MASTER CIRCULAR

Master Circular No. 34

Seniority of Non-Gazetted staff

I. General Principle of Seniority

II. Seniority of staff who seek transfer of their own accord.
III. Transfer on Mutual exchange.
IV. Transfer on mutual exchange of qualified and non-qualified Accounts
Clerk.
V. Transfer in the Administrative interest.
VI. Seniority for promotion as Section Officer (Accounts) Inspectors of Station
or Stores Accounts.
VII. Seniority of Accounts Clerks on promotion as Junior Accounts Assistant in
Accounts Department.
VIII. Seniority of staff appointed against compassionate grounds, sports,
cultural quotas etc.
IX. Seniority of staff working in Survey/Construction Projects and open line.
X. Seniority of medically de-categorised staff.
XI. Seniority of staff who are originally medically decategorised but
subsequently declared fit.
XII. Seniority of staff on promotion – Selection & Non-Selection posts.
XIII. Erroneous Promotions.
XIV. Seniority of staff rendered surplus.
Effect of reduction in pay or grade as measure of penalty on seniority
Permission to railway servants to pursue seniority list.
XV. General.

At present the orders relating to the subject "seniority of non-gazetted

staff" are contained in Chapter-3 of IREM-1989 and various
letters/circulars issued from time to time by the Ministry of Railways
(Railway Board). The question of issuing consolidated instructions on the
subject has been engaging the attention of the Ministry of Railways for
quite some time. They have now decided to issue the consolidated
instructions on the subject of ''Seniority of non-Gazetted staff" in the form
of a Master Circular as below for the information and guidance of all
concerned.

I. General Principle of Seniority:

2 The seniority among the incumbents of a post in a grade, unless

specifically stated otherwise, is governed by the date of appointment to
the grade. The grant of pay higher than initial Pay does not, as a rule,
confer on a railway employee seniority above those who are already
appointed against regular posts.

2.1 The criterion for determination of relative seniority of non-

Gazetted, staff in posts, which are partially filled by promotion and
partially by direct recruitment, should be the date of regular
promotion after due process in the case of a promotee and the date
of joining the working post after due process in the case of a direct
recruit - subject to maintenance of inter–se–seniority of promotees
and direct recruits among themselves. When the dates of entry into
a grade of promoted railway servants and direct recruits are the
same, they should be put in alternate positions, the promotees
being senior to the direct recruits, maintaining inter-se-seniority of
each group.

2.2 Subject to what ahs been stated in paragraphs 2.1, 3, 4, 5 and 6,

when the dates of appointment to the grade are the same, the dates
of entry into the grade next below it shall determine seniority. If
those dates also coincide, then the dates of entry into each of the
lower grades in order down to the lowest grade in the channel of
promotion shall determine seniority. If these dates are also
identical, then the relative date of birth shall determine seniority,
the older person being the senior.

2.3 A Railway employee, once promoted against a vacancy which is

non-fortuitous, should generally be considered senior in that grade
to all others who are subsequently promoted, unless otherwise
specified.

2.5 Staff employed in train passing/train operation duties are to be

absorbed in alternate category not involving train passing and train
operation duties if they fail to pass the periodical refresher course
even in the second attempt. However, they are allowed to
undertake further refresher course at an interval of a minimum
period of six months, and they are reabsorbed in original category
on occurrence of the first vacancy if they pass the refresher course.
In such a case, the employee should lose seniority by the number of
places from his original position equivalent to the number of
persons promoted during the interval between his absorption in an
alternate category and his eventual re-absorption in the original
category. For instance, if an employee holds the 15th position
originally and during his absence in an alternate category, 3
persons have been promoted, he would, on re-absorption in the
original category, rank as 18th in the seniority list.

2.6 The quota fixed for direct recruitment will be relevant only at the
recruitment stage and will have no relevance for fixation of
seniority which will be assigned by application of normal rules.
Where quota fixed for direct recruits in a particular year is not
fulfilled on account of non-availability of candidates, the short fall
 may be made good in the following year without giving
retrospective benefit for purposes of seniority.

2.7 In case the training period of a direct recruit is curtailed in the

exigencies of the service, the date of joining the working post in
case of such a direct recruit, for purpose of seniority, shall be the
date he would have normally come to a working post after
completion of the prescribed period of training.

[E. 53 Col/8/3 dated 21.11.1953,

E. 53/SR 6/21/3 dated 8.3.1954, 2.8.1954, 12.8.1954, 13.8.1954, 24.9.1954,
E(NG)60/SR 6/2 dated 15.9.1960,
E(NG)53/SR 6/7 dated 6.2.1961,
E(NG)60/SR 6/2 dated 16.11.1961,
E(NG)62/SR 6/35 dated 12.3.1963,
E(NG)67/SR 6/35 dated 24.11.1967,
E(NG)I/80/SR 6/4 dated 4.2.1981,
E(NG)I-78 SR 6-42 dated 7.4.1982
and Paras 302 & 314 of IREM, 1989]

3. (a) Candidates who are sent for initial training to training schools will
rank in seniority in the relevant grade in the order of merit obtained at
the examination held at the end of the training period before being
posted against working posts.

