GHANSHYAM SHARMA vs M/O RAILWAYS on 5 November 2026

ORDER

As Per: Ajay Pratap Singh, Member (Judicial):

1. Heard the parties at substantial length

2. The precise question that arises for our determination in the present Original Application — “Whether the service rendered as Catering Bearer in the Catering Unit in the previous Unit can be reckoned as the service rendered in the grade of the Parcel Porter on redeployment as surplus staff for determination of eligibility/seniority?” THE PRAYER

3. The applicant rendered surplus staff, redeployed and absorbed in the Commercial Department as Parcel Porter has challenged an order dt. 10.10.2023, whereby representation for placement in the provisional panel of Commercial-cum-Reservation Clerk has been rejected. So also seeking to set-aside inter-se-seniority list of Parcel Porter dated 2/5.3.2020 and restore the inter-se-seniority of Parcel Porters dated 4/5.11.2019 and also to set-aside the provisional panel dt. 18.3.2020 and grant benefits of counting service rendered before declared surplus staff for purpose of grant of seniority. Resultantly, direction is being sought to include name of the applicant in provisional panel for appointment as Commercial- UMA

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cum-Reservation Clerk in G.P. Rs. 2000, Level-3 with all consequential benefits. FACTS IN BRIEF

4. The facts in a nutshell relevant and essential for the disposal of the present OA are as under —

5. Applicant was initially appointed on 12.2.2013 and posted as Catering Bearer, Level-1 in Grade Pay Rs.1800, in Group D in the Catering Unit of the Commercial Department, Agra Division, North Central Railway, Agra.

6. Railway Board has decided to implement new Catering policy dt. 11.10.2017 to curtail role of Zonal Railways in catering area and Group D staff thus rendered surplus to be deployed against existing equivalent vacancies.

7. The D.R.M. (Personnel), Agra Division, has issued office order dt.935/2018 dated 5.10.2018 to ensure implementation of Railway Board Policy dt.11.10.2017 and declared the Catering Bearer, Group D Staff, sanctioned posts of 18 as surplus and on redeployment in Commercial Department, absorbed the applicant in the post of Parcel Porter in G.P. Rs.1800 at Agra Cantt and posted with immediate effect.

8. Respondent no.4 has issued notification dated 21.8.2019 under 33 1/3% Departmental Promotion Quota for the post of Commerce-cum- Reservation clerk (in short CCRC) in G.P. Rs 2000, Level-3 for erstwhile Group 'D' G.P. Rs.1800 employees of Commerce and Operating department. Thereafter vide communication dt.4.12.2019 (Annexure A-8) UMA

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issued a list of eligible candidates and name of the applicant placed at serial no. 25. Applicant appeared in the exam and obtained above benchmarks.

9. Respondents have issued seniority list dt.1.2.2020 of Commercial Parcel Porter G.P. Rs.1800 of Agra Division, shown date of appointment as 12.2.2013 (Annexure A-10).

10. Respondents have issued impugned inter-se-seniority list dated 2.3.2020 (Annexure A-2) for selection to post of CCRC under 33 1/3% Departmental Promotion Quota and the applicant name finds placed at serial no. 83, as fresh entrant in the cadre of Parcel Porter after redeployment as surplus Catering staff.

11. Respondents have issued impugned provisional panel dt.18.3.2020 (Annexure A-3). Applicant has alleged that respondents have illegally modified impugned inter-se-seniority list dt.1.2.2020 for CCRC-under 33 1/3% Deptt. Promotion Quota and deprived him seniority of service in old unit rendered as Catering Bearer prior to redeployed as surplus staff as Parcel Porter, placing him at bottom seniority list of Parcel Porter Cadre as fresh entrant.

