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Seniority fixation of medical decategorised staff in railways after grade merger

(Querist) 16 February 2015 This query is : Resolved 
an employee working in category x before 4/9/2008 in railways in grade 5500-9000 after grade merger after 5/9/2008 was medical decategorised on 16/04/2010 his degination was je(p.way) scale pay 9300-34800+gr pay 4200/- his counterpart working in category y in scale 9300-34800+gr pay 4200 kindly advise how his seniority will be fixed in category y .employee working in category x date of appointment is 14/12/99 where as employee working in category y his date of appointment is 15/01/91 employee working in category x joined in category y after cut-off date of 5/9/08 kindly advise how is seniority will be fixed as per ara 1310 chapter 13 of IREM 1989 edition person dealing railway cases will only be able to advise
secondly can the cat judge is obliged for final hearing if both the parties have completed all the formality including rejoinder and both the parties are ready to argue bit judge is not interested for final hearing what is the remedy to overcome this problem
P. Venu (Expert) 17 February 2015
Obviously, the matter is already pending in the CAT. If pleadings are completed, file a Miscellaneous Petition for expeditious hearing.
Rajendra K Goyal (Expert) 17 February 2015
For seniority clarification consult your association people or some senior HR person and in case of any anomaly proceed legally after representing to your department.

Ask your lawyer to prey for early hearing.
Dr J C Vashista (Expert) 19 February 2015
I agree with the experts, in the given circumstances your lawyer is best person to advise and guide you properly.
T. Kalaiselvan, Advocate Online (Expert) 19 February 2015
You may plan to make proper representation through your lawyer's draft for further course of action.


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