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In the year 1981 one Shri Parmanand Lal (1966 batch) and Brij Mohan (1965 batch), both of whom qualified in the qualifying examination held in 1974, filed two writ petitions complaining of their placement in the eligibility list below the last man who passed the qualifying examination in 1975. The department contended that the eligibility list had been arranged on the basis of seniority, based on the year of recruitment and ignoring the year of passing the qualifying departmental examination, as required by the Recruitment Promotion Rules of 1966. The Lucknow Bench of Allahabad High Court considered the submissions urged before it in the light of the Recruitment Rules of 1966 as also the Rules of 1981 and para 206 of the P & T Manual and concluded that those who qualified in the departmental examination earlier were entitled to be promoted prior to those who qualified later, irrespective of the year of their initial recruitment. It was held that para 206 of the Manual was not in conflict with either the Rules of 1966 or 1981, but was supplemental to those Rules. Relief was accordingly granted to the writ petitioners based on the interpretation of the Rules and para 206 of the P & T Manual.

"We, however, make it clear that the persons who have already got the benefit like Parmanand Lal and Brij Mohan by virtue of the judgments in their favour, will not suffer and their promotion already made will not be affected by this judgment of ours".

By the same judgment this Court also disposed of the appeal preferred by Parmanand Lal which was directed against the Order of Central Administrative Tribunal dated April 11, 1997. Parmanand Lal had approached the Tribunal challenging the order of reversion because of judgments of different Tribunals and of this Court. This Court observed that though the correctness of the view in (1997) 10 SCC 226 had been upheld, promotions already effected pursuant to the judgment of the Allahabad High Court which was upheld by this Court by dismissing the special leave petition filed by the Union of India, will not be altered in any manner. That judgment having attained finality and Parmanand Lal having received the benefit of the said judgment and having been promoted, could not have been reverted because of some later judgments and directions given either by the Tribunals or by this Court. It accordingly, quashed the order of reversion and also clarified that the seniority of Parmanand Lal in the cadre of Assistant Engineer, fixed on the basis of the directions of Allahabad High Court, after dismissal of the special leave petition against the same by this Court, is not liable to be altered by virtue of a different interpretation being given for fixation of seniority by different Benches of the Central Administrative Tribunal.

The applicants claim that their cases are also similar and in fact identical to that of Parmanand Lal and Brij Mohan. In their cases as well, the High Court or the CAT have rendered judgments in their favour pursuant to which they have already been promoted on the basis of their seniority determined in accordance with the principles laid down by the Allahabad High Court. Thus, they are covered by the observation earlier quoted in this order wherein it has been clarified that persons who have already got the benefit like Parmanand Lal and Brij Mohan by virtue of the judgment in their favour will not suffer, and their promotion already made will not be affected by that judgment.

This Court has clearly clarified the position in its aforesaid judgment. The observations made by this Court while disposing of the appeal of Parmanand Lal are also pertinent. This Court clearly laid down the principle that the seniority fixed on the basis of the directions of this Court which had attained finality is not liable to be altered by virtue of a different interpretation being given for fixation of seniority by different benches of Tribunal. Consequently, the promotions already effected on the basis of seniority determined in accordance with the principles laid down in the judgment of the Allahabad High Court cannot be altered. Having regard to the above observations and clarification we have no doubt that such of the applicants whose claim to seniority and consequent promotion on the basis of the principles laid down in the Allahabad High Court's judgment in Parmanand Lal's case have been upheld or recognized by Court or Tribunal by judgment and order which have attained finality will not be adversely affected by the contrary view now taken in the judgment reported in 1997 (10) SCC 226. Since the rights of such applicants were determined in a duly constituted proceeding, which determination has attained finality, a subsequent judgment of a Court or Tribunal taking a contrary view will not adversely affect the applicants in whose cases the orders have attained finality. We order accordingly.