12. Respondent no.4 has issued impugned order dt. 22.6.2020 and dated 10.10.2023, whereby informed the applicant that he was appointed in Commercial Department on 12.2.2013 as Catering Bearer in G.P. Rs 1800 and in terms of Railway Board Policy decision dt.11.10.2017, declared surplus staff and redeployed as Parcel Porter, Agra Cantt. under Commerce Department vide order dt.5.10.2018. The surplus employees on UMA

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being redeployed would not be entitled to seniority of old post and being treated as fresh face since date of redeployment in terms of Para 313-A of IREM-Vol-I.

13. Applicant approached in O.A. No.1433/2020 decided vide order dt. 20.7.2023 with direction to consider and decide fresh representation. Thereafter respondent no.4 has issued impugned order dt.10.10.2023.

14. Per-contra, the official respondents have filed counter reply affidavit stating that surplus staff absorbed in other unit/department vide RBE No.105/2004 and Para 313-A of IREM-I and in light of Hon'ble Supreme Court direction that surplus staff absorbed in other unit/department would not be entitled to count the service rendered by them in the parent cadre for purpose of promotion and seniority. So also averred that selection of CCRC in GP Rs.2000 under 33 1/3% departmental promotion quota, the candidates placed on select panel based on seniority. There is no illegality in impugned provisional panel dt.18.3.2020 (Annexure A-3) prepared accordance with seniority and no junior to applicant in Parcel Porter cadre placed in it.

15. Rejoinder, has been filed by the applicant reiterating stand taken in the OA and denied the averments made in the counter reply.

SUBMISSIONS

16. Learned Counsel for the applicant argued and can be summarised as under -

(i) Applicants was not redeployed consequent upon closure/transfer of a departmental catering establishments. He was compulsorily redeployed UMA

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by the Railways without any break in administrative interest in same Commercial department. Applicant was admittedly redeployed pursuant to Railway Board Policy dated 11.10.2017, which provides for immediate redeployment against existing vacancies. Para 313-A of IREM-Volume-I cannot be read in isolation to RBE No. 105/2004, which makes distinction between a large and small number of the surplus employees. The cases of large number of surplus employees and as per clause (ii) of Para 1 of RBE No. 105/2004, they were to be given full seniority and clause (ii) of para 1 has been kept unaltered. Hence Para 313-A of IREM-I and clause

(ii) of Para 1 of RBE No. 105/2004, be read harmoniously and applicant is entitled for counting service rendered prior to declared as surplus for purposes of seniority and promotion in the new absorbing unit.

(ii) So also applicant is entitled for counting service rendered prior to declared surplus in view of Note II of Para 313-A of IREM-I on redeployment inter-se seniority of surplus employees would remain same as in previous unit.

(iii) Respondents have rightly prepared eligibility list for 33 1/3 % quota exam for CCRC on 4.12.2019 and placed rightly, the applicant at Serial no.25 based on initial date of appointment i.e. 12.2.2013. So also correctly uploaded Parcel-Porter seniority list on 1.2.2020 and placed at serial no.27, based on his original appointment in catering cadre. But, the respondents have, arbitrarily casted impugned inter-se-seniority list dt. 2.3.2020 and placed at serial no. 83 and based on faulty inter-se-seniority list dt. 2.3.2020, the applicant not included in panel dt.18.3.2020. UMA

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Applicant‘s seniority in cadre of Parcel Porter should be counted from date of initial appointment as Catering Bearer.

(iv) Rule 320 of IREM-Vol. I, provides that where a post is filled by considering staff belonging to different seniority units the total length of continuous service in the same or equivalent grade shall be determining factor for inter-se-seniority. Hence, the applicant entitled for reckoning service rendered since initial date of appointment in the same grade.

(v) In case of Anand Chandra Dash versus State of Orissa, (1998) 2 SCC 560, in redeployment of Railway surplus under redeployment schemes, the seniority from initial appointment cannot be disregarded.

