SOUTH EAST CENTRAL RAILWAY Headquarters Office Personnel Department Bilaspur (CG), 495 004 Dated 17.03.

2008

No. P-HQ/Ruling/Reservation/27/8479 Estt Rule No 29/2008 To All concerned

Sub:- Principles for determining the seniority of staff belonging to SC/ST promoted earlier vis-avis, General/OBC staff promoted later. A copy of Railway Boards letter No. E(NG)I-97/SR 6/3 Vol. IV dated 29.02.2008 (RBE No. 29/2008) is published for information, guidance and necessary action. Boards letter No. E(NG)I-97/SR6/3(Vol. III) dated 08.03.2002, No. E(NG)I-97/SR6/3(Vol. IV) dated 13.01.2005 and Ministry's letter of even number dated 21.11.2002 were published as Estt Srl./Rule Nos. 37/02, 35/05 & 17/03 (SER) respectively. Encls.- As above . (Hindi version will follow). (T. Lakra) Sr. Personnel Officer (RRT) For Chief Personnel Officer Copy of Railway Boards letter No E(NG)I-97/SR 6/3 Vol. IV dated 29.02.2008 (RBE No. 29/2008) addressed to the GM/SECR. Sub:- Principles for determining the seniority of staff belonging to SC/ST promoted earlier vis-avis, General/OBC staff promoted later. Ref:(i) Board's letter No.E(NG)I-97/SR6/3(Vol. III) dated 08.03.2002. (ii) Board's letter No. E(NG)I-97/SR6/3(Vol. IV) dated 13.01.2005. The Railways are aware that in pursuance of the Constitution (85 th) Amendment Act2001, instructions were issued vide this Ministry's letter dated 8.03.2002 quoted above that w.e.f. 17.06.95 SC/ST Railway servants shall on their promotion by virtue of rule of reservation/roster, be entitled to consequential seniority also. These instructions were, however, reiterated vide this Ministry's letter of even number dated 21.11.2002 for implementation subject to final outcome of the Writ Petitions pending before the Hon'ble Supreme Court. The Railways would also be aware that while disposing off the aforesaid Writ Petitions the Hon'ble Supreme Court in their order dated 19.10.2006 in the case of M. Nagraj & Ors. V/s UOI & Ors have, inter-alia, upheld the validity of Constitution (85th) Amendment Act, 2001. So far as other issues discussed in Apex Court's judgment, relevant clarifications have since been issued by DOP&T vide their O.M. No.36036/2/2007-Estt.(Res.) dated 29.03.2007 and circulated vide this Ministry's letter No. 97-E(SCT)I/49/25 dated 29.05.2007. Thus, in the light of the Hon'ble Supreme Court's order dated 19.10.2006, the seniority of the SC/ST Railway Servants promoted by virtue of rule of reservation/roster shall be regulated in terms of instructions contained in Board's letters dated 08.03.2002 and 13.01.2005 referred to above. Sd/-(D.V.Rao) Joint Director, Estt.(N) Railway Board