The seniority of railway servants transferred from one cadre to another in the interest of the administration is regulated by the date of promotion/date of appointment to the grade from which they are transferred.

Anil Kumar Sen, J.

1. This is an appeal under clause 15 of the Letters Patent by Union of India and two of the authorities of South Eastern Railway, namely, the Divisional Personnel Officer and the Divisional Superintendent, Kharagpur. The appellants are challenging in this appeal the judgment and order dated August 20, 1973 passed by a learned single judge allowing a writ petition of respondents Nos. 1 to 7 wherein they challenged the validity of revision of seniority list of Assistant Drivers in the electric traction and the consequent reversion of the said respondents from the post of Shunters to which they were temporarily promoted and replacing them by respondents Nos. 8 to 15. The main issue that arose for consideration in the trial court and which has also been raised before us in this appeal is as to whether the appellants while absorbing respondents Nos. 8 to 15 in the cadre of Assistant Drivers, electric traction on they being rendered surplus as firemen in the steam side could confer the seniority in the cadre of Assistant Drivers with reference to the respective dates of appointment or promotion of the said respondents Nos. 8 to 15 as firemen or they should be conferred such seniority with reference to the date they were absorbed in the cadre of Assistant Drivers. Facts leading to the dispute may shortly be stated. Sometime in 1965 respondents Nos. 1 to 7 were directly recruited as Assistant Drivers, Electric Traction in the scale of Rs. 125-155. In 1967 the railway authorities published a seniority list of such Assistant Drivers. On the basis of their respective seniority position in the said list respondents 1 to 7 were found eligible and were sent up for training for further promotion as Shunters which promotion was given to them on varied dates between October 1968 and July 1970. Such promotion, however, was conferred on them purely as a temporary measure. The extension of electric traction in that section of the railways led to curtailment of the steam side which resulted in rendering men in that side to be surplus. Respondents Nos. 8 to 15 who were serving for long years as firemen in the steam side in the grade of Rs. 125-155 a grade equivalent to the grade of Assistant Drivers, electric traction were rendered surplus and accordingly they were trained up as Assistant Drivers for electric traction and were absorbed as such on varied dates but all after 1967. The names of these respondents, namely, respondents Nos. 8 to 15 were not borne on the seniority list of Assistant Drivers of 1967 and hence on July 8, 1970 the railway authorities revised the said seniority list by bringing these respondents on the list. They were, however given seniority position determined with reference to their respective dates of appointment or promotion to the post of firemen and not with reference to their date of absorption as Assistant Drivers. Since these respondents Nos. 8 to 15 were serving for longer years as firemen than the period respondents Nos. 1 to 7 were serving as Assistant Drivers they were naturally conferred higher seniority than respondents Nos. 1 to 7. Seniority list of Assistant Drivers being so revised, as a necessary consequence respondent Nos. 1 to 7 who were enjoying the benefit of their previous seniority by way of temporary promotion to the next higher rank of Shunters were reverted to the post of Assistant Drivers by an order dated January 5, 1971 and they were replaced in their respective Post of Shunters by one or other of respondents Nos. 8 to 15. Respondents Nos. 1 to 7 felt aggrieved by the aforesaid revision dated July 8, 1970 of the seniority list of Assistant Drivers, electric traction and the order of reversion dated January 5, 1971 and they as petitioners challenged them in the writ petition out of which the present appeal arises. According to them, respondents Nos. 8 to 15 could be conferred seniority position in the seniority list of Assistant Drivers only with reference to the date of