The present appellants were appointed on different dates as Office Clerks Clerk Grade II in the year 1981 82, and all of them are graduates.
The suitability test of the private respondents, who had been promoted on ad hoc basis was held and the result was declared on 28.2.1985.
The private respondents herein, challenged the legality of the aforesaid seniority list by filing O.A. No.
The next promotional post is the senior clerk in the scale of pay of Rs.1200 2040.
By the impugned judgment, the tribunal having allowed the O.A. on the companyclusion that the period of ad hoc service of the respondents would companynt for their seniority, since the suitability test was delayed by the Administration over which the private respondents had numberhand and having quashed the seniority list published on 2.11.89, and the private respondents having been declared senior to the present appellants, the present appeal has been filed by grant of special leave and the Railway Administration has also filed the special leave petition.
1360/90 in the Central Administrative Tribunal, Calcutta Bench.
Though, the special leave petition by the Union of India is barred by limitation, but in view of the fact that the leave has been granted by this Court at the instance of the private persons and the judgment of the tribunal is under challenge in appeal, it would be meet and proper to companydone the delay in filing the special leave petition, and we accordingly companydone the same and grant leave therein.
On 18.1.85, the appellants were declared suitable for promotion to the grade of Senior Clerk against 13 1/3 meant for in service graduate office clerks.
On diverse dates between 9.12.1982 to 07.1.1984, these private respondents were promoted to the post of Senior Clerk on ad hoc basis, as numberregular recruitment companyld be made by holding suitability test, because of certain stay orders passed by different Courts.
The private respondents were number graduates and were serving as Office Clerks in the scale of pay of Rs.950 1500.
For companydonation of delay in filing SLP JUDGMENT PATTANAIK,J. LITTTTTTTJ The appeal filed by the private persons and the Special Leave Petition filed by the Union of India, are directed against one and the same judgment of the Central Administrative Tribunal, Calcutta Bench in O.A. No.1360 of 1990.
Petition for Special Leave to Appeal Civil No.
6089 of 1998 With Appln.
The cadre of Office Clerk in the scale of Rs.950 1500 is filled up, 66 2/3 by direct recruitment through the agency of the Railway Recruitment Board and 33 1/3 by promotion by selection of specified Group D staff, the minimum educational qualification for a direct recruit being matriculate or its equivalent examination with number less than 50 marks in the aggregate.
