- (1.) This Order will dispose of above-said 58 matters. However, we are taking the facts from Special Leave Petition No. 16698 of 1992. This Petition is directed against the judgment dated 29/6/1992 passed by the central Administrative tribunal, Principal bench, New Delhi in Review Application No. 195 of 1992 in OA No. 2667 of 1991. This decision wasrendered by the Principal bench over a conflict of decision on two basic issues which arose for consideration, namely (1 whether the applicants and persons similar to them are entitled to promotion from the grade of Jr. Engineers to the next higher grade in the Telegraph Engineering Service Group B (Assistant Engineers and equivalent post) on the basis of the year of passing the qualifying Departmental Examination envisaged in para 206 of the Pandt Manual and not on the basis of their respective seniority as had been adopted and followed by the respondents; and (2 whether in the facts and circumstances, they are entitled to refixation of inter se seniority on the said basis and promotions with retrospective effect together with back wages. After considering the judgment of the High court of Allahabad (Parmanand Lal and Brij Mohan v. Union of India) and decisions of various benches of the tribunal which followed the above-said judgment of the Allahabad High court, the tribunal noticed that the Allahabad High court and the various benches of the Tribunal have concluded that the applicants are entitled to promotion, refixation of inter se seniority and consequential benefits as claimed by them and have decided the above-said two issues in their favour. The tribunal further noticed that Special Leave Petition Nos. 3384-86 of 1986 filed by the Union of India against the judgment of the Allahabad High court were dismissed by this court on merit on 8/4/1986. Again Special Leave Petition Nos. 19716-22 of 1991 filed by them against the judgment of the Principal bench of the tribunal dated 7/6/1991 were dismissed with some observations on 6/1/1992 along with Intervention Application no. 1 and Special Leave Petition (C). . of 1991 filed by the Junior Telecom Officers' Association (India) seeking permission to file SLP.
(2.) A Review Petition filed by the Union of India against the judgment of the Principal bench of the tribunal dated 7/6/1991 was dismissed by the tribunal on 1/10/1991. Thereafter, another bench of the tribunal presided over by its Chairman gave certain directions to the respondents on 28/2/1992 in a batch of Contempt Petitions filed by the petitioners alleging non-compliance of the judgment of the Principal bench of the tribunal dated 7/6/1991.
(3.) In the aforesaid order dated 28/2/1992, the bench noted the intention of the respondents to revise the seniority of the entire cadre of Telegraph Engineering Service Group B Officers as per para 206 of the Pandt Manual Volume IV. The respondents before the tribunal had submitted that (i) since the cadre exceeds 10,000. 00 persons, the implementation would take time and that the rules and instructions relating to reservation in favour of SC/st persons (MP Nos. 957, 958, 965 and 966 of 1992 in MP No. 1-95 of 1992; (ii) the Telecom Engineering Services Association (India) which also supports the stand of the applicants (MP No. 129 of 1992 in OA No. 2407 of 1988; and (iii) Junior Telecom Officers' Forum for Redressal of Grievances said to represent 6000 affected persons and Junior Telecom Officers' Association (India) both of which contend that the judgment of the Allahabad High court and the decisions of this tribunal following the said decision do not constitute good precedents, that they are judgments per incuriam, that the matter should be considered on the merits afresh and that the applicants before us should not be granted the reliefs sought by them (MP Nos. 3493, 3494, 3396 and 3397 of 1991.;