UNION OF INDIA Vs. GURBAX PAL AND OTHERS

JUDGEMENT

(1.) The Division Personnel Officer, an officer of the Union of India has approached this Court under Article 226 of the Constitution with a prayer for quashing order dated 23.7.2004 (P-9), passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity 'the Tribunal'). The Tribunal has allowed the application filed by applicant- respondent Nos. 1 to 3 challenging order order dated 9.5.2003 passed by the Senior Divisional Personnel Officer, Northern Railway, Ferozepur snatching the benefit of seniority given to them by judicial orders passed from time to time as would be clear from the succeeding paras.

(2.) There was an employee with the name Sh. Naresh Joshi, who was working as Enquiry and Reservation Clerk. On the basis of an earlier judgment of the Tribunal he succeeded in getting the relief for fixation of his seniority from the petitioners on the basis of order dated 7.3.1990 rendered in the case of Naresh Joshi v. Union of India (O.A. No. 710/JK/88, decided on 7.3.1990) (A- 8). According to the aforesaid order passed by the Tribunal, Shri Naresh Joshi was granted the benefit of earlier judgment passed by the Tribunal on 27.4.1987 in the case of Vijay Kumar v. Union of India. The order of the Tribunal in the case of Vijay Kumar passed on 27.4.1987 reads as under :-

(3.) In other words, Shri Naresh Joshi was also deemed to be promoted as Enquiry and Reservation Clerk for the period he has actually worked on ad hoc basis in the pay scale of Rs. 330-560. The Tribunal also issued directions for grant of all consequential benefits of working on that post. In the case of Vijay Kumar, the date of ad hoc promotion as Enquiry and Reservation Clerk was 2.5.1977 and in the case of Naresh Joshi it was October, 1977.