RANJIT KHOSLA Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ applications under Article 226/ 227 of the Constitution of India were heard analogously as both these applications were directed against the selfsame order dated September 15, 2006 passed by the Central Administrative Tribunal, Calcutta Bench, in O.A. No.271 of 2006 thereby allowing an application under section 19 of the Administrative Tribunal Act (hereinafter referred to as the Act) filed by Shri A.K. Malhotra, one of the respondents before us (hereinafter referred to as "Malhotra") by directing the Union of India to refix the date of appointment of one Ranjit Khosla, the writ-petitioner in one of these applications, (hereinafter called "Khosla") in terms of the Railway Boards letter dated 10th April, 1970.

(2.) Being dissatisfied, these two writ-applications, one at the instance of Khosla who was a respondent in the proceedings before the Tribunal and other, at the instance of the Union of India, the employer, who was also a respondent therein, have been filed challenging the order of the Tribunal.

(3.) Malhotra filed the application under section 19 of the Act thereby praying for the following relief: "(a) to pass an appropriate order directing upon the respondents to assign the appropriate seniority to the applicant as per Classified List of the Gazetted Establishment of Mechanical Department published in the year 2000. Followed this list, the applicant's seniority position should remain at 08 positions above that of Shri R. Khosla. (b) to pass an appropriate order directing upon the respondents to assign the correct relative seniority position of the applicant, vis-a-vis, the respondent NO.3 in terms of the Railway Board's Circular dated 10-4-1970 as well as Judgment and order passed by the Hon'ble CAT, Allahabad dated 26-4-2002 in O.A. No.489 of 1989. (c) to pass an appropriate order directing upon the respondents to consider the representations submitted by the applicant dated 20-10-2005 and 19-12-2005 in respect of assigning of correct seniority position to the applicant."