(b) In the case of candidates who do not have to undergo any training in
training school, the seniority should be determined on the basis of the
merit order assigned by the Railway Recruitment Board or other
recruiting authority."

[No. E(NG)I/94/SR6/12, dated 24.11.1994]

The seniority of candidates recruited through the Railway Recruitment

Board (previously called Railway Service Commission) or by any other
recruiting agency should be determined as under : -

a. Candidates who are sent for initial training to training institutions

will rank in seniority in the relevant grade based on the order of
merit obtained at the examination held at the end of the training
period before being posted to a working post; and
b. Candidates who do not have to undergo any initial training, the
seniority should be determined on the basis of merit order assigned
to them by the Railway Recruitment Board (previously Railway
Service Commission) or other recruiting agency.

[E(NG)57/SR 6/2 dated 25.4.1957 and Para 303 of IREM-1989]

4. When two or more candidates are declared to be of equal merit at one and
the same examination/selection, their relative seniority is determined by
the date of birth - the older being the senior.
[E56 (Manual/111), Para 304 of IREM-1989).

5. When, however, a candidate whose seniority is to be determined under

para 3 &, 4 above, cannot join duty within a reasonable time after the
receipt of the order of appointment, the appointing authority may
determine the seniority by placing him/her below all the candidates
selected at the same examination/selection who have joined within the
period allowed for reporting to duty or even below the candidates selected
at subsequent examination/selection who have joined before him/her.

(Para 305 of IREM-1989).

6. Candidates selected for appointment at an earlier selection shall be senior

to those selected later, irrespective of the date of posting, except in the
cases coming under para 5 above.

(Para 306 of IREM-1989).

7. Probationary Period

When confirmation follows a specified probationary period, if any, without

break, the date of appointment to the grade is reckoned from the date of
commencement of such probationary period.

(Para 307 of IREM-1989)

7.1 When a probationary period is followed by an extended

probationary period and confirmation follows such extension
without break, the date of appointment to the grade or post, unless
otherwise stated, should be reckoned from a date later than the
commencement of the probationary period, to the extent of the
extension of the probationary period. In cases where probationary
period is not extended and staff are confirmed at the end of such
period the date of appointment to the grade or post will be that on
which the employee was sent to the training school for initial
training or the date of joining the working post whichever is earlier.

8. Departmental Examination/Trade Test.

Where the passing of a departmental examination or trade test has been

prescribed as a condition precedent to the promotion to a particular non-
selection post, the relative seniority of the railway servants passing the
examination/test in their due turn and on the same date or different dates
which are treated as one continuous examination, as the case may be,
shall be determined with reference to their substantive or basic seniority.

(Para 315 - IREM 1989)

8.1 A railway servant who, for reasons beyond his control, is unable to
appear in the examination/ test in his turn alongwith others, shall
be given the examination/ test immediately he is available and if he
 passes the same, he shall be entitled for promotion to the post as if
he had passed the examination/test in his turn.

NOTE: -

1. The expression 'reasons beyond his control' appearing above

should be interpreted to include the following:
i. Sickness of the railway servant supported by the
medical certificate of the authorised medical attendant;
ii. Sickness of the members of a railway servant's family
supported by the medical certificate of the authorised
attendant, so serious that the railway servant could not
be reasonably expected to take the test:
iii. Proved non-receipt of intimation of the examination/
test owing to being on leave or on duty elsewhere than
at the headquarters or for any other reasons
acceptable to the administration; and
iv. Administration not relieving the railway servant for
such examination or test.
2. This will not aply to departmental examination prescribed in
App. 2 & 3 IREM.

(Para 316 IREM 1989)

(Paras 306, 307, 308, 315, and 316 of IREM, 1989).

II. Seniority of staff who seek transfer of their own accord.

9. In cases where a Railway servant is transferred from one Railway to

another on his/her own request, the transferred Railway servant should
be placed below all existing confirmed as well as officiating and temporary
railway servants in the relevant grade in the promotion group in the new
establishment irrespective of his/her date of confirmation or length of
service of officiating or temporary service.

9.1 The above principle is also applicable equally for transfer on

request from one cadre /Division to another cadre/Division on the
same Railway.

9.2 The above principle is not applicable to staff transferred from one
seniority unit to another within the same Railway on mutual
exchange,

9.3 The expression "relevant grade" referred to in para 9 above applies

to grades where there is an element of direct recruitment.

