Union Of India Rep. By The v. The Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2019
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.17726 of 2017 and W.M.P.No.19241 of 2017 1.Union of India rep. by the General Manager, Southern Railway, Park Town, Chennai - 3.
2.The Chief Personnel Officer, Southern Railway, Park Town, Chennai - 3.
3.The Divisional Personnel Officer, Salem Division, Southern Railway, Salem.
.. Petitioners Vs.
1.The Registrar, Central Administrative Tribunal, Chennai Bench, High Court Campus, Chennai - 104.
2.E.Muthukumar 3.Maya Peethambaran 4.P.Subramanian 5.Franklin Washington 6.A.Bala Gurumurthy 7.J.K.Lakshmana Raj 8.C.S.Muralikrishna 9.P.Manivannan 10.Ebenezer Chellappa Jagnavasan 11.S.A.Annadurai 12.A.Saha Irudayaraj 13.N.Shanmugavelu 14.R.Subramanian 15.K.Arumugam 16.R.H.Latha 17.A.Subramanian
18.R.Inbarasu 19.K.Sadhasivan 20.L.Palanisamy K.Sivasankaran (since deceased) 21.K.Ramu Ammal 22.S.Vijayavarman 23.N.Sayileela 24.A.Sheela 25.S.Easwaramurthy 26.K.Ganapathy 27.Raju P.Thomas 28.G.Sethulakshmi 29.G.Ramaraj 30.J.K.Premkumar 31.P.V.Kumar 32.B.Minimole 33.R.Murugarathinam 34.K.Chandran 35.K.Govindasamy 36.R.Venkatachalam 37.K.Sathyabama 38.K.V.Ramnath 39.A.R.Maheswaran 40.A.Diwakaran 41.R.Senthil 42.Sojan Philip 43.R.Mini 44.Haribalakrishnan Rangasamy 45.P.N.Radhakrishnan 46.B.Chandran .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the entire records of the order dated 17.08.2016 passed by the first respondent Tribunal in O.A.No.310/00253/2014 and quash the same. For Petitioners .. Ms.T.P.Savitha For Respondents .. No appearance for R2 to R46
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) Challenging the order of the first respondent dated 17.08.2016, the present writ petition has been filed. 2.Heard the learned counsel appearing for the petitioners. None appears for the respondents including the contesting
respondents, who are the applicants before the Tribunal, notwithstanding the fact that their names have been printed. 3.The contesting respondents were working as Commercial clerks with the petitioners. The promotional post to the aforesaid post is the Chief Commercial Clerk. They were made to undergo apprenticeship for a period of two years. Thereafter, they would be absorbed in the post of Chief Commercial Clerk as per the Notification dated 26.09.2007. Accordingly, the second respondent was absorbed on 09.06.2010 and the third respondent was absorbed on 24.07.2010.
4.In the meanwhile, the post of Head Commercial Clerk got merged with the post of Chief Commercial Clerk. This happened on 14.09.2010. Accordingly, the other private respondents, who are working as Head Commercial Clerks were redesignated as Chief Commercial Clerks. In the inter se seniority, respondents 2 and 3 were placed below them. This is the subject matter of dispute before the Tribunal. The Original Application has been filed by respondents 2 and 3 interalia contending that they should be placed above others. The Tribunal, by placing reliance upon the circular dated 26.09.2012 fixing the inter se seniority, was pleased to allow the Original Application by directing the petitioners to fix the seniority as per the above circular. 5.The aforesaid circular deals with the employees working in the particular cadre.
Unfortunately, respondents 2 and 3 did not even enter the cadre on the relevant date of merger. They were only apprentices. They have been absorbed only subsequently, by which time, the merger has taken place. On the date of merger, the other private respondents were working as Head Commercial Clerks. This position was not considered by the Tribunal.
6.In such view of the matter, there is no question of application of circular to the case of respondents 2 and 3, who are admittedly absorbed subsequently. In such view of the matter, we are constrained to interfere with the order of the Tribunal. Accordingly, the impugned order is set aside and the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mmi
To The Registrar, Central Administrative Tribunal, Chennai Bench, High Court Campus, Chennai - 104.
+1cc to Mr.T.P.Savitha, Advocate SR.No.4523 W.P.No.17726 of 2017 CP(CO) GMY(18/02/2019)