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4. It is further stated that despite this respondents vide letter dated 25.04.2014 (Annexure A9) in reference to earlier letter issued notification for selection to the post of AHO and provisional eligibility list as per general seniority has been issued contrary to the provision of law wherein junior persons have been placed above the applicant. Against the notification and eligibility, applicant made representation dated 07.05.2014 (Annexure A10) clearly pointing out the provision of rules for selection to the post of AHO. The respondents vide impugned order dated 04.08.2014 (Annexure A2) rejected the representation that the common seniority list for selection to the post of AHO is as per Para 203.5 of IREM I and RBE No.107/2012 is not applicable.

6. In the reply filed on behalf of the respondents wherein it has been stated that for selection for Group 'B' category integrated seniority list is prepared as per Para 203.5 of IREM. From the date of appointment on non-fortitutious basis in Grade 6500-10500 will be the date for eligibility. On implementation of 6th CPC pay scale of Rs.6500-10500 and Rs.7450-11500 were merged in pay band Rs.9300-34800+Grade Pay 4600/-. On this Railway Board has issued a circular dated 29.04.2009 (Annexure R1) that Group B selections may be continued as per the extent instructions of the Board i.e. on the basis of combined length of non-fortitutious service in Grade Rs.6500-10500 and above ignoring promotions to the Grade Rs.7450-11500. In this respect, Railway Board has also issued Circular No.46/2010 dated 29.03.2010 (Annexure R2).

7. It is further stated that the question is not of eligibility for selection to the post of AHO Group 'B' nor preparation of seniority but here the question involved in respect of preparation of integrated seniority list for selection to Group 'B' post. Applicant is relying on RBE Circular No.107/2012, but the same is not related because this circular explains about general seniority, further neither the RBE Circular No.186/2010 is applicable for present controversy. The integrated seniority list, which was prepared, was on the basis of Para 203.5 of IREM. The seniority list which has been issued is integrated seniority list and not ordinary seniority list. This seniority list has been issued as per rules and as per directions given by the Board time to time. The representation dated 07.05.2014 was duly replied by the Department vide its letter dated 04.08.2014. The applicant was in Grade Pay of Rs.4600 on 01.01.2006 and as per Railway Board's clarification dated 29.04.2009 and Circular No.46/2010 and Para 203.5 of IREM integrated seniority list is prepared. In RBE Circular No.107/2012, there is no instruction in respect of integrated seniority list.

He further contended that the respondents are adamant to hold selection on the basis of eligibility list prepared contrary to the provisions of law in arbitrary and illegal manner just to give advantage to the persons though, juniors to the applicant. Therefore, he prayed that the present Original Application deserves to be allowed.

16. In addition to the facts provided by the respondents in their counter affidavit wherein leaned counsels for the respondents state that the applicant relying upon the RBE circular No.107/2012 is misleading the Court as this circular as well as circular No.186/2010 are not applicable to the present controversy. They further state that the only list which is relevant is integrated seniority list prepare on the basis of para 203.5 of the IREM. They have, therefore states that the respondents have made appointment correctly i.e. as per Para 203.5 of IREM and circular No.46/2010, and therefore, the procedure which has been adopted by the respondents is just and proper.