further submits that the respondents had
erroneously placed reliance on Para 302 of IREM Vol-1 and
committed serious error in passing the impugned order ... were
found contrary to the terms of Para 302 of IREM. Therefore, on
receipt of the various representations including from the Railway
employees union
further submits that the respondents had
erroneously placed reliance on Para 302 of IREM Vol-1 and
committed serious error in passing the impugned order ... were
found contrary to the terms of Para 302 of IREM. Therefore, on
receipt of the various representations including from the Railway
employees union
applicants have questioned the non-consideration of the above IREM Para 302 by the learned DB of the Tribunal while deciding the issues in Mohinder ... Apex Court in Dharam Pals case.
10.1.3 Para 302 IREM Vol-I:
This para prescribes principles for determination of seniority of non-gazetted Government
applicant has contended as a ground that respondents
had violated IREM Para 302 wherein it is clearly stated that the seniority
among the incumbents ... completion of the prescribed period
of training. Note (ii) of Rule 302 IREM makes the Note (i) applicable to
LDCE recruitees too. Hence we find
involved in all these cases was the applicability of Para 302 of IREM which prescribed the specific provisions in the matter of determination of inter ... impact of the specific provisions of Para 302 had remained unexplored.
Para 302 of IREM Vol. I is in the context of rules regulating seniority
same day, their seniority is assigned as per Para 302 of IREM and the promoted Railway servants and direct recruits are placed in alternate position ... sole criterion for determining the seniority as per Para 302 of IREM. It would appear that the question of proper application of the provisions
seniority has been fixed by the respondents in terms of paragraph 302 of IREM Volume II, 1989 and the seniority, which was wrongly assigned ... Parcel Category since your initial appointment in terms of Para 302 of IREM-VOL-II/1989 and seniority which was wrongly assigned to you vide
wrongly reckoned their seniority in violation of the provisions of Para
302 of IREM Vol.I wherein it is clearly mentioned that the promotee ... stand taken by the respondents is that in terms of Para 302 of IREM Vol-I,
unless specifically stated otherwise, the seniority among the incumbents
respondents in their written submissions contended that as per para 302 of IREM ibid the seniority of promotees is to be reckoned from the date ... view, the decision of the respondents relying upon para 302 of IREM ibid is not justified and is against the principles of law. Even according
regarded as in service.
9. In the present matter Para 302 of IREM deals with seniority and reads as under:
302. Seniority in initial recruitment ... Reference was also made to the Note appended to para 302 of IREM.
13.Learned counsel for the respondent in the written submission filed after
