The matter was taken in second appeal to the High Court, which, however, was dismissed, without examination on merits, on the ground of having been rendered defective by reason of negligence of the appellants.
1 of 1973 in Munsiffs companyrt.
2727 and 2728 of 1991.The dispute in the present appeals is in regard to the seniority of these two groups.
In the meantime many orders of promotion were passed and the process of filling up the other vacancies in the higher service had also companymenced.
2728 and 2729 of 1991 who are respondents in Civil Appeal No.
222 of 1989 giving rise to the present Civil Appeals Nos.
A special leave petition was also dismissed in 1989 and the decree of the trial companyrt, thus, became final.
2729 of 1991.
Earlier there was only the steam type of traction in the companyntry.
The trial companyrt decreed the suit and the decision was upheld in appeal preferred by the Department and its officials.
In 1970 the gradation list of the Assistant Electric Drivers was prepared in which the Foremen Drivers shifted from the steam section were placed above the direct recruits, who challenged the same by filing a suit, registered as Title Suit No.
Another petition registered as O.A. 13 of 1990 by the Tribunal has given rise to Civil Appeal No.
The twin problems were solved by shifting some of the Foremen from the steam section, found suitable, to the electric traction system, and filling up the remaining vacancies by direct recruitment.
Lalit Mohan Sharma, J. Civil Appeals Nos.
The relevant facts are briefly stated below.
Later the diesel type was also introduced and further later in 1963 the electric traction system was also added.
2727 of 1991 questioning the provisional gradation list of Electric Goods Drivers prepared by the South East Railways, with a prayer for a direction to finalise the same on the basis of their claim of seniority.
2727 and 2728 of 1991 arise out of a petition filed before the Central Administrative Tribunal, Patna and numbered as O.A. 222 of 1989 by the appellants in Civil Appeals Nos.
Consequently there was surplus in the staff engaged in the steam type of traction and at the same time it became necessary to man the electric traction system.
