KUTTIYAPPAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Delay condoned.

(2.) This Special Leave Petition has been filed against the order of the central Administrative tribunal, Madras bench made on 30/1/1996 in OA No. 1470 of 1993. The admitted position is that the petitioner along with others came to be selected by internal selection for promotion under 25% quota. Undoubtedly, the process of selection was started in 1988 but the incumbents actually joined the promotional posts in October 1990. Though the process of selection for direct recruits under 25% quota reserved for the candidates from open market was started in 1989, they came to join the posts after completion of the selection process earlier to the petitioner and others in August 1990. The petitioners claimed seniority over them. The tribunal has rejected their claim. Thus, this SLP.

(3.) It is contended for the petitioners, relying upon Rule 302 read with Rule 306 of the Indian Railway Establishment Manual that since the process of selection had been made earlier to the direct recruits, the petitioner is entitled to seniority over the direct recruits since they were selected earlier to the respondents and, therefore, they should be made seniors to the direct recruits. We find no force in the contention. Rule 302 reads as under: