- (1.) Aggrieved by the order of the Bombay High Court in WP No. 5287 of 2000 in confirming the order of the Central Administrative Tribunal in Original Application No. 942 of 1993 dated 21.6.2000, the Union of India has filed this appeal.
(2.) Shortly stated, the facts are: Respondent 1 who was the original applicant before the Tribunal was appointed as Junior Clerk in the Western Railway on 9.4.1958. One Shri G.R. Nachankar was appointed in January 1959. Shri G.R. Nachankar resigned from service and was reappointed under Goods Superintendent (for short GS) Wadi Bander with effect from 6.2.1963. Respondent 1 was also transferred under GS Wadi Bander on 23.9.1964. In the year 1971, a competitive examination for the posts of Senior Clerks against 10% quota from amongst the Clerks was conducted. Shri G.R. Nachankar was selected and promoted and ultimately appointed as Head Clerk on 9.1.1974 and Office Superintendent (II) with effect from 8.9.1977. Respondent 1 was not permitted to take the examination on the ground that he had not completed one year's service under GS Wadi Bander.
(3.) On 17.4.1979, Respondent 1 filed a suit in Bombay City Civil Court numbering 4805 of 1979 for a direction to fix his seniority and grant of further increments and promotions on the basis of the date of his initial appointment in the clerical cadre. The suit was transferred to the Central Administrative Tribunal and registered as TA No. 15 of 1990. The Central Administrative Tribunal on 25.3.1991 accepted the plea of Respondent 1 and issued directions to the appellant in the following terms: "Accordingly, the applicant is entitled to the claim for his seniority and for grant of further increments and promotions on the basis of the date of his initial appointment in the clerical cadre in the office of the Goods Superintendent, Central Railway, with effect from 9.4.1958 and also entitled to higher post on the basis of the facts and of the orders issued by Central Railway Administration for the post of Office Superintendent in the office of the Central Railway Administration. The respondent is directed to refix the pay of the applicant in the respective grades to which he is entitled from time to time in the offices of Central Railway Administration. The respondents are directed to comply with the above directions within a period of three months from the date of receipt of the copy of order. No order as to costs.";