Through Video Conferencing:

Heard Sri KRKV Prasad, learned counsel for the applicants.

2.   MA/21/389/2021 filed for joining together in single OA is allowed for the reasons stated therein subject to payment of individual court fee of Rs.50/- by each of the applicants. Register the O.A. on fulfilling the said condition.

3.  Sri KRKV Prasad, learned counsel for the applicants submits that the applicants appeared in the examination for selection to the post of Section Controller in the year 2015.  However, four vacancies of the said post were not filled up and were carried forward.  A fresh notification was issued on 14.12.2017 to fill up the unfilled vacancies of the notification dated 06.07.2015, which were carried forward.  In the meantime, the applicants filed OA No.69/2019.  This Tribunal, after due deliberations, directed the respondents to re-evaluate the answer sheets.  After considering the case of the applicants, the respondents themselves found them eligible for the post of Section Controller.  They have promoted the applicants to the said post with the rider they will not claim seniority over the persons, who have already been promoted.  In the meantime, the respondents have issued orders, further promoting the juniors of the applicants i.e. Respondents No.5 & 6 to the post of Chief Controller.  Learned counsel for the applicants submits that they have no right to march over the applicants.

4.   Sri S.M. Patnaik, learned Standing Counsel for Railways put appearance and accepted notice on behalf of the Respondents No.1 to 4. He apprised this Tribunal the same thing.  He submitted that the respondents have considered the case of the applicants and they cannot agitate the seniority till the seniority list is published. 

5.    Issue notice to private Respondents No.5 to 8, who may put appearance on the next date of hearing.

6.    After hearing the learned counsel for the parties, this Tribunal is of the view that prima facie it seems that the applicants have got merit in their submission and they are entitled to get seniority from the date of their original selection i.e. the selection in pursuance of the notification dated 06.07.2015.

7.   It is needless to mention that the respondents shall not to act upon any promotion orders issued by the respondents till the next date of hearing. This interim order will be re-considered on the next date of hearing, after going through the instructions/ reply of all the respondents. 

8.   List the matter on 15.06.2021.