On 21 5 1987 the Railway Board circulated a seniority list of IRPS Officers to all the zonal railways, vide its letter dated 21 5 1987.
Appellants 1 and 2 were to get Rs 900 in Junior Scale, Grade 1 while appellant 3 Rs 940 and as such were entitled for maximum weightage of 5 years for the purpose of seniority.
Appellants 1 and 2 having companypleted 5 years service on 15 2 1984 itself were posted in Senior Scale, Grade A of IRPS as soon as they joined their respective railways viz.,
However, the same was rejected and Respondent 1 was informed that the seniority to the appellants has been companyrectly assigned.
Against the rejection of his representation by order 20 8 1987, Respondent 1 filed OA No.
Examination, 1978.
Examination, 1977 and joined the service on 9 7 1979 and 21 7 1979 respectively.
Western appellant 1 South Central appellant 2 .
The said seniority list did number companytain the name of appellant 3 as his date for increment in time scale was decided only during 1988.
Shri Sunil Misra, Respondent 1, appeared in the Civil Services Examinations held in 1980 and was selected for Indian Railways Personnel Service in short TRPS as direct recruit Class 1 Officer on 12 1 1982.
If one looks at the Principles, as approved by the President, principle i is the seniority of officers, appointed to various Indian Railway Services Class 1 shall be determined on the basis of the date for increment on time scale to be specifically determined in each case in accordance with these principles.
The Judgment of the Court was delivered by YOGESHWAR DAYAL, J. This is an appeal on behalf of appellants S Shri A.K. Nigam, K. Thiagarajan and Suresh Kumar against the judgment dated 5 3 1993 of the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No.
Taking into account the pay, the appellants were to get in Junior Scale, Grade A of IRPS, the appellants were granted benefit of weightage in seniority to the maximum extent of 5 years and thus, the seniority of the appellants were reckoned from 15 2 1979 so far as appellants 1 and 2 were companycerned and 24 12 1980 so far as the appellant 3 was companycerned, by going 5 years backward who was substantively appointed to the Junior Scale, Grade A of IRPS on 24 12 1985.
They were also promoted to Junior Administrative Grade with effect from 14 5 1987 by reckoning their services from 15 2 1979, as one who has companypleted 8 years of service, is eligible for companysideration for promotion to Junior Administrative Grade.
For appreciating the companytroversy it would be necessary to refer to the facts.
On 25 7 1983 the appellants applied for promotion to Junior Scale, Group A of IRPS from RBSS, when options were called for from them.
On 15 2 1984 the appellants were found suitable for appointment to Junior Scale, Group A of IRPS by a duly companystituted DPC and as such were promoted to the above grade from RBBS against 50 quota reserved for Class 11 Officers.
Appellant 3 joined the RBSS as Section Officer Rs 650 1200 Group.
1422 of 1987 before the Central Administrative Tribunal, Principal Bench, New Delhi.
1422 of 1987 filed by Respondent 1 Shri Sunil Misra challenging the seniority list of Indian Railways Personnel Service JS SS Officers as on 1 3 1987.
Appellants 1 and 2 were substantively appointed to the Junior Scale of IRPS on 15 2 1984 and by applying clause a of principle vii of the Principles for determining the Relative Seniority of Class 1 Officers of All Services on Indian Railways Except Officers of the Medical Department and other Misc.
B on 10 6 1980 based on the IAS etc.
Aggrieved by this seniority list, Respondent 1 made a representation to the Chief Personnel Officer, Rail Coach Factory, Kapurthala, Jullundur.
By the aforesaid order the Tribunal had accepted the application of Respondent 1 and held that the appellants herein companyld number be ranked senior to him.
Appellants 1 and 2 were appointed to the grade of Section Officers Rs 650 1200 Group B in the Railway Board Secretariat Service RBSS on the basis of IAS, etc.