17. Shri Archit Vasudeva, learned Senior Panel Counsel appearing for the official respondents, strenuously supported the impugned orders and inter-se-seniority dated 2/5.3.2020 in consonance with service rule, Para 313-A of IREM-Vol-I – Assignment of Seniority to redeployment surplus staff to be treated as fresh entrants in the matter of seniority and promotion. He advanced the following submissions —

(i) Applicant was initially appointed as Catering Bearer in G.P. Rs 1800 in Group D, Catering Unit of Commerce Deptt, Agra Cantt. and as per Railway Board Policy decision dated 11.10.2017, all Group D staff of Catering area was declared surplus staff and to be redeployed, sympathetically, instead of terminating the services becoming surplus.

(ii) Applicant accepted the appointment on redeployment as surplus staff vide order dt.5.10.2018. Applicant was absorbed as fresh entrant in UMA

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the other unit of Commerce Department in the post of Parcel Porter, Agra Cantt. Applicant has been given all other benefits except the benefits of past service of old unit for the purpose of seniority. This being policy decision to declare surplus and seniority of the applicant has been computed in accordance with service rule provided in Para 313-A of IREM-Vol-I – Assignment of seniority to redeployment surplus staff to be treated as fresh entrant in the matter of seniority and promotion.

(iii) Applicant claim is for counting service rendered in old unit of catering as Catering Bearer to be added on surplus staff declared and redeployed in new unit – as Parcel Porter. In service Jurisprudence, the service rendered in old unit cannot be counted on surplus staff, posted on redeployment in new unit for seniority.

(iv) The applicant is claiming seniority by counting of service rendered prior to redeployment on surplus staff. Seniority cannot be claimed as vested or accrued right and seniority is to be computed as per service Rule Para 313-A of IREM-I, as fresh entrant in the redeployment on being surplus staff.

(v) Hon'ble Supreme Court in case of Dinesh D Panchal & Ors versus Union of India in Civil Appeal No. 5498 of 2012, vide judgment dated 1.5.2025 has in similar legal issue dealt with Paragraph 313-A of IREM-Vol-I and has held that surplus employees are not entitled for benefits of the past service rendered in the previous units/department for the purpose of their seniority in the new unit/deptt. Such employees are to be treated as fresh entrants in the matter of their seniority, promotion. UMA

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(vi) The issue involved in present OA is no more res-integra and covered in light of law laid down in case of Dinesh D Panchal (Supra) by Hon'ble Supreme Court, hence the present OA deserved to be dismissed. ANALYSIS AND REASONS

18. We have bestowed our anxious considerations on the rival contentions of learned counsel for the parties and perused the material placed on record as well as considered the precedents relied.

19. Admitted facts are that the applicant was initially appointed on 12.2.2013 in the post of Catering Bear er, level- 1, in Grade Pay Rs.1800, as Group D Catering staff in Catering unit, Commercial Department, Agra Division, North Central Railway. Railway Board has taken a policy decision dated 11.10.2017 to curtail Group D Catering staff, rendered as surplus to be redeployed against existing equivalent vacancies. DRM(P) vide order dated 5.10.2018, declared the applicant surplus staff and redeployed in post of Parcel Porter in Commercial Department and posted in office of Parcel office. Applicant has accepted the appointment as Parcel Porter pursuant to policy decision to implement Catering Policy dt.11.10.2017.

20. The issue arises for our consideration is — "whether service rendered by the applicant in old unit as Catering Bearer can be counted in the grade of Parcel-Porter, redeployed as surplus staff for determination of seniority, promotion in light of Rule 313-A of IREM-Vol- UMA

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I, for assignment of seniority to redeployment of surplus staff as fresh entrants?" RULE OF LAW

21. To appreciate the issue arising in the present OA, it will be necessary to notice the relevant existing service rule, provision governing assignment of seniority to redeployed surplus staff. (A) Now we may refer to RB/Estt. No. 105/2004 dated 25.5.2004 — “Sub: Assignment of seniority to redeployed surplus staff.

