IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3028 of 2010 1. ARVIND KUMAR GUPTA, S/O LATE NARAYAN RAM AGED ABOUT 49 YEARS, HEAD TYPIST, OFFICE OF DRM (RAJBHASA)/ SAMASTIPUR. 2. PROMOD KUMAR, S/O LATE BINDESDHWARI PRASAD, HEAD TYPIST, DRM(COMMERCIAL)/E.C. RAILWAY, SAMASTIPUR. 3. DILIP KUMAR ARORA, S/O LATE RAM LAL ARORA, HEAD TYPIST, OFFICE OF DRM (ENGG.)/ SAMASTIPUR. 4. CHANDRA MOHAN JHA, AGED ABOUT 55 YEARS, S/O LATE NAND JHA, SENIOR TYPIST, WORKING IN THE DIVISIONAL RAILWAY MANAGER (COMMERCIAL) OFFICE/ EAST CENTRAL RAILWAY/ SAMASTIPUR, AT PRESENT RESIDING IN RAILWAY QR. NO. 4361/B, GOLF FIELD RAILWAY COLONY, SAMASTIPUR. 5. KAMAL KISHORE SINGH, S/O LATE NARAYAN SINGH, SENIOR TYPIST, DSC OFFICE/ E.CV. RAILWAY, SAMASTIPUR. 6. SHYAMAL KUMAR, LATE M. M. CHAKRAVORTY, SENIOR TYPIST, CWM OFFICE/ E.C. RAILWAY, SAMASTIPUR. 7. RAJENDRA PATHAK, LAE P.R. PATHAK, SENIOR TYPIST, OFFICE OF THE AEE(W)/ E.C. RAILWAY, SAMASTIPUR. 8. SUNITA DAS, W/O SRI S.L.DAS, SENIOR TYPIST, OFFICE OF THE DRM (ELECTRICAL)/ E.C. RAILWAY, SAMASTIPUR. 9. ANIRUDH SINGH, S/O BRIKEDAR SINGH, SENIOR TYPIST, CWM OFFICE/ E.C. RAILWAY, SAMASTIPUR. 10. PROTIM DUTTA, S/O LATE B.N. DUTTA, SENIOR TYUPIST, OFFICE OF THE DME(DESAL)/ E.C. RAILWAY, SAMASTIPUR. 11. K.P. SRIVASTAVA, S/O LATE SHIV KUMAR LAL, SENIOR TYPIST, OFFICE OF THE DRM(P)/ E.C. RAILWAY, SAMASTIPUR. 12. RAJWANULLAH KHAN, S/O MD. HABIB KHAN, SENIOR TYPIST, DCOS OFFICE/E.C. RLY/ SAMASTIPUR. 13. CHAITALI AWASTHI, W/O LATE SANJEEV KUMAR, TYPIST, DRM (SIGNAL)/ E.C. RAILWAY, SAMASTIPUR. ………PETITIONERS. Versus 1. THE UNION OF INDIA THROUGH THE CHAIRMAN, RAILWAY BOARD RAIL BHAWAN, NEW DELHI. - 2 - 2. THE GENERAL MANAGER, E.C. RAILWAY/HAJIPUR, DISTRICT- VAISHALI (BIHAR). 3. THE GENERAL MANAGER, N.E. RAILWAY/ GORAKHPUR, DISTT- GORAKHPUR (U.P.) 4. THE GENERAL MANAGER (PERSONNEL) i.e. (CPO) COP(NON-GAZ)/DY. CPO (HRD)/ DY. CPO(GAZ.)/ APO(HRD)/ E.C. RAILWAY, HAZIPUR. 5. THE GENERAL MANAGER (PERSONNEL) i.e. (CPO) CPO (NON-GAZ.), DY. CPO(CON.) /SPO(CON.)/ APO/ GORAKHPUR. 6. THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION) /N.E. RAILWAY/ GORAKHPUR. 7. THE CHIEF ADMIISTRATIVE OFFICER (CON.)/ E.C. RAILWAY/ HAJIPUR AT PATNA. 8. THE DIVISIONAL RAILWAY MANAGER/ E.C. RAILWAY/ SAMASTIPUR. 9. THE DIVISIONAL RAILWAY MANAGER (PERSONNEL)/ SAMASTIPUR i.e. (SR. DPO/DPO/APO), E.C. RAILWAY/ SAMASTIPUR. 10. BHARTI SINHA W/O SRI K.P. SINHA, PRESENTLY HD. TYPIST, OFFICE OF DRM (OPTG.)/ E.C. RAILWAY/ SAMASTIPUR. 11. RAMA KANT CHOUDHARY, PRESENTLY CHIEF TYPIST, OFFICE OF THE DY. CHIEF ENGINEER (CONSTRUCTION)/ E.C. RAILWAY/ SAMASTIPUR. 12. YOGENDRA PD. AMBESTHA, PRESENTLY CHIEF TYPIST, OFFICE OF THE DY. CHIEF ENGINER (CONSTRUCTION)/ E.C. RAILWAY/ SAMASTIPUR. 13. ARUN RAM, PRESENTLY CHIEF TYPIST, DRM(P)/ OFFICE., E.C. RAILWAY/ SAMASTIPUR. 14. RAJA RAM OJHA, PRESENTLY SR. TYPIST, DRM(P) OFFICE/ E.C. RAILWAY/ SAMASTIPUR. …...…..RESPONDENTS. ----------- For the Respondent Nos. 10 to 14 :- Mr. Gautam Bose, Sr. Adv. Miss. Ratna Das, Adv. For the Petitioner :- Mr. Amar Nath Jha, Advocate. For the Respondent nos. 1 to 9:- Mr. Mahesh Prasad, Advocate. ----------- 4 04.04.2011 The present writ petition is filed against the order dated 27.02.2009 passed in O.A. No. 667 of 2005 as well - 3 - as the order dated 02.12.2009 passed in R.A. No. 10 of 2009 wherein the petitioners have chosen to question the impugned seniority list. The learned Tribunal had dismissed the said O.A. application with a direction to the petitioners to file a representation, wherein it has been made clear that, if any applicant has any specific objection against the private respondents with reference to the seniority list, he will be at liberty to file representation before the concerned authority for consideration and decision as per prescribed instructions and rules on the subject. Hence this writ petition has been filed. We are of the opinion this Court cannot interfere with the same and also in a matter which become final in view of order passed in O.A. No. 88 of 1999, C.W.J.C. No. 13628 of 2001 and C.W.J.C. No. 1790 of 2002. But however counsel appearing on behalf of the petitioners submitted before this Court that the respondents are not in the cadre in which the petitioners are working presently, but however as the same plea has been already rejected by the Tribunal by passing order dated 08.08.2001 in O.A. No. 88 of 1999, we are not - 4 - inclined to interfere with the same. Accordingly, this writ petition is dismissed. Bhardwaj/Namita (T. Meena Kumari, J.) (Akhilesh Chandra, J.)