S C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have assailed order dated 11th April, 2002 passed by Central Administrative tribunal, Jabalpur in O. A. No. 479/94.

(2.) THE facts briefly stated indicate that the petitioners prayed before the tribunal to quash the seniority list (A. 1) dated 11. 4. 94/4. 7. 94 and for quashment of promotion order (A. 2) dated 26. 7. 94 relating to respondents no. 4 to 12 and 16 to 20. The petitioners submitted that they were directly recruited to the post of Assistant driver/ Diesel Assistant in the pay scale of rs. 950-1500/-on different dates in the year 1988, 1989 and 1990. Subsequently they were transferred to Bhopal Division on the basis of their own request/ mutual basis. Petitioners submitted that respondents no. 4 to 55 were also working as assistant Driver/ Diesel Assistant/ Firemen-II in the pay scale of Rs. 950-1500/-in Bhopal Division but they were shown junior to them in the seniority list (A. 4 ). In the seniority list (A. 3)dated 1. 3. 93 the petitioners were assigned correct seniority and they were shown senior to respondents no. 4 to 55 as their recruitment to the post of Diesel Assistant was subsequent in point of time. They were selected pursuant to the notice (A. 6) circulated on 29. 4. 92. They were empaneled on 7. 10. 92 as per (A. 8 ). Later on they were given seniority as Diesel Assistant w. e. f. 13. 2. 90 in the seniority list (A. 1) dated 4. 7. 94. The petitioners were transferred to Bhopal division on different dates in the year 1990, 1991 and 1992. It is submitted that post of Diesel assistant/ Assistant Driver was selection post and selection was on the basis of written test, interview conducted by duly constituted committee as per the Recruitment rules, as such seniority could not have been given to respondents no. 4 to 55 before 4. 12. 92. It was not known to the petitioners on what basis proforma seniority was given from 13. 2. 90. Respondents no. 4 to 55 never participated in the selection held prior to 1992. If some of them participated, they had not fared well.

(3.) IN the return/ additional return filed by respondents no. 1 to 3 before the tribunal it was contended that respondents no. 4 to 55 were eligible for consideration for selection to the post of Diesel Assistant as per notification dated 28. 7. 1989 (A. 1 = R. 1); as they were not considered, however, they were regularized as diesel Assistant in a subsequent selection, they were given proforma seniority with effect from their due date. Settlement was reached in joint meeting of the recognized unions, as per that impugned seniority list was prepared. Six of the respondents had applied for the selection, however, remaining respondents did not apply nor the Railway Administration called them to appear in the selection. The employees reaching on transfer at own request from other division will also become junior to the staff already promoted in the relevant grade or post. It was further submitted that respondents no. 4 to 55 were promoted on adhoc basis prior to posting on request of applicants in Bhopal Division. Due to administrative lapse the cases were not considered of the respondents no. 4 to 55, as such they were given the retrospective seniority. The post of diesel Assistant being selection post the regular promotion could only be made by positive act of selection, hence these senior firemen "b" who were left out by Administrative error were called for selection in 1992 for regular promotion. They qualified in the selection conducted in October, 1992 as per para 302 Indian Railway Establishment mannual, hereinafter referred to as "irem". The respondents no. 4 to 55 were left out from being called for selection in the year 1990, on their passing selection test, they were assigned original seniority by correcting the administrative mistake. Powers given to General manager under para 114 of IREM have been withdrawn.