relating to requirements of his job. Where, however, the competent authority considers that the knowledge of English is essential, which shall be in few cases, the authority may insist upon such test being conducted in English.
7. Wherever written test is held as part of selection to adjudge the professional ability, question for about 10% of total marks allotted for written test should be set on official language policy and rules in consultation with Mukhya Raj Bhasha Adhikari. The questions on official language policy and the rules may not, however, be compulsory.
8. Whenever written test is held as part of selection the subject of ‘Passenger Amenities’ should also as far as possible figure in the questions for written examination for promotion to the post of Inspectors etc. in categories of staff concerned with provision and maintenance of passenger amenities. The specific categories for this purpose may be laid down by the Zonal Railway.
9. The Railway administration should ensure that there is no procedural irregularity whatsoever in the conduct of selections.
10. The responsibility for selection will be collective on all Members of the Selection Board.
11. All Members of the Selection Board should independently assess the candidates under the different headings and record their marks in the mark-sheet given to them and after signing should hand over the same to the Personnel Officer. The Personnel Officer will then prepare an evaluation chart based on the marks awarded by the Selection Board, which will be signed by all the Members of the Selection Board.
12. The Members of the Selection Board should note that any cutting and over-writing in the Selection Proceedings will be taken serious note of.
[No. E(NG)57/PM1/24 dated 8.10.1958.
No. E(NG)61/PM1/56 dated 3.1.1963.
No. E(NG)I/73/PM1/169 dated 26.9.1973.
No. E(NG)I/76/PM1/168 dated 3.9.1976.
No. E(NG)I/79/PM1/159 dated 22.6.1979.
No. HINDI 79/PL/14/8 dated 31.8.1981.
No. HINDI-81/OL-14/12 dated 14.1.1982
No. E(NG)I/83/PM1/65(PNM/NFIR) dated 17.4.1984.
No. E(NG)I/87/PM1/21 dated 14.12.1987 (RBE 307/1987).
No. E(NG)I/68/PM1/60 dated 29.8.1968.
No. E(NG)I/67/PM1/212 dated 25.2.1971.
No. E(NG)I/79/PM1/320 dated 23.12.1979.
No. E(NG)I/87/PM1/18(AIRF) dated 22.7.1988 (RBE 157/1988).
No. Hindi-87/OL1/10/3 dated 3.11.1988
No. E(NG)I/89/PM2/6 dated 31.1.1990]
IV. Allotment of Marks:
1. The following are the marks allotted for written test, viva-voce and other items, both for safety and non-safety categories: -
|(a)||Written test||35 marks|
|(b)||Viva-voce test||15 marks||50 marks|
|II.||Personality, address and leadership and academic/technical qualifications||20 marks|
|III.||Record of Service||15 marks|
2. An employee to be eligible to be called for viva-voce must secure a minimum of 60% marks in the written test i.e. 21 marks out of 35 marks. This will apply to SC/ST employees also so far as safety categories are concerned. However, in respect of non-safety categories SC/ST employees may be called for Viva-voce if they secure 10 or more marks out of 35 marks in the written test.
3. However, candidates securing 60% marks or more in the aggregate in written test and for seniority shall also be called for viva-voce test. For this purpose the assigning of marks for seniority at the stage of determining the eligibility for calling for interview will be on a national basis. For those called for interview, marks for seniority will be awarded again with reference to their relative seniority in accordance with the existing procedure and practice and the normal selection procedure will be followed for judging the final suitability for being empanelled.
4. Notwithstanding provision (3) above, if an employee is eligible to be called for interview on the basis of marks in the written test alone, he will continue to be eligible even if, by reason of his being junior, does not secure the minimum of 60% of the sum of the marks for written test and those for seniority.
