Kolkata Court January 1972 Judgments

P.K. Mukherjee and ors. Vs. Bimal Kumar Mukherjee and ors.

Court: Kolkata

Reported in: (1973)ILLJ592Cal

S.K. Mukherjee, J.1. This is an appeal from an order made by Mr. Justice D. Basu on 20th May, 1969, making a rule absolute. The petitioners before his Lordship were assistant drivers who had come over to the electric traction section from the steam traction section of the Eastern Railway after they had exercised the option which was given to firemen serving in the steam traction section under a circular issued by the Chief Personnel Officer on November 13, 1958. The option was given to firemen of both Grades 'A' and 'B' in the steam section. The appellants who were respondents Nos. 9 to 11 in the rule were in Grade 'A' while the respondents Nos. 1 to 14, the petitioners in the rule, were in Grade 'B'. Other firemen of Grade 'A' were invited to appear on the record of the proceedings by a notice issued under Order 1, Rule 8 of the Code of Civil Procedure.2. The question is how the seniority among assistant drivers is to be determined.3. By his order, the learned Judge has directed the r...