Judgment

DESAI, J.:- There were three independent divisions called the departments under the Control of Divisional Electrical Engineer, Jhansi. They were:

1. Divisional Electrical Engineers, Jhansi.

2. Office of the Assistant Electrical Engineers (Workshop) Jhansi.

3. Office of the Assistant Electrical Engineer, Jabalpur.

These three departments had three separate offices. But the clerical staff such as clerk, senior clerk, head clerk and chief clerk of all the three departments were borne on a common seniority list till August 31, 1956. Effective from September 1, 1956, these three departments under the control of the Divisional Electrical Engineer, Jhansi were separated from each other on the introduction of the divisionalization in the railways. These three departments became three independent units, and in the matter of staff each devised its separate seniority list.

2. Department styled as workshop mentioned at serial No. 2 above was merged with the department office of the Chief Electrical Engineer, Bombay. This merger continued till July 31, 1979. Effective from. August 1, 1979, all the three original departments trifurcated on August 31, 1956 were reamalgamated in the matter of staff and a common seniority list was introduced in respect of all the four cadres which were prior to September, 1956 on a common seniority list. Pursuant to the amalgamation common seniority list (Annexure-6) was drawn up. It purports to be the combined seniority list of the Railway Administration, Electrical Department, Central Railway, Jhansi. Validity of the seniority list is impugned, in this appal. In this seniority list appellant No. 1 is at serial No. 3, appellant No. 2 is at serial No. 4, and appellant No. 3 is at serial No. 10. The department has assigned seniority to respondents Nos. 3-6, in the same seniority list at serial Nos. 2, 5, 6 and 9 respectively in the cadre of head clerks. The appellants contend that when the three departments had a common seniority, list, the appellants. were senior to respondents Nos. 3 to 6 but after trifurcation and reamalgamation respondents Nos. 3 to 6 who belonged to erstwhile workshop staff and who were amalgamated with the staff of the Chief Electrical Engineer, Bombay, obtained accelerated promotion because of easy availability of vacancies. Consequently, when re-amalgamation was introduced from August 1, 1979 when respondents Nos. 3 to 6 reverted to the common seniority list with appellants and other similarly situated persons, they scored a march over the appellants because of a fortuitous event. The contention in terms is that where staff employed in different units under the administrative control of one higher officer are borne on a common seniority list, when because of trifurcation reamalgamation all are brought back on the common seniority list, their position ante must be reflected in the seniority list. Original seniority it is said must prevail otherwise any other view would be denial of equality, of opportunity in the matter of public employment guaranteed under Article 16 of the Constitution. Accordingly the appellants challenged the seniority list in, W.P. No. 1415 of 1983 in the High Court of Judicature at Allahabad. A Division Bench of the High Court by a short cryptic order rejected the Writ Petition observing that the Court did not find any merit in the Writ Petition. Hence this appeal by special leave.

3. The appellants have an iron clad case. The facts, not disputed, to summarise briefly are that under the Divisional Electrical Engineer there were three separate departments under his administrative control. Members of the Staff of the three departments were borne on a common seniority list. In other words they were deemed to belong to one office, in the matter of seniority and promotion. This is not only not disputed but the averment to that effect in para 6 of the petition has been admitted in the counter- affidavit filed on behalf of the Railway Administration. It is again admitt