9.4 No such transfer should be allowed in the intermediate grades in

which all posts are filled entirely by promotion of staff from the
lower grades and there is no element of direct recruitment.
[E(54)/SR 6/24/3 dated 16.11.1954,
E. 53/SR 6/21/3 dated 17.11.1954, 8.12.1954,
E. 55/SR 6/6/3 dated 19.5.1955,
E. 55/SR 6/16/3 dated 27.2.1956,
E. 53/SR 6/21/3 dated 22.8.1955,
E(NG)55/SR 6/56 dated 17.10.1956,
E(NG)65 SR 6-31 dated 30.9.1965, 8.12.1965, 29.1.1966, 1.4.1966, 1.12.1966,
E(NG)I/69/SR 6/15 dated 24.6.1969
and E(NG)I/85/SR 6/14 dated 21.1.1986 (RBE 16/1986)]

III. Transfer on Mutual exchange.

10 In the case of mutual exchange, the senior of the two employees will be
given the place of seniority vacated by the other person. The junior will be
allowed to retain his/her former seniority and shall be filled into the
seniority below the persons having the same seniority.

[E(NG)61/SR 6/30 dated 13.11.1961, Para 230 of R.II]

IV. Transfer on mutual exchange of qualified and non-qualified Accounts Clerk.

11. The unqualified clerk will retain the seniority he/ she held in the old office
or will take the seniority of the qualified clerk with whom he/she has
exchanged, whichever is lower.

11.1 The qualified Accounts Clerk will retain the lower of the two
seniorities indicated below : -

a. Seniority he/she held in the old office or the seniority of the

unqualified Clerk with whom he has exchanged in the new
office, whichever is lower; or
b. He/She should be placed below all the qualified clerks Grade-
II in the new Unit (both permanent and temporary).

11.2 Mutual transfer of such employees, who are not on par in the
matter of eligibility for promotion should, as far as possible, be
avoided.

[E(NG)63/SR 6/17 dated 27.9.1963]

V. Transfer in the Administrative interest.

12. Where staff are transferred in the Administrative interest from one
seniority unit to another, their seniority position in the new Unit is to be
 protected. Such transfers are to be made only when they are absolutely
essential.

[E(NG)I-68 SR6/28 dated 25.1.1969]

VI. Seniority for promotion as Section Officer (Accounts) Inspectors of Station or

Stores Accounts:

13. Seniority for promotion to the rank of Section Officer (Accounts) or

Inspector of Station or Stores Accounts should count entirely according to
the date of passing the examination qualifying for promotion to those
ranks. Candidates who pass the examination in a particular year are ipso
facto senior to those who qualify in subsequent years irrespective of their
relative seniority before passing the examination. In the case of staff of
ex-Company Railways who are exempted from passing the examination,
the date on which they are declared fit for promotion to the rank of
Section Officer (Accounts) or Inspectors should be considered as the date
of their passing. On receipt of the result of above examination each
railway administration should immediately hold a selection test of the
candidates declared successful along with any eligible ex-Company or ex-
State Railway staff, who may be asked to appear before the selection
board in accordance with the procedure laid down by the Railway Board
from time to time. While the selection board will determine in the case of
the ex-Company or ex-State Railway staff, their suitability for promotion
as Section Officer (Accounts)/ Inspector before placing them on the panel,
no candidate who has qualified in the said examination will be declared
ineligible for promotion as a Section Officer (Accounts)/ Inspector, the
selection board only assigning a suitable place to each such candidate in
the order of merit. The staff placed on the panel in any year will rank
senior to those empanelled in subsequent years.

13.1 Directly recruited Section Officer (Accounts)/Cost Accountants and

Inspectors of Station Accounts, if any, should be assigned a position
on the proforma panel of these categories as soon as they are given
charge of working posts after completion of the prescribed training.
They should be placed below the last man officiating against a non-
fortuitous vacancy in these categories of a Section Officer
(Accounts). In case more than one direct recruit has to be assigned
a position, their inter-se-seniority should be with reference to the
position assigned to them by the Railway Recruitment Board. They
will retain their seniority thus allotted subject to their passing
Appendix-3 (IREM) examination within the prescribed period,
except in the case of Cost Accountant who are not required to pass
such an examination. In the event of any directly recruited Section
Officer (Accounts) not passing the examination within the
prescribed period, he is liable to be discharged. In case, however, a
further chance is given, the question of his retaining his original
seniority will be considered on the merit of each case. Such cases
should be referred to the Railway Board for decision.
(Para 317 IREM-1989).

VII. Seniority of Accounts Clerks on promotion as Junior Accounts Assistant in

Accounts Department.

14. The seniority of Junior Accounts Assistant is to be determined with reference

to the date of promotion of a promotee and with reference to date of
appointment of a direct recruit; directly recruited Junior Accounts Assistants,
passing Appendix-2 (IREM) Examination within extended period of probation
losing seniority to other persons of his/her batch but not to promotees.

[E(NG)I/65/SR 6/26 dated 23.8.1965,

E(NG)I/ 69/PM 1/20 dated 25.7.1969,
E(NG)I/78/ PM 1/304 dated 5.1.1979,
PC-III/78/UPG/8 dt.16.05.1980
and Para 318 IREM-1989]

VIII. Seniority of staff appointed against compassionate grounds, sports, cultural

quotas etc.

