UNION OF INDIA Vs. RAJESH KUMAR

JUDGEMENT

(1.) Heard the parties

(2.) This writ petition has been preferred by the Union of India through the General Manager, North East Railways against the judgment and order dated 1st November 2004 passed by the Central Administrative Tribunal, Patna Bench, Patna in Review Application Case No. 45 of 2002 (arising out of O.A.No. 259 of 1998) and another analogous Review Application No. 86 of 2000 (arising out of O.A.No. 259 of 1998). By the impugned order, contained in Anmnexure-1, the Tribunal has dismissed the review application filed by the petitioner and also the review Application No. 86 of 2000 filed by some of the aggrieved railway employees.

(3.) This writ petition primarily raises an important issue of law as to the interpretation and effect of Rules 302 and 303 of the Railway Establishment Manual regulating seniority of non-gazetted Railway servants. Some ancillary issues of law have been raised on behalf of private respondents to question the maintainability of the application. The first issue is that the review application was filed beyond time prescribed by Rule 17 of the Central Administrative Tribunal (Procedure) Rules, 1987 (hereinafter, in short, referred to as the Rules?) and the other issue is that a writ petition preferred by the petitioner against the judgment and order dated 23rd October 2000 bearing C.W.J.C.No. 4105 of 2002 was dismissed by this Court on 8th May 2002 along with one review petition bearing No. 12 of 2002 and hence, the Tribunal has rightly held that it has no scope to go into the merits of the matter.