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V Natarajan
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PostPosted: Mon Sep 03, 2007 10:58 am Back to top

While Board had increased the vacancies for intake of Gr`A' from Gr`B' from 318 during last two years (2005-06 & 2006-07) to 411 for 2007-08, the number of vacancies for Civil Engg department has been decreased from 76 to 74. The department wise breakup is as under:-

1. Mechanical:- 48 to 84 ie increase of 75.00%
2. Traffic :- 44 to 66 ie increase of 50.00%
3. Personal :- 20 to 28 ie increase of 40.00%
4. S&T :- 35 to 48 ie increase of 37.14%
5. Electrical :- 44 to 55 ie increase of 25.00%
6. Stores :- 23 to 27 ie increase of 17.39%
7. Accounts :- 28 to 29 ie increase of 3.60%
8. Civil Engg:- 76 to 74 ie DECREASE OF 2.63%
9. Total :- 318 to 411 ie increase of 29.24%

The distribution for 2007-08 is said to have been made at 25% of Jr.Scale posts. The %age distribution of posts in different grades (from HAG to Jr.Scale) varies from department to department. and the reason why Engg department got lesser share of vacancies is that the Engg department has a low percentage of Jr.Scale posts . The total cadre strength of Engg department is around 25% of the entire Gazetted cadre. Just because Engg department have more % of Sr.Scale posts & above grades does not mean than induction from Gr`B' to Gr`A' for Engg department should be reduced. In fact in promotion to Sr.Scale on adhoc basis , there is no financial benefit (except for an increment or two) as a Gr`B' officer in Engg dept serves nearly for 10-11 years before he gets his promotion as Sr.Scale on adhoc basis and getting induction to Gr`A' earlier is more important for career progression of an officer than getting a promotion of Sr.Scale(adhoc).

Another fact affecting the Engineers of Gr`B' is that work charged posts have not been considered in the above calculations. The ratio of cadre posts to work charged posts in Engg Department is 1:2 while in other departments, it is negligible or utmost to 2:1 as in S&T department. On the other hand most of the officers in construction department retire after working their entire span in Gazetted post against work charged posts. If work charged posts are not taken into account, it is bound to cause a stagnation for Civil Engineers of Gr`B'.

When stipulated ratio for induction to Gr`A' approved by the Government is 50% for Gr`B' and 50% for direct recruits, the vacancy assessment for induction from Gr`B' to Gr`A' has been made at 25% of the strength by the Railway Board. But even under these circumstances what ever was made available to Gr`B' should atleast be distributed in a fair manner amongst all departments.

One formula which will be fair enough to all departments is to make a combined seniority list of all officers of Gr.B' of all departments awaiting induction to Gr`A' based on the date of their induction to gr`B' and do the induction to Gr`A' based on this combined seniority list.

I seek the views of our esteemed members.

R. P. Saxena
sr professor engg

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PostPosted: Thu Dec 13, 2007 2:38 pm Back to top

a reprentation to board need to be sent by association for any fruitful result
            
            
            
- R.P. Saxena Chief Engineer (General) ... 13-12-07

V Natarajan
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PostPosted: Wed Jan 23, 2008 10:25 pm Back to top

Individual representations were sent from Western Railway to the honourable ME.

The promotee officers of civil Engineering department of ADI division as well as construction unit at ADI had given mass resignation from the promotee officers association and the Secretary General of IRPOF Shri.Jitendra Singh and President of IRPOF Shri.J.P. Singh were kind enough to visit ADI to explain the situation and steps taken by IRPOF.

Secretary General of IRPOF brought out that the letter regarding anomolies in distribution of posts in different streams of organised services was also sent to MS vide his letter No.ROF/MS/07 Dt.10.4.07. In accounts and Engg departments the ratio between Jr.Scale and Sr.Scale is not in the same pattern as in other six organised services. In all other organised services, the number of Junior scale posts are more than or almost equal to Sr.Scale posts while in civil Engineeering and accounts department Sr.Scale posts are almost double to Jr.Scale posts and since induction to Gr`A' is worked out at 25% of strength of Jr.Scale posts (which should be 50% as per DOPT's instructions), both these departments get very little quota for induction to gr`A' which will cause stagnation of Gr`B' officers in these departments for vacancy years 2007-08 onwards.

