- (1.) INSTANT petition is directed against order of the ld. Tribunal dt. 25.7.2007.
(2.) THE present respondents who are the original applicants before the Tribunal were appointed as Trains Clerk (TNC) on different dates in the Establishment of Railways but at later stage as a result of closure of Achnera/Phulera/Bandikui Yard, about 30 TNCs became surplus in the Jaipur Division and in this regard order dt. 8.8.1994 was passed directing to the Station Superintendent/Station Masters of Jaipur for seeking consent of the surplus TNC staff for being adjusted as ticket collectors in Jaipur Division by protecting their pay and seniority. The order also contained a proforma for seeking consent of the surplus TNCs. Main contention of the respondents employees before the Tribunal was that once they have been declared surplus and absorbed by railway establishment they will be entitled to carry the benefit of past service rendered for the purpose of assignment of seniority and the ld. Tribunal taking into consideration earlier order in the case of G.K. Gandhi & Ors. v. Union of India & Ors. in OA -529/1994 on 22.2.2000 and taking note of para 311 of Indian Railway Establishment Manual (IREM), finally granted them benefit of past service for the purpose of assignment of seniority on the post they were absorbed and set aside the order of the establishment dt. 30.10.1998 and further directed that the seniority list dt. 3.10.1998 be rectified to the extent by inserting the name of the respondent employees at the appropriate place after giving them benefit of past service.
(3.) THE order passed by the Tribunal in the case of G.K. Gandhi referred to supra came to be challenged before this Court by the persons who are affected obviously the employees whose seniority was affected and the Coordinate Bench of this Court vide order dt. 2.2.2007 in DBCWP -3236/2000 examined the matter in detail and finally dismissed the writ petition and upheld the view of the Tribunal and extended benefit of past service to such of the employees who were declared surplus and absorbed in another unit of the railway establishment vide judgment dt. 2.2.2007.;