In terms of instructions contained in this Ministry‘s letter No. E(NG)II-84/RE1/10 dated 21-04-1989 and reiterated in their letter No. E(MPP)/99/1/75 dated 28-11-2000 seniority of surplus staff absorbed in other units/departments is determined as follows:-

(i) When only a small number of staff is being rendered surplus and they have to be absorbed in various units of other departments against vacancies of duly sanctioned posts, they can be suitably adjusted in those units with their full seniority and their seniority merged in the respective units.

(ii) When a large number of staff is being rendered surplus and they are absorbed in new units, they should be given their full seniority but kept in a separate block against special supernumerary posts in consultation with the Unions so that they seek promotion separately as per percentage applicable to them, in their original cadre and the existing staff in the absorbing unit are also not adversely affected.

2. CAT/Jodhpur in their recent judgement dated 24-12-1999 in OA No.165/98 – Shri Surinder Prakash and others vs. Union of India and others and another dated 05-01-2000 in OA. No. 489/94 - Indian Railways Ticket Checking Staff Association and another Vs. Union of India and Ors. have allowed the applications filed by the Railway employees against the procedure of allowing full seniority to surplus staff on their absorption to another cadre. These judgements were based upon the judgement dated 29-07-1988 of Hon‘ble Supreme Court in C.A. No.2530/81 and 1730/87 in the case of South Eastern Railway and Ors. Vs. Ram Narain Singh and UMA

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Ors. and also the judgement dated 18-11-1980 in the case of Ramakant Chaturvedi and Ors. Vs. Divisional Supdt., Northern Railway, Moradabad and Ors. – 1980 (Supp) (SCC) 621. A copy of Apex Court‘s judgement dated 18-11-1980 was circulated to the Railways vide this Ministry‘s letter No.E(NG)I-80/PM1/292 dated 16-03-1981 for information and guidance. In the civil side matters also, Hon’ble Supreme Court have given the directions that surplus staff absorbed in other cadres/departments will not count the service rendered by them in the parent cadre/department for the purpose of seniority and promotion.

3. In light of the above, the question of review of instructions regulating seniority of surplus staff on their absorption in the new cadre/Deptt. has been considered by this Ministry. The views of both the recognised Federations have also been obtained and taken into account. It has been decided that the service rendered by the surplus staff prior to redeployment will not count for seniority and promotion in the absorbing unit. To this extent Item (i) of para 1 above stands modified. Other stipulations in the existing instructions including the one referred to in (ii) of para 1 above will remain unaltered. 3.1 Indian Railway Establishment Manual, 1989 may also be amended as per Advance Correction Slip No 159 enclosed. 3.2 Past cases decided otherwise will not be reopened. Please acknowledge receipt.‖

[Emphasis Supplied] (B) As provided in RB/Estt. No.105/2004, paragraph 313-A was inserted into Indian Railway Establishment Manual, Volume-I (Revised Edition 1989), Paragraph 313-A reads as – ―313A: Assignment of seniority to redeployed surplus staff : The surplus employees are not entitled for benefit of the past service rendered in the previous unit/department for the purpose of their seniority in the new unit/department. Such employees are to be treated as fresh entrants in the matter of their seniority, promotions etc. Note I: When two or more surplus employees of a particular grade in a unit/department are selected on different dates for absorption in a grade in another unit/department, their inter-se seniority in the latter unit/department will be same as in their previous unit/department provided that – UMA

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(i) no direct recruit has been selected for appointment to that grade in between these dates; and

(ii) no promotee has been approved for appointment to that grade between these dates. Note II: When two or more surplus employees of a particular grade in a unit/department are simultaneously selected for redeployment in another unit/department in a grade, their inter-se seniority in the particular grade, on redeployment in the latter unit/department, would be the same as in their previous unit/department.‖

[Emphasis Supplied]

22. The Service Rules, RB Estt. No. 105/2004 dated 25.5.2004 and Paragraph 313-A of IREM-I (1989 Revised Edition) as extracted hereinabove, provide the legal position with regard to determination of seniority to redeployed surplus staff as is the case of the applicant. Applicant has accepted the appointment on declared as surplus and redeployed on the different post in another unit of Commercial Department in equivalent grade pay.