As per DOPT

S. RAVI
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PostPosted: Thu Jan 24, 2008 5:58 am Back to top

DPC has been shelved during 1995 for few years and S&T branch approach court got it done and bag log of S&T only cleared, now it is learnt that some promottee officers in NR and SR now in JA scale approach court to get the benefit as S&T department to Engineering department also to the back effect , since S&T got the post after more than 5 years , for engeneering department also if court rules favour, the baglock will be cleared after 5 years,or the time the court takes, to settle the issue.
1. Brief given to Advocate for legal Process



1. The services in Railway are divided into Group A,B,C & D. Group A & B are Gazetted

Cadre while Group C & D are non Gazetted. As laid down in Rule 207 of the Indian railway Establishment Code, the appointments to Group B services is made by the Zonal Railways by promotion from those persons in Group C services as specified therein.



2. There are 8 Central group 'A' services which mainly provide the Gazetted manpower for the Railways.

These services are:

a. Indian Railway Service of Engineers (IRSE)

b. Indian Railway Service of Mechanical Engineers(IRSME)

c. Indian Railway Traffic Services(IRTS)

d. Indian Railway Service of Electrical Engineer(IRSEE)

e. Indian Railway Service of Signal Engineer(IRSSE)

f. Indian Railway Store Service(IRSS)

g. Indian Railway Accounts Service(IRAS)

h. Indian Railways Personnel Service(IRPS)



3. The Group A cadre of Central Govt. consists of the following levels/grades

a. Additional Secretary level Grade Rs. 22400-26000

b. Senior Administrative grade Rs. 18400-22400

c. Non functional selection grade Rs. 14300-18400

d. Junior Administrative Grade Rs. 12000-

e. Senior scale Rs. 10000-15200

f. Junior Scale Rs. 8000-13500



4. The grade allotted to group B presently is Rs. 7500-12500 though at the lowest rung of Gazetted cadre, occupied by both Group A Junior scale and Group B Assistant officers, is totally inter-chargeable, and non bifurcable with exactly same duties, responsibilities and powers, and have same designations. Still an artificial difference is initial grades has been maintained.



5. Appointments to the lowest rung of Group 'A' grade Rs 8000-13500 (Junior scale) in the various departments is made in terms of para 205 of the Indian Railway Establishment Code as under:-

a. By direct recruitment through open competitive examination conducted by the UPSC.

b. By promotion of Group 'B' officers belonging to the various departments of the Railways respectively.



6. Relevant rule 4 of the recruitment rules to IRSE reads as under:-

Methods of Recruitment- Recruitment to the service shall be by the following methods-

a) By competitive examination held in accordance with part II of these rules.

b) By promotion of Class-II officers of the Civil Engg. Deptt. Not more than 40% of the vacancies shall be filled by departmental promotion. This percentage is likely to be varied from time to time if found necessary.

c) By occasional admission of other qualified persons appointed by the Govt. on the recommendations of the Commission.



Note-I: If the quota of 40% reserved for Class-II for promoton to Class-I is not fully utilised, the remaining vacancies shall be filled by direct recruitment under Clause (a)

Note-2: In addition to the methods of recruitment refered to above,m Asstt.Engineers recruited through the commission, initially as temporary officers, shall be absorbed in the service to the extent as may be decided in consultation with the commission from time to time.

The vacancies so added shall not be taken into account for calculation of the vacancies to be filled in accordance with Clauses (a) and (b).



7. In terms of para 209 of Establishment code, a certain quota is laid for the recruitment to Group 'A' both from direct recruitment and by promotion from Group A.



8. W.E.F. 1/1/1997, the said quota presently fixed is 50% by promotion from eligible Group B officers. Earlier w.e.f. Feb.'78, the said quota was 60% for direct recruitment and 40% for promotion of eligible group B officers.



9. In Railways, promotion from Group 'B' to Group 'A' Junior Scale is done through selection conducted by a Departmental Promotion Committee(DPC). A member of the UPSC is the Chairman of DPC. Three Representatives of the ministry of Railways form part of the DPC as Members.



