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 (despite that the cases are pending in CAT courts) for this abolition of British Acts as it not only violates Human Rights but also violates principles of Indian Constitution?
Can High Court or Supreme Court give decisions on Service related matters and are they bound on Union Goverment of India to follow?