15. Seniority of such staff, will be reckoned from the date of their regular
appointment in service.

15.1 When screened and absorbed in regular posts, substitutes and

casual labour will count their seniority from the date of regular
absorption.

15.2 For the purpose of screening, however, their seniority will count on
the basis of total number of days put in by them as casual labour.

[E(NG)II/83/CL/SC/9 dated 7.5.1983,

E(NG)I/69/SR 6/25 dated 1.11.1969
and E(NG)I/80/SR 6/21 dated 5/8.7.1980]

IX. Seniority of staff working in Survey/Construction Projects and open line.

16. There should be a combined cadre comprising the staff in the open line as
well as in the Survey and Construction Projects to ensure that there is no
disparity in the prospects of promotion between the open line staff and
Construction staff. There is, however, no objection to allow to the staff in
Survey & Construction Projects, promotions to one grade higher than on
the open line in the exigencies of work. This benefit shall not be taken into
consideration for any purpose including eligibility for selection to Group 'B'
posts.
 16.1 In merging the cadre, the staff in Survey & Construction shall be
assigned seniority which they would have got on open line but for
working in Survey & Construction Project.

16.2 The above benefits are not applicable to local recruits appointed on
the Survey & Construction Projects without the agency of Railway
Recruitment Board (previously Railway Service Commission).

The inter-se-seniority of locally recruited staff as in the Survey &

Construction Projects may be maintained in the absorbing
department irrespective of the date of their physical absorption
provided: -

a. They had been found suitable after prescribed screening for

absorption; and
b. There has been no specific selection at which their earlier
seniority has been disturbed.

16.3 In cases, however, where the staff continued to serve in the Survey
& Construction Projects at their own request, this benefit would not
be admissible.

[E(NG)65/RE 1/8 dated 15.4.1965,

E(NG)63/RE 1/32 dated 20.12.1965,
E(NG)I-70/SR 6/43 dated 13.3.1972 & 17.8.1972
and E(NG)I/72/RE 1/41 dated 27.11.1973]

X. Seniority of medically de-categorised staff.

17. The medically de-categorised staff absorbed in alternative post, whether

in the same or other cadres, should be allowed seniority in the grade of
absorption with reference to the length of service rendered in the
equivalent or corresponding grade, irrespective of the rate of pay fixed in
the grade of absorption. The staff who are in grade higher than the grade
of absorption at the time of medical decategorisation total service in the
equivalent and higher grade is to be taken into account. This is subject to
the proviso that if a medically decategorised employee happens to be
absorbed in the cadre, from which he/she was originally promoted,
he/she will not be placed above his/her erstwhile seniors in the grade of
absorption.

17.1 While absorbing the medically decategorised running staff in

alternative posts, a percentage of basic pay representing the pay
element in running allowance, as decided by the Government
through administrative instructions from time to time, should be
added to the minimum as well as maximum of the scale of pay for
purposes of identifying 'equivalent' posts and their seniority should
then be fixed in the equivalent absorbing posts.
17.2 In the case of staff who are not required to undergo periodical
medical examination but who on their own accord request for
change of category on grounds of health and are recommended
change of occupation by the medical authority, their change will be
treated as transfer on own request and dealt with as per para 9.

17.3 Staff, who come on transfer to another unit accepting bottom

seniority and later got medically decategorised, will get the benefit
of only the service in the new unit for determination of seniority
after de-categorisation.

17.4 Sometimes due to vacancies not being available in equivalent

grades, a medically decategorised employee has to be offered
absorption in lower grade. In some cases such employees refuse
lower grade in the hope of vacancies in the higher grades
materialising. It is open to such staff to accept appointment in
lower grade with the request that if a vacancy in a grade equivalent
to what he had held before decategorisation occurs in the same
cadre, he should be considered eligible for the same in preference
to a junior medically decategorised employee. While the employee
could be expected to put in an application when this contingency
happens, it is also necessary for the administration suo moto, when
considering a subsequently decategorised employee for absorption
in a cadre, to look into cases where senior decategorised employees
might have been absorbed in lower grades in the same cadre during
previous three years and initiate a review (Cases decided before
11/4/1975 need not be reopened unless there are very exceptional
circumstances).

17.5 As a result of the review referred to in para 17.4 above, the junior
employee already absorbed and working in a higher grade should
not be displaced to make room for the senior. The senior may be
promoted against the next vacancy arising in the grade and relative
seniority in the grade refixed taking into account the position
before medical decategorisation.

17.6 When a junior has already been absorbed in an equivalent grade

but a senior gets medically decategorised during the next three
year period and has necessarily to be absorbed in the same cadre as
the junior employee, but no vacancy in a similar grade is available
he/she may be provisionally absorbed in a lower grade with the
understanding that the next vacancy occurring in the higher grade
would be given to him/her. On such a vacancy occurring and
his/her being posted therein, seniority should be recasted as
referred to in para 17.5 above.