10. That in the year 1988-89, in view of large scale of stagnation existing in the cadre of Group 'B' Officers, a study was conducted by the Railway Board.



11. As per this study, the following facts were brought out:-

a. Nearly 2000 Group 'B' officers are working against Jr.scale Group 'A' posts.

b. About 1700 are officiating in Sr.Scale on adhoc basis

c. Only 195 were working in Sr.Scale on regular basis which comes to only 7.7% of the cadre strength.

d. In about 3800 group B officers working as on 1/8/89, 1981 are working with more than 5 years service in group B and 1462 officers are working in Sr.Scale(adhoc).

e. In addition to normal absorption in group A against pending vacancies for DPC panels, as many as 900 officers are there (working in Sr.Scale adhoc) who are waiting for Group A induction.

f. If the percentage of 40% would have been followed correctly, the number of group B in Sr.Scale and above posts would not have been much below the 40% whereas only about 14% posts are manned by promotees. Only 7.7% posts in Sr.Scale are manned by promotees on regular basis and 67% of Sr.Scale posts are filled by promotees on adhoc basis.

12. The following were the factors operating communicatively for such imbalances:

(i) It is well known that promotee Group 'A' officers, because of their higher age at the time of entry into Group 'A', superannuated in large numbers after a service of only a few years in Group 'A'. Weightage for this factor does not appear to have been given in the annual calculations of wastage requirements which were, by and large, taken as a percentage of total Group 'A' cadre.



(ii) In the cadre review of 1973, 250 posts were upgraded from JS/Group 'B' to senior scale and in the cadre review of 1980, 382 posts were similarly upgraded. These upgradation were largely for the befit of Group 'B' officers, as will be clear from the following extract from the Memorandum submitted to the cabinet relating to 1973 Cadre Review:



"The proposal for upgradation of Junior Scale to "Senior scale posts would largely benefit Class II officers who were already officiating in the Senior Scale for many years. These Class II officers would have put in 28-30 years of service and would otherwise have to retire as Assistant Officers. All these officers have been promoted from Class III, in which they had served for 15 to 20 years. The proposed upgradation of posts is necessary to mitigate unmerited hardship by stagnation of such promoted officers."

As a follow-up action, these upgraded posts should perhaps have been filled by larger induction of Group 'B' officers in Group 'A' in a phased manner so that the senior scale posts are manned on regular basis. This does not appear to have been done, with the result that these upgraded posts continued to be manned by ad-hoc promotion of Group 'B' officers in the absence of Group 'A' Junior Scale Officers (whether promotee or directly recruited).

13. In view of this large scale stagnation in the cadre of group 'B' officers, the Railway Board in consultation with UPSC decided to allotte additional posts for induction to Group 'A' for 5 Deptts. only (out of 8 departments ) as under:-

Civil Engineers 238

S&T Deptt 76

Electrical engineers 52

Personnel deptt. 49

Traffic deptt. 48

Total= 463



14. This decision was arrived at after thorough probe made by UPSC about the effects of these additional posts on the promotions and prospects of Group 'A' direct recruits and other concerned issues. The additional vacancies thus allotted after thorough scrutiny by the UPSC were approved by UPSC vide their letter dt. 5/3/91.



15. It was decided that the additional vacancies shall be included in the DPCs being conducted for the year 1989 & 1990 in full, for 4 Deptts. i.e. Personnel, traffic, Electrical & S&T Deptts. and for the Civil Engg. Deptt., in DPCs for the vacancies of 1989, 90 & 91.



16. Consequently DPCs were conducted/completed in the year 1992 (for 1989-90) for all those five Deptts. (for Civil Engg. Deptt. additional vacancies for two years only i.e. 158 vacancies).



17. On the notification of these DPCs the same were challenged in the various CATs i.e. traffic deptt. in Madras CAT, Electrical in Bombay CAT, Civil Engg. in Jabalpur CAT and S&T Deptt. in Principal bench CAT at new Delhi by the direct recruits. The basis contention taken up by the Direct recruits were as under:-



a. That the Govt. is not empowered to recruit/induce the Group 'B' officers in Group 'A' , more than the stipulated quota of 40% for Group 'B' officers whereas the quota of direct recruits can go up., if there is shortfall in the percentage meant for departmental promotions (in Jabalpur CAT).

b. There are vacancies which remained unfilled (case of the quota of Group B officers) in any particular year, can not be carried forward and filled by promotion of group B officers (in Jabalpur CAT).

