1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Misc. Civil Application (Review) No. 402/2008 in Writ Petition No. 643/2008 (decided) Pundlik Govinda Shambharkar ..vs.. The Secretary Ministry of Railway and ors. -------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------------- Mr. Walthare, Advocate for applicant/petitioner. CORAM:- S. A. BOBDE & A. B. CHAUDHARI, JJ. DATED:- JUNE 16, 2010 1. Heard learned counsel for the applicant. 2. The learned counsel for the applicant submits that there is an error apparent in the order dated 21.02.2008 and that error has occurred because counsel for the applicant was not in a position to produce the relevant Rule being Rule 306 of the Indian Railway Establishment Manual. Rule 306 reads as follows: “Candidates selected for appointment at an earlier selection shall be senior to those selected later irrespective of the dates of posting except in the case covered by paragraph 305 above.” 2 3. We find that even if the said Rules were produced before the Court, it would not help the applicant since there is a finding by the Administrative Tribunal that the applicant was never selected after actually undergoing the selection process. Rule 306 applies only to the candidates, who were selected for appointment. 4. In this view of the matter, there is no merit in the review application. The same is, therefore, dismissed. JUDGE JUDGE kahale