5. In respect of the following categories of posts, the notional mark for seniority should not be added for purpose of deciding the eligibility for calling for interview: –
. Ex-cadre posts where the employee retains his lien on the present cadre and seeks advancement therein; and
i. General posts like Welfare Inspectors and Law Assistants etc., where employees of different departments and categories are considered but after induction, they can seek advancement only in the new cadre.
6. An employee must secure not less than 60% (30 out of 50) marks in the professional ability and not less than 60% in the aggregate to be eligible to be empanelled.
7. However, in the case of SC/ST employees 50%marks in Professional ability and 50% in aggregate (excluding marks for seniority) for non-safety categories and 60% marks in professional ability and 60% marks in aggregate (excluding marks for seniority) for safety categories would be required for enabling them to be empanelled.
8. Thus, an employee belonging to general community must get 30 marks out of 50 for professional ability and overall 60 marks out of 100, both for safety and non-safety category where as it would be sufficient for an SC/ST employee if he gets 30 marks out of 50 for professional ability with an aggregate of 51 marks out of a total of 85 marks in the case of safety categories and 25 marks out of a total of 50 marks in Professional ability with an aggregate of 43 marks out of a total of 85 in the case of non-safety categories for becoming eligible to be empanelled.
9. The names of the employees selected for empanelment in the aforesaid manner should be arranged in the order of seniority but those securing more than 80% marks and classified as outstanding may be allowed, to supersede not more than 50% of the number of this seniors in the field of eligibility. The above procedure will be applicable to general Selection posts also.
10. Moderation by way of awarding grace marks to candidates should not be resorted to without the authority of the Selection Board.
11. No grace marks should be awarded in individual cases.
12. While awarding marks under the category of Record of “Service”, the performance of the employees in the Zonal and other Training Institutions should also be kept in view in addition to CRs.
[No. E.48-RC1/18/3 dated 21.11.1953,
No. E(NG)57/PM1/24 dated 8.10.1958,
No. E(NG)57/PM1/24 dated 17.3.1959,
No. E(NG)62/PM1/22 dated 5.11.1964,
No. E(NG)I/69/PM1/126 dated 18.9.1969,
No. E(NG)I/70/PM1/22 dated 21.2.1970,
No. E(NG)I/70/PM1/22 dated 28.8.1970,
No. E(NG)I/67/PM1/212 dated 25.2.1971,
No. E(NG)I/72/PM1/142 dated 27.6.1973,
No. E(NG)I/72/PM1/158 dated 12.12.1973,
No. E(NG)I/76/PM1/142 dated 25.7.1979,
No. E(NG)I/79/PM1/275 dated 17.10.1979,
No. E(NG)I/76/PM1/142 dated 27/30.10.1979,
No. E(NG)I/83/PM1/65(PNM/NFIR) dated 5.12.1984,
No. E(NG)I/84/PM1/6 dated 30.3.1985 (RBE 95/1985)
No. E(NG)I/83/PM1/65 dated 28.1.1988 (RBE 21/1988).
No. E(SCT)/68/CM15/10 dated 13.7.1970,
No. E(SCT)/71/CM15/37 dated 30.7.1971,
No. E(NG)I/72/PM1/158 dated 16.4.1974.].
V. Supplementary Selection:
1. There should normally be only one supplementary selection in the following circumstances: –
. Late receipt of the intimation of the selection by the employee;
a. Administration’s failure to release the employee in time for the selection;
b. Due to sickness of the employee, (for this, the employee should produce a medical certificate from a Railway Doctor. For employees who reside beyond the jurisdiction of the Railway Medical Officer, certificate from a private Medical Practitioner may be accepted at the discretion of the competent authority. However, certificate from the Private Medical Practitioners will be acceptable only in the case of initial selection and not supplementary selection).
2. In rare cases, however, a second supplementary selection may be held with the personal approval of the C.P.O. or DRM on merits of each case.