18. The above issues, brought before the various CAT's were decided as under:-

18.1 Madras CAT (for Traffic & Commercial Deptts.)

Rejected the arguments of the petitioners (direct recruits) and upheld the scheme declaring that Govt. is empowered to relax the quota stipulated specially when a conscious decision has been taken by the Govt. with due consultation with UPSC.



18.2 Jabalpur CAT (for Civil Engg. Deptts.)

Held that Govt. is not empowered to recruit persons more than the quota laid down, hence directed to adjust persons recruited more than the quota, in subsequent year's quota.

It however, allowed the carry forward of vacancies, which remain unfilled in any particular year.



18.3 Principal Bench of CAT at Delhi (for Signal & Telecommunication Engineers)



i) Held that Govt. is not empowered to enhance quota/recruit persons of a particular cadre more than the quota stipulated for them.



ii) It was directed that the unfilled vacancies in any particular cadre, though can be filled in subsequent years but that unfilled portion or vacancies should not filled by the particular cadre but by both direct recruits and promotees in the ratio/quota laid down for them.



18.4 Bombay CAT (for Electrical Engineering deptt.)



Followed the principle decided by the Principal bench of new Delhi in all respects.



19.0 The operative paras of the judgments in the cases above are extracted below for

ready reference:



19.1 Madres CAT(Last but one para of the judgment)



(OA No. 784/93 and MP No. 664/93 Judgment dt. 14/2/94).

"------------------------------- we can not therefore consider that the action of the respondents in ordering a one-time relaxation has been unreasonable, arbitrary or unfair to the applicants and other direct recruits like her. Any temporary delay in promotion to the Junior Administrative grade would have a short term impact and would not affect the career prospects in the long term of direct recruits------------------".



In the light of the above discussion, we find that the application is without merit and dismiss it without any order to costs. MP is also dismissed.



19.2 Jabalpur CAT (OA No. 865/1993.Judgment dt. 5/8/94)



Para 12



-------------we have no hesitation to come to the conclusion that the words used in the statutory recruitment rules leave no scope for doubt that the appointing authority can fill up the posts in the junior scale by Departmental promotion upto maximum 40%. If and when the 40% quota is not fully utilized by the promotee officers, it would amount to variation and the advantage shall got to the direct recruits i.e. the percentage of direct recruits would accordingly go up. In our opinion this is the true import of the relevant offer quoted rule 4 of the recruitment rule of IRSE--------------



"-------------------we are unable to subscribe to the view that the rule 4 vesis power of relaxation in the appointing authority to fill more than 40% vacancies by departmental promotion in the junior time scale of Indian Railway service of Engineers--------------".



Regarding Carry forward of vacancies

Para-13

"----------------we are of the opinion that in these circumstances, it is equitable that the Group 'B' officers may be allowed to be appointed on the status/vacancies which have remained unfilled in the past. We can also take note of the fact that the vacancies have remained unfilled not because eligible officers were not available but only because the process of regular appointment was not completed for one or the other reason-----------------------------------"



19.3 Principal Bench of CAT at New Delhi (OA No. 574/93 Judgment dt. 4/8/95)

Para 39

It is not competent for the Railways to appoint as many as persons by promotions as they like, in disregard of the provisions of Rule 4 which stipulates the quota for promotion and direct recruitment. Repeated violent departures from the quota rule will lead to collapse of the quota rule (direct recruit's case-supra) and therefore of the linked seniority rule (B,S. Gupta's case-supra)

i) The principle of weightage in seniority will be limited to promotees appointed against their quota.

ii) As the rules stand at present, the maximum quota for promotees in only 40%. It cannot be raised further by relaxation, as Govt. has no such power.

iii) vacancies not filled in a year-whether in the direct recruitment quota or promotee quota, can be carried over, but all such vacancies have to be filled in the subsequent years by both methods on the basis of the quota mentioned in Rule-4.

