A.P. Bhattacharya, J.M. - (1.) This application under Sec. 19 of the Administrative Tribunals Act, 1985, has been filed by Shri Bimal Kanti Biswas and twenty others against the Union of India, represented by the Secretary, Railway Board and nine others.
(2.) Some of the applicants are working as Office Superintendents, Grade II and some are working as Head Clerks and Senior Clerks in the office of the Statistics and Analysis Officer, South Eastern Railway, Garden Reach, Calcutta. They got their promotions in their respective grades as a regular measure by virtue of their seniority, as contemplated in the relevant rules. The railway had started from some time past recruitment of sportsmen and sportswomen against sports quota. The applicants contend that while making such recruitments the S.E. Railway authorities had put some such persons to higher starting pay and even at the maximum of the pay scale. The applicants felt aggrieved when some employees recruited against sports quota were given out of turn promotion. They have stated that Shri Ranjan Pal got double benefit as when recruited he was put at the pay of Rs. 560/ - the maximum of the scale of Rs. 330 -560/ - and he was given out of 11 promotion to the post of Head Clerk in supersession of the claims of applicants who are admittedly senior to him. The applicants have also the case of respondents Shri Parimal Bose and Smt. Shreyashi Banerjee is their case that the office of the Statistics and Analysis Officer is a all independent unit of the S. E. Railway and if such out of turn promotion is given that would obstruct their chances of promotion. The applicants de representations jointly and separately for redressal of their grievance, but to no effect. According to them, such out of turn promotions were given violation of the directions given by the Railway Board in its letters dated 25 -11 -76 and 8 -3 -85. Although such action of the respondents was objected by the applicants and by the recognised Unions they again issued an letter on 3 -8 -87 deciding to promote respondents Shri S.C. Rakshit and Shri. Gour Srimani on out of turn basis to the posts of Head Clerk. The applicant contend that the respondents should not be permitted to proceed in this way ignoring their chances of promotion for ever. So, in filing application they have prayed for issuing direction upon the respondents that they may not give effect to their office orders and memorandums issued on 8 -7 -86, 8 -7 -87 and 3 -8 -87. They have also prayed for issuing action upon respondents so that they may fix their seniority and grant m their due benefits in accordance with law and so that the respondents may give the said out of turn promotions after creating supernumerary posts.
(3.) The application has been contested by the respondents. In their reply the respondents have taken the plea that the applicants cannot challenge promotion of Shri. Parimal Bose which was done on 8 -7 -86. With regard to other out of turn promotions challenged by the applicants the respondents state that the General Manager after considering the outstanding performance of the private respondents impleaded in this case appointed m against sports quota and gave them out of turn promotions. The respondents deny that in giving such out of turn promotions they have at all violated the directions issued by the Railway Board.;