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1994 Supreme(SC) 582

YOGESHWAR DAYAL, KULDIP SINGH
Telecommunication Engineering Service Association India – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.SIKRI, Altaf Ahmed, ANIL KATIYAR, BINU TARNTA, C.K.Suchitra, C.S.VAIDYANATHAN, G.PRAL, GOVINDA MUKHOTY, K.AMARESWARI, K.SWAMY, K.V.MOHAN, LALITA KAUSHIK, MADHU SIKRI, MINAKSHI ARORA, Naresh Kaushik, P.P.Rao, T.V.RATNAM, V.C.MAHAJAN

Judgment

YOGESHWAR DAYAL, J.

(1) THIS Order will dispose of above-said 58 matters. However, we are taking the facts from Special Leave Petition No. 16698 of 1992. This Petition is directed against the judgment dated 29/6/1992 passed by the central Administrative tribunal, Principal bench, New Delhi in Review Application No. 195 of 1992 in OA No. 2667 of 1991. This decision was rendered by the Principal bench over a conflict of decision on two basic issues which arose for consideration, namely (1 whether the applicants and persons similar to them are entitled to promotion from the grade of Jr. Engineers to the next higher grade in the Telegraph Engineering Service Group B (Assistant Engineers and equivalent post) on the basis of the year of passing the qualifying Departmental Examination envisaged in para 206 of the P&T Manual and not on the basis of their respective seniority as had been adopted and followed by the respondents; and (2 whether in the facts and circumstances, they are entitled to refixation of inter se seniority on the said basis and promotions with retrospective effect together with back wages. After considering the judgment of the High court of















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