3. Members of the Supplementary Selection Board should, as far as possible, be the same as for the main selection.
4. Normally supplementary selection should be held within about 4 weeks from the date of the main selection. The date of supplementary selection may also be notified along with the notification for the main selection (with a gap of 3 or 4 weeks from the date of main selection) to avoid delays in holding supplementary selection.
[E.54/PM1/19/3 dated 4.4.1555,
E.56/PM1/19/3 dated 9.7.1956,
E(NG)I/76/PM1/168 dated 3.9.1976,
E(NG)I/80/PM1/188 dated 31.12.1980,
E(NG)I/87/PM1/18(AIRF) dated 27.6.1988 (RBE 144/1988),
E(NG)I/87/PM1/18(AIRF) dated 22.7.1988 (RBE 157/1988).
E(NG)I/87/PM1/14/AIRF dated 10.5.1989 (RBE 125/1989)].
8. Currency of the Panel:
1. As soon as the recommendation of the Selection Board is approved by the competent authority, the names of the employees included in the panel should be notified within a week of the approval. If the competent authority does not accept the recommendation of the Selection Board, the case should be submitted to the General Manager for instructions who may constitute a fresh Selection Board at a higher level or issue such other orders as he considers appropriate.
2. The currency of the panel shall be two years from the date of approval of the same by the competent authority or till it is exhausted whichever is earlier. In working out the period of two years as the maximum life of the panel, the period / covered by Stay Order of the court, if any, should be excluded.
3. Before making actual promotion, the promoting authority will have to obtain Vigilance/D&A clearance of those already selected for promotion.
[E.48-RC1/18/3 dated 21.11.1953,
E(NG)57/PM1/24 dated 8.10.1958,
E(NG)62/PM1/91 dated 10.7.1964,
E(NG)I/71/PM1/83 dated 16.6.1971,
E(NG)I/72/PM1/211 dated 14.12.1972,
E(NG)I/80/PM1/188 dated 31.12.1980,
E(NG)I/83/PM1/67 dated 27.2.1986 (RBE 45/1986),
and E(D&A)88 RG 6/21 dated 21.9.1988 (RBE 211/1988)].
9. Amendment to and representation against panel:
1. A panel once approved should not be normally cancelled. If after the formation of and announcement of the panel, procedural irregularities or other defects are found and it is considered necessary to cancel or amend such a panel, this should be done after obtaining the approval of the authority next higher than the one who approved the panel.
2. Representations, if any, against a panel should be submitted to the competent authority within a period of two months from the date of announcement of the panel. However, the authority that approved the panel or higher authority may use his discretion and take such action as is considered necessary if he is satisfied that an irregularity has occurred and on that account some staff have been put to hardship.
10. Promotion after empanelment:
1. An employee who once officiates against a non-fortuitous vacancy in his turn on the panel whether against a leave vacancy, deputation or temporary transfer of another employee vacating the post, shall not be required to appear again for a fresh selection. However, if such an employee refuses to move out on promotion in a regular vacancy he should be debarred for a period of one year. At the end of that period, if he still refuses promotion, he should be subjected to a fresh selection not withstanding the fact that he has officiated against a non-fortuitous short-term vacancy as per his panel position.
2. In case an employee lower in the panel has officiated whereas one higher in the panel has not officiated for reasons beyond his control such as sickness, non-release by the Administration, the latter employee will not be required to appear for fresh selection. If however the senior employee does not officiate for reasons of his own, this would imply refusal of promotion. In that case the next junior is the rightful person to be promoted and the senior employee will not be entitled to protection in such cases.
3. Once an employee has been placed on the panel there should be no question of denying the promotion simply because of subsequent adverse Confidential Reports. It is open to Administration to take suitable action to remove the name of the employee from the panel in the event of deterioration of his work after promotion.
