- (1.) Leave Granted
(2.) This batch of appeal has been filed against the judgment passed by the Division Bench of the High Court of Andhra Pradesh whereby the common order of the Central Administrative Tribunal, Hyderabad (in short "the Tribunal") was clarified to the extent that such of the observations made by the Tribunal which went contrary to the decision of this Court in V.Kameshwari V/s. Union of India, 1993 1 JT 108 had to be ignored and the authorities shall only take into consideration the principles laid down by this Court and prepare the seniority list as directed.
(3.) Briefly stated the facts leading to the filing of these appeals are : 3.1 On 19.01.1971, some of the casual labourers were selected as Khalasis by the Selection Committee constituted by the Railways. Their names were placed in the panel for absorption as Khalasis as and when vacancies would arise. Those who were working as casual labourers in 1970-71 were given temporary status after completion of 180 days of continuous service. The appellants and similarly situated persons were promoted as Khalasis and from Khalasis to Khalasis Helper and Grade III Fitter, Grade II Fitter and Grade Fitter and Master Craftsman (MCM). 3.2 A seniority list was prepared on 6.03.1979. One K. Prabhakar Rao and others who were working as Class IV Khalasi, filed a Writ Application No.5917 or 1980 in the High Court challenging the aforesaid seniority list. 3.3 By a final order dated 8.12.1983, a learned Single Judge of the High Court disposed of the Writ Application by directing the petitioners to submit their representations within one month from the date of that order and also directed the respondents to prepare final seniority list and publish the same within four months of receipt of the representations from them. The judgment read: "The petitioners shall be permitted to submit their representations against the seniority list published on 6.3.1979, within a period of one month from today. If any such representations are received, they shall be considered in the light of the relevant material by the appropriate authorities, and a final seniority list published. The final seniority list shall be published within four months of the receipt of representations from the petitioners. In case, the seniority list is revised, the promotions already made, shall also be revised and re-adjusted in accordance with the said seniority list." (Bold is ours) 3.4 On 29.10.1984, in a different matter concerning the Seniority list of the Grade-D Khalasi of Secunderabad Division, a Division Bench of the High Court allowed a Writ Application No. 4058 of 1982 and held as under: "The petitioners are entitled to count their seniority from the date of their completion of six months of continuous service i.e. from the date they acquired temporary status in the category. A seniority list shall accordingly be prepared, published and communicated. It is clarified that the amended paragraphs 2511 (a) of the Indian Railways Establishment Manual has no application to the petitioners." (Bold is ours). 3.5 When the Tribunal was constituted under the Act, some of the casual labourers, on 23.09.1987 challenged the seniority list before the Tribunal, which dismissed the said petition on the ground of delay. 3.6 On an application for review of the aforesaid order dated 23.09.1987, the Tribunal allowed the same on 2.11.1987 and held that the petitioners to that review application were entitled to count their seniority from the date of granting them temporary status. 3.7 On 21.02.1989, the Tribunal allowed a Transfer Application No.135 of 1986 filed by Prabhakar Rao and others in which it was held that the applicants therein were entitled to seniority from the date of temporary appointment and not from the date of regular- ization. 3.8 On 27.10.1989, the Tribunal in Transfer Application No.779 of 1986 filed by one K. Ch. Venkayya and others directed the respondents therein to prepare the seniority list according to the dates when the applicants therein attained temporary status. 3.9 Again on 1.11.1993 the Tribunal in Original Application No. 829 of 1991 held as under:- "the seniority lists which were revised in regard to the appellants in various writ petitions/transfer applications/original applications have to be revised with regard to the employees who are similarly situated to the applicants in those seniority units so as to reckon their services for the purpose of seniority from the date on which temporary status was confirmed." (Bold is ours) 3.10 In 1995, another provisional seniority list was prepared by the respondents. However, on 24.11.1999, the Tribunal in O.A. No.1547 of 1999 allowing the said application held that the fixation of seniority was to be from the date of grant of temporary status. 3.11 On the basis of this order, the final seniority list was prepared on 25.07.2000 which was challenged by the respondents other than the State in O.A. No. 1933 of 2000 before the Tribunal. On 12.03.2001, in the said original application, the Tribunal directed the Government to prepare the seniority list on the basis of the date of entry into grade. 3.12 A seniority list was thereafter prepared on 31.08.2001 on the basis of the order of the Tribunal in O.A. No. 1933 of 2000 which was challenged by the appellants and their batch by way of O.A. No. 1679 of 2001 before the Tribunal and sought for quashing the same by declaring the seniority list as illegal and void and also for setting aside the consequential Memos dated 27.9.2001 reverting/downgrade revision of the promotion of the petitioners in O.A. No. 1679/2001 based on the said revised seniority and consequential declaration of the seniority list published earlier on 28.07.2000 to be held valid with all consequential monetary benefits. 3.13 On 21.01.2003, the Tribunal allowed the Original Application No. 1679 of 2001 and directed the respondents to prepare a fresh seniority list on the basis of the judgment of this Court in the case of V.Kameshwari V/s. Union of India (supra) The Tribunal held:- "The impugned seniority list published on 31.8.2001 and consequential memos and orders issued on 27.9.2001 and 28.9.2001 proposing to revert/ downgrade their seniority are hereby quashed. The official respondents are directed to prepare a fresh seniority list on the basis of the judgment of the Hon'ble Supreme Court in Kameshwari's case reported in 1993 (1) SLR 550 which is reiterated in O.A. No. 1933/2000 and also in accordance with the future clarificatory directions given by this Tribunal in O.A. No. 1547/ 99. M.A. No. 291/02 also stands disposed of in terms of the order passed in the main OAs". (Bold is ours) 3.14 Aggrieved by the aforesaid order of the Tribunal, the Union of India filed Writ Petitions in the High Court challenging the order of the Tribunal. 3.15 On 27.11.2003, the Division Bench of the High Court held that in preparing the seniority list the clarification given by the Tribunal should not be taken Into account. Aggrieved by the said orders, the present appellants have filed the Special Leave Petitions in this Court for which leave has been granted.;