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1998 Supreme(SC) 200

G.B.PATTANAIK, S.SAGHIR AHMAD
Abraham Jacob – Appellant
Versus
Union Of India – Respondent


Judgment

G.B. Pattanaik, J.-These three appeals are directed against the same judgment of Central Administrative Tribunal, Ernakulam Bench, one by the Union of India, and the others by the affected employees who were the direct recruit Assistant Engineers in the Telecommunication Wing of the Government of India. The inter se seniority between the direct recruits and the promotees to the post of Assistant Engineer during the period 1969 till 1976 was the subject matter of consideration before the Tribunal, on an application being filed by a promotee challenging the seniority list of the Assistant Engineers dated 20th June, 1994 as well as the provisional seniority list of Executive Engineers dated 25th November, 1994. The Tribunal by the impugned judgment has quashed the seniority list of Assistant Engineers and has directed to re-draw a fresh seniority list without importing any quota/rota rule for the period prior to 9.9.1976.

2. Admittedly, the post of Assistant Engineer in the erstwhile Civil Wing of Posts and Telegraphs Department now nomenclatured as Telecom­munication Department was being filled up only by direct recruitment. There was an statutory rule governing the ser





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