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I.A. No.11/2000. An application has been filed by the Union of India for impleading P.N.Lal, Brij Mohan, who were the respondents in SLP Nos. 9063-64/92, 19716-22/91, 16698/92 and 5398/96 as well as several other persons to be impleaded as parties, which has been registered as I.A.No. 11/2000. This application has been filed because of the observations made by this Court, while hearing this matter on 20th of January, 2000, wherein the Court had observed that the consequence of divergent views has put the Union of India in quandary and it is, therefore necessary to consider and decide which of the two divergent views is the correct one. The Court also further observed that all parties whose interest would be affected, are before the Court, but we direct the Union of India specifically, to implead Parmanand Lal in its interim application( I.A. 2/99.) I.A. No 12/2000 Parmanand Lal, himself also had filed an application for intervention and directions, who is the beneficiary of the order of this Court dated 8.4.86, when the Special Leave Petition Nos. 3384-86 of 1986 filed by the Union of India was dismissed, necessarily, thereby upholding the order of Allhabad High Court passed in Writ Petition No. 2739 of 1981, filed by said Parmanand Lal. The said I.A. has been registered as I.A. No12/2000. C.A. Nos. 6485-86 of 1998 is by Parmanand Lal, directed against the order of Central Administrative Tribunal, Principal Bench, New Delhi, passed in R.A.No. 170/97 on 18.9.97, as well as the Order of the said Tribunal in O.A. No. 2646 of 1993 dated 11.4.97. In the aforesaid Civil Appeal Nos.6485-86 of 1998, said Parmanand Lal, filed an application for interim relief, which has been registered as I.A. Nos. 4 and 5 of 1999.

I.A.No. 3/99, filed by the Union of India for condoning the delay stands allowed. I.A. No. 10/2000, filed for intervention by four persons in I.A. No.2/99 stands allowed. I.A. No. 9/99, filed by Parmanand Lal to intervene in the Contempt Petition No.121//99 stands allowed. I.A. No. 11/2000, filed by the Union of India for impleadment of Parmanand Lal and Brij Mohan stands allowed. I.A. No..12/2000, filed by Parmanand himself for intervention also stands allowed.

...............In the facts and circumstances of the present case, we are not inclined to interfere with the judgment of the High Court except to a limited extent..................
The Allahabad High Court considered the grievances of the applicant before him viz. Parmanand Lal and Brij Mohan on the basis of instructions contained in paragraph 206 of the P & T Manual and the provisions of the Recruitment Rules did not come up for consideration. The Court ultimately had directed that the two petitioners before it viz. Parmanand Lal and Brij Mohan should be promoted with effect from the date prior to a date of promotion of any person, who passed the departmental examination, subsequent to them and adjust their seniority accordingly. When this Court dismissed the Special Leave Petition filed by the Union of India, though it was stated that the special leave petition is dismissed on merits, but in the very next sentence the Court had indicated that in the facts and circumstances of the case, the Court was not inclined to interfere with the judgment of the High Court except to a limited extent. It is, therefore, obvious that while dismissing the special leave petition, the Court had not examined the provisions of the recruitment rules and the instructions issued thereunder, providing the procedure for promotion to the service in Class II and, therefore, there was no reason for the Union of India to think that what has been stated in Civil Appeal No. 4339 of 1995, runs contrary to the judgment of the Allahabad High Court, which stood affirmed by dismissal of the special leave petition Nos. 3384-86 of 1986 on 8.4.1986. The Principal Bench of the Central Administrative Tribunal, New Delhi, disposed of O.A.No. 2667 of 1991 and the Review Application filed before it as Review Application No. 195 of 1992 was disposed of by the Tribunal on 29th of June, 1992, following the views of the Allahabad High Court in interpreting paragraph 206 of the Post & Telegraphs Manual and against the said judgment, the Tele-

CIVIL APPEAL Nos. 6485-86 of 1998: These appeals by Parmanand Lal is directed against the order of the Central Administrative Tribunal dated 11th of April, 1997. Said Parmanand Lal had approached the Tribunal, challenging the order of reversion dated 4.2.93 and the basis of said reversion was refixation of the seniority in the rank of Engineering Supervisor, because of some judgments of different Tribunals and because of some Judgments of this Court. We have considered this question in great detail and we have held that the question of seniority in the feeder cadre of Junior Engineers, when persons belonging to the same recruitment year are recommended, has to be decided in accordance with paragraph (iii) of the Memorandum dated 28th of June, 1966 and in accordance with the statutory recruitment rules read with Appendix attached thereto for promotion to the posts in Group B service, separate list has to be made in respect of each recruitment year. We have also held that after promulgation of the recruitment rules, the administrative instructions contained in paragraph 206 of the P & T Manual, will have no force. We have also indicated that the 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. This being the position and the Judgment of the Allahabad High Court in favour of Parmanand Lal having attained finality, he having received the benefit of the said Judgment and having been promoted, could not have been reverted because of some latter Judgments and directions given either by the Tribunals or by this Court. On the admitted position that the applicant Parmanand was reverted by order dated 4.2.93 because of certain directions given by some other Tribunals, deciding the principle of re-fixation of seniority and it is on that basis an order of reversion was passed, we have no hesitation to come to the conclusion that the order of reversion is untenable and unjustified on the grounds on which the said reversion has been passed, and as such cannot be sustained in law. We make it clear that the seniority of Parmanand in the cadre of Junior Engineer, fixed on the basis of the directions of Allahabad High Court, after dismissal of the SLP 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 impugned order passed by the Central Administrative Tribunal is erroneous and we quash the same and allow the civil appeals filed by the said Parmanand Lal. After closure of the arguments, an application has been filed on 18th of April, 2000 by Promotee Telecom Engineers Forum, New Delhi through its President, seeking intervention in the matter, has prayed for an opportunity of being heard. It is not possible to re-hear the matter again. The prayer accordingly stands rejected. All these appeals and applications are disposed of accordingly. There will be no order as to costs.