S P INDU Vs. GENERAL MANAGER METRO RAILWAY

JUDGEMENT

(1.) Leave granted.

(2.) Seniority in the post of Assistant Law Officer in the Metro Railways is in question in these appeals which arise out of a judgment and order dated 14.8.2003 passed by a Division Bench of the Calcutta High Court reversing a judgment and order dated 14.12.2001 of the Central Administrative Tribunal, Calcutta.

(3.) Appellant joined South Eastern Railways as a Clerk in the year 1964. He was transferred in public interest to Metropolitan Transport Project (Railway) in Calcutta on 17.10.1970. P.K. Gangopadhyay, the third respondent herein, was appointed as a Junior Stenographer in the South Eastern Railways on 4.2.1978. He was also transferred to the Metro Railways Calcutta on 12.5.1978. Third respondent was promoted as Law Assistant on 28.3.1979 in the scale of pay of Rs.550-750/- on an ad hoc basis. The said ad hoc promotion was regularized w.e.f. 28.3.1979. He was again promoted as Law Assistant on 10.12.1985. Appellant, while keeping his lien in the Southern Railway Administration was appointed as Chief Law Assistant in the Metro Railways n the scale of pay of Rs.700-900/- on an ad hoc basis w.e.f. 23.7.1986. Respondent was promoted as Chief Law Assistant on 28.3.1990.