R. M. Sahai, J. - (1.) Why the appellants should have been forced to file these contempt applications for enforcement of the order passed by this Court as far back as on 30th April, 1990 in Civil Appeal No. 2054 of 1990*, is not without reason.
(2.) Grievance of the applicants is that despite clear findings recorded by this Court, opposite parties are going back on it and persisting the implementation of the order in a manner which frustrates the entire purpose for which the applicants approached this Court and is a clear violation of directions of this Court issued on 30th April, 1990.
(3.) Entire dispute centred round the practice of exercising option by Assistant Station Masters who were recruited directly. Were they left any choice in the matter or was it compulsory. It was held by this Court, that various letters issued made it clear that the option had to be exercised at the time of appointment and where no option was exercised it was deemed to have been exercised. This court found that the appellants were those persons who had to exercise option at the time of appointment and their options were irrevocable. Effect of this was that they had to wait till 1983 when restructuring was done. The Court further found that the cadre of Assistant Station Master/Station Master in South Eastern Railway was separate and not combined. But the Chief Personnel Officer applied alternative-I, which under restructuring was to be applied to a zone where combined cadre was in vogue, as it was acceptable to leaders of the Union and was beneficial to large number of employees. The Court therefore did not interfere with implementation of the alternative-I, but protected the interests of the applicants by holding thus: "But both the employees unions have accepted the implementation of the letter of Chief Personnel Officer as it is beneficial to a majority of the employees. Therefore, it may not be disturbed. At the same time all those 204 employees who had opted before 1983 must be entitled to the benefit which would have been available to them on their options." ;