iv) Our of the 127 appointments made by the Annexure A1 oder dt. 15.9.93, promotion should be deemed to have been made to the extent of 40% of the vacancies in 1992 which have been computed tentatively at 89 (para 34 supra) subject to departmental verification. They alone are entitled to weightage and seniority on the seniority principles (vii) and (ix).

v) The remaining 39 persons, subject to departmental verification, have been promoted in excess of the promotion quota and they are not entitled to weightage in seniority on the basis of the Annexure A-1 order. Their promotions, shall be treated as adhoc only. They can be treated as regularly promoted against the quota for promotes in 1993 and thereafter. In that case, such promotees can be given weightage from the dates their promotions are regularized.

vi) The Annexure A-1 order shall stand modified to the extent indicated above.



19.4 Bombay CAT (O A No. 1133/94 Judgment dt. 13/11/2000).

Para 28.

The Principal Bench has on the other hand, decided the issues clearly and have

allowed appointments only upto 40% to be given weightage of seniority. Further, it

has not given any weightage in seniority to those promoted in excess of promotion

quota. The ratios f the Supreme Court judgments have to be followed by us and it is

more than clear that executive decisions cannot overwrite the recruitment rules, no

matter what the circumstances under which they are made. Under the circumstances

we respectfully agree with the conclusions arrived at by the Principal Bench of this

tribunal while disposing of OA No. 574/96 on 4/8/1995.



Para 29

In view of the detailed discussions made above this OA is hereby disposed of with

the following orders and directions:-

i) It is held that Railways were not competent to appoint as many persons by promotions as they like, in disregard of the provisions of rule 4 which stipulates the quota for promotion and direct recruitment.

ii) vacancies not filled in a year-whether in the direct recruitment quota or promotee quota-can be filled in the subsequent years, by both methods on the basis of the quota mentioned in Rule 4.

iii) If it is necessary, the seniority list should be revised and finalized based on the above principles.

iv) Above order shall be implemented within a period of 4 months from the date of receipt of a copy of this order.



20.0 In view of the above mentioned judgment of Jabalpur case, the Govt. of India,

Railway Board issued instructions for implementing the said judgment vide Board's notification No. E(GP)/93/1/85 dt, 3/92 and many subsequent letters in the subject, where in the recruitments of departmental officers selected vide Railway Boards notification No.E (GP)92/1/49 dt. 19/2/93, was modified and the additional persons selected against additional one time exception. vacancies were adjusted against the vacancies of years 1992, 93, 94 & 95 etc.

21.0 That a SLP (No. 17364/94 by the Genl.Secy/IRPOF an SLP No. CC 28524 by the Railway Board was filed in the Supreme Court against the judgment of Jabalpur Cat. The Hon'ble Court however dismissed the special leave petitions without going into the merit. Copy of the judgment dt. 20/1/95 is enclosed herewith.

22. Subsequent to this, the Group 'B' promotee officers Federation filed Civil appeal no. 92/1997 in the Supreme Court of India challenging the judgment in the Anil Kumar Sanghi V/s UOI OA No. 574 of 1993 of principal bench, New Delhi in which judgment was delivered on 4/8/95, a case totally identical with same prayer and challenging the same order of Govt. of India, in the case of Ranjan Yadav V./s UOI in Jabalpur CAT OA No. 865 of 1993, judgment of which was delivered on 5/8/94 (for Civil Engg. Deptt) the cases of Manoj Mahajan v/s UOI OA No1133/94 (decided on 13/11/2000) and P.Vishwanathan v/s UOI in Madras CAT No.784/93 decided on 14/2/94.



23. While the Madras CAT upholded the said notification, the Principal Bench at New Delhi (Anil Sanghi v/s UOI) for S&T Deptt. Jabalpur CAT (Ranjan YadavV/s UOI) and Bombay CAT in Manoj Mahajan V/s UOI decided against the notification which directed that Govt., has no power to relax the quota of 40% for promotees and recruitment can not exceed the 40%.



24. The Hon'ble Supreme Court of India in its judgment dt. 23/9/2002 over ruled the judgment given by the Hon'ble Principal Bench and decided as under:-



"The provision for variation of percentage from time to time in case of necessity is for all purposes equivalent to the power of relaxation.



