petitioner, gone through the relevant materials on record and also perused the impugned order. On the basis of the discussion made herein above, both on the conspectus of facts and legal submission made, we find that these applicants were very much part of the proceedings in O.A. No. 190/2012 where in the merit list dated 03.11.2011 containing their names were under challenge by the aggrieved candidates. The learned Tribunal, Kolkata Bench did not approve of the merit list drawn by the Railways pursuant to the LDCE as they also counted the seniority of the applicants while ignoring the merit reflected in the written test. The learned Tribