Seniority adter medical unfit and cahnge of cadre
jayesh sinha
(Querist) 11 May 2014
This query is : Resolved
AN EMPLOYEE X PWI DESIGNATION JOINED IN RAILWAY SERVICE IN YEAR 2000 IN GRADE 5000-8000 I JOINED SERVICE IN YEAR 1991 IN GRADE 1400-2300 DESIGNATION IOW gr-iii ,EMPLOYEE X PWI GOT PROMOTION BY VIRTUE OF RESTRUCTING TO GRADE 5500-9000 IN YEAR 2003 THE EMPLOYEE X PWI GOT MEDICAL DECATEGORIZED IN YEAR 17/04/2010 When seniority list was published he was shown senior to me in IOW category kindly advise the rule of seniority after medical decategorization in pwi category and after offered alternative employment in iow category he will be assigned seniority from dater of joining in year 2000 or assigned bottom seniority of year 2010
j k sinha
Sudhir Kumar, Advocate
(Expert) 11 May 2014
refer
http://www.lawyersclubindia.com/forum/Seniority-after-medical-decategorization-101862.asp#.U2-eKPmSzC4
P. Venu
(Expert) 12 May 2014
The facts stated are incorrect. When you had allegedly joined, viz.1991, IOW's pay scale could not have been 5000-8000! Please state the correct and complete facts.
jayesh sinha
(Querist) 12 May 2014
my grade was 1400-2300 as per 4th pay commission which was later modified to 5000-8000 as per 5th pay commission the junior employee in pwi category joined railway service in year 2000 at that time 5th pay commission grade was 5000-8000
Sudhir Kumar, Advocate
(Expert) 12 May 2014
none outside rly knows what is pw1. Do you mean Prosecution Witness No 1.
jayesh sinha
(Querist) 18 July 2014
AN EMPLOYEE X PWI-GRIII DESIGNATION JOINED IN RAILWAY SERVICE IN YEAR 2000 IN GRADE 5000-8000 I JOINED SERVICE IN YEAR 1991 IN GRADE 1400-2300(4th pay commission converted to 5000-8000in 5th pay commission)DESIGNATION IOW-GRIII(say employee Y) ,EMPLOYEE X PWI-GRIII GOT PROMOTION BY VIRTUE OF RESTRUCTING 2003 CIRCULAR TO GRADE 5500-9000 IN YEAR 2003,HOWEVER Y employee did not got the benefit of restructing of 2003 restructing circular and remained in IOW-GRIII SENIORITY.
EMPLOYEE X AFTER RESTRUCTING in year 2007 w.e.f 1/11/2003 AND GETTING PROMOTION OF PWI-GRII HIS SENIORITY WAS SHOWN IN PWI-GRII(GRADE PAY 5500-9000) from year 2003 to 2010 (till he was decategorised on 17/04/2010)AND employee Y his seniority was shown in IOW-GRIII(GRADE 5000-8000) from year 1991 to till date. Now sixth pay commission came into effect from year1/09/ 2008 in which IOW-GRIII (5000-8000)AND IOW-GR-II(5500-9000) MERGED INTO SCALE-9300-34800 WITH PAY BAND -PB2 GRADE PAY -4200/-(employee Y),similarly employee Y PWI GRIII (5000-8000)AND PWI-GR-II(5500-9000) MERGED INTO SCALE-9300-34800 WITH PAY BAND -PB2 GRADE PAY -4200/-(employee X) BOTH X AND Y IN ARE IN DIFFERENT CATEGORY CHANNEL OF PROMOTION.NOW AFTER SIXTH PAY COMMISSION BOTH ARE CALLED AS EMPLOYEE X -JE(P.WAY) & EMPLOYEE Y as JE(WKS).
THE EMPLOYEE X JE-(P.WAY) GOT MEDICAL DECATEGORIZED IN YEAR 17/04/2010 and medical panel recommended change of category in alternative employement to IOW-GR-II(WKS) on 17/05/2010 WHICH was wrong as no such designation existed after sixth pay commission came into effect, When seniority list was published in year 2014 EMPLOYEE X was shown senior to me in JE(WKS) category kindly advise the rule of seniority after medical decategorization because both X and Y employee are having same grade but working in different category on 17/05/2010, will the employee X JE (P.WAY)category and after offered alternative employment in iow category (JE-WKS) will he be assigned seniority from date OF JOINING IN RLY SERVICE IN YEAR 2000 or assinged bottom seniority in JE-(WKS) AS SIXTH PAY COMMISSION had come into existence,is it possible that employee x joined railway service in year 2000 will be placed top of employee y original cadre have joining date in railway in year 1991 in seniority list.
SIR,it is requested to give rule of seniority after medical decategorisation and seniority fixation of employee X after medical decategorization.
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
