A. B. Gorthi, J. - (1.) This Writ petition has been filed by Hari Nath Gupta, Jai Narain Tripathi and K.C. Upadhayay in the year 1980 and transferred to this tribunal in 1987. in the year 1990 Misc. application was moved for the deletion of the name of petitioner No. 1 Hari Nath Gupta as he had died. The prayer of the petitioners in the writ petition was that they should have been tested trade wise for selection to highly skilled Grade II and not group-wise as was being contemplated by the respondents. The additional relief sought by them through amendment application moved in 1989 was that in the vacancies occurring in the future in highly skilled Grades I and II, they should be tested trade-wise and that the loss suffered by them be made good.
(2.) The petitioners were Wire men Line Man in the Power Group of the Electric Department of the Loco Workship of N. E. Railway Gorakhpur. Though trade test for promotion used to be held trade-wise, the respondents proposed to hold trade test group wise for filling-up the posts of Highly skilled Grade II in the grade of Rs. 330-480. Accordingly as many as 13 candidates belonging to various trades of the power group were to take the trade test. Sri Hari Nath Gupta and Jai Narain Tripathi being at seniority at Nos. 1 and 2 in their trade of Wire-Man, felt aggrieved by the proposed test being conducted group- wise. Representations were made and even the Karmchari Sangh intervened on behalf of the petitioners, but without any success.
(3.) The respondents clarified that as per extent policy as contained in the N. E. Railway Circular letter dated 29 1-1979, "for filling-up the posts of Highly skilled Grade I and II in a particular group, option should be called from all staff from all trades in the group in the trade test contended base on the seniority in that group." When certain quaries were raised in this regard, the office of the General Manager (P) reiterated the same position for compliance.;