Sub:- Notice for reversion to the post of post of loco Pilot (Maii/Exp. ) to loco Pilot (Pass.), loco Polot(Pass.) to loco Pilot (Goods),loco Pilot(Goods) to Sr.ALP and Loco Pilot (Shunter-11) to Sr.ALP.
Ref:- l. Hon’ble CAT/Patna Circuit Bench Ranchi judgement/Order dtd. 30.08.2017 vide OA No. 051/00107/2017 Pravin Kumar and others Vs. Union of India & Ors.
2.This office Memorandum No. SER/P·RNC/CC/565/PK/Imple/17 dtd. 03.11.2017
In obedience of Hon’ble CAT/Patna Circuit Bench Ranchi judgement/Order dtd. 30.08.2017 vide OA No. 051/00107/2017 Pravin Kumar and others Vs. Union of India & Ors.
In this regard approval of the competent authority vide memo No. SER/P·RNC/CC/565/PK/Imple/17 dtd. 03.11.2017 has been communicated for implementation of the judgement/order dtd. 30.08.2017 within the stipulated period.
On the above judgement/order the Hon’ble CAT has directed to the respondent for Implementation the followings:
1. To revert the persons who have been given promotion on the basis of reservation, as such an exercise under Article 16(4(A)] can be undertaken after the State takes opinion that such class of persons are not adequately represented in the service under the State, which is equally applicable to Railway, and not otherwise.
2. If the department feels that there will be administrative difficulty in implementing the order in that event they are to give promotion to the general candidates who have been overlooked by such promotion of Scheduled Caste and Scheduled Tribe employees so that the right of promotion of unreserved candidates are not affected as Article 335 remains as a guiding principle for maintenance of efficiency of administration In connection with affairs of the Union or of a State.
3. in a recent decision, ((2015) 10 sec 292, S.Panneer Selvam & Ors. Vs. State of Tamil Nadu and Others} Their Lordships of the Hon’ble Apex Court have categorically held that catch-up rule would be applicable in such circumstances, i.e. reserved category promotees cannot count their seniority in the promoted category from the date of their promotion, and if the senior general candidates later reach the promotional level, general candidates will regain their seniority.
In view of the above it Is proposed to revert the staff, who have been given accelerated promotion on the basis of reservation to the post of loco Pilot (Mail/Exp. ),loco Pilot (Pass.), loco Pilot(Goods) and
Loco Pilot( shunter) with immediate effect, since it is not possible to operate ex-cadre .