TMI Blog1985 (4) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... ugust 31,1956. Effective from September 1, 1936, these three departments under the control of the Divisional Engineer, Jhansi were separated from each other on the introduction of the divisionalization in the railways. These three departments became three independent units, and in the matter of staff each devised its separate seniority list. 2. Department styled as workshop mentioned at serial No. 2 above was merged with the department office of the Chief Electrical Engineer, Bombay. This merger continued till July 31, 1979. Effective from August 1, 1979, all the three original departments trifurcated on August 31, 1956 were reamalgamated in the matter of staff and a common seniority list was introduced in respect of all the four cadres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re brought back on the common seniority list. Their position ante must be reflected in the seniority list. Original seniority it is said must prevail otherwise any other view would be denial of equality of opportunity in the matter of public employment guaranteed under Article 16 of the Constitution. Accordingly the appellants challenged the seniority list in W.P. No. 1415 of 1983 in the High Court of Judicature at Allahabad. A division Bench of the High Court by a short cryptic order rejected the Writ Petition observing that the Court did not find any merit in the Writ Petition. Hence this appeal by special leave. 3. The appellants have an iron clad case. The facts, not disputed, to summarise briefly are that under the Divisional Electr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years. Railway Administration reconsidered its earlier decision and detached the workshop staff from the office of the Chief Electrical Engineer, Bombay and brought it back to Jhansi and three former departments under Divisional Electrical Engineer were amalgamated. In other words situation ante as on August 31, 1956 was restored, and members of the staff were brought on common seniority list cadre wise. This factual averment is unambiguously admitted. Consequent upon amalgamation in 1979 a fresh common seniority list was drawn up in which cadre wise respondent No. 3 was shown senior to appellant No. 1 2 and respondents No. 5, 6 9 were shown senior to appellant No. 3. Obviously when the amalgamation took place, respondents No. 3 to 6 coul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary to call upon the Railway Admn. to redraw the seniority list. Let an order in the nature of mandamus be issued directing the Railway administration to assign seniority to the appellants over respondents No. 3 to 6. Seniority list shall stand redrawn as herein indicated. 5. Mr. G.D. Gupta, Learned counsel made some grievance about the communication produced at Exhibit P-5. That communication consists of a letter inviting certain persons to appear at a test to consider their suitability for further promotion. If for the post of chief clerk invitation to appear at a test is dependent upon the place in the seniority list, invitations shall be readjusted and reissued consistent with the directions given herein and test shall be held therea ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
