- (1.) By this application, South Eastern Railway authorities have impugned the judgment and order dated 22nd March 2005 by which the learned Tribunal has granted relief to the respondent regarding his claim for seniority. The respondent before the learned Tribunal prayed for the following reliefs : I) To direct the respondents to reckon seniority as I.O.W. Grade-1 from the date of ad hoc promotion (4.6.93). II) To direct the respondents to recast the impugned seniority list of IOW Grade-1 accordingly. III) Any other order(s) as the Tribunal may deem fit.
(2.) The short fact of the case before the learned Tribunal, as made out by the respondent/employee, is as follows: The respondent was initially appointed to the post of apprentice IOW Grade-III. Thereafter on or about 7th December 1979 he was posted to Khurda Road Division. Subsequently he was transferred from Khurda Road Division to Kharagpur Division on 11th September 1984 for administrative interest. Thereafter, he was promoted to IOW Grade-II on 23rd November 1987 and he was regularised with effect from 1st January 1993. Then he got next promotion to the post of IOW Grade-I which has been re-designated as Section Engineer on ad hoc basis with effect from 4th June 1993 and on regular basis, on selection being held, from 6th June 1996. According to him, respondents No.4 and 5, before the learned Tribunal, were junior to the applicant in all respect. They belonged to Bilashpur Division and they were appointed as IOW Grade-I with effect - from 8th December 1995, though appointed on 1st June 1983 and 2nd June 1983 respectively much later that the applicant; the date of applicant's appointment to the said post being 17th December 1979. The post of IOW Grade-II an Grade-I are divisionally controlled post and in Bilashpur Division, selection to the post of IOW Grade-I was held at an earlier date than that of the applicant. The private respondents were promoted to the post of IOW with effect from 8th December, 1995. In Kharagpur Division, during the period from 1992 to 1995, no selection was held for the post of IOW Grade-I due to the unforeseen circumstances, the respondents No. 4 and 5 got their promotion at an early date to the post of IOW Grade-I. Respondents No. 4 and 5 did not contest the application before the learned Tribunal.
(3.) Learned Tribunal, after considering all the aspect thought to crystallise the dispute in one issue; whether services rendered by the applicant, during the period when he was on ad hoc basis, should be counted for seniority or not.;