LexV.K. DUBEY AND ORS. versus UNION OF INDIA AND ORS.
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V.K. DUBEY AND ORS. A v. UNION OF INDIA AND ORS. APRIL 7, 1997 [K. RAMASWAMY AND D.P. WADHWA, JJ.] B Service Law-Seniolity-Determination of-Railways-Appellants working on the diesel side of the locomotive operation-Subsequently ab- sorbed on the electlical locomotive side-Dete1111ination of inter se senio1ity between employees already w01*ing on the electlical locomotive side and those C shifted from the diesel locomotive side to elecilic locomotive side-Tlibunal holding since appellant's were deployed to the electlical side for the first time, their seniolity was required to be adjudged from the date of their deployment in the elect1ical locomotive operations and the previous service cannot be counted for the pwpose of dete1111ination of inter se senio1ity-Tlibz111al also protecting accmed lights of appellams'-Held there was no flaw in the Order D passed by the Tlibunal. Rama Kant Chaturvedi v. Divisional Supdt., Nonhem Railway, [1980] Supp. SCC 621 and South Eastem Railway through Chief Personnel Officer & Ors. v. Ramanarain Singh & Ors. Etc., C.A. No. 2530/81 and batch dated E July 29, 1988 decided by Supreme Court referred to. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2883 of 1997. From the Judgment and Order dated 18.12.96 of the Central Ad- F ministrative Tribunal, Allahabad in O.A. No. 1024 of 1995. Vijay Bahuguna, D.K. Garg and Satpal Singh for the Appellants. Yogeshwar Prasad, Mrs. Rachna Gupta, P.K. Bajaj and Prashan Kumar for the Respondents. G The following Order of the Court was delivered : Leave· granted. We have heard learned counsel on both sides. This appeal, by special leave, arises from the order dated 18.12.1996 H 693 694 SUPREME COURT REPORTS [1997] 3 S.C.R. A by the Central Administrative Tribunal, Allahabad Bench in O.A. No. 1024/95. The appellants were initially drafted on the diesel side of the locomo- tive operations. Subsequently, on introduction of electrical engines they were given training and were absorbed on the electrical locomotive side. B The question of inter se seniority of employees already working on the electrical locomotive side and those shifted from the diesel locomotive side to the electrical locomotive side had arisen. The Tribunal has held that since they were deployed to the electrical side for the first time, their seniority was required to be adjudged from the date of their deployment C in the electrical locomotive operations and the previous service cannot be counted for the purpose of determination of inter se seniority. This con- troversy was considered by this Court in Rama Kant Chaturvedi v. Divisional Supdt., N01them Railway, [1980) Supp. SCC 621 wherein this Court had held as under : D ·E F G H "The Diesel Unit of the Railways was constituted for the first time· apart from the Steam Unit already existing. The two units were treated as separate and distinct having different avenues of promo- tion. As considerable time might elapse before Diesel Cleaners could be promoted as Shunters and Drivers' Assistant in the diesel unit it was decided to draft Firemen on the steam side, possessing the minimum educational qualification of matriculation, to the diesel side as Drivers' Assistants after giving them the requisite training. That was done. All the initial appointments were on officiating basis. As a result of the appointments, some Firemen Grade 'C' (the appellants), who were of lower category than Firemen Grade 'B' and Firemen Grade'A' but who happened to possess the minimum educational qualification which many of the Firemen Grades 'A; and 'B' did not possess, were drawn into the . diesel unit earlier than some of the Firemen Grades 'A' and 'B' who came in later as a result of the relaxation of the rule prescrib- ing minimum educational qualification. The Railway Administra- tion issued instructions that the juniormost Firemen Grade 'C' officiating as Diesel Driver Assistant should be reverted in order to accommodate the senior staff. Pursuant to these instructions the appellants, all of whom were drawn from the category of Firemen Grade 'C' and who had been appointed as officiating Drivers' - V.K. DUBEYv. U.O.I. 695 Assistants, were reverted to the steam side as Firemen Grade 'C' A in order to make way for Firemen Grades 'A' and 'B' who were appointed as Drivers' Assistants on the diesel side long after the appointment of the appellants as Drivers' Assistants on the diesel side.
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