PROKASH CHANDRA MALLICK,J. - (1.) These five applications were filed by four employees of the Chittaranjan Locomotive Works, Chittaranjan, in connection with their promotion as APO/AWO/Secretary to G.M. - all equivalent class II posts. Initially, these cases were listed for analogous hearing. However, due to some differences in the respective cases of the four applicants, T/A 1785 of 1986 and O/A 383 of 1986 were heard together while the rest were heard separately in succession as per suggestions of the counsel for the respondents. On the conclusion of the hearings, the learned Counsel for the applicants in all the cases had submitted that the judgements may be delivered on the said date. While considering the facts of the cases, we find that there is a challenge to the legality of holding fresh selection tests in all the applications. We, therefore, find it convenient to record a single judgement covering all these cases.
(2.) P. R. J. Rao and P. R. Paul are the applicants in T/A 1785 of 1986 and O/A 383 of 1986. Both joined as Stenographers in C.L.W. in 1963. A written examination for selection of APO/AWO/Secretary to GM was held on 21.11.1984 for which both were eligible. They did not appear in this test as no integrated seniority list was prepared prior to holding the test, which according to them was mandatory. All the seven candidates who appeared out of 24 called for, were declared ineligible and the G.M. decided to cancel the examination vide Annexure 'A' dated 1.2.1985 (in T/A 1785 of 1986) after recording reasons. After two postponements, the written examination was held on 14.5.1985. P. R. J. Rao and P. R. Paul challenged this written examination before the Calcutta High Court in CO. 6685 of 1985 and obtained an interim order on 29.5.1985 that the respondents would be at liberty to declare the result of the examination but no effect is to be given to the result in the meantime. The writ petition was received on transfer by this Tribunal under Sec. 29 of the Administrative Tribunals Act, 1985, and was registered as T/A 1785 of 1986.
(3.) The respondents filed C.A. 40 of 1989 on 1.3.1989 praying for the modification of the interim order allowing them to operate the panel subject to the final order in T/A 1785 of 1986.;