- (1.) The instant petition is directed against order dated 3.7.2001 (P-12), passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal'), in O.A. No. 1102/PB/93. The Tribunal has dismissed the Original Application filed by the petitioners in which it was claimed that the petitioners were entitled to the grant of seniority in the cadre of Junior Clerk and subsequent promotion with effect the dates they have been working in Railway Coach Factory, Kapurthala (for brevity, 'the RCF') with all consequential benefits such as arrears of pay alongwith interest etc.
(2.) Few undisputed facts may first be noticed. All the four petitioners are regular Group 'D' screened Khalasis who were working on the post of Khalasi in Ferozepur Railway Division and they held a lien on That post. They came on transfer to the RCF as Clerks and there was promise of some incentive. The incentive scheme was introduced vide letter dated 31.7.1986 (P-1) after joining of the petitioners in the RCF. According to the provisions made, the staff belonging to Group 'C' and 'D', which has been diverted from other railways, was to be considered for out of turn promotion up to two grades than the grade held by them in their parent cadre. The petitioners were promoted as Clerk-cum-Typist in the pay scale of Rs. 950-1500 on ad hoc basis with a clear stipulation that they were to have no right of seniority over their seniors, as is evident from order dated 3.6.1987 (P-5). Thereafter they were promoted as Senior Clerks in the scale of Rs. 1200-2040 again on ad hoc basis but were reaverted as Junior Clerks vide order dated 10.10.1988 (P-8). It is pertinent to mention that there was a group of candidates eligible for Group 'C' posts from the category of 'Oustees' whose land was acquired. Those candidates were working in Group 'D' service and a screening test was held for them on 13.3.1988. The petitioners made an unsuccessful attempt to seek participation in that test by pleading equality with them but their claim was not considered. The 'oustees' were however, selected vide eater dated 14.3.1988 (P-7). It was at this stage that the petitioners were reverted from the post of Senior Clerk to that of Junior Clerk. It is alleged that one Shri Kamal Kumar respondent No. 4, who was junior to the petitioners, was not reverted.
(3.) The petitioners represented for their regularisation as Clerk-cum-Typist in the RCF from the initial date of their appointment there with all benefits of seniority etc. The test was held in December, 1991. It is claimed that they appeared and qualified and Shri Kamal Kumar respondent No. 4 failed in the test, who continued to work as Senior Clerk. Vide notification dated 5.6. 1992 (P-10), the petitioners were placed on the panel for the post of Clerk- cum-Typist against ranker's quota. The RCF was declared as production unit with effect from 1.4.1990, which was not to have any effect on the incentive enjoyed by the staff under the Scheme extended to them. The benefit of the Scheme was, however, closed with effect from 1.4.1990 and those who joined after introduction of the Scheme were not given any benefit. The petitioners have repeatedly represented for regularisation as Junior Clerk with claim of seniority from the date of their initial appointment. They pleaded that some persons who were first appointed as Casual Khalasis and then approved as Junior Clerks, were their junior and submitted that they were entitled to be regularised as Junior Clerks along with 'oustees' appointed against the ranker's quota from the date of their appointment in RCF. They also claimed that they should be made senior to 'oustees' with all consequential benefits. In the alternative it was claimed that they should be deemed to be regularised with effect from 1.4.1990 by quashing order of their reversion dated 10.10.1988 (P-10).;