23. The service rules for determination of seniority to redeployed surplus staff, as evident from Paragraph 313-A, of IREM-I, is clear as noon-day that the surplus employees are not entitled for benefit of the past service rendered in the previous unit or department for the purpose of their seniority in new unit. The service rule, therein provides that redeployed surplus staff to be treated as fresh appointee in the matter of their seniority, promotions.

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24. In Union of India and Others Versus K. Savitri and Others, (1998) 4 SCC 350 Their Lordships held – ―Benefit of service rendered in previous organisation is not permissible under these provisions, for fixation of seniority in the organisation where surplus staff is redeployed. Hence, such service, cannot be considered as the service rendered “in the grade” of the post on which surplus staff is redeployed. Such service cannot therefore also be counted for determination of eligibility for further promotion.‖[Para 8 to 10]

[Emphasis Supplied]

25. In case of Ashok Kumar Gupta versus State of U.P. reported in (1997) 5 SCC 201. Their Lordship's held that seniority is governed by the existing rules and is required to be worked out accordingly. The Rule merely affecting the chances of promotion cannot be regarded as varying the conditions of service. 'Chances of promotion are not conditions of service.' A rule which merely affects the changes of promotion does not amount to change in the conditions of service.

26. A. K. Bhatnagar versus Union of India (1991) 1 SCC 544 relied in Dhole Govind Saheb Rao V S.O.I (2015) 4 SCALE 259. Hon'ble Supreme Court held that seniority is an incidence of service and where the service rules prescribes the method of its computation it is squarely governed by such rules. UMA

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27. It is well settled in law that no one can claim to particular rank in seniority unless governed by rules having statutory force. In absence of any specific rule, the seniority amongst persons holding similar posts in the same cadre has to be determined on the basis of the length of service and not on any other fortuitous circumstances.

28. Now coming again to the case in our hand. Applicant was initially posted on 12.2.2013 on the post of Catering Bearer, Level-1, in Grade Pay Rs.1800, Group D staff in the Catering Unit of Commercial Department, Agra Division, North Central Railway.

29. Railway has taken policy decision dated 11.10.2017 to implement new catering policy and decided to curtail the Catering staff and Group D staff rendered surplus to be redeployed against existence equivalent vacancies.

30. Pursuant to policy decision dt.11-10-2017, the Sr. D.P.O, NCR, Agra Division declared the catering Bearers, 18 posts as surplus including the applicant and posted on redeployment, fresh as new appointment and absorbed in post of Parcel Porter in G.P. Rs.1800 and posted in Commercial Department, NCR, Agra Cantt.

31. Notification dt. 21.8.2019 issued for promotion under 33 1/3% departmental quota for posts of CCRC in Grade Pay Rs. 2000, Level-3, from erstwhile employees, Group D staff from Commercial and Operating department. The applicant name is at serial no. 25 in the eligibility list dt. 4.12.2019 (Annex A-8) for CCRC in G.P. Rs 2000 under 33 1/3% UMA

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departmental quota and on face of record it is not the inter-se-seniority list for CCRC.

32. Sr. D.P.O. issued impugned inter-se-seniority list dated 2.3.2020 (Annex A-2) for selection to the posts of CCRC in G.P. Rs. 2000, under 33 1/3% departmental quota pursuant to notification dt.21.8.2019. Applicant's name finds placed in serial no.83 in impugned inter-se seniority list dt. 2.3.2020, amongst Group D category employees in G.P. Rs. 1800, Level-1 from Commercial and Operating department.

