- (1.) The genesis of dispute in the above two cases could be traced to a decision of the Board of Directors on 22.11.1984 to create a separate post as a Personal Assistant to the Managing Director that equated him to Stenographer Grade-I and yet another post as a Personal Secretary whose post was equivalent to an Assistant Manager with still higher scales. In the manner of working out the decisions taken by the Board of Directors, there had been a breach with reference to accommodating some persons in the post of Personal Assistant and Personal Secretary drawn not merely on the basis of seniority but by the respective persons holding on to the post under fortuitous circumstances at the time when the Board decision was taken in the year 1984.
(2.) The opposition to the merger of the seniority had been on account of the fact that the general cadre employees at all times felt that if the Board resolution was put in place, every Stenographer would have two options: either to have seniority in his own cadre or to the general side, which was beneficial to him without taking into account the seniority of the employees of the general side senior to him. By such a process, he could bye-pass seniors in the general side. A person could have seniority in his own grade and it would not permissible to disturb the seniority of other classes at his discretion to bye pass the seniors. Once there had been a merger of seniority, the question of retaining the identity in their cadre would not arise and Stenographers could only be promoted when all his seniors were promoted from general side. On the other hand, the Stenographers were still claiming separate seniority in their own cadre so that they could take a benefit as and when it was suitable to them.
(3.) As illustrative of their apprehensions about the injustice that could arise, the petitioners would point out to the fact that in September, 1983 when the posts of Personal Assistants were lying vacant and the same were to be filled in by promoting senior-most Stenographers Grade-I at that time, they were promoted as Assistant Managers on the general side by giving them the benefit of merger of seniority with general cadre and a junior employee was promoted as Personal Assistant by giving him the benefit of separate seniority. A Senior Assistant in the general cadre was superseded and two or more junior Stenographers Grade-I had become Personal Assistants and superseded many of the seniors (Assistants) on the general side. Stenographer Grade-II was also promoted as Assistant by giving him the benefit of merger of seniority and he had been promoted as Personal Assistant by giving him the benefit of separate seniority as Stenographer.;