Law: Railway Personnel Manual, 1982

Section: 433,611

Railway Personnel Manual, 1982--- ----Rr. 433 & 611---Promotion, withdrawal of---Seniority reckoned from date of regular appointment---Respondent was appointed as Shunting Porter (BS-6) in Pakistan Railways ("Department") ---To fill the vacant posts of Assistant Yard Master (BS-9) the Department asked its staff to give their willingness to promotion as Assistant Yard Master and thereafter the willing persons were directed to appear for training at the academy---Respondent attended the said course and obtained 2nd position, and consequently on the basis of merit was promoted as Assistant Yard Master---Subsequently such promotion was withdrawn by the Department as respondent was junior according to the combined seniority list of staff who had qualified the course for promotion as Assistant Yard Master---Respondent then challenged the said order before the Service Tribunal, which stood allowed, and he was promoted---Contention of Department was that respondent was junior according to the combined seniority list of staff who had qualified the course for promotion as Assistant Yard Master (BS-9), and that according to R. 611 of the Railway Personnel Manual, the seniority had to be reckoned from the date of regular appointment---Validity---Respondent was serving in the Department and for in-service staff, courses were held for further promotion---According to R. 611 of the Railway Personnel Manual, 1982, the combined seniority list of staff belonging to more than one category or more than one unit in the same category who were eligible for promotion to higher grade post shall be reckoned from the date of regular appointment to a post in the eligible grade (excluding officiating period against leave vacancies other than L.P.R. or under local arrangements made to suit administrative convenience)---Further R. 433 of the Railway Personnel Manual, 1982 stipulated that senior staff who, on the basis of seniority, became eligible for being sent to the training school to qualify themselves in promotion courses, passing of which was a pre-requisite condition for consideration for promotion to higher grade posts, should not be allowed to be superseded by their…

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