- (1.) Civil Misc. Delay Condonation Application No.1 of 2018 Heard Sri Ashok Khare, learned senior counsel for the appellant. Cause shown is sufficient. The delay is condoned and the appeal shall be treated to be within time.The office shall allot a regular number to the same. Application allowed. Order on appeal
(2.) This appeal questions the correctness of the judgement of the learned single judge dated 13.08.2018 whereby the contention raised by the appellants with regard to maintaining their seniority upon transfer on compassionate basis has been held to be a transfer on the request of the employee and thereby seniority as per Clause 99.2 of the Railway Protection Force Rules 1977 has been maintained.
(3.) Sri Khare contends that the claim of seniority by the appellants is not hit by the said clause inasmuch as it is an option given by the Railway department under its circular which the appellants have a right to exercise, and the same being a matter of policy of the respondents in the interest of administration, it cannot be said that the appellants have requested for their transfers themselves. He therefore submits that even if such an option has been exercised, the same would not amount to a transfer on request and therefore not covered by clause 99.2.;