17.7 There may be cases, where a senior employee was absorbed in a

grade taking info account his/her position before decategorisation
and a junior got promoted subsequently to a higher grade but
ultimately gets medically decategorised and becomes eligible for
alternative employment in a higher grade. It is not the intention
 that such cases, which happened because of the efflux of time,
should be reviewed.

17.8 Medically unfitted direct recruits offered alternative employment

should be placed at the bottom of the existing panel of the new
category but should take precedence over candidates who are
offered appointment in that category from subsequent panels.

[E. 55/SR 6/15/3 dated 22.10.1956,

E(NG)56 SR 6-15 dated 14.3.1957,
E(NG)63 SR 6-31 dated 26.8.1964,
E(NG)I/68/SR 6/32 dated 26.10.1971,
E(NG)II-73 RE 3/16 dated 11.4.1975,
E(NG)I-76 SR6/37 dated 18.9.1976,
E(NG)I-71 SR 6/39 dated 31.5.1977,
E(NG)I-78 SR 6/6 dated 11.1.1979,
E(NG)II/77/RE 3/2 dated 2.9.1977,
E(NG)I/80/SR 6/83 dated 5.3.1981,
Para 313 (a) (iii) and Para 313 (b) of IREM 1989).

XI. Seniority of staff who are originally medically decategorised but subsequently
declared fit.

18. Employees who properly appeal within the time limit laid down for appeal
or whose appeal is entertained in a reasonable period within the time limit
and get declared fit should not lose their seniority or their claims for
consideration for promotion in the original category.

18.1 In regard to other employees, whether they are those who

preferred delayed appeals and are declared fit or such as those who
took treatment and consequently declared fit, while they should be
permitted to be reposted to their original category, their seniority, if
they were formerly confirmed or deemed to be confirmed in their
grades in which they were, would be affected to the extent of any
employee who may have been confirmed or deemed to be have
been confirmed before their re-absorption into the original
category. If, however, they are only officiating in the original
category, their seniority, on restoration, should be below the staff
confirmed till then but need not be affected vis-à-vis their original
juniors who happen to be still officiating.

[E(NG)55/SR 6/15 dated 30.6.1959, 25.8.1959

and E(NG)64 SR 6/31 dated 18.3.1964]

XII. Seniority of staff on promotion – Selection & Non-Selection posts.

19. In the cas of selection posts, employees selected for empanelment should
be arranged in the order of their seniority, but those classified as
outstanding will be placed at the higher positions in the panel, as would be
admissible to them by way of superseding not more than 50% of the
number of their seniors in the field of eligibility.

19.1 (a) Promotion to non-selection posts shall be on the basis of

seniority-cum-suitability, suitability being judged by the
authority competent to fill the post, by oral and/of written test or
a departmental examination or a trade test or by scrutiny of
record of service as considered necessary. The only exception to
this would be in cases where for administrative convenience,
which should be recorded in writing, the competent authority
considers it necessary to appoint a railway servant other than
the senior-most suitable railway servant to officiate purely in ad
hoc capacity in a short term vacancy not exceeding two months
as a rule and four months in any case. This will, however, not
give the junior railway servant any advantage not otherwise due
to him and will not confer him any right to continue in that post
in preference to his seniors who are found suitable. A railway
servant, once promoted in his turn after being found suitable
against a vacancy which is non-fortuitous, should be considered
as senior in that grade to all others who are subsequently
promoted after being found suitable.

(b) An employee who qualifies in an earlier test and gets promoted

in a non-fortuitous vacancy but reverts to the lower grade before
a subsequent test is held, will rank senior to all others who
qualify in the subsequent test. Those who have either officiated
in fortuitous vacancies or did not officiate at all, will not be given
any protection for seniority on subsequent promotion.

19.2 An employee who could not appear for selection/suitability test on

account of reasons beyond his/her control, such as, sickness, non-
receipt of information in time, etc., he/she should be given a
supplementary selection/test within a reasonable period and being
found suitable he/she should be assigned proforma seniority
position vis-à-vis his/her juniors promoted earlier.

19.3 In case an employee lower in the panel has officiated whereas one
higher has not officiated for reasons beyond his/her control, such
as sickness, non-release by the Administration in time etc. the later
employee will not lose his/her seniority. However, if the senior
employee had not officiated for his own reason, then he/she will
not be entitled for protection of his/her seniority.

19.4 An employee who could not be considered for selection/suitability

test on account of his/her being away on deputation abroad, on
return if it is found that a junior to him/her has been promoted on
the basis of a selection/suitability test in which he/she was not
called for, he/she may be considered in the next
 selection/suitability test and if selected, his/her seniority may be
adjusted vis-à-vis his/her juniors in the previous panel.

