Hello. I am working in railways in pay level 7 for more than 10 years. Now MOR announced upgradation of 50% L7 post to L8. As per seniority list I am eligible for promotion but on final list my name is omitted and promotion ais given who have completed only 5 years service citing SC/ST reservation as per RB circular 2024-E/SCT/I/25/6. My question is that rule challengeable as promotion should be purely on seniority basis. Again I belong to OBC category. Why OBC reservation is not considered?
Dear Sir, Your question purely related to service law. You may contact any senior advocate exclusively practicing in service law and get appropriate answers to your questions.
Dear Client, As per your query, it is important to understand that Article 16(4A) of the Indian Constitution allows the state to make provisions for reservation in matters of promotion in favor of SCs and STs if they are not adequately represented. The Government has issued multiple circulars in this regard, including the one that you mentioned. You may challenge the circular on the the ground that it violates your seniority rights under Article 14 and Article 16(1) of the Indian Constitution, if there is no justifiable date proving the need for SC/ST reservation at your level. As because the promotion list is made for SC/ST employees, you are not falling within that list. You will likely be considered based on your seniority in general category promotion list. You may consider contacting with the Railway Authorities to ascertain process and criteria of promotion for your category. Consider filing an RTI application if you do not get satisfactory response from the Railway Authorities. Hope this answers your query.
