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12. He further drew the attention of this Court to the rejoinder filed by the petitioner in which it is stated that it is not correct to state that their members have been given temporary status and absorbed in service in terms of Inderpal Yadav's case because the disposal of petitioner's case by the Hon'ble Supreme Court was on 08.10.1984 while Inderpal Yadav's case was decided subsequently in June 1985, by which time the petitioner members had already been accorded temporary status. As per the Deputy Director Establishment, Railway Board, New Delhi letter dated 23.07.1976 circulated under GM/P's letter No.P(RT) 564/P Vol.IV Pilot dated 13.08.1976 (Annexure I), the seniority has to be determined and the same is extracted as below:-

20. In regard to the contention of the petitioner/Railway administration that as per Ex.M4 based on the Inderpal Yadav's case the temporary status has to be accorded with effect from 01.01.1981 and the grant of temporary status with effect from 01.01.1981 is justified, but in the present case, the second respondent/Union is claiming temporary status pertaining to open line Casual Labour on completion of 120 days of continuous service. The findings of the Tribunal are extracted as below:-

21. The learned counsel for the second respondent drew the attention of this Court to the rejoinder filed by the petitioner in which it is stated that it is not correct to state that their members have been given temporary status and absorbed in service in terms of Inderpal Yadav's case because the disposal of petitioner's case by the Hon'ble Supreme Court was on 08.10.1984 while Inderpal Yadav's case was decided subsequently in June 1985, by which time the petitioner members had already been accorded temporary status. As per the https://www.mhc.tn.gov.in/judis Deputy Director Establishment, Railway Board, New Delhi letter dated 23.07.1976 circulated under GM/P's letter No.P(RT) 564/P Vol.IV Pilot dated 13.08.1976 (Annexure I), the seniority has to be determined.