C.P 180/80/2017 & M.A 180/129/2017:  It was submitted by the learned standing counsel for the Railways, Shri.Sunil Jacob Jose, that an affidavit has been filed in this CP(C) producing a communication issued by the Senior Divisional Personnel Officer, Trivandrum Division publishing the seniority list of Commercial Inspectors Grade II in the scale of pay of Rs.5500-9000 in compliance of Annexure P-1 order of this Tribunal.  Mr.T.C.G Swamy, learned counsel for the applicant submitted that as per the specific order of this Tribunal, re-fixing of seniority with reference to the date of his Junior ought to have been done within two months from the date of this Tribunal's order and therefore substantial prejudice has occurred to the applicant as a result of non-compliance of that time limit prescribed in Annexure P-1 order.

Shri.Sunil Jacob Jose submitted that the respondents in the O.A had taken up Annexure P-1 order before the Hon'ble High Court which was disposed of vide Annexure P-2 judgment, dismissing the WP(C) No.25608/2008 for default.  Mr.T.C.G Swamy insisted that as a consequence of Annexure P-2 dismissal of the WP(C), the time prescribed for implementation of Annexure P-1 order will date back to the order of Annexure P-1 and therefore that benefit should accrue to the petitioner in this CP(C).  

Mr.Sunil Jacob Jose, learned counsel for the respondents submitted that after filing WP(C) 25608/2008 before the Hon'ble High Court, the High Court  had stayed the operation of Annexure P-1 order.  However, there is nothing in this regard to indicate that there was indeed such a stay by the High Court.  Mr.Sunil Jacob Jose prays for a short time for producing a copy of that order which in our view is material for consideration of the issue raised by Shri.T.C.G Swamy in relation to the time for implementation of this Annexure P-1 order.  

List on 11.12.2017.

Issue a copy of this order to learned counsel appearing on both sides.