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4. The respondents have filed their reply in which their main emphasis is that the Principal Bench of this Tribunal and Hon'ble High Court of Delhi have failed to appreciate the provisions of Para 203.5 of Indian Railway Establishment Manual (IREM) wherein it has been clearly mentioned that the eligibility list for promotion to Group 'B' has to be prepared on the basis of seniority in the scale of Rs.6500-10500/-. Further being qualified in the promotion examination does not guarantee the promotion, as the same is dependent on number of vacancies. No remarks have been given about correctness or otherwise regarding positioning him between sl. no. 63 and 64 of seniority list dated 24.04.2017 (Annexure A/10). It has been stated that he has been promoted to Group 'B' only on 23.08.2019, and even that has not attained finality as the judgment of Hon'ble High Court of Delhi in WP no. 11455/2015 has been challenged in a Review Petition before the Hon'ble High Court of Delhi, which is still pending for consideration. This fact of review petition has been mentioned in the promotion order dated OA No. 330/01147//2019 23.08.2019. As such his induction to Group 'A'/IRTS may not be given effect at this stage. The present status of review petition is "Certificate of Fitness be filed".