'SCs/STs for open seats be treated as general'
Scheduled Caste and Scheduled Tribe candidates qualifying against open seats for promotion cannot be adjusted against the vacancies earmarked for SC/ST quota, the Central Administrative Tribunal (CAT) has held while giving relief to a Delhi Police woman constable.
"The official memorandum dated July 2, 1997 has to be applied for reservation to SC/ST category candidates who achieve merit of general category have to be deemed as general category candidates and this quota would not be counted towards reservation.
"If it is so, because of non-following of the aforesaid (memorandum) the fundamental right of the applicant to be considered as a SC category candidate fairly and equitably for promotion has been applied. The action of the respondents cannot be countenanced," the Tribunal bench, comprising Members Shanker Raju and S P Singh, said.
The CAT passed the order on a petition of a woman constable Krishna Kumari seeking direction to the Delhi Government to consider her candidature for promotion to the post of Head Constable.
She submitted that she was eligible for consideration as she held eighth position against 15 vacancies earmarked for the category.
Accepting the plea of Kumari, the Tribunal said the government wrongly applied the instructions laid down in the official memorandum.
"In our considered view, the government has misapplied the instructions to fill up the quota of SC/ST from the candidates belonging to that respective category even if they have achieved the merit on a par with general category candidates," the Tribunal said.
Earlier, the government contended that the vacancies meant for SC/ST have been utilised by those despite merit obtained by them at par with the general category.
While rejecting its contention, the Tribunal said, "The case of Kumari for promotion in promotion list A against SC quota on the basis of the selection of the year 1999 shall be considered and in the event she is otherwise qualified, consideration for promotion shall be accorded to her from the date juniors have been promoted."
'SCs/STs for open seats be treated as general'
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.