Restructuring: RBE No.181/1987 – Clarification

No. PCIII/87/UPG/1, dated 13.07.1987

Sub: Restructuring of certain Group ‘C’ and Group ‘D’ cadres.

1.     Please refer to your letter No.HPB/778/PCIII/TDT (i) III, dated 29.01.1987 on the above subject.

2.     It has been stipulated in para 2 of this Ministry’s letter No.PCIII/80/UPG/19, dated 29.07.1983 that restructuring of cadres will be made with reference to sanctioned strength as on 1st August, 1983 and the staff who would be placed in revised grades will be eligible to draw pay in higher grade from 01.08.1983 with benefit of proforma fixation from 01.08.1982 and that pay of the staff promoted in the normal course to higher grades during the period 01.08.1982 and 31.07.1983 will be stepped up under the normal rules with reference to the pay of their juniors, whose pay is fixed under these orders.

In view of the circumstances explained in your letter under reply and the position obtaining under the orders of 29.07.1983 ibid, it is clarified that in case of promotion arising from the above restructuring orders, the date of entry in the grade will be treated as 01.08.1983. Accordingly, in such cases, seniority will be assigned from 1st August, 1983 and not from 01.08.1982. Action taken by your Railway is, therefore, in order.

Copy of Central Railway’s letter No.HPB/778/PCIII/TDT (i) III, dated 29.01.1987. 

Sub: Restructuring of certain Group ‘C’ and Group ‘D’ cadres.

Ref:  Ministry of Railways’ letter No.PCIII/80/UPG/19, dated 29.07.1983.

1.     A reference is invited to para 2 of Ministry’s letter quoted above.

It has been mentioned in this letter that restructuring of the cadres will be made with reference to sanctioned cadre strength as on 01.08.1983 and that the staff who would be placed in the revised grades, in terms of these orders, would be eligible to draw pay in the higher grade from 01.08.1983 with the benefit of proforma fixation from 01.08.1982.

2.     The question has arisen whether the seniority that is to be assigned in the restructured cadre should be assigned w.e.f. 01.08.1983 or w.e.f. 01.08.1982 the date from which the benefit of proforma fixation is given.

This Railway has taken the view that since restructuring has been ordered with reference to the cadre strength on 01.08.1983 the seniority would be assigned to the eligible staff w.e.f. 01.08.1983 only in the upgraded posts, although benefit of fixation is given on proforma basis retrospectively from 01.08.1982. One of the recognized unions holds the view that benefit of seniority is also admissible to such employee w.e.f. 01.08.1982.

3.     This question has been brought into sharp focus vis-à-vis the direct recruit Traffic Apprentices who came on to working post during the period from 01.08.1982 to 01.08.1983; whether the direct recruits would become junior to the persons posted to the restructured post w.e.f. 01.08.1983 with the benefit of proforma fixation from 01.08.1982.

4.     I shall be grateful if you will kindly advise whether it is the intention of the Ministry that staff who have been placed in the higher grade arising out of restructuring orders in terms of the above mentioned letter should also be given seniority from 01.08.1982.