19.4. In the case of a selection post, if an employee as referred to above,

is classified as 'outstanding' he/she should be interpolated in the
previous panel in accordance with the seniority and gradation in the
subsequent selection.

19.5 Effect of refusal of promotion: -

a. Selection Posts: - The employee refusing promotion expressly

or otherwise is debarred for further promotion for one year
but he is allowed to be retained at the same station on the
same post for one year. If the employee again refuses the
promotion, his name will be deleted from the panel. He will
have to appear again in the selection notwithstanding the
fact that he in the mean time has officiated non-fortuitously
against short term vacancy based on his panel position.
Seniority will be assigned as from the date of effect of
promotion and he will be junior to all the persons promoted
earlier to him from the same panel irrespective of his panel
position. He will, however, not lose seniority to another
employee promoted to the same promotion category during
the one year of penalty as a result of fresh selection
subsequently held.
b. Non-selection post: Such an employee should be debarred for
promotion for one year but not transferred away from the
station for one year if unavoidable domestic reasons exist. He
should be further debarred for promotion for one year if he
refuses promotion again. On refusal of promotion for the
second attempt, the administration can, transfer him to out
station in the same grade and the employee has to appear for
a suitability test when his turn for promotion comes. He will
rank junior to all the employees promoted during the period
he was allowed to refuse promotion irrespective of his
relative seniority. He will not, however, lose seniority to
another employee promoted to the same category during one
year period of penalty as a result of fresh suitability test
subsequently held.

19.6 Administration can entertain request from employees for

postponement of promotion for very short periods on account of
great domestic difficulties or other humanitarian considerations.
The employee concerned will be promoted after the period provided
there is a vacancy and he will take his seniority from the date of
promotion.

19.7 In case of Section Officer (Accounts) Inspector of Station/Stores

Accounts who refuse promotion their panel position is maintained
for that particular year i.e. they do not lose seniority.
[E. 54/PM 1/19/3 dated 4.4.1955,
E(NG)62/PM 1/91 dated 9.8.1965,
E(NG)I/72/PM1/211 dated 14.12.1972,
E(NG)I/76/PM1/168 dated 3.9.1976,
E(NG)I/76/PM1/142 dated 25.7.1979, 27/30.10.1979,
E(NG)I/77/PM1/269 dated 3.5.1980
and E(NG)I/80/PM1/188 dated 31.12.1980]

XIII. Erroneous Promotions:

20. Sometimes due to Administrative error, staff 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.

20.1 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.

20.2 The orders of notification, promotion or appointment of a Railway

employee in a substantive or officiating capacity to a post is latter
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
on appointment, following the procedure stipulated for the same.

20.3 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.

20.4 Any consequential promotions/appointments made as a result of

the erroneous promotion will also be required to be regulated on
the lines indicated above.

[E(NG)63/PM 1/43 dated 6.9.1963

and E(NG)63/PM 1/92 dated 15/17.9.1964]

XIV. Seniority of staff rendered surplus.

 21. When redeploying the surplus staff to other units/departments, which
constitute a different seniority unit, the following methods could be
adopted: -

i. If only a small number of staff are being rendered surplus and they
have to be transferred to various Units of other departments against
vacancies of duly sanctioned posts, they can be suitably adjusted in
these Units with their full seniority and merging their seniority in
the respective Units;
ii. When a large number of staff are being transferred to new units
that are being set up, they should be given their full seniority. No
minimum educational qualifications should be prescribed. It should
be sufficient if they pass the re-training/ conversion training tests
at the end of their training, subject of course their medical fitness;
iii. Whenever a large number of staff have to be transferred to existing
unit against vacancies or additional sanctioned posts, the views of
the Unions may be taken as to whether the seniority of the staff
being shifted should be kept separate against the "special
supernumerary" posts, so that their promotional prospects are kept
separate and identical to what they would have achieved in the old
Unit and it does not jeopardise the prospects of the staff in the units
in which they are being inducted. In such cases, the application of
percentage distribution of posts would be separate for the existing
cadre posts and the surplus staff who have been brought into the
cadre, the later being controlled by the percentage as applicable in
their previous cadre. However, as and when there is wastage
through retirement, promotion etc., in the seniority unit of shifted
staff charged against "Special supernumerary" posts in the direct
recruitment grades, the direct recruitment quota of the same should
be merged with the existing cadre seniority of that unit, i.e. the unit
to which they had been redeployed on being surplus

21.1 In cases, where the seniority of surplus staff is maintained

separately, there could be cases where the few staff, who are left
behind in the old seniority unit continue to get their promotion as
per their seniority alongwith the other staff transferred to the new
unit. To this extent it may happen that in some cases, where the
number of higher grade posts may have to be operated in excess of
the percentage laid down to avoid transferring the staff left behind.
However, it should be ensured that the total number of posts in
each grade of the old unit, taking into account those both left being
and transferred to the new Units, should not exceed the original
sanction.

