The main legal point established in the judgment is the court's affirmation of the CAT's direction for prospective merger and determination of seniority based on regular entry into the respective grades. The court also emphasized the need for re-adjudication of the issue of the seniority list/order dated 22nd January 2011 by the CAT.

1. Heard learned counsel for the parties.

2. With the consent of and at the request of learned counsel for the parties, all these petitions are taken up for consideration together and disposed of by a common judgment and order. Even otherwise, the issues involved in all these petitions are interlinked and therefore, it is only appropriate that all these petitions are taken up and disposed of together by common judgment and order.

3. Writ Petition No. 1708 of 2004 has been instituted by Hemant R. Mhatre and 17 others, hereafter referred to as 'Tool Checkers' to question the judgment and order dated 22nd October 2003 made by the Central Administrative Tribunal (CAT), Mumbai in O.A. No. 528 of 2001 instituted by them, to the extent, it directs the respondents in the said O.A. to take a decision on the issue of merger of cadres only with prospective effect.

4. The petitioners in Writ Petition No. 1708 of 2004 (Tool Checkers) contend that there ought to be merger of cadres, but with a retrospective effect, i.e., from 25th June 1985 and not merely with prospective effect. Therefore, the main issue involved in Writ Petition No. 1708 of 2004 is whether the merger of the cadre of Tool Checkers with that of ministerial cadre (Junior Clerks) should be with prospective effect or whether the same should be retrospective with effect from 25th June 1985.

5. In pursuance of the judgment and order dated 22nd October 2003 in O.A. No. 528 of 2001, the Union of India (Western Railway) issued order dated 26th May 2004, actually merging the cadres of Tool Checkers and Junior Clerks. This was subject to certain conditions, including, condition No. vii in the matter of determination of seniority in the merged cadre. This condition, inter alia, provided that on the merger of cadre of Tool Checkers with the cadre of Junior clerks, the seniority of Tool Checkers vis-a-vis Junior Clerks may be decided on the basis of entry into grade of Tool Checkers/Junior Clerks on regular basis.

6. However, it was the case of the Tool Checkers that despite the clear condition in clause vii of the order dated 26th May 2004, this principle of determination of seniority on the basis of entry into the respective grades on regular basis was ignored and promotions were sought to be made to the promotional post of senior clerks, based on a seniority list prepared in breach of clause vii. Therefore, the Tool Checkers instituted O.A. No. 466 of 2005 before the CAT to question promotion order dated 3rd February 2005 and seek consequential relief’s.

7. The CAT, by the judgment and order dated 22nd February 2008 upheld the contention of Tool Checkers, quashed and set aside promotion order dated 3rd February 2005 and directed the Union of India (Western Railway) to make promotions to the post of Senior Clerks on the basis of general seniority published on 25th January 2005 alongwith all consequential benefits.

8. Aggrieved by the judgment and order dated 22nd February 2008 in O.A. No. 466 of 2005, the Union of India (Western Railway) and Junior Clerks have instituted Writ Petition No. 6473 of 2008 and Writ Petition No. 285 of 2009 seeking quashment of the same.

9. In Writ Petition No. 6473 of 2008 and Writ Petition No. 285 of 2009, both Union of India and Junior Clerks applied for, but did not succeed in obtaining any interim relief’s. In such circumstances, the Union of India was required to follow the directions issued by the CAT in the order dated 22nd February 2008. However, the Union of India issued seniority list/order dated 22nd January 2011, which, according to the Tool Checkers, dilutes the effect of judgment and order dated 22nd February 2008 issued by the CAT in O.A. No. 466 of 2005. Therefore, the Tool Checkers instituted O.A. No. 105 of 2011 before the CAT to question the seniority list/order dated 22nd January 2011.

10. However, the CAT, by order dated 29th No