33. The grievance of the applicant is that he has been placed in the impugned inter-se-seniority list dated 2.3.2020 at serial no.83, as surplus employee enblock below the regularly appointed employees in new cadre of Parcel Porter, Commercial Deptt., ignoring period of service rendered in old-unit in Catering Unit as Catering Bearer since 1/2.2.2013. Applicant has been treated as fresh entrant in cadre of Parcel Porter on redeployment. The impugned provisional panel dt. 18.3.2020, (Annexure A-3) casted based on faulty inter-se-seniority list dt. 2.3.2020 and applicant is seeking counting of service rendered in old unit as Catering Bearer w.e.f. 12.2.2013 to be treated and counted as service for new post of Parcel Porter on declared surplus and redeployed.

34. We are of the considered opinion that the applicant has been declared surplus vide Policy dt.11.10.2017 and consequential order dated 5.10.2018 and redeployed as fresh entrant within Commercial Department but in different unit on the post of Parcel Porter in Commercial Parcel Porter GP Rs.1800 cadre of Agra Division. Paragraph 313 A of IREM- UMA

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Vol.-I, provides that surplus employees are not entitled for benefits of past service rendered in the previous units/department for the purpose of their seniority in the new unit and such employees are to be treated as fresh entrants in the matter of their seniority, promotion. We find no merit in the present OA and deserves to be dismissed.

35. Similarly, in case of Dinesh D. Panchal (supra), Hon'ble Supreme Court while dealing with identical issue of grant of seniority to surplus-railway employee - Their Lordships held that Paragraph 313 A, provided that surplus employees are not entitled for benefits of the past service rendered in previous unit/department for the purpose of their seniority in the new department and such persons are to be treated as fresh entrants in the department. Therefore, those who have been rendered surplus in Bhavnagar Division cannot have a grievance if they were to go to the bottom of seniority.

36. Balbir Sardana versus Union of India, in C.A. No. 628/88, vide judgment dated 29.1.1992, Hon'ble Supreme Court observed that "as seen, condition of appointment is that his past service will not be counted for his seniority in the re-employment post. All other benefits were given except the benefit of past service for purpose of seniority. It is obvious that the surplus staff were appointed as fresh candidates and if the seniority is given to them on the basis of their past service, then the existing employees in the department would nurse grievance of loss of their seniority due to the others coming in midstream. As a result, the Govt. considered the proposal and the Ministry of Home Affairs have expressly UMA

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denied the counting of past service towards seniority. This being a policy decision, we do not find any compelling reason to direct the Govt. to reconsider the matter and treat the appellant as a continuing officer from the time of his initial appointment till the date of re-employment on temporary basis in CPWD."

37. The first contention of the learned counsel for the applicant is that Para 313-A of IREM-I and clause (ii) of Para 1 of RBE No.105/2004 be read harmoniously to grant benefits of previous service for purpose of seniority. The clause (ii) of Para 1 of said RBE is not attracted in the case of the applicant as the applicant never have been kept in a separate block on special supernumerary posts but absorbed on equivalent vacancy in new Cadre of Parcel Porter in same grade pay. Office Order No. 935/2018 dated 5-10-2018 issued in compliance of policy dt.11-10-2017 clearly provides that on being declared surplus staff, the 18 sanctioned posts of Catering Bearers being surplus, the applicant was absorbed on redeployment in Parcel Unit of the Commercial Deptt. on fresh appointment on the post of Parcel Porter. Hence, the applicant being redeployed surplus staff, the seniority in inter-se-seniority list dt.2.3.2020 for selection to CCRC and consequential provisional panel dt. 18.3.2020 has been drawn, based on Para 313-A of IREM-I for casting seniority and the first contention of the applicant fails.

38. So far as the second contention of the applicant that his past service deserve to be counted in new unit on redeployment of surplus-staff based on Note II of Para 313-A of IREM-I: We have extracted the Note-II of UMA

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Para 313-A. Note-II-envisaged when there is dispute amongst the surplus employees of inter-se-seniority in latter unit/deptt. on redeployment. Admittedly, this case of the present applicant in our hand is not to resolve issue of dispute amongst surplus staff of Catering Unit. The applicant has failed to show any provision to count service rendered before redeployment on being declared surplus and absorbed on equivalent post to be counted service as in new post. The second contention also fails being without any merit.

