https://www.taxtmi.com/caselaws?id=174845 Transfer under paragraph 5(2) of the Presidential Order does not include promotion. Paragraph 5(1) treats recruitment, appointment, seniority, promotion and transfer as distinct concepts within a local cadre, and paragraph 5(2) is only an enabling provision for specified transfers. Because Article 371-D gives the Presidential Order overriding effect, a service rule framed under Article 309 cannot extend beyond that limited transfer power or permit promotion in a manner inconsistent with the Order. The impugned Special Rules were invalid to the extent they allowed employees from the Factories and Boilers Department to be considered for promotion in the Labour Department, and the Tribunal's view was sustained. en-us Wed, 07 Nov 2001 00:00:00 +0530 Sat, 24 Oct 2015 11:51:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174845 Transfer under paragraph 5(2) of the Presidential Order does not include promotion. Paragraph 5(1) treats recruitment, appointment, seniority, promotion and transfer as distinct concepts within a local cadre, and paragraph 5(2) is only an enabling provision for specified transfers. Because Article 371-D gives the Presidential Order overriding effect, a service rule framed under Article 309 cannot extend beyond that limited transfer power or permit promotion in a manner inconsistent with the Order. The impugned Special Rules were invalid to the extent they allowed employees from the Factories and Boilers Department to be considered for promotion in the Labour Department, and the Tribunal's view was sustained. Case-Laws Indian Laws Wed, 07 Nov 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174845