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1998 Supreme(SC) 481

S.P.KURDUKAR, G.B.PATTANAIK
Prem Kumar Verma – Appellant
Versus
Union Of India – Respondent


Judgment

Pattanaik, J.-This appeal is directed against the order of the Cen­tral Administrative Tribunal, Chandigarh Bench dated 20th October, 1995, in O.A. No. 470 of 1994. The question for consideration is whether the inter se seniority of the appellants had been rightly determined by the Railway Authorities as per Para 303(a) of the Rail­way Establishment Manual (hereinafter referred to as ‘the Manual’) and was illegally interfered with by the Tribunal on the basis of a provi­sion which came into existence subsequently.

2. Admittedly, vacancy arose in the post of Depot Store Keeper Grade III in Rail Coach Factory, Kapurthala, in July 1989, and advertisement inviting applications for the said posts had been issued by the Compe­tent Authority. The Railway Recruitment Board Jammu Tawi selected 29 candidates on 11.7.89. Under the Rules the candidates are required to undergo training. The 29 candidates thus selected, were sent for training in four different batches and after completion of their training started discharging their duties as Depot Store Keeper. The Railway Authorities drew up the seniority list of the said 20 Depot Store Keepers in accordance with Para 303(a) of the Manua


















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