Seniority of railway recruits fixed by aggregate marks from component training exams, not single comprehensive exam or recruitment merit, treating panel as one batch despite staggered training due to administrative reasons (28 words).

ORDER 

PER: HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER

1. The applicants in these OAs were recruited as Assistant Loco Pilots vide RRB notification No.01/2011 and the recruitment of this notification was finalised in 2013 for about 600/700 candidates. These applicants were appointed to work in Guntakal Division of South Central Railway and were sent for initial training in different batches for Technical and General & Subsidiary Rules (G&SR) based on the RRB merit list where the names of the selected candidates were placed in descending order of merit. The applicants were trained together in the same batch in DTTC, Guntakal for Technical training covering the period from 15.04.2013 to 27.06.2013 and for General & Subsidiary Rules (G&SR) training was imparted in Zonal Railway Training Institute, Moulali, Hyderabad from 18.07.2013 to 16.08.2013. Though all the selected candidates of the RRB batch of 2013 allotted to Guntakal division were not trained at a time but were trained at different points of time in different batches, the respondent Railway division issued a seniority list dated 17.04.2015 placing the names of the applicants below the names f the candidates who were trained subsequent to them based on the marks secured in one component of the training i.e. General & Subsidiary Rules (G&SR) course. The contention of the applicants is that the seniority of the Assistant Loco Pilots is governed by the provision at Para 303(a) of IREM, Vol.I. But in their case, the respondents have not conducted any exam at the end of the training covering all the components of the training except one component i.e. Technical and General & Subsidiary Rules course, fixed the seniority of the employees who were trained in different batches based on such marks. This method as followed by the Railways is not supported by any rule. The applicants have made representations brining out the facts that neither the RRB merit was followed nor the instructions as given in para 303(a) of IREM, Vol.I in preparing the seniority list and also their date of appointment was considered while fixing the seniority. Without answering the representation of the applicants, the respondent-division issued a select list on 04.11.2015 for promotion to the post of Senior Assistant Loco Pilot. Presently all the applicants are working as Senior Assistant Loco Pilots in Guntakal Divison of South Central Railway. The select list was prepared which contains 448 names comprising the seniors to the applicant up to Sl.No.115 and also the RRB batch of the applicants from Sl.No.116 to 448. Due to not following the existing rules in the select list, number of employees’ names have come up on the top of the applicants between Sl.No.116 to 448 while the 9 applicants whose names are enlisted at Sl.No.238, 344, 365, 368, 387, 389, 390, 404 and 407 in the select list. In the select list, only these 9 applicants’ names are enlisted while other applicants’ names did not come up within the zone of consideration for want of vacancies as their names are far below in the seniority list. The applicants are bringing out the fact that advantage of seniority is given to several employees resulting in their names being placed above the applicants in the seniority list of 04.11.2015 for want of two year residency in the grade of Assistant Loco Pilot, such employees could not have been given promotion vide order dated 06.11.2015, while the applicants by virtue of their completing two years residency period in the feeder cadre getting their promotion. The names of the applicants No.14, 7, 13, 17, 3