UNION OF INDIA Vs. RAJENDRA PRASAD YADAV

JUDGEMENT

(1.) What should be the criteria for fixing seniority of the incumbents brought from different seniority group in a newly created cadre, is the issue which crops up for consideration in the writ petition directed against the order dated 30.11.2007 passed by the Central Administrative Tribunal, Jabalpur Bench Jabalpur in Original Application No. 656/2005; (i) Whether the seniority should be from the date the incumbent held the substantive post in the parent cadre; (ii) whether the seniority should be from the date when the incumbent reports the joining in new cadre, or (iii) Whether the seniority should be from the date the cadre is closed; are the off shoots of the main issue.

(2.) The facts relevant are that with the formation of Traction Rolling Stock (for Short TRS) in Electrical Loco Shed ,New Katni Junction presently West Central Railway (previously Central Railways) need arose to fill in 216 group D posts, for that applications were invited from eligible group D employees of Jabalpur Division, Central Railway (presently West Central Railway), vide letter dated 11.7.1996 on the following terms:

(3.) That, with formation of TRS in Electric Loco shed, the Railway Administration decided to close the steam Loco Shed and further decided to absorb the employees of steam loco shed in the Electric loco shed. The terms and condition remained the same as was stipulated vide letter dated 11.7.1996.