ORDER

Per: A.Mukhopadhaya, Member (A):

The brief facts relating to this Original Application, (OA), are that the applicants, who were holding the posts of Clerk and Senior Clerk in the respondent Railways, were selected for the post of Office Superintendent – Grade II, (OS Grade-II), through a Limited Departmental Competitive Examination, (LDCE), pursuant to a restructuring of certain Group ‘C’ & ‘D’ cadres by the respondent Railways; (Annexure A/3 refers). The applicants aver that at the time of the introduction of the restructuring scheme itself, a quota of 80% was set for non-LDCE promotions from the lower grade of Rs.5000-8000 to OS Grade-II in the pay (3)

scale of Rs.5500-9000. The remaining posts, (i.e. 20%), were to be filled by direct recruitment. Subsequently vide RBE No.05/2004 dated 06.01.2004, (Annexure A/4 para 3 refers), it was decided that this restructuring of cadres would be with reference to the sanctioned cadre strength as on 01.11.2003 and the staff who were placed in a higher grade as a result of implementation of these orders would draw pay in the higher/restructured grades with effect from 01.11.2003. Thereafter, Circular No.E(NG)I-2005/PM1/20 dated 20.02.2006,