[E(NG)II/84/RE 1/10 dated 21.4.1989 (RBE 106/1989)]

22. Effect of reduction in pay or grade as measure of penalty on seniority:

i. Reduction to a lower stage in the time-scale. Reduction in pay, as

distinct from reduction from a higher grade or class to a lower grade
 or class, does not affect a railway servants' position on the seniority
list. The authority ordering reduction should invariably state the
period for which it shall be effective and whether, on restoration,
the period of reduction shall operate to postpone his future
increments and, if so, to what extent.
ii. Reduction to a lower service, grade or post, or to a lower time-scale.
a. Where the the order imposing penalty for reduction doesn't
specify the period of reduction and there is coupled with it an
order declaring the railway servant permanently unfit for
promotion, the question of re-promotion or determination of
seniority will obviously hot arise.
b. Where the period of reduction is not specified in the order
imposing the penalty of reduction, the railway servant should
be deemed to be reduced for an indefinite period, i.e. till such
date as, on the basis of his performance subsequent to the
order of reduction, he may be considered fit for promotion.
On re-promotion, the seniority of such a railway servant
should be determined by the date of re-promotion. In all such
cases, the person loses his original seniority in the higher
service, grade or post in entirety. On re-promotion, the
seniority of such a railway servant should be determined by
the date of re-promotion without regard to the service
rendered by him in such service, grade or post prior to his
reduction.
c. In cases where the penalty of reduction to a lower service,
grade or post or lower time scale is for a specified period, the
employee concerned should be re-promoted automatically to
the post from which he was reduced. The seniority in the
original service, grade or post or time scale should be fixed in
such cases as follows: -
i. In cases where the reduction is not to operate to
postpone future increments, the seniority of the
railway servant should be fixed in the higher service,
grade or post or the higher time scale at which it would
have been but for his reduction.
ii. Where the reduction is to operate to postpone future
increments, the seniority of the railway servant should
be fixed by giving credit for the period of service
rendered by him in the higher service, grade or post in
higher time-scale prior to his reduction.
d. When a railway servant is reduced from a higher grade, or
class to a lower grade, whether for a specified period or
indefinitely, his seniority in the lower grade shall be fixed
with reference in his position which he would have been
entitled to but for his promotion to the higher grade or class
from which he is reduced.

(Para 322 of IREM 1989).

23. Permission to railway servants to pursue seniority list:

 a. Railway servants may be permitted to see the seniority lists in
which their names are placed, or if this cannot conveniently be
arranged, they may be informed, on request, of their place on the
seniority list.
b. Staff concerned may be allowed to represent about the assignment
of their seniority position within a period of one year after the
publishing of the seniority list. No cases for revision in seniority lists
should be entertained beyond this period.

(Para 321 IREM 1989).

XV. General:

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 of the instructions issued so far 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 effect from the date of issue unless specifically indicated
otherwise in the concerned circular. For dealing with old cases, the
instructions in force 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 original letters

