K K M NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is a sequel to the chequered litigation, over a period of two decades, between members of the Indian Ordnance Factories Class III Service (the Service). The first round of litigation was concluded in favour of K.K.M. Nair and others, the appellants, on July 28, 1986 when the special leave petitions filed by the Union of India, against the judgment of Madhya Pradesh High Court were dismissed by this Court. As a consequence the Director General Ordnance Factories (DG) issued an order dated February 20/25, 1987 granting benefits to the appellants towards seniority in different grades of the Service. S. K. Chattopadhyay and others, the respondents, who were not parties to the earlier litigation, challenged the order dated February 20/25, 1987 before the Central Administrative Tribunal. The Tribunal by its judgment dated February 14, 1991 allowed the application of S.K. Chattopadhyay and others and set aside the order dated February 20/25, 1987. This appeal by K.K.M.Nair and others is against the judgment of the Central Administrative Tribunal, Jabalpur.

(3.) The recruitment and seniority of the members of the Service are governed by the statutory rules called "Indian Ordnance Factories (Recruitment and Conditions of Service of Class III Personnel) Rules, 1956 (the Rules). Rules 3(1), 8 and 12 of the Rules which are relevant are reproduced hereunder: