NIRANJAN PRASAD SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal the two appellants have assailed the order dated 26-5-1995 passed by the Central Administrative Tribunal, Patna. The Tribunal rejected the prayer of the appellants for quashing the seniority list issued by the Senior Divisional Personnel Officer (Danapur Division) Danapur, Patna.

(2.) Initially the appellants were appointed as Cleaners in Eastern Railway (Danapur Division), Danapur and thereafter promoted to post of Fireman Grade C. On 11-10-1985 they were promoted to the post of Fireman Grade B. The Railway Administration decided to restructure the posts of Fireman and accordingly on 25-6-1985, the Railway Board issued a circular and as a result of such restructuring the appellants became Fireman Grade A with effect from 1-1-1986. This restructuring was done as a sequel to the report of the Pay Revision Commission. After the appellants were so posted as Fireman Grade A, the respondents held written examinations on different dates. On the basis of the results of the said examinations, 31 persons were promoted from Grade B to Grade A on 6-8-1985 and thereafter 23 and 31 more persons were so promoted on 7-2-1986 and on 8-7-1986. The appellants have alleged that as they were promoted as Fireman Grade A prior to the promotions of the above persons after written examination, the promotees could not have been shown senior to the appellants in the seniority list as has been done by the impugned list. It is not disputed that all along the appellants were senior to the promotees in all Grades and in fact in the earlier seniority list for Fireman Grade A, the appellants were shown senior to the above promotees. However, this seniority list was changed by the impugned seniority list by placing the appellants below the promotees which was challenged before the Tribunal. The Tribunal upheld the impugned seniority list. Hence, the present appeal.

(3.) The stand of the respondent was that by the circular of the Railway Board dated 25-6-1985 for restructuring of the above posts, the Board only conveyed a general decision but keeping in view fast technological changes, the respondents in order to find out more efficient persons for promotion conducted written examinations on the basis of the earlier circular of the Railway Board dated 17-12-1982 and as the promotees qualified through written test, they were placed senior to the appellants.