took a plea that Rule 334 to 341 of the
Indian Railway Establishment Code was not taken into
consideration. Such a Code ... Railway Establishment Manual is not
statutory in nature, but is a codified set of guidelines only and it is
the Indian Railway Establishment Code, which
under Rule 1313(FR 22)(I)(a)(1) of the Indian Railway Establishment Code. As the orders of the Tribunal, granting relief to the similarly ... plea of the Railways, hereunder:
..... In our view, the Tribunal had rightly interpreted Rule 1313 of the Railway Establishment Code and directed that
Railway Servant" means a Railway
servant as defined in clause 43 of Rule
103 of Volume I of the Indian Railway
Establishment Code (Fifth ... other
authority; (Emphasis supplied)
10. Rule 103 (43) of Indian Railway Establishment
Code, Volume - 1 (1985 Edition) defines "Railway Servant"
as follows
Salem Division of
Southern Railway on 8.8.2011 and 18.9.2009 respectively. In terms of Rule
229 of the Railway Establishment Code Vol.I read with Rule ... open to the President to transfer the railway
servant to any other department or railway or railway establishment
including a project
contention, a copy of the amendment dated 19.11.1999 to
the Indian Railway Establishment Code, Volume-II, 1987 adding
the Rule 1427 is enclosed as Annexure ... stated that as per the amended rule 1427
of Indian Railways Establishment Code, Volume-II (in short IREC),
a railway servant has to complete
Railway
service is post based is evident from ithe
stipulations of Rule 106, 107 and 108 of the
Indian Railway Establishment Code. Rule 106
stipulates ... junior scale officers.
The railway administration, in clear violation of
the mandate of provisions of the Indian
Railway Establishment Code, categorized the
promoiee Assistant Officers
Khushwaha has died on 01.06.2013
hence the competent authority of the Railway Administration
has decided to comply the aforesaid order of learned Tribunal
under ... rule
(7) of rule 1343(F.R.54) of the Indian Railway Establishment
Code- Volume-II."
5. Mr. Manoj Sharma, learned counsel
been fixed under Fundamental Rule 22 C (Rule 1313 of Indian
Railway Establishment Code Volume-II). The respondents had also
been granted the benefit
suspension as provided for in Rule 1345 of the
Indian Railway Establishment Code, Volume II. According to him
Annexure A1 communication received by him with
supervise the working of
the Stores. The Railway Establishment Manual
itself is a complete code in that behalf.
Merely because the Railway Administration kept ... subject to other laws and
is exclusively domestic in character. The
Railway Establishment Code is not applicable to
them. Their appointment is subject to bond