1 Anando IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5500 OF 1998 WITH WRIT PETITION NOS.1815/2000,2046/2000, 2047/2000, 2048/2000,2449/1999, 2450/1999, 2451/1999,2452/1999, 2469/1999, 2470/1999, 2475/1999,2480/1999,2481/1999,2484/1999, 2486/1999,2487/1999,3049/2000,3050/2000, 3051/2000,3052/2000,3053/2000,3054/2000, 3055/2000, 3056/2000, 3057/2000, 3072/2000, 3524/2000 & 3525/2000 All India SC/ST Railway Employees Association, etc.etc. ..Petitioners V/s. Union of India & Ors., etc.etc. ..Respondents None for the Petitioner in W.P.No.5500/1998 Mr.M.I.Sethna, Senior Advocate with Mr.Suresh Kumar and Mr.S.C.Dhavan, for the Respondents in W.P.No. 5500/1998 and for Petitioners in other Writ Petitions. None for the Respondents in Petitions (except WP/5500/1998). CORAM : A.M.KHANWILKAR & R.M.SAVANT, JJ. DATE : 17TH MARCH, 2010 P.C. . Counsel for the Petitioners submits that 2 after the 85th Constitutional Amendment and in particular the decision of the Apex Court in the case of M.Nagaraj & Others V/s. Union of India & Others, decided on 11th November, 2002, the Department has granted seniority to the concerned incumbents applying norms specified as per the said Constitutional Amendment with effect from 17th June, 1995. In that view of the matter, it is submitted that the issue raised in these Petitions which is to challenge the decision of the Central Administrative Tribunal, will not survive for consideration. 2. Accordingly, these Petitions are disposed of for the aforesaid reasons. 3. It is made clear that if any incumbent is aggrieved by the result of the seniority list as prepared by the Railway Authorities, would be free to challenge the same in view of the settled position as expounded by the Supreme Court in 3 M.Nagaraj & Ors. (supra). All questions in that behalf will have to be re-addressed. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)