Girish Chandra Gupta, J. - (1.) These three writ petitions are directed against a common order. They are taken up together for disposal. The respondents were empanelled consequent to the selection process started pursuant to a Notice No. P-29E/Recruit/88 dated 15th April, 1988 whereas they have been directed to be recruited as against the vacancies advertised vide Employment Notice No. 1/03 dated 30th June, 2003. Aggrieved by this order, passed by the learned Tribunal, these writ petitions were filed by the Union of India. The facts and circumstances of the case briefly stated are as follows: - By the notice dated 15th April, 1988, 330 vacancies in Group- D post in the pay scale of Rs.750-940 for printing department, Eastern Railway, Calcutta/Howrah under the control of Senior Superintendent (Printing and Stationery, Calcutta) were advertised. The terms and conditions appearing in the employment notice dated 15th April, 1988 are, inter alia, as follows: "Qualification: Minimum Educational Qualification Passed Class VIM. Preference will be given to candidate passed ITI in Printing Technology and for candidates having higher qualification particularly in science stream. Physical Fitness: Candidate must be in bodily good health."
(2.) The applicants for the post were called for viva voce and physical test which were conducted in the year 1989-90. The panel, however, was not published owing to an instruction from the General Manager, Eastern Railways, by an order dated 16th September, 1991, to stop the recruitment process. Some of the aspirants for the posts including one Shri Prabir Ballav moved the Central Administrartive Tribunal, inter alia, for a direction upon the authority to publish the panel. The application made by them, registered as Original Application No.302/93, culminated in an order dated 16th September, 1996 whereby the learned Tribunal held that the authorities had revised the vacancy position from 330 to 370 and had also proceeded to appoint only the SC/ST candidates without any justification. The Tribunal in the circumstances issued the following order: - "Under the circumstances, the action of the respondents is clearly violative of the provisions of Articles 14 and 16 of the Constitution of India. We, therefore, quash the impugned letter of respondent No.4 dated 30.9.92 (Annexure-E) and direct that the respondent authorities shall publish the integrated panel of both reserved and unreserved categories in the context of the originally notified vacancies. The remaining SC/ST candidates already empanelled, would be given appointment in order of merit as and when the ban of recruitment is lifted and for this no candidates will be considered as age barred, if meanwhile they have crossed the maximum age limit. Also as and when the empanelled candidates (both reserved and unreserved categories) join on actual appointment, their inter se seniority should normally be decided in order of merit irrespective of the date of their joining. However, the respondent authorities shall prepare the integrated seniority list by following due process of law and rules after giving notice to all concerned. As directed above, the integrated panel for both the reserved and unreserved category candidates shall be published within four months from the date of communication of this order. There will be no order as to costs."
(3.) Pursuant to the order dated 16th July, 1996 the panel was published on 15th April, 1997. No recruitment was, however, made from out of the aforesaid panel on the plea that there was in operation a ban on recruitment of Class-IV Group-D Khalasis.;