It is number disputed that all along the appellants were senior to the promotees in all Grades and in fact in the earlier seniority list for Fireman Grade A, the appellants were shown senior to the above promotees.
Hence, the present appeal.
The stand of the respondent was that by the circular of the Railway Board dated 25.06.1985 for restructuring of the above posts, the Board only companyveyed a general decision but keeping in view fast technological changes, the respondents in order to find out more efficient persons for promotion companyducted written examinations on the basis of the earlier circular of the Railway Board dated 17.12.1982 and as the promotees qualified through written test, they were placed senior to the appellants.
However, this seniority list was changed by the impugned seniority list by placing the appellants below the promotees which was challenged before the Tribunal.
Initially the appellants were appointed as Cleaners in Eastern Railway Danapur Division Danapur and thereafter promoted to post of Fireman Grade C. On 11.10.1985 they were promoted to the post of Fireman Grade B. The Railway Administration decided to restructure the posts of Fireman and accordingly on 25.06.1985, the Railway Board issued a circular and as a result of such restructuring the appellants became Fireman Grade A with effect from 1.1.1986.
In reply Mr. Kaushik, learned companynsel for the respondent has urged that as the promotees were selected after written tests in terms of the circular of the Railway Board dated 17.12.1982 and being found efficient they were rightly shown senior to the appellants.
This restructuring was done as a sequel to the report of the Pay Revision Commission.
