JUDGMENT

SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application for leave to appeal under Art. 136 of the Constitution, directed against the judgment and order of the Central Administrative Tribunal, Calcutta Bench (Justice Ashamukul Pal and Mr. B. Mukhopadhyay) dated 8th Dec. ,1986. The Tribunal had dismissed the challenge made by the petitioners herein to the memorandum of 1979 declaring that the posts in Production Control Organisation (for short PCO) in Kharagpur would be treated as ex cadre.

( 2 ) THERE are 75 applicants in this case. At the relevant time they all were employees of the PCO at Kharagpur Railway Workshop of South Eastern Railway. The petitioners contend that these posts could not be declared as ex cadre posts because vested rights of the petitioners could not be affected. Secondly, it was contended that they were treated differently from those of the Integral Coach Factory on the Southern Railway and the employees of PCO there continued to hold the cadre posts. This is hostile discrimination and amounts to violation of the rights of the petitioners. The Tribunal by its impugned order rejected both the contentions.

( 3 ) THE PCO was in existence from the time of the