RAJ KISHORE VISHWAKARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants were selected and appointed as Typists by the order dated 6/8/1975. It is not disputed that the appointments were made without the appellants going through the process of selection by the Railway Service Commission. The appellants finally qualified through the Commission's selection process on 30/8/1980. The question before the central Administrative tribunal, Allahabad bench was whether the appellants are entitled to the fixation of their seniority counting their service from 1975 or 1980. The Tribunal came to the conclusion that the appellants are entitled to the fixation of their seniority from 30/8/1980 when they were selected by the Railway Service Commission.

(2.) We have heard learned counsel for the parties. As mentioned above, the appellants were appointed by the order dated 6/8/1975. Thereafter, by the circular dated October 1976 a provisional seniority list of the cadre of the Typists was circulated. In the seniority list the appellants were shown as the permanent employees of the Railways. Thereafter individual orders were addressed to the appellants in December 1977 informing them that their appointment as Typists in August 1975 was cancelled and they were to be treated as being on ad hoc basis. Thereafter, the appellants went through the selection by the Railway Service Commission and were selected on 30/8/1980.

(3.) Rules 109, 113 and 306 of Ch. 1 Section 8 of Railway Establishment Manual are as under: