Seniority will be assigned as per Rank in merit list irrespective of date of joining
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A Bench of Justice S D Anand and Dr. A K Mishra at the Chandigarh Bench of Central Administrative Tribunal have held that the relevant criterion for determining seniority would have to be order of merit at the time of appointment and not date of joining government service.
In the case in question police inspector Harjit Kaur, presently on deputation with CBI, had challenged denial of seniority over two other colleagues who were placed above her in seniority list on the basis of their date of joining service.
Petitioner claimed that at the time of initial appointment she was placed third in merit list for women recruits. However Kaur could was offered appointment only when the second in list was found medically unfit. In the meantime other colleagues joined the department 18 days prior to the petitioner.
An office order dated 21 April,1989 passed by the then Senior Superintendent of Police, U.T., however came to Kaur’s rescue which stated that she be placed senior to ASI’s Dilsher Singh and Gurmukh Singh selected in the same recruitment process keeping in view their lower rank in the merit list.
Kaur who had already received two promotions based on the seniority fixed in 1989 was in for a shock when she was on deputation at a UN Peace Keeping Mission at Kosovo. By a office order she was placed at a lower level than the other two ASI’s. Upon contesting her case the Director General of Police, U.T., on 5 November, 2009 turned down her plea primarily on the ground of delay and latches.
Agreeing with Kaur’s counsel the Bench held that as per Rule 12.2 (3) of the Punjab Police Rules, as applicable to U.T. Chandigarh, the inter-se seniority of police officers of the same selection, has to be reckoned by the order of merit as determined/ fixed by the selection body. Giving relief the Bench ruled that the petitioner shall be treated as senior to Dilsher Singh and Gurmukh Singh for all intents and purposes and shall also be entitled to the consequential benefits.
Source:
Lawetal
PME Due Date
Master Circular No. 25
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
Details:-
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
SMLokhande
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.
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