[E(NG)62/PM1/91 dated 10.7.1964,
E(NG)62/PM1/91 dated 9.8.1965,
E(NG)62/PM1/91 dated 9.3.1967,
E(NG)I/71/PM1/106 dated 15.12.1971,
E(NG)I/72/PM1/211 dated 14.12.1972,
E(NG)I/77/PM1/269 dated 3.5.1980,
E(D&A)65 RG 6/24 dated 9.6.1965,
E(D&A)61 RG 6/20 dated 30.5.1966,
and E(D&A)85 RG 6/9 dated 20.04.1985].
11. Selection of Persons on deputation abroad:
Panel should be finalised without waiting for the employees who are on deputation abroad. Employees who are on deputation abroad will not be taken into account for working out the field of consideration. On return of the employee from abroad, if it is found, that anyone junior to him has been promoted on the basis of a selection in which he was not called for because of his being abroad, he may be considered in the next selection and if selected, his seniority may be adjusted vis-à-vis his juniors. In case such an employee is declared as “outstanding” in the next selection, he should be interpolated in the previous panel in accordance with the seniority and gradation in the subsequent selection.
[E(NG)I/90/PM1/41 dated / /1991]
12. Automatic empanelment: -
1. A Railway employee selected for a higher grade selection post without having been selected for an intermediate grade selection post, if in the same avenue of promotion, should be treated as automatically selected for the latter post, provided that the original Class-III post, the Intermediate Class III selection post and his/her present Class III post are all in the same avenue of promotion and none of them is a general post for which several categories of staff are eligible.
2. If the Selection Board for the intermediate selection post have placed some persons as “outstanding”, in that case, an employee selected for a higher grade Group ‘C’ or a Group ‘B’ post in the normal channel of promotion may be deemed to have been classified as “outstanding” and given the place in accordance with the seniority amongst those classified by the Selection Board as “outstanding” for the intermediate grade selection post provided the selection for that post is held after such an employee has already been selected for the higher grade selection post.
3. However, in the case of employees of Personnel Branch, Personnel Inspectors/Welfare Inspectors as well as staff of Law Branch and Law Assistants when selected as APO/ Assistant Law Officer respectively should automatically be placed in the intermediate – selection posts in Group ‘C’ in their respective cadre. The post of APO/L.O. will continue to be general posts and this benefit of automatic empanelment in the intermediate grade selection posts will not accrue to staff of other departments/ categories.
13. Removal of the name or reversion of an employee from the panel: -
1. The name of an employee who has been promoted by virtue of his position on a panel should not be removed from the panel (while the panel lasts).
2. If a Railway employee, whose name is on a panel, is considered unsuitable for promotion even before he is promoted, his name should be removed from the panel but before this is done, the reason for such action should be communicated to him and he should be given an opportunity to explain his case. In such cases: –
a. The power to remove the name from the panel should be exercised by an authority next above the one which approved the panel; and
b. The Railway employee will have a right of appeal against dis-empanelment to the next higher authority.
The question of taking action as indicated at (a) and (b) above will obviously arise only when panel is current.
3. However, a person promoted on the basis of his empanelment cannot be reverted for unsatisfactory work after 18 months without following the procedure prescribed in the Discipline and Appeal Rule:
Note: – General Managers may, however, in very special circumstances revert an employee regularly officiating in higher post, in relaxation of the above mentioned time limit of 18 months, in exercise of their personal judgments.
4. The following procedure has been evolved for effecting reversion of such a person on account of unsatisfactory performance, such unsatisfactory performance being judged from: –
i. The annual C.R. of the employee, if already written and
ii. By calling for a special report on his performance if his C.R. has not been written.
iii. Reversion should take place only after the incumbent has been warned for unsatisfactory performance and after having watched his subsequent Performa after warning.
iv. Decision for such a reversion should be taken at level of DRM in the Division for divisionally controlled posts and the Head of the Department concerned for the Headquarters controlled posts. The case where such an action is taken, the concerned Railway employee will have to appear at subsequent selection after the currency of the panel has expired.
a. The procedure indicated in sub-paragraphs (3) and above will be applicable to those employees who have acquired the prescriptive right to the officiating by virtue of their empanelment.
b. The said procedure dose not apply to those employee officiating on a stop-gap arrangement on an ad hoc basis and also to those cases where the employee duly selected have to be reverted after a lapse of 18 months because of the cancellation of the selection proceedings or due to change in the panel position consequent on the rectification of mistake in seniority etc.
