MITHILESH KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) WE heard Mr. Binod Kanth, Senior Advocate for the petitioners. He, in answer to our query, submits that petitioners lien in the parent department has been extinguished. Reliance, in this connection, is placed by him on Rule 311 of Indian Railways Establishment Manual.

(2.) RULE 311 reads thus: - "311. Transfer in the interest of Administration. -Seniority of railway servants on transfer from one cadre to another in the interest of the administration is regulated by the date of promotion/date of appointment to the grade as the case may be." What is provided in Rule 311 is that in the case of transfer in the interest of administration, inter alia, the seniority based on the date of appointment to the grade is to be protected. By this rule, it cannot be inferred that the petitioners ' lien, in the parent department, got extinguished on their transfer. We find ourselves in agreement with the view of the tribunal as reflected in paragraphs 6 and 7 of the impugned order.

(3.) THE consideration of the matter by the Tribunal cannot be said to suffer from any legal flaw.