C.W.J. C. No. 14265 of 2008. -------- In the matter of an application under Articles 226 and 227 of the Constitution of India. --------- 1.Deo Lal Mahto son of Late Raghubir Mahto 2.Chandradip Rai son of Kamal Rai 3.Ram Sagar Sharma son of Anup Lal Mistri 4.Wazawat Ali son of late Abdul Rashid 5.Upendra Rai son of Late Bal Gobind Rai 6.Rajendra Rai I , son of late Saryug Rai 7.Pati Ram Chaudhary son of Late Mauje Lal Chaudhary 8.Birendra Prasad son of Late Kailash Prasad 9.Chandra Bhushan Singh son of Late Nagina Pd. Singh 10Ram Swarath Rai IV, son of Late Kamleshwar Rai 11.Gopal Prasad son of Late Ganga Prasad. 12.Md. Nijamuddin son of Late Md. Amanat 13.Raj Mangal Prasad son of late Bindeshwari Prasad 14.Ramanand Mishra son of Late S.N. Mishra 15.Deo Narayan Rai I , son of Sonelal Rai 16. Maheshwar Das son of Gobinda Das 17.Md. Jalil son of Nabi Rashul 18.Parshuram Singh son of Late Ramayan Singh 19.Ramprit Rai son of l Late Bhola Rai Nos. 1 to 8 and 19 Sr. Goods Drivers and Nos. 9.10 to 18 Goods Drivers. No. 2,3,4,5,6, 7,10, to 14, 17, 18 and 19 at Diesel Loby , At + P.O. Narkatiaganj and Nos. 8, 15 and 16 at Darbhanga at Diesel Loby, Darbhanga. At + P.O. and District- Darbhanga all of Samastipur Division, E. C. Railway , Samastipur……… .Petitioners. Versus 1.The Union of India, through the General Manager, E.C. Railways, Hajipur, 2.The General Manager, E.C. Railway, Hajipur, 3.The Divisional Railway Manager, Samastipur Division, E.C. Railway, Samastipur, 4.The Divisional Railway Manager (Personnel), SAmastipur Division, E.C. Railway, Samastipur. 5.The Divisional Mechanical Engineer (Power), Samastipur Division, E.C. Railway, SAmastipur. 6.The Loco Foreman/Crew Controller Diesel Boby, Samastipur, E.C. Railway, Samastipur. 7.The Loco-Foreman Crew Controller Diesel Loby, Darbhanga, E.C. Railway, Darbhanga. 8.The Loco –Foreman Crew Controller/Diesel Loby,Muzaffarpur, E.C. Railway, Muzaffarpur 9.The Loco-Foreman Crew Controller/Diesel Loby, Narkatiaganj, E.C. Railway, Narkatiaganj …………..Respondents. 10.Ramashray Rai son of Late Sukha Rai 11.Ram Chandra Prawsad son of Late Chalitar Prasad 12.Ajay Kumar Mishra son of late C.S. Mishra - 2 - 13.Sattar Hawari son of late Ishaq, 1, 2 Diesel Loby Samastipur 3 & 4 at Diesel Loby Narkatiaganj, ……………Formal Respondents. ----------- For the Petitioners : Mr. Arbind Kumar Singh, Advocate For the Railway : Mr. Naresh Dikshit, Advocate. P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA Shiva Kirti Singh & B.P.Verma, JJ Heard learned counsel for the petitioners and learned counsel for the Railways. All the 19 petitioners have preferred this writ petition against the order of the Central Administrative Tribunal Patna Bench, Patna dated 18th July 2008, whereby O.A. No. 489 of 2005 was dismissed and the Tribunal refused to interfere with an order dated 30.12. 2004 by the Railway Authorities withdrawing the promotion granted to them earlier. Learned counsel for the petitioners has placed before us an office order issued from the Office of the Divisional Railway Manager, (Personnel), Samastipur whereby , it has been submitted that petitioners and several other Goods Drivers/ senior Goods Drivers have been promoted to the post which the petitioners were claiming. He has further submitted that on the basis of such promotion now the petitioners are satisfied in part but they have raised a grievance before the authorities claiming seniority from earlier date on account of cancelled promotion. The issue of seniority cannot be considered in the present writ petition as it was not an issue before the Tribunal. The promotion order has - 3 - Patna High Court The 6th July 2010 Rahman/NAFR been issued only during the pendency of this writ petition. Learned counsel has prayed for liberty that petitioners may pursue their claim for retrospective seniority before the concerned authorities. Counsel for the Railways has no objection to the aforesaid submission that petitioners may pursue their claim for seniority before the concerned authorities in accordance with law. In view of the submissions noticed above, this writ petition is disposed of with the aforesaid liberty to the petitioners. . (Shiva Kirti Singh, J) (Birendra Prasad Verma, J