[E(D&A)61 RG 6/20 dated 30.5.1966,
E(D&A)65 RG 6/24 dated 9.6.1965,
E(D&A)65 RG 6/24 dated 15.01.1966,
E(NG)I/82/PM1/68 dated 28.4.1982,
E(D&A)85 RG 6/9 dated 20.04.1985
and E(D&A)65 RG 6/24 dated 22.11.1966.]
14. Effects of Refusal of Promotions:
1. The following principles may be followed in respect of staff that refuses promotion on transfer from one station to another: –
a. The employee concerned should give in writing his refusal to accept promotion accepting the condition that he would not be eligible for promotion to that post for a period of one year. Employee who refuses promotion for a year on account of unavoidable domestic reasons should not be transferred for that year.
b. At the end of the one year period, if the employee still refuses promotion, his name will be removed from the panel and he will be required to appear again for selection to that post. In such cases, the Railway Administration can transfer the employee in the same grade should they consider it necessary to do so.
c. An employee who refuses promotion on transfer will not lose seniority to another employee promoted to the same promotion category during the one-year penalty as a result of fresh selection subsequently held.
d. It is left to the Administration to entertain requests from employees for postponement of promotion for a very short period on account of grave domestic difficulties or other humanitarian considerations. The employees concerned should be promoted after that period if there is a vacancy. They will take their seniority only from the date of their promotion.
2. Staff promoted at the same station cannot decline such promotion. Refusal to accept the promotion in the higher grade, whether on short term or long term basis should be treated as refusal of duty entailing action under Discipline & Appeal Rules against the recalcitrant staff. However, action under Discipline and Appeal Rules for good and sufficient reasons may be initiated for refusal of ad hoc promotion only in those cases where such refusal affects train operations. Other conditions like debarment for one year as specified in Railway Board’s instructions would apply.
3. It is for the competent authority to decide in which cases D&A action is necessary and in which cases the difficulties or reasons given by the employee concerned are genuine. In the latter type of cases, the competent authority can always accept the request of the staff and allow them to continue the existing grade.
4. If the employee refuses promotion and the currency of the panel lapses, he has to appear a fresh for selection. He cannot be promoted subsequently on the basis of the previous lapsed panel in spite of his non-fortuitous promotion, if any, against a short-term vacancy.
5. In the case of an employee who neither gives the refusal in writing nor joins duty on being promoted, it should be treated as refusal of promotion and action taken accordingly.
6. Refusal of promotion has relevance to a particular grade at any station and not to a particular post at a particular station.
7. In case of Section Officer (A/cs) Inspectors of Station/Stores Accounts who refuse promotion, their panel position is maintained for that particular year i.e. they do not lose in seniority.
8. Penalty for refusal of promotion applies to cases of seeking of reversion in the grade after being once promoted.
[E(NG)64/PM1/66 dated 21.1.1965,
E(NG)64/PM1/66 dated 10.01.1966,
E(NG)66/PM1/66 dated 14.10.1966
E(NG)64/PM1/66 dated 4.5.1969,
E(NG)I/71/PM1/269 dated 15.12.1971,
E(NG)I/73/PM1/120 dated 2.2.1974,
E(NG)I/73/PM1/120 dated 04.09.1974,
(NG)I/73/PM1/120 dated 11.9.1974,
E(NG)I/79/PM1/147 dated 31.1.1981,
E(NG)I/80/PM1/133 dated 5.7.1980,
and E(NG)I/88/PM1/6 dated 19.12.1989 (RBE 311/1989)].
