petitioners also contended that the respondent had only
challenged Para 203.4 and not Para 203.5 of IREM Vol.-I and that the
Tribunal ... even if the respondent has
mentioned Para 203.4 in his petition, it is apparent that he challenged
para 203.5 and not 203.4 and this contention
objection raised by the Respondents who placed reliance on Para 203.5 of IREM where the employees from different streams are eligible to appear ... case as the selection was not under Para 219 (j) of IREM but was under Para 203.5 of IREM. Referring to the Railway Board letter
6519/2017 Page 4 of 8
decision, the Division Bench considered para 203.5 of the IREM,
Volume 1 quoted hereinabove, and observed, as follows ... Though Para 203.5 of IREM Vol-1
stipulates that date of appointment in the grade of
Rs.6500-10500/- will be the criteria for
determining
18th July, 2011. In the said
decision, the Division Bench considered para 203.5 of the IREM,
Volume 1 quoted hereinabove, and observed, as follows ... 6605/2017 Page 4 of 8
"xxx Though Para 203.5 of IREM Vol-1
stipulates that date of appointment in the grade
buttress their
stand. However, a specific rule namely para 203.5 of IREM which is
statutory in nature has not been followed by the respondents
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 ... category integrated
seniority list is prepared as per Para 203.5 of IREM. From the date
of appointment on non-fortitutious basis in Grade
employees from different streams of the Railways, the
provisions of para 203.5 of Indian Railway Establishment
Manual, Volume-I (IREM-I), 1989 Edition, were invoked ... employees to be included in
the zone of consideration. The said para 203.5 is extracted
below:
"Since employees from the different streams will
reply to para 7 of Counter Reply, the applicants have stated that earlier By virtue of provisions contained in para 203.5 ... present, there is no change in the said provision contained in Para 203.5 Vol.I It is further submitted that the merger of pay scale
seniority list of the Danapur
Division. The Tribunal, referring to para 203.5 of Chapter II Section
'A' of IREM 1989 Vol. I, held ... meaningless if we were to apply general
rule as contained in Para 203.5. That can never be the intention. Once
we have the special rule
seniority list of the Danapur
Division. The Tribunal, referring to para 203.5 of Chapter II Section
'A' of IREM 1989 Vol. I, held ... meaningless if we were to apply general
rule as contained in Para 203.5. That can never be the intention. Once
we have the special rule