1. No. E. 53 Col/8/3 dated 21.11.1953

2. No. E. 53/SR 6/21/3 dated 8.3.1954
3. No. E. 54/SR 6/21/3 dated 2.8.1954
4. No. E. 54/SR 6/21/3 dated 12.8.1954
5. No. E. 54/SR 6/21/3 dated 13.8.1954
6. No. E. 54/SR 6/21/3 dated 24.9.1954
7. No. E(54)/SR 6/24/3 dated 16.11.1954
8. No. E. 53/SR 6/21/3 dated 17.11.1954
9. No. E. 53/SR 6/21/3 dated 8.12.1954
10.No. E. 55/SR 6/6/3 dated 19.5.1955
11.No. E. 53/SR 6/21/3 dated 22.8.1955
12.No. E. 54/PM 1/19/3 dated 4.4.1955
13.No. E. 55/SR 6/16/3 dated 27.2.1956
14.No. E(NG)56/PM1/36 dated 6.9.1956
15.No. E(NG)55/SR 6/56 dated 17.10.1956
16.No. E. 55/SR 6/15/3 dated 22.10.1956
17.No. E. 55/SR 6/15/3 dated 18.11.1956
18.No. E(NG)56 SR 6-15 dated 14.3.1957
19.No. E(NG)57/SR 6/2 dated 25.4.1957
20.No. E(NG)57/RE 1/17 dated 2.11.1957
21.No. E(NG)55/SR 6/15 dated 30.6.1959
22.No. E(NG)55/SR 6/15 dated 25.8.1959
23.No. E(NG)56/PM1/36 dated 22.1.1960
24.No. E(NG)60/SR 6/2 dated 15.9.1960
25.No. E(NG)57/RE 1/17 dated 13.1.1961
26.No. E(NG)53/SR 6/7 dated 6.2.1961
27.No. E(NG)59/SR 6/3 dated 24.8.1961
28.No. E(NG)59/SR 6/3 dated 9.9.1961
29.No. E(NG)I/61/PM 1/5 dated 28.9.1961
30.No. E(NG)59/SR 6/3 dated 9.10.1961
31.No. E(NG)64/SR 6/16 dated 31.10.1961
32.No. E(NG)61/SR 6/30 dated 13.11.1961
33.No. E(NG)60/SR 6/2 dated 16.11.1961
34.No. E(NG)62/PM 1/42 dated 30.11.1962
35.No. E(NG)62/SR 6/35 dated 12.3.1963
36.No. E(NG)63/PM 1/9 dated 23.3.1963
37.No. E(NG)63/PM 1/43 dated 6.9.1963
38.No. E(NG)63/SR 6/17 dated 27.9.1963
39.No. E(NG)64 SR 6/31 dated 18.3.1964
40.No. E(NG)63 SR 6-31 dated 26.8.1964
41.No. E(NG)63/PM 1/92 dated 15/17.9.1964
42.No. E(NG)65/RE 1/8 dated 15.4.1965
43.No. E(NG)64/PM 1/66 dated 21.7.1965
44.No. E(NG)62/PM 1/91 dated 9.8.1965
45.No. E(NG)I/65/SR 6/26 dated 23.8.1965
46.No. E(NG)65 SR 6-31 dated 30.9.1965
47.No. E(NG)65 SR 6-31 dated 8.12.1965
48.No. E(NG)63/RE 1/32 dated 20.12.1965
49.No. E(NG)65 SR 6-31 dated 29.1.1966
50.No. E(NG)65 SR 6-31 dated 1.4.1966
51.No. E(NG)64/PM 1/66 dated 14.10.1966
52.No. E(NG)I/65/SR 6/31 dated 1.12.1966
53.No. E(NG)67/SR 6/35 dated 24.11.1967
54.No. E(NG)I-68 SR6/28 dated 25.1.1969
55.No. E(NG)64/PM1/66 dated 4.5.1969
56.No. E(NG)I/69/SR 6/15 dated 24.6.1969
57.No. E(NG)I/69/SR 6/25 dated 1.11.1969
58.No. E(NG)I/68/SR 6/32 dated 26.10.1971
59.No. E(NG)I-70/SR 6/43 dated 13.3.1972
60.No. E(NG)I/70/SR 6/43 dated 17.8.1972
61.No. E(NG)I/72/PM1/211 dated 14.12.1972
62.No. E(NG)I/72/RE 1/41 dated 27.11.1973
63.No. E(NG)I/73/PM1/120 dated 2.2.1974
64.No. E(NG)I/73/PM1/120 dated 4.9.1974
65.No. E(NG)I/74/RE 1/2 dated 1.2.1975
66.No. E(NG)I/73/RE 1/2 dated 1.2.1975
67.No. E(NG)II-73 RE 3/16 dated 11.4.1975
68.No. E(NG)I/74/RE 1/2 dated 14.7.1976
69.No. E(NG)I/76/PM1/168 dated 3.9.1976
70.No. E(NG)I-76 SR 6/37 dated 18.9.1976
71.No. E(NG)I/76/SR 6/18 dated 31.5.1977
72.No. E(NG)I-71 SR 6/39 dated 31.5.1977
73.No. E(NG)II/74/RE 1/2 dated 15.12.1977
74.No. E(NG)I-78 SR 6/6 dated 11.1.1979
75.No. E(NG)I/76/PM1/142 dated 25.7.1979
76.No. E(NG)I/76/PM1/142 dated 27/30.10.1979
77.No. E(NG)I/77/PM1/269 dated 3.5.1980
78.No. E(NG)I/80/SR 6/21 dated 5/8.7.1980
79.No. E(NG)I/80/PM1/133 dated 5.7.1980
80.No. E(NG)I/80/PM1/188 dated 31.12.1980
81.No. E(NG)I/79/PM1/147 dated 31.1.1981
82.No. E(NG)I/80/SR 6/4 dated 4.2.1981
83.No. E(NG)I/80/SR 6/107 dated 3.11.1981
84.No. E(NG)II/81/RE1/5 dated 15.1.1982
85.No. E(NG)I/82/SR 6/1 dated 18.1.1982
86.No. E(NG)I-78 SR 6-42 dated 7.4.1982
87.No. E(NG)II/84/RE 1/10 dated 26.10.1984
88.No. E(NG)II/84/RE1/10 dated 9.4.1985 (RBE 101/1985)
89.No. E(NG)I/85/SR 6/14 dated 21.1.1986 (RBE 16/1986)
90.No. E(NG)II/84/RE1/10 dated 31.3.1987 (RBE 78/1987)
91.No. E(NG)II/84/RE 1/10 dated 21.4.1989 (RBE 106/1989)
92.No. E(NG)I/88/PM1/6 dated 19.12.1989 (RBE 311/1989)
Supplementary Circulars and Subsequent Orders

Supplementary Circular No. 1 - Revision of Para 3 - No. E(NG)I/94/SR6/12 dated

24.11.1994 (RBE 107/1994).