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
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
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
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
respective grades in the parent
Railway.
In terms of Para 203.5 of Indian Railway
Establishment Manual, Vol.I (Revised Edition
1989) promotion as Asstt
scale of `2000-
3200. It was also his plea that para 203.5 of IREM-I did not prohibit
participation of Group 'C' employees ... Sarwar Ali 's case,
having though observed that para 203.5 of IREM-I did not prohibit
consideration of Sarwari Ali for selection to Group
6500-
10500 on a non-fortuitous basis will be the
criterion.
(Para 203.5 of IREM - Indian
Railway Establishment Manual
have been reproduced in para
15 of the impugned order passed by learned Tribunal. Rules 203.5 and 204.9
are again reproduced as hereunder:-
"203.5
vacancies and above - employees equal to three times the number of vacancies.
203.5. Since employees from the different streams will be eligible to appear ... expression "non-fortuitous service" is defined in the note in para 320 of the Indian Railway Establishment Manual as follows:
"Non-fortuitous
