Restoration of seniority under IREM Rules 315/316 is confined to the cadre where a trade test is a prerequisite; it cannot be extended to higher promotional cadres to unsettle settled seniority of staff who were substantively promoted earlier, particularly when the claim is barred by significant delay.

O R D E R

PER: DR. SANJIV KUMAR, MEMBER (A)

This Original Application is filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:

“a) Quash the order bearing File No: SWR UBL-PERS(PERS)/69/2020-O/0 CHOS/ MECH/ PER/UBL/SWR, dated 27.09.2021, Annexure-A15, passed by Senior Divisional Personnel Officer, Personnel Department, O/o DRM, SWR, Hubballi Railway Division, R-3 herein.

CONSEQUENTLY

b) By allowing the prayer of the applicant for his promotion to the grade of Office Superintendent (Level 6) from the grade of Senior Clerk on par with his immediate junior Smt.Reslee Ambadipudi's date of promotion from the grade of Junior Clerk to the Senior Clerk and from the grade of Senior Clerk to the Office Superintendent (Level 6) on the basis of declaration of results of suitability test vide memorandum dated 06.07.2017 Ann-A5, direct the respondents to extend the benefit of these promotions and other service benefits along with consequential monetary benefits accruing thereof within a prescribed time limit period as deemed fit by this Hon'ble Tribunal in the facts and circumstances of the case.

c) Pass any other order or direction that this Hon'ble Tribunal may deem it fit and necessary in the facts and circumstances of the present case and in the interest of justice and equity.”

2. The reliefs are claimed based on the following grounds:

“5.1 After issuance of the impugned order dated 27.09.2021 Ann-A15 applicant did make a representation addressed to GM SWR Hubballi to settle his grievance in the matter at the administration level on 26.10.2021. This representation is produced for reference purpose as ANNEXURE-A16 in this OA. There is no response from the administration until this day in redressing the grievance of the applicant in respect of the subject matter of this instant OA. Hence applicant having exhausted all other remedies in the matter has maintained this OA praying for judicial determination in the matter.

5.2 In fact, in a similar case SWR Hubballi in case of one Smt.Rashmi Ethiraj Senior Clerk has extended the service benefits on par with her immediate junior. For ready reference, the order dated 27.09.2021 relating to this official is produced as ANNEXURE-A17.

5.2 Under instructions dated 07.04.2000 issued by Railway Board vide RBE 66/2000 relating to 'possession of typing qualification for Gr. 'C' posts in the Ministerial cadre' (extracted in para 4.7 above), passing of typewriting dest by 2 years from the date of promotion is the requirement. Further Rule 315 & 316 of IREM Vol.I (extracted in para 4.8 above) makes it clear that determination of the promotion is with reference to the substantive basic grade seniority regardless of the different dates of passing of the required test and a Railway servant who for his reason beyond his control when unable to appear in the examination/test in his turn along with others is entitled to be given the immediate opportunity after his becoming available from his absence. In the instant case admittedly, applicant did not qualify the typing skill test held on 24.07.2015 and 20.06.2017 with absenteeism on the date of second test in between held on 22.06.2016. Therefore, it is submitted that by 22.06.2016 applicant only availed his entitled two chances out of three chances as per RBE 66/2000 referred to above and as on the date of passing of his suitability test declaration viz., 06.07.2017 vide Ann-A5 for his promotion to the grade of Senior Clerk, this ap