O.A. No. 391/08 & O.A. No. 480/08. Case: 1. E. Sathyanatha Shenoy, Assistant Loco Pilot, Ernakulam, 2. K. Rajeev, Assistant Loco Pilot, Crew Controllers Office, Southern Railway, 3. G. Binu, Assistant Loco Pilot, Crew Controllers Office, Southern Railway, Ernakulam, 4. P. K. Harish, Assistant Loco Pilot, Crew Controllers Office, Southern Railway, 5. Biju V.Nair, Assistant Loco Pilot, Crew Controllers Office,Southern Railway, Ernakulam, 6. P. V. Sunil Kumar, Assistant Loco Pilot, Crew Controllers Office, Southern Railway, Ernakulam Vs 1. Union of India represented by General Manager, Southern Railway, Chennai, 2. Chief Personnel Officer, Southern Railway, Chennai, 3. Senior Divisional Personnel Officer, Southern Railway, Trivandrum Division, 4. K. R. Jayamohan, Assistant Loco Pilot, Crew Controllers Office, Southern Railway, 5. P. A. Ashokan, Shunting Loco Pilot, Crew Controllers Office, Southern Railway, Alleppey, 6. R. Shyamkumar, Assistant Loco Pilot, Crew Controllers Office, Southern Railway, Kollam, 7. N. N. Gireeshkumar, Assistant Loco .... Central Administrative Tribunal
| Case Number | O.A. No. 391/08 & O.A. No. 480/08 |
| Counsel | Martin G. Thottan, K. M. Anthru, T. A. Rajan, Thomas Mathew Nellimoottil |
| Judges | Dr.K. B. S. Rajan (Judicial Member) & K. George Joseph (Accountant Member) |
| Issue | Service Law |
| Judgement Date | February 05, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
K. George Joseph (Accountant Member), (Ernakulam Bench)
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Having common facts and common grounds both these O.As were heard together.
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Aggrieved by the arbitrary fixation of their seniority vis-a-vis the respondents, on their interdivisional transfer to the Trivandrum Division from the Madras Division,overlooking the date of initial appointment and the date of registration for such interdivisional transfer, the applicants have filed the O.As.
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Facts in brief. The applicants were working as Diesel Assistants in the Madras Division of the Southern Railway. They had registered for inter divisional transfer to the Trivandrum Division. They were transferred to the Trivandrum Division vide the order dated 24.4.2001 along with the respondents who were working as Diesel Assistants in the Palghat Division. In the provisional seniority list of Diesel Assistants/ Assistant Loco Pilots as on 1.10.2001 published in the Trivandrum Division showed that the applicants were assigned a higher position than the respondents. However vide memorandum dated 22.11.2007 the seniority list was modified placing the applicants as juniors to the private respondents.
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The applicants contend that the fixation of their seniority below the private respondents is highly arbitrary, unjust and discriminatory. The applicants who had registered their names much before the private respondents for inter divisional transfer are entitled for seniority in preference to them. Viewed from the date of regular appointment, date of submitting applications, for inter divisional transfer to the Trivandrum Division, the date of registration of such requests and even the date of joining the new division, the applicants are entitled to seniority above the private respondents. Even applying the principle laid down by this Tribunal in O.A. No.899/04 and other connected cases the applicants are entitled to higher seniority. They were not given an opportunity of being heard before their seniority was revised downwards.
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Respondent No.1 to 3 contested the O.As. They have submitted that the seniority of the employees in the category of Assistant Loco Pilot is maintained divisionwise. The seniority in the new division on their inter divisional transfer is to be maintained on the basis of the date of joining on such transfer as per para 312 of the IREM.The seniority list was revised in pursuance of the order of this Tribunal in O.A.No.899/04 and the judgment of the Hon'ble High Court in W.P.(C) No.9773/2007 in respect of the respondent-employees herein. In O.A.No.899/04 this Tribunal had directed the respondents to place the applicants therein in the order of their inter se seniority in the Palghat Division in the grade of Diesel Assistant irrespective of the date of their joining the Trivandrum Division. In the case of the applicants in the present O.As there is no order to modify their...
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