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Judgment
V.Rama Mathew, Member A
As the facts in all these cases are similar they are being dealt with by this common order. For the sake convenience the records and pleadings in O.A.No.180/00404/2021 are referred to in this order.
Briefly speaking the facts are as under – The applicants are working as Ticket Examiners under Ticket Checking category/cadre in the services of the respondents. The applicants 1 to 3 applied for appointment on compassionate grounds in Group 'C' posts and were called for a suitability test/written examination. They participated in the written examination and were declared to have passed the written examination vide Annexure A-2 order dated 18.01.2018. Similarly applicants 4 and 5 are persons who are medically decategorized to the post of Ticket Examiners. They were recommended by the Medical Committee of the respondents for appointment to the post of Ticket Examiners. All the applicants in exercise of the choice given to them had opted for appointment to the post of Ticket Examiner. Offers of appointment as Ticket Examiner in Level 3 of Pay Matrix were issued and all of them were sent for training as pro-Ticket Examiners. The documents clearly show that the appointments of all the applicants were specifically to the post of Ticket Examiner which is a separate category/cadre by itself. In February 2018 there was a proposal from the Ministry of Railways to merge the three categories of posts in the Commercial Department – Ticket Checking (TC), Commercial Clerk (CC) and Enquiry Cum Reservation Clerk (ECRC). It is submitted that the order dated 22.02.2018 outlines the modalities of the merger of the three categories, it was clearly stated that in first phase the Ticket Checking category as a whole with all its existing incumbents will continue as a separate category with its existing cadre structure and staffing pattern while the existing staff working in the categories of CC and ECRCs may be merged. It was stated in para 2.2 of the said communication that in the second phase of the merger, all future recruitment to the relevant category will be in the unified cadre structure merging Ticket Checking category also with the cadre of CC & ECRC. It is stated that usual rules/principles would apply while determining inter-se seniority in the merged categories. This order was modified by RBE No.59/2019 dated 05.04.2019 wherein it was noted that implementation of RBE No.28/2018 has also not been uniform as reported from various Railways. In some Railways, vacancies that existed as on the date of circulation of the instructions, ie., 22.02.2018 in the CC or ECRC group were to be filled up exclusively by employees belonging to that group. Only after this was done, the process of merger of the existing cadre to take place. However, this methodology has not been followed in some other Railways where vacancies that existed in the categories of CC and ECRC have not been filled up by the respective seniority groups prior to merger of the existing categories. In the light of these developments, the instructions issued vide RBE No.28/2018 have been reviewed in consultation with both the Staff Federations. The revised methodology for implementing the merger of commercial categories of TC, CC and ECRC as per the 7th Pay Commission was issued as per Annexure 'A' to the letter. The same is extracted as under -
“Methodology for implementing the merger of Ticket Checking Staff, Commercial Clerks & Enquiry-cum-Reservation Clerks.
(i) Existing cadres as on 22.02.2018 of Commercial Clerk and ECRC categories would continue to be in separate seniority groups as per the pre-22.02.2018 position.
(ii) The designation of the posts as laid down in para 2.1 of RBE No.28/2018 would, however, continue with the modification that the post in Level 6 GP 4200/- would be designated as Chief Commercial-cum-Ticket Supervisor instead of Chief Commercial-cum-Ticket Clerk as mentioned in RBE No.28/2018.
(iii) While the designation will remain the same, two seniority groups of ECRC and CC categories would continue to be maintained separately and promotions will also be for vacancies arising in the relevant seniority group only.
(iv) As and when employees in the seniority group of ECRC move up for Grade Pay Rs.2800/- Level -5, the promotional quota of the vacant posts will be filled up by employees in the feeder grade of Commercial-cum-Ticket Clerk in Grade Pay Rs.2000/- L-3. This would effectively mean that the posts vacanted by ECRCs in their entry grade would be filled up by eligible Commercial Clerks.
(v) Considering the functional work profile, recruitment as only stand alone ECRCs in future will not take place. Such DR is to take place only against the merged designation for all three categories of Commercial employees, ie., Ticket Checking, Commercial Clerk and ECRC as already underlined in RBE No.28/2018.
(vi) In short, as regards existing employees, instead of keeping only the TC category separate and merging seniority of CC and ECRCs; it is now recommended that all three seniority groups TC, CC and ECRC be maintained separately for existing employees. Merger into a common seniority and common functionalities will take place for future DR.
As seniority groups would continue to be separate, those originally recruited as ECRCs or as Commercial Clerks would continue to be assigned functions that are in line with their categorization to the extent possible. Orders issued to the contrary in the intervening period would be reviewed. However, in administrative exigencies, there is no objection to employees recruited as ECRCs or CCs being assigned work pertaining to the other, in accordance with the common designation that they still belong to.
Restoring original seniority groups by revising of RBE No.28/2018 now would have implications on selection/suitability tests already conducted in the intervening period. While Railways/Units that have followed the methodology of filling up vacancies that existed as on 22.02.2018 by the respective seniority groups before effective merger of seniority would likely not face issues after separation of seniority now; the same would not necessarily hold true for Railways/Units that have followed a different methodology. Accordingly, to deal with the situation, the following is recommended;
(a) There will be no reversions on promotions that have already been effected due to the revision in seniority grouping now proposed to be effected.
(b) As a corollary to (a), those employees in the promotional posts now, who whould otherwise have not been eligible due to the separation of seniority groups, would continue in their promotional posts as a measure personal to them until vacancies in the promotional grade arise to accommodate them in the normal course.
(c) Those employees who have not been considered for promotion earlier due to their position in the erstwhile merged seniority groups, but are now found eligible on account of their seniority in the separate seniority group, are to be considered for promotion in the next selection/suitability test for vacancies against their seniority group. On clearing the promotional test and joining the working post in the promotional grade, they may be accorded proforma benefits of pay fixation without any arrears of wages.”
In all these cases the fundamental question to be addressed is when the cadre of TC ceased to exist and was merged into the common cadre and consequently from what date appointments could be made to the cadre of TC, separate cadre for TC and from what date appointments could be made only in the combined cadres. This question would be answered directly by the methodology listed above. Para 5 of the above instructions is that considering the functional work profile, recruitment as only stand alone ECRCs in future will not take place. Such DR is to take place only against the merged designation for all three categories of Commercial employees, ie., Ticket Checking, Commercial Clerk and ECRC as already underlined in RBE No.28/2018. Para 6 states that as regards existing employees, instead of keeping only the TC category separate and merging seniority of CC and ECRCs; it is now recommended that all three seniority groups TC, CC and ECRC be maintained separately for existing employees. Merger into a common seniority and common functionalities would take place for future DR.
Hence, the answer to the question referred to in the O.As would be as under – the date of merger of CC & ECRC would be 22.02.2018, the TC cadre would remain separate up to 05.04.2019, which would be the date in which all three categories are treated as merged. Since for all recruitments up to that particular date the seniority list will be separate in inter-divisional transfer or appointment between these two dates would be in the categories of TC/CC/ECRC with their independent seniority list. Subsequent to this date since inter-divisional transfers are made against direct recruitment quota only, any appointment would be governed by the directions for future direct recruitments from this date onwards. Therefore, post 05.04.2019 all inter-divisional transfers would be in the combined seniority cadre of CC/ECRC as a commercial employee only.
The O.As are disposed of with a direction to determine the placement accordingly. No order as to costs.
(Dated this the 23rd day of June, 2025)