39. Third contention that seniority list dt.4.12.2019 is correctly prepared and rightly placed applicant at serial no-25 in list of eligible candidates and be treated as correct inter-se-seniority for preparing the provisional panel dt. 18.3.2020 for post of CCRC under 33 1/3% under departmental promotion quota. The fact of the matter the notification dt.21.8.2019 for 33 1/3% deptt. promotion quota for selection to CCRC posts in GP Rs.2000, was issued and eligibility criteria for Group D staff of Commercial and Operating deptt. (except Group D staff of Catering Deptt.) was issued. Applicant participated being Parcel-Porter in Commercial Deptt, absorbed on 5.10.2018 after declared surplus. Hence eligibility list dt.4.12.2019 or list as on 1.2.2020 is not based on feeder cadres and hence same is not the inter-se-seniority lists prepared for selection for CCRC in G.P. Rs. 2000. In our considered opinion it is almost well-settled that while determining the inter-se-seniority amongst Group D staff in G.P. Rs. 1800 for next promotion as in the case in our hand, under 33 1/3% deptt. quota, Group D staff from different equivalent posts in GP Rs.1800 is participating in selection. The date of entering in UMA

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the service is relevant. A person who enters in the service first shall rank senior unless some rule provide otherwise.

40. Applicant is feeling mainly aggrieved and dissatisfied by impugned provisional panel dated 18.3.2020 for CCRC Level-3, G.P. Rs.2000 under 33 1/3 % deptt. promotion quota, based on impugned inter-se seniority dt.2.3.2020, to the extent placing Parcel Porters similarly placed Group D staff, namely, the private respondents no.5 to 23, appointee of 2012–2015, counting their service from the initial date of their appointment on substantive posts and applicant as fresh entrant of year 2017 as on date of policy dt.11.10.2017 of declaring surplus and redeployed.

41. Applying the service rules Paragraph 313-A of IREM-I, the surplus employee i.e. applicant appointed and absorbed on redeployment on new post of Parcel Porter, not entitled for benefits of the past service rendered as Catering Bearer in Catering Unit, Commercial department from 12.2.2013 till 11.10.2017. We are of the considered opinion that in light of Para 313-A of IREM-I, applicant is not entitled for counting service of past unit or old post in catering unit. The third contention being contrary to provision para 313 A of IREM-1 and RBE No.105/2004 dt.25.05.2004 and also fails being devoid of merits.

42. The fourth limb of the argument of the applicant to cast inter-se- seniority taking into total length of continuous service for inter-se- seniority in light of Rule 320 of IREM-I. Applicant has been declared surplus catering staff pursuant to Railway Board Policy dated 11-10-2017 and re-employed and absorbed as Parcel-Porter, as fresh entrant w.e.f. UMA

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11.10.2017 for purpose of his seniority in Para 313-A of IREM-I and inter-se-seniority dt.2.3.2020 rightly casted based on fresh appointee as surplus staff and redeployed. The total length of service in Parcel Porter- grade has been rightly taken up for inter-se-seniority. The fourth contention also miserably fails and deserves to be rejected.

43. Reliance is placed by learned counsel for the applicant on judgment in case of Anand Chandra Dash (supra). Admittedly, the said judgment is not reference to the Paragraph 313-A of IREM-I, and it is well settled in service jurisprudence, the judgment should be understood with reference to particular service rules governing the case. The judgment in case of Anand Chandra Dash (supra) is not applicable in the different facts and rule of law and is of no help to the applicant.

CONCLUSION

44. For all the reasons stated herein above, we decide the issue in favour of respondents and against the applicant and uphold the impugned orders.

45. Consequently, the present Original Application being devoid of merits and hereby dismissed.

46. There shall be no order as to costs. 47 . As a sequal thereof, pending Misc. Application(s), if any, shall also stand dismissed.

(Ajay Pratap Singh) (Sanjeeva Kumar) Member (J) Member (A)

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