UNION OF INDIA; CHIEF PERSONAL OFFICER, SOUTH WESTERN RAILWAY BANGALORE DIVISION Vs. NAIRUTHYA RAILWAY; NARAYANAGOWDA S/O ANNAIAH; RAJANNA MAJOR

JUDGEMENT

(1.) This writ petition by the Union of India represented by its General Manager, South Western Railways and other Officials of the South Western Railways, is questioning the legality of the order passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore, dated 17.8.2012 in OA No.171/2010.

(2.) Respondents 1 and 2 figured as applicants before the Tribunal and petitioners while figured as respondents 1 to 3, third respondent in this writ petition a fellow worker of the first respondent working as Mason Grade-I which is also the same post as that of the second respondent figured as fourth respondent in the application.

(3.) The application before the Tribunal by the respondents 1 and 2 was to re-fix inter se seniority in the Mason Grade-I on the premise that the second applicant before the Tribunal and the second respondent in this writ petition was a person who had been appointed as Mason on 20.3.1980 and had in due course of time promoted as Mason Grade-III, Mason Grade-II, Mason Grade-I in the years 1992, 1996 and 2006 respectively. But, the third respondent in this writ petition and fourth respondent in the application before the Tribunal, one by name Rajanna who had entered service as Mason and who had been appointed as Mason in the year 1982 had been shown higher in the seniority list and had all along been shown like that and had obtained promotions earlier to the second applicant before the Tribunal though he was Junior to the second applicant. It is the provisional inter se seniority list of Mason Grade-I which had been published on 1.10.2003 wherein name of the applicants before the Tribunal was shown below that of fourth respondent before the Tribunal though he had joined service earlier etc.