P.K.MALLICK, J. - (1.) T.A. 1088 of 1986 (CR 10223 -W/83) was filed in the Calcutta High Court on 22.9.83 praying for (a) a declaration that reservation for SC/ST candidates quota does not apply in the matter of recruitment to the post of overseer and subsequent promotion to the post of Assistant Engineer, being ultra vires of Article 309 of the Constitution of India, and (b) for a direction on the respondents (f) to assign seniority position taking into consideration the date of entry to the cadre post of Overseers and not otherwise, (ii) not to assign seniority to respondents 3 to 9 over the head of the applicants and further not to regularise them and give promotion to the post of Assistant Engineer superseding the rightful and legitimate claims of the applicants pursuant to the seniority list and circular being Annexures A and B respectively, and (iii) to cancel, withdraw and/ or rescind the impugned seniority list and circular being Annexures A and B respectively.
(2.) The High Court passed an interim order to the effect that the promotion in the next higher posts in the meantime will be on ad hoc basis and will abide by the result of the writ application. It was further ordered that confirmation of private respondents, if any, in their present posts, will also abide by the result of the application.
(3.) The writ application was received by this Tribunal under Sec. 29 of the Administrative Tribunals Act, 1985, and was registered as T.A. 1088 of 1986.;