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
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
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
senior enough to be
called for selection in terms of para 203.4 and 203.5 of the IREM. The names
listed in the main and standby ... terms of
the instructions contained in Annexure R-3 and para 203.5 of IREM Vol.1.
has been prepared. Those instructions speak of integrated seniority
6500-
10500 on a non-fortuitous basis will be the
criterion.
(Para 203.5 of IREM - Indian
Railway Establishment Manual
within each group being maintained.
It is also relevant to reproduced para 203.5 as under :-
"203.5 -Where employees from different streams
are eligible ... securing between 60% marks and
79% marks graded as „Good‟ As per para 204.9, the panel
should consist of employees who had qualified
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
