B.MUKHOPADHYAY,J. - (1.) There are six applicants in this case. They all belong to Production Control Organisation (PCO) of Kharagpur Railway Workshop of the South Eastern Railway. All the posts in the P.C.O. are ex -cadre posts which means that no promotions are given in the P.C.O. and all the posts are filled by drawing persons from other shops of the Workshop. The decision of the Railway Board to make the P.C.O. an ex -cadre organisation treating all its posts as ex -cadre posts was challenged before the Tribunal in T.A. 1143 of 1986 (Subhas Chandra Kshetra Pal & Ors vs. Union of India & Ors). The challenge failed. In the judgment and order of the Tribunal in the said case, dated 8 -12 -1986 while rejecting the application challenging the decision of the Railway Board, the Tribunal ordered that the applicants in T.A. 1143 of 1986 should be given a fresh opportunity to exercise option in the matter of continuing in the P.C.O. and for those who would opt to remain in the P.C.O. an avenue of promotion should be provided. It is to be noted that a Special Leave Petition (No. 3584 of 1987) was made against this judgment before the Supreme Court and the appeal was rejected by the Supreme Court by their Order, dated July 11, 1987. Mr. N.C. Chowdhury, counsel for the respondent -department mentioned before us that a Review Application was filed against the judgment of the Supreme Court and the Review Application was also dismissed in October 1988.
(2.) Basically the grievance of the applicants is that the direction of the Tribunal in T.A. 1143 of 1986 regarding opportunity of fresh option and avenue of promotion in the P.C.O. was not followed by the authority of the Kharagpur Railway Workshop and steps were taken in the matter of restructuring and promotion of employees of the P.C.O. without complying with the said direction of the Tribunal.
(3.) The reliefs prayed for are broadly as follows : (1) An avenue of promotion in the P.C.O. for the P.C.O., staff be formulated and declared; (2) All the staff in the P.C.O. should be given chance to exercise their option in the matter of continuing in the P.C.O.; (3) All orders issued in the matter of restructuring and promotion of staff of the P.C.O. issued after the judgment and order of the Tribunal, dated 8 -12 -1986 in T.A. 1143 of 1986 be quashed.;