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1988 Supreme(SC) 462

M.P.THAKKAR, B.C.RAY
SOUTH EASTERN RAILWAY THROUGH CHIEF PERSONNEL OFFICER, GARDEN REACH, CALCUTTA – Appellant
Versus
RAMANARAIN SINGHS UNION OF INDIA – Respondent


ORDER

1. The problem posed and the point raised in these appeals covered against the appellants by a decision of this Court rendered in Rama Kant Chaturvedi v. Divisional Supdt., N. Rly.l In Rama Kant question of seniority had arisen in the context of the employees working as engine drivers on the steam side who were posted on the dies Diesel Engine Drivers after completing the requisite training and at the requisite test. The problem arose on account of diesel" switching over from steam engines to diesel engines. Consequently the engine drivers on the steam side were rendered surplus. The Railway administration instead of retrenching them gave them the option to training and to qualify themselves, for being posted on the diesel operation was loosely referred to as "transfer" to the diesel side reality it was an operation for "absorbing" the steam side drive diesel side upon their being qualified in this behalf after undergoing This Court has taken the view that those who were appointed or earlier in point of time on the diesel side would be senior to those appointed or absorbed on the diesel side at a later date; notwithstanding fact that the latter were senior in the parent cadre

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