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2001 Supreme(SC) 884

B.N.AGARWAL, G.B.PATTANAIK
Swapan Kumar Pal – Appellant
Versus
Samitabhar Chakraborty – Respondent


JUDGMENT

Pattanaik, J.-The appeal filed by the private persons and the Special Leave Petition filed by the Union of India, are directed against one and the same judgment of the Central Administrative Tribunal, Calcutta Bench in O.A. No. 1360 of 1990. Though, the special leave petition by the Union of India is barred by limitation, but in view of the fact that the leave has been granted by this Court at the instance of the private persons and the judgment of the tribunal is under challenge in appeal, it would be meet and proper to condone the delay in filing the special leave petition, and we accordingly condone the same and grant leave therein.

2. The inter se seniority in the cadre of Senior Clerk under the Railway Administration between the promotees from the grade of Office Clerk (Clerk Grade II) against 66-2/3 quota and the in-service graduates, working as Junior Clerks, who were promoted through a limited departmental examination against 13-1/3 quota is the subject matter of dispute. By the impugned order of the tribunal, the promotees who were initially promoted on ad hoc basis and later on, whose services were regularised, have been held to be entitled to count



































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