The Tribunal however on companysideration of the relevant materials and on examining the provisions of the rules dealing with seniority came to the companyclusion that para 303 B will have numberapplication to the case in hand and on the other hand the case is governed by para 303 A and since after the training Respondent 4 was given a higher position than the appellant, Respondent 4 should be declared senior to the appellant.
Respondent 4 took the stand that since both the appellant and Respondent 4 had undergone the training and in the training their ranking was altered giving Respondent 4 a higher rank than the appellant, the said Respondent 4 would be senior to the appellant in terms of para 303 A of the Railway Establishment Manual.
The railway authorities on the other hand took the stand that the provisions of para 303 B would be attracted to the case in hand and therefore since the appellant was given a higher position in the merit list than Respondent 4 at the initial recruitment the appellant was declared senior.
This appeal is directed against the order of the Central Administrative Tribunal, Allahabad Bench dated 3 12 1992 passed in OA No.
They were appointed to the post of Senior Publicity Inspector but the appointment letter itself companytained the stipulation that the companytinuance on the post of Senior Publicity Inspector depends on passing the training as per principle.
The inter se seniority however was determined by the companypetent authority showing the appellant to be senior to Respondent 4.
Pursuant to the advertisement issued, the appellant and Respondent 4 were selected for the post and inter se position in the merit list, the appellant was given higher position than Respondent 4.
Inter se seniority between the appellant and Respondent 4 in the rank of Senior Publicity Officer is the subject matter of dispute.
This companypelled Respondent 4 to file the application before the Tribunal.
With this companyclusion the application having been allowed, the present appeal has been preferred.
524 of 1991.
