Rule 301 of Chapter III, as introduced by Slip 70, provides . in terms that the rules contained in the particular Chapter lay down general principles that may be followed for determining the seniority of. non-gazetted railway servants and that rules 324 to 328 of that Chapter shall apply for the purpose of detenining the seiiority and promoti<>n of non-gazetted employees of the Diesel Locom?l1ve Wo!ks. The appellant relied very strongly on rule 328 (2) wluch provides that selections and promotions made in the Diesel Locomotive Works from 1-891961 to the date on which Slip No. 70 came into force:, namely March I 1, 1973, shall not be valid. He urges tlmt this provision casts an obligation on the Railway Board to recall all promotions made from amongst Class III servants to Class P'. posts from August I - 1961 to March 11, 1973 and that therefore those who are already promoted to gazetted posts ought to be demoted and a fresh panel must be formed for selection to Class II posts from amongst employees working in Class III posts. The infirmity of this argument is that Chapter HI applies only to non-gazetted servants and to their inter se promotion and therefore the word!> "promotions made in the Diesel Locomotive Works" which occur in rule 328(2) must be construed as meaning " promotions made in the Diesel Locomotive Works from one category of non-gazetted post to another category of non-gazetted post". The same answer would effectively meet the contention of the appellant that the words "promotion to the higher grades" occurring in paragraph 328 ( 4) mean promotion to a Class II post. The words "promotion to the higher grades" must in the context mean promotion to any of the higher grades in the non-gazetted categ0ry. Rule 123 (3) of Chapter I, Section B, Railway Establishment Manual, defines "grades" as sub-divisions of a class, each bearing a different scale of pay.
