Patwardhan, J. - (1.) This is an application by V. V. Ramana Murthy, working under District Electric Engineer, S. E. Railway, Koraput against six respondents led by the General Manager, S. E. Railway, Garden Reach, Calcutta, including Chief Personnel Officer, S.E. Railway, Calcutta, Chief Administrative Officer, S.E. Railway, Vishakhapatnam, Dy. Chief Electrical Engineer (Construction), Vishakhapatnam and Dy. Chief Personnel Officer (Construction), Vishakhapatnam-all of S. E. Railway. The application has been filed on 24.7.1996 and its reply under the signature of Mr. Susanta Kumar Das, Dy. Chief Electrical Engineer (Construction), Vishakhapatnam as respondent No. 5 filed on 4.1.1999.
(2.) Certain dates-admitted by both the parties, need to be quoted at outset to appreciate the case easily. They are as follows :- 16.09.1980 District Engineer, S.E. Railway, Waltair, notifies ten vacancies of Casual Supervising Mistry on daily rates of pay in Civil Engineering Department of Waltair-Kirandul Railway Electrification Project-candidates to possess Diploma in Civil, Electrical or Mechanical Engineering. 17.11.1980 Applicant gets appointment letter. 21.10.1986 Applicant gets temporary status. 04.07.1991 Chief Administrative Officer, Vishakhapatnam, issues orders regarding absorption of applicant in a Group 'D' post describing him as Works Mistry. 26.07.1991 Applicant represents to Chief Personnel Officer, S.E. Railway, Calcutta against proposal to absorb him in Group 'D' posts and requests to absorb him in Open Line as Works Mistry. Some time O.A. 347/1991 filed in C.A.T. Cuttack Bench by applicant in 91 against the General Manager, S.E. Railway, Calcutta, Chief Administrative Officer, S.E. Railway, Vishakhapatnam and District Electrical Engineer (Construction), Korapat. 07.04.1995 O.A. 347/1991 disposed of with direction to respondents to absorb him in Open Line in pay Scale Rs. 1,400-2300 immediately when the vacancy becomes available subject to his seniority in the grade in which he was working. 06.11.1995 Hon'ble the Supreme Court of India dismisses S.L.R filed by the respondents against the C.A.T. order of 7.4.1995.
(3.) We have heard the learned Counsel for both the parties and have gone through the pleadings. The applicant has prayed for the following reliefs :- "(i) To direct the respondents to regularize the services of the applicant in Group 'C' post in scale Rs. 1400-2300 (RP) from the date the services of his juniors were regularised and to accord all benefits arising out therefrom including seniority. (ii) To direct the respondents to implement the order and judgement of the Hon'ble Tribunal contained in Annexure 'M' hereof since clear vacancies were and/or are there in the Open Line. (iii) To direct the respondents to implement the order and judgement of the Hon'ble Tribunal and consider the representations contained in Annexure 'O' in the light of the order and judgement contained in Annexure 'M' hereof and accord all benefits including monetary as given to the juniors as also scale of pay and seniority as Works Mistry and/or equivalent in the Open Line. (iv) To direct the respondents to restore the seniority position of the applicant reckoning the services rendered in the construction line as Works Mistry. (v) To draw and disburse all arrears consequential thereto.";