There is no particular reason why the Class-II promotee officers of S&T departments should be treated differently from the same category in Traffic Deptt. The application of such differences standards could very well be avoided by giving a wider meaning to the expression varied from time to time whether it be variation or relaxation, it is meant to provide a leeway for adjustments in exigencies of service which is very much necessary in administrative interests and to cope up with unforeseen contingencies"



25. It, therefore, further said



"Therefore we are of the opinion that no illegality has been committed by the union of India in appointing 127 group B officers of S&T Deptt. of Railways to the Junior Scale of Group 'A' by the impugned order dt. 15/9/92. The Central Administrative tribunal has committed an error of law in interpreting the relevant rule and holding that 38 group B (Class-II officers) promoted in excess of normal quota of 40% have to be promoted on regular basis against future vacancies. The impugned order of the tribunal is therefore set aside and the appeal is allowed. We make no order as to costs"



Grounds:-



1. That keeping in view of large scale stagnation, in the cadre of Gr. 'B' Officers for induction in Gr.'A' on account of various reasons, mentioned therein and also due to certain wrong policies and wrong implementation, the representation of Gr.'B' Officers in Gr.'A' was much below the stipulated quota (40% at that time).



2. That representation of gr.'B' Officers in Junior scale, in Senior Scale (regular) and in overall Gr.'A was much less than the laid down quota meant for Gr.'B' in Gr.'A.



3. That the additional posts were granted to 5 departments ( out of 8 deptts.) keeping in view the excessive stagnation in these departments, after due consultation with the UPSC- who reviewed the status in depth, including the effect of this additional induction on the promotional prospects of Gr.'A' direct recruits. The additional induction was approved only when it was found that the representation of Gr.'B' is very much inadequate and also that it is not going to affect the Gr.'A' much.



4. That an conscious decision was taken, with due consideration in depth, to increase the intake of Gr.'B' officers in Gr.'A'.



5. That it was revealed that the number of Gr.'B' officers working with 8 years services or more in Gr.'B' was 454 as on 1/9/1989 in Civil Engg. Deptt. and 130 in Elect. branch (1110 in all Deptts.) indicating the acute stagnation in the deptts. this necessitating the additional posts for induction in these departments.



6. That against 337 vacancies for Civil Engg. and 73 for Elect. deptts. as additional as recommended by the Railways UPSC approved only 238 and 52 vacancies respectively (654 total for all deptts. recommended and only 463 approved by UPSC).



7. That even today the extent of stagnation is very large in these deptts. which is as under (as on 1/8/06).



...

V Natarajan
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PostPosted: Thu Jan 24, 2008 7:09 am Back to top

As stated in my posting earlier the cadre restructuring done in civil Engineering & accounts department which are different from the cadre restructuring done in other organised services will cause more stagnation of civil Engineers & accounts officers in Gr`B' .

In accounts and Engg departments the ratio between Jr.Scale and Sr.Scale is not in the same pattern as in other six organised services. In all other organised services, the number of Junior scale posts are more than or almost equal to Sr.Scale posts while in civil Engineeering and accounts department Sr.Scale posts are almost double to Jr.Scale posts and since induction to Gr`A' is worked out at 25% of strength of Jr.Scale posts (which should be 50% as per DOPT's instructions), both these departments got very little quota for induction to gr`A' for vacancy years 2007-08 onwards which will cause stagnation of Gr`B' officers in these departments.

Further workcharged posts have not been considered in for the calculations as in gazetted cadre of Engg Department the ratio of workcharged to revenue cadre is 2:1.

For the first time this cadre restructuring has the approval of the cabinet which means for reversing any decisions approval of the cabinet will be necessary.

The situation is going to get worse for civil Engineers as now most of the construction projects will be handled by Project Management Consultants and there is every likelyhood of reduction of workcharged posts and incumbants of the workcharged posts will have to be absorbed into the revenue posts which means more stagnation. Of course there will be some outflow of civil Engineers to private sector which could give some relief but we are likely to loose experienced Engineers. Already there is an outflow of Engineers of S&T into the private sector.

How can mechanical department whose gazetted cadre is far less than the cadre of Engg department get more no of posts for induction to Gr`A'. This is because they have more %age of posts in Jr.Scale.

As already stated as per DOPT
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