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1994 Supreme(SC) 570

KULDIP SINGH, YOGESHWAR DAYAL
A. K. Nigam – Appellant
Versus
Sunil Misra – Respondent


Advocates:
Arun K.Sinha, C.V.SUBBA RAO, D.PRAKASH REDDY, HARISH N.SLAVE, I.P.P.MALHOTRA, K.Madhava Reddy, MINAKSHI GROVER, NILAM SHARMA, R.CHATTERJI, R.P.Srivastava, T.C.SHARMA

Judgment

YOGESHWAR DAYAL, J.- This is an appeal on behalf of appellants - S/Shri A.K. Nigam, K. Thiagarajan and Suresh Kumar against the judgment dated 5-3-1993 of the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 1422 of 1987 filed by Respondent 1 Shri Sunil Misra challenging the seniority list of Indian Railways Personnel Service (JS/SS) Officers as on 1-3-1987. By the aforesaid order the Tribunal had accepted the application of Respondent 1 and held that the appellants herein could not be ranked senior to him.

2. For appreciating the controversy it would be necessary to refer to the facts.

3. Appellants 1 and 2 were appointed to the grade of Section Officers (Rs 650-1200) (Group B) in the Railway Board Secretariat Service (RBSS) on the basis of IAS, etc. Examination, 1977 and joined the service on 9-7-1979 and 21-7-1979 respectively. Appellant 3 joined the RBSS as Section Officer (Rs 650-1200) (Group B) on 10-6-1980 based on the IAS etc. Examination, 1978.

4. Shri Sunil Misra, Respondent 1, appeared in the Civil Services Examinations held in 1980 and was selected for Indian Railways Personnel Service (in short IRPS) as direct recruit Class I Officer on 12-


























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