15. Ad hoc Promotions: -
1. Government is averse to making ad hoc promotions and continuing the same for a long time, which results in hardship to the employees when reverted.
2. Normally ad-hoc promotion should not be made in vacancies of regular nature. In any case such arrangements should not be allowed to last beyond 3 to 4 months except in exceptional circumstances like Stay Orders from the Court etc.
3. Ad hoc arrangements should normally lapse after 4 months. Further continuance can only be ordered by the CPO personally who should determine the reasons for non-finalisation of selection and then authorise extension for the ad hoc promotions for a minimum period so that selection committee can finalise the panels. Delays in forming panels must be explained and put up for GM’s perusal and acceptance.
4. The F&ACAO should not clear the pay of such promotions beyond 3 months unless such sanction has the personal approval of the CPO.
5. Where it is absolutely necessary to fill up a post on ad hoc basis, then the senior most person available in the seniority list should normally be promoted unless the authority ordering the promotion considers him unsuitable; exception may be made in cases where change of station is involved and short term promotions involving transfer is not desirable.
6. In no case second ad hoc promotion should be allowed.
7. Some of the situations, which may lead to ad hoc promotions, are illustrated below: –
a. Due to absence of a panel;
b. Revision of Recruitment/Promotion Rules is under process or is contemplated; and
c. Revision of seniority list.
Reg. (a) As indicated above the ad hoc promotion should not be for more than 3 to 4 months. Any extension should have the personal approval of the C.P.O. and every effort should be made to finalise the selection.
When ad hoc promotions are made in such a case, the notification for promotion should clearly specify that the employee concerned has not been selected for regular promotion and that this temporary promotion gives him no right for regular promotion and that his promotion is provisional for the purpose of drawing pay.
Reg. (b) Generally Rules are brought into effect prospectively. Hence posts are to be filled by holding selections in accordance with the eligibility conditions prescribed in the Recruitment Rules in-force at the point of time.
Reg. (c) Wherever the seniority is under dispute, selections may be made with reference to the existing seniority when the cases are pending before the Court of Law/Tribunal, selection may be finalised with the existing seniority list but while making promotion it may be mentioned in the order of promotion, that the promotions are provisional subject to the final order of the Court/Tribunal.
[E.55/PM1/19/3 dated 11.06.1955,
E(NG)I/73/PM1/222 dated 23.2.1974,
E(NG)I/79/PM1/105 dated 26.4.1979,
E(NG)I/80/PM1/125 dated 11/14.8.1980,
E(NG)I/85/PM 5/3 dated 28.08.1985,
and E(NG)I/86/PM1/10 dated 14.12.1989 (RBE 309/1989)]
16. Promotion Courses:
1. Railway may prescribe requisite promotional courses passing of which should be pre-condition for further promotion to a grade in a cadre.
2. When employees are booked for promotional course, they should be relieved immediately.
3. No exemption should be given from passing a prescribed promotional course.
4. In case of posts for which ‘Promotional Course’ has been prescribed as a pre-requisite condition to promotion, the employee may be allowed to avail of three chances to pass the course at the cost of the Administration. More chances, if any allowed should be at the cost of the employee himself.
17. Erroneous Promotion:
1. Sometimes due to administrative error, staffs are over-looked for promotion to higher, grades. This could be either on account of wrong assignment of relative seniority of the eligible staff or full facts not being placed before the Selection Board. Broadly, there can be two types: –
a. Where a person has not been promoted at all because of administrative error; and
b. Where a person has been promoted but not on the date from which he would have been promoted but for the administrative error.
2. Each such case should be dealt with on merits. Staff who have not been promoted on administrative error, should, on promotion, be assigned correct seniority vis-à-vis their juniors already working, irrespective of the date of promotion. Pay in the higher grade may be fixed proforma at the stage, which the employee would have reached, if he was promoted at proper time. However, no arrears shall be paid, as he did not actually shoulder higher responsibility of the higher post.
