- (1.) Civil nos. 2727 and 2728 of 1991 arise out of a petition filed before the central Administrative tribunal, Patna and numbered as O. A. No. 222 of 1989 by the appellants in civil nos. 2728 and 2729 of 1991 who are respondents in civil no. 2727 of 1991 questioning the provisional gradation list of Electric Goods Drivers prepared by the South-East Railways, with a prayer for a direction to finalise the same on the basis of their claim of seniority. Another petition registered as O. A. No. 13 of 1990 by the tribunal has given rise to Civil Appeal No. 2729 of 1991. The relevant facts are briefly stated below.
(2.) Earlier there was only the steam type of traction in the country. Later the diesel type was also introduced and further later in 1963 the electric traction system was also added. Consequently there was surplus in the staff engaged in the steam type of traction and at the same time it became necessary to man the electric traction system. The twin problems were solved by shifting some of the Firemen from the steam section, found suitable, to the electric traction system, and filling up the remaining vacancies by direct recruitment. The dispute in the present appeals is in regard to the seniority of these two groups.
(3.) In 1970 the gradation list of the Assistant Electric Drivers was prepared in which the Fireman Drivers shifted from the steam S. were placed above the direct recruits, who challenged the same by filing a suit, registered as Title Suit No. 1 of 1973 in Munsiff's court. The trial court decreed the suit and the decision was upheld in appeal preferred by the department and its officials. The matter was taken in second appeal to the High court, which, however, was dismissed, without examination on merits, on the ground of having been rendered defective by reason of negligence of the appellants. A special leave petition was also dismissed in 1989 and the decree of the trial court, thus, became final.;