Om my God! Duo wins promotion battle
MUMBAI: Two women railway clerks, who were denied promotion for having written "Om" on top of their departmental examination answer sheets, have won a battle for justice through legal—not divine—intervention after a year.
A Central Administrative Tribunal (CAT) in Mumbai directed the railways to accommodate Swati Chitnis and Sujata Shinde, both senior clerks at Central Railway (CR), after holding that "invocation of divinity at the start of an enterprise or while assuming a high office is a universally adopted practice".
In the case before it, the CAT bench observed that the markings and writings (one of the sheet had 'Shree Swami Samarth' written on it) appear to be "sheer habitual invocation of divinity shorn of any ulterior motive". On Monday, the tribunal bench comprising Jog Singh and Sudhakar Mishtra directed Central Railway to promote them as it observed that the answer sheets had also been evaluated with no indication that the examiner had been prejudiced in any manner because of the markings on the sheet.
The women's lawyer, Sandeep Marne, said the women were challenging a June 2008 order denying them promotion despite having done "extremely well in the departmental competitive examination". They learnt through the Right To Information (RTI) Act that they were bypassed only because of the 'Om' on the answer sheets.
Marne said the 'Om' was only written out of religious belief to bring good luck and not to mislead or secure extra marks. The CR office, through advocate S C Dhavan, argued that all candidates were warned before the examination against making any kind of identification mark on the answer paper. The CR said, "What the women did was in violation of these instructions and their disqualification is justified. Such markings may disclose their identity and influence the examiner, defeating the purpose of fair play in selection." But the answer sheets had been evaluated.
Om my God! Duo wins promotion battle
PME Due Date
Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974
Subject: Implementation of the Recommendations of the Visual Sub-Committee.
6. Periodical re-examination of serving Railway Employees:
6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:
6.1.1. Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.
Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.
(a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.
(b) Absence from duty for a period in excess of 90 days.
(2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.
If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.
Ammendment: It was ammended in 1993 as below
Age Group PME Due
Age 00-45 every 4yrs
Age 45-55 every 2yrs
Age 55-60 every year
As per Rly Bd's Guideline of Medical Exam issued vide LNo. 88/H/5/12 dated 24-01-1993
a) PME would be done at the termination of every period of 4 years from date of appointment / Initial medical Exam till the date of attainment of age of 45 years, every 2 years upto 55 years & there after annual till retirement.
b) Employees who has been periodically examined at any time within 2years prior to his attaining the age of 45years would be examined after 2years from the date of last PME & subsequent PME for every 2years upto 55years age.Of
NRMU 4 you
6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.