A. UNNIKRISHNAN Vs. P. MANOHARAN

JUDGEMENT

(1.) Two Transferred Applications (T.A.) by the respondents, were considered by a common order, challenged in these Original Petitions (OP). We notice that each of the respondents in the TA's have filed only one OP from the common order of the Tribunal. Two petitioners say they are concerned with only the order passed in T.A. No. 747 of 2012. One petitioner submits he has challenged the common order by one O.P.

(2.) The brief facts are to be noticed and we refer the parties from the T.A's. T.A. No. 4052 of 2012 was filed by the applicants claiming that they are seniors to the respondents and are enabled to seek for promotion to the post of Manager Grade-III. The applicants were denied such promotions only on the basis of their appointment as Information Assistants. The applicants claimed that their appointments as Information Assistants were temporary and that they retained their lien in the cadre of UDC; which was accepted by this Court in O.P. No. 20331 of 1998. In such circumstances, the Tribunal directed the applicants to be given their due seniority in the cadre of UDC for considering their claim for promotion. The Government itself undertook in the reply affidavit that the seniority of the applicants will be preserved in the Managerial cadre also.

(3.) O.P. No. 747 of 2012 was filed since for further promotion from Manager Grade-III, the applicants were required to complete probation. The declaration of probation could not be finalised, because of having not been deputed for training. The disability arose only because of the delay in fixing their seniority, which was fixed by the earlier T.A. By the time the T.A. was disposed of training was undertaken and the promotions were granted, but the same had to be predated in accordance with their seniority. The Tribunal found that the claim for restoration of seniority in the cadre of UDC having been granted in the other T.A. and that too on the basis of the undertaking of the Government that their seniority would be preserved in the Managerial Wing, which was also recorded; the applicants seniority was liable to be preserved throughout.