The main legal point established in the judgment is that the amended Para 2511(a) of the Indian Railway Establishment Manual has retrospective effect, and the seniority of casual laborers treated as temporary is to be reckoned from the date of their regular appointment after screening/selection. The court also emphasized that any clarification running contrary to the Supreme Court's decision must be ignored, and the seniority list must conform to the principles laid down by the Supreme Court.

JUDGMENT

Tarun Chatterjee, J.

1. Leave Granted

2. This batch of appeal has been filed against the judgment passed by the Division Bench of the High Court of Andhra Pradesh whereby the common order of the Central Administrative Tribunal, Hyderabad (in short "the Tribunal") was clarified to the extent that such of the observations made by the Tribunal which went contrary to the decision of this Court in V.Kameshwari v. Union of India1, had to be ignored and the authorities shall only take into consideration the principles laid down by this Court and prepare the seniority list as directed.

3. Briefly stated the facts leading to the filing of these appeals are:

3.1 On 19th January 1971, some of the casual labourers were selected as Khalasis by the Selection Committee constituted by the Railways. Their names were placed in the panel for absorption as Khalasis as and when vacancies would arise. Those who were working as casual labourers in 1970-71 were given temporary status after completion of 180 days of continuous service. The appellants and similarly situated persons were promoted as Khalasis and from Khalasis to Khalasis Helper and Grade III Fitter, Grade II Fitter and Grade I Fitter and Master Craftsman (MCM).

3.2 A seniority list was prepared on 6th March 1979. One K. Prabhakar Rao and others who were working as Class IV Khalasi, filed a Writ Application NO.5917 01 1980 in the High Court challenging the aforesaid seniority list.

3.3 By a final order dated 8th December 1983, a learned Single Judge of the High Court disposed of the Writ Application by directing the petitioners to submit their representations within one month from the date of that order and also directed the respondents to prepare final seniority list and publish the same within four months of receipt of the representations from them. The judgment read:

"The petitioners shall be permitted to submit their representations against the seniority list published on 6-3-1979, within a period of one month from today. If any such representations are received, they shall be considered in the light of the relevant material by the appropriate authorities, and a final seniority list published. The final seniority list shall be published within four months of the receipt of representations from the petitioners. In case the seniority list is revised, the promotions already made, shall also be revised and re-adjusted in accordance with the said seniority list."

(Bold is ours)

3.4 On 29th October 1984, in a different matter concerning the Seniority list of the Grade-D Khalasi of Secunderabad Division, a Division Bench of the High Court allowed a Writ Application No. 4058 of 1982 and held as under:

The petitioners are entitled to count their seniority from the date of their completion of six months of continuous service i.e. from the date they acquired temporary status in the category. A seniority list shall accordingly be prepared, published and communicated. It is clarified that the amended paragraphs 2511 (a) of the Indian Railways Establishment Manual has no application to the petitioners." (Bold is ours).

3.5 When the Tribunal was constituted under the Act, some of the casual labourers, on 23rd September 1987 challenged the seniority list before the Tribunal, which dismissed the said petition on the ground of delay.

3.6 On an application for review of the aforesaid order dated 23rd September 1987, the Tribunal allowed the same on 2nd November 1987 and held that the petitioners to that review application were entitled to count their seniority from the date of granting them temporary status.

3.7 On 21st February 1989, the Tribunal allowed a Transfer Application NO.135 of 1986 filed by Prabhakar Rao and others in which it was held that the applicants therein were entitled to seniority from the date of temporary appointment and not from the date of regularization.

3.8 On 27th October 1989, the Tribunal in Transfer Application NO.779 of 1986 filed by one K. Ch, Venkayya and others directed the