3. The orders of notification, promotion or appointment of a Railway employee in a substantive or officiating capacity to a post if later found to be erroneous on the basis of facts, should be cancelled and the Railway servant should immediately be brought to the position which he would have held but for the incorrect order of promotion or appointment.
4. Service rendered by the Railway servant concerned in the post to which he was promoted wrongly should not be reckoned for purpose of increment or for any other purpose in that grade.
5. Any consequential promotions/appointments made as a result of the erroneous promotion will also be required to be regulated on the lines indicated above.
6. The decision on question whether the promotion/appointment of a particular Railway servant to a post was erroneous or not should be taken by an authority higher than the appointing authority.
7. Suitable disciplinary action should be taken against those who were responsible for such erroneous promotions/appointments.
8. The orders refixing the pay in such cases should be issued expressly under Rule 1326 R-II.
18. Procedure and guidelines to be followed in the case of promotion of Railway employees who are under suspension or against whom Departmental proceedings/prosecutions have been initiated or proposed to be initiated, or whose conduct is under investigation is enclosed as Annexure-I to this circular. Clarifications issued vide letter of even number and date should also be kept in view.
[E(D&A)88 RG 6/21, dated 21.09.1988 (RBE 211/1988).]
19. In addition to what has been indicated in this circular in respect of SC/ST candidates, other instructions prescribed in the “Brochure on reservation for SC/ST” concerning promotion would also be applicable.
a. While referring to this Circular, the original letters referred to herein should be read for a proper appreciation. This circular is only a consolidation (except the modification incorporated in para V (2) and para 11) of the instructions issued so for and should not be treated as a substitution to the originals. In case of doubt, the original circular should be relied upon as authority.
b. The instructions contained in the original circulars referred to have only prospective effective from the date of issue unless specifically indicated otherwise in the concerned circular. For dealing with old cases, the instructions inforce at the relevant time should be referred to; and
c. If any circular on the subject, which has not been superseded, has not been taken into consideration while preparing this consolidated letter, the said circular, which has been missed through oversight should be, treated as valid and operative. Such a missing circular, if any, may be brought to the notice of the Railway Board.
The consolidation has been made from the following circulars/letters:
10. No. E(NG)57/PM1/24 dated 8.10.1958.
11. No. E(NG)57/PM1/24 dated 17.3.1959.
12. No. E(NG)56/PM1/36 dated 22.1.1960.
14. No. E(NG)61/PM1/40 dated 28.9.1961.
15. No. E(NG)62/PM1/40 dated 1.6.1962.
16. No. E(NG)62/PM1/91 dated 30.11.1962.
17. No. E(NG)61/PM1/56 dated 3.1.1963.
18. No. E(NG)62/PM1/91 dated 12.3.1963.
19. No. E(NG)62/PM1/22 dated 27.5.1963.
20. No. E(NG)62/PM1/91 dated 18.6.1963.
21. No. E(NG)63/PM1/43 dated 6.9.1963.
22. No. E(NG)62/PM1/91 dated 10.7.1964.
23. No. E(NG)63/PM1/82 dated 17.9.1964.
24. No. E(NG)62/PM1/22 dated 5.11.1964.
25. No. E(NG)64/PM1/66 dated 21.1.1965.
26. No. E(D&A)65 RG 6/24 dated 9.6.1965.
27. No. E(NG)62/PM1/91 dated 9.3.1967.
28. No. E(NG)62/PM1/91 dated 9.8.1965.
30. No. E(NG)66/PM1/66 dated 14.10.1966.
31. No. E(NG)I/68/PM1/1 dated 26.8.1968.
34. No. E(NG)I/67/PM1/41 dated 5.2.1969.
35. No. E(NG)64/PM1/66 dated 4.5.1969.
72. No. E(NG)I/75/PM1/64 dated 6.6.1980.
76. No. 81/E(SCT)15/32 dated 4.6.1981.
78. No. 81/E(SCT)15/32 dated 12.10.1981.
82. No. 81/E(SCT)15/32 dated 17.6.1982.
86. No. 81/E(SCT)15/32 dated 30.9.1983.
87. No. E(NG)I/75/PM1/44 dated 26.05.1984.
88. No. 83/E(SCT)15/32 dated 3.8.1984.
91. No. E(NG)I/84/PM1/6 dated 30.3.1985 (RBE 95/1985)
92. No. E(NG)I/84/PM1/43 dated 12.9.1985 (RBE 266/1985).
93. No. E(NG)I/85/PM1/14(RAEC-78) dated 13.11.1985 (RBE 296/1985).
94. No. E(NG)I/83/PM1/67 dated 27.2.1986 (RBE 45/1986).
95. No. E(NG)I/85/PM 1/13 (RRC) dated 19.2.1987 (RBE 28/1987)
96. No. E(NG)I/87/PM1/4 dated 18.8.1987 (RBE 213/1987).
98. No. E(NG)I/87/PM1/21 dated 14.12.1987 (RBE 307/1987).
99. No. E(NG)I/83/PM1/65 dated 28.1.1988 (RBE 21/1988).
100. No. E(NG)I/87/PM1/18(AIRF) dated 27.6.1988 (RBE 144/1988).
101. No. E(NG)I/87/PM1/18(AIRF) dated 22.7.1988 (RBE 157/1988).
102. No. E(NG)I-87/PM1/6 dated 29.8.1988 (RBE 195/1988)
103. No. E(D&A)88 RG 6/21 dated 21.9.1988 (RBE 211/1988).
104. No. E(NG)I/85/PM 1/13 (RRC) dated 23.3.1989 (RBE 83/1989).
105. No. E(NG)I/87/PM1/14/AIRF dated 10.5.1989 (RBE 125/1989).
106. No. E(NG)I-87/PM1/6 dated 15.11.1989 (RBE 283/1989)
107. No. E(NG)I/86/PM1/10 dated 14.12.1989 (RBE 309/1989).
108. No. E(NG)I/88/PM1/6 dated 19.12.1989 (RBE 311/1989).
109. No. E(NG)I/89/PM2/6 dated 31.1.1990.
110. No. E(NG)I/85/PM1/13(RRC) dated 13.2.1990 (RBE 29/1990).
111. Paras of IREM 1989 Edition.
Subsequent Letters and Supplementary Circulars
Supplementary Circular No. 4/92 – Effect of refusal of promotion non-gazetted Accounts staff – No. E(NG)I/91/PM/9/7 dated 13.02.1992
Supplementary Circular No. 10 – Calculation of vacancies for selection posts – No. E(NG)I-96/PM1/19 Dated 21.10.1997 (RBE 141/97)
Supplementary Circular No. 11 – Relaxation of upper age limit for serving Railway employees for recruitment to Group ‘C’ & ‘D’ posts on Railways – No. E(NG)I-95/PM1/1 dated 11.01.1999 (RBE 5/99)
Supplementary Circular No. 12 — Diploma in Railway Engineering awarded by the Institution of Permanent Way Engineers (India) will also be taken into account, alongwith any other Technical/Academic qualifications in awarding marks under the heading “Personality, Address, Leadership and Academic/Technical qualifications.” vide Railway Board’s letter No. No. E(NG)I-99/IC 2/1 dated 17.09.1999 (RBE 240/1999).
Guidelines for the Personnel Officers and members of the Selection Board vide Railway Board’s letter No. E(NG)I-98/PM1/7 dated 20.10.1999 (RBE 272/1999).
Supplementary Circular No. 13 – Constitution of Selection Boards for promotion of Group ‘C’ staff – No. E(NG)I/98/PM1/43 dated 22.05.2000 (RBE 92/2000)