Graduate engineers are not getting a single promotion in Railways
DOPT has classified the Central Government employees having GP 4200 as Group-B employees vide its India Gazette Notification no- 605 dtd. 09.04.2009 (Annexure-3, page-15). As per this notification, Junior Engineers of all departments of central government were classified as Group-B.
But Ministry of Railways have not implemented this and kept the employees from Grade Pay Rs. 4200 to Rs. 5400 Grade Pay as Group C.
In none of the Central Govt Departments or neither in any Central Govt. organisation, Engineers with Grade Pay 4600 are placed in non-gazetted, Group-C category which is the lowest cadre of central government at present.
Railways recruit Graduate Engineering Degree holders as SSE in Group C category which is the lowest category in Government which includes khalasis also. No other Central or State department does so.
Is it not violates the principle of Equility?
Since the Group B posts are only 0.5% in Railways, only 1 out of 200 Engineers gets the next promotion of Rs. 4800 Grade Pay. Therefore almost all of the Graduate Engineers retire on the same post without a single promotion in their career.
Does at least a single promotion in a career not a right for a Employee?
This is because Indian Railways is still having Acts and Rules of British period in which a handful of people (less than 1%) are getting all the rises and benefits where as remaining employees (more than 99%) doesn’t get anything.
And here the worst sufferers are Graduate Engineering degree holders who joins Railways in 4600 Grade Pay. Because 99.5% retire on the same post having no promotion at all. Due to this, Railway Engineers are very frustrated that despite having categorised in Excluded cadre (bound for 24 hrs. duty) he doesn't get a single promotion. Where as all other cadres like Nurses, Teachers, Account Staff have been upgraded in Railways with every Pay Commission.
Many of these frustrated employees went to CAT against this heavy in-discrimination but cases there are pending since long time.
Can Railway Engineers approach High Court or Supreme Court for this abolition of British Acts as it not only violates Human Rights but also violates principles of Indian Constitution?
Asked 12 months ago in Civil Law from Gwalior, Madhya Pradesh
Can we approach to High Court or Supreme Court despite that some related cases are pending in CAT? Can these courts give decision on service related matters and are they bound on Union of India to implement.
Asked 12 months ago
1) DOPT had recommended to give Group-B status for Pay Band -2 i.e. from Grade Pay Rs. 4200/- to Rs. 5400 vide its India Gazette notification no. 605, dated. 09.04.2009. But Railway did not implemented the part of notification
2) in all other Deptt of central Govt JE has been given Group B status , but herein Railways,they have refused to give group B status to Subordinate Engineers
3) you should move CAT that Group-B cadre be granted to all sub-ordinate Engineers in PB-2 as per DOPT gazette Notification no. 605 of 09.04.09 with gazetted status, as already implemented in CPWD/ Defence and other central Govt deptt.
4) if CAT rejects your application then move HC for necessary reliefs
You should file a writ of mandamus before the supreme court under article 32. Article 16 and 14 pooride right to equality among citizen Although government has right to do classifications but it should be based on the memorable ground. wherever the classification is unreasonable it es against the principle of equality. E. P. Ryeppa Vs state of Madras it is held by the supreme court that such classification is illegal and liable to be held unconstitutional.
6th pay Commission also provided a right to every employee to get time bound promotion In every 5 years. You have right to get promotion in every five year
You can challenge any act if the provisions of it violate the Constitution of India. Short of challenging the act, you can move the HC or SC against the failure of Ministry of Railways to implement the executive decision published in the official gazette. CAT has a limited jurisdiction. It needs to be seen as to what is the nature of relief that has been sought from CAT by the aggrieved employees.