important point
The judgment of a court should not be read as a statute, it has to be read in its entirety.

JUDGMENT

S.B. SINHA, J. —

1.Leave granted.

2.This case has a chequered history. Appellants herein were appointed as Chargeman Grade-II. They were, in terms of the Scheme dated 23rd April, 1965, required to appear in an examination for appointment to the post of Chargeman Grade-II or Supervisor Grade-A initially. They appeared in the said examination. They were, however, appointed as Supervisor Grade-A on account of the marginal difference in the marks obtained by them from the others who were appointed as Chargeman Grade-II. The Director General on or about 4th May, 1967 taking into consideration the marginal difference in the marks obtained by the appellants decided to give another chance to the appellants to appear within six months in the next examination so as to enable them to be graded as Chargeman Grade-II, in the event, if they qualify therein. It resulted in issuance of Government order dated 4th May, 1967 in terms of which the 1965 Scheme was amended as under :

“The Supervisory Apprentices who secure 5% marks less in the aggregate than prescribed by the Central Selection Board for gradation as Chargeman Grade II in a particular gradation examination will be graded as Supervisor Grade A/or equivalent but will be allowed to take another chance at the next gradation examination and on the basis of their performance may be graded by the D.G.O.F. as fit for appointment as Chargeman Grade II and appointed as such with effect from a date after they are so graded in the subsequent gradation examination.

This will have retrospective effect to cover the past cases in which the DGOF has already allowed the Supervisory Apprentices another chance to appear in the gradation examination.”

3.Allegedly, however, the Government of India adopted a policy of pick and choose and did not grant the benefit of the said Scheme to which they were otherwise entitled thereto. A.K. Saxena and others filed writ petition before the Delhi High Court. Appellant herein filed a similar writ petition before the Calcutta High Court which was marked as CR1671-W/83. On establishment of the Central Administrative Tribunal under the provisions of the Administrative Tribunal Act, 1985 those petitions were transferred to the Central Administrative Tribunal and were marked as TA-1069/86. However, with effect from 1st January, 1980 the post of Supervisor Grade-A and the Chargeman Grade-II were directed to merge. The Central Administrative Tribunal allowed the said Transferred Application of the appellants by an order dated 9th July, 1990 directing :

“On the facts and circumstances of this case, we with respect, agree with the observations of the Supreme Court set out above. We are also of the view that the respondent authorities, in not calling the applicants to sit in the examinations held earlier had acted discriminately. As the course for the official respondents has admitted that holding of intended examination is not necessary. We direct the respondent authorities not to hold the examination. We also direct the respondent authorities to refix the respective notional seniority of the applicants and fix their pay scale and all benefits attached thereto as per rule on the basis that all the applicants came out successful in the selection test for promotion to the post of Chargeman Grade II from their respective dates of examination. But they will not be entitled to any back wages or any other financial benefit save and except the notional seniority. The applicants will be entitled to be paid in accordance with the fixed pay scale and all these directions must be completed within 90 days from date. As the present application was filed in the representative capacity by obtaining leave under Rule 11 of CPC from the Honble High Court on 18-3-83, this decision will be binding on all other persons similarly situated and similarly affected. The respondents are directive to give the same benefits to them to avoid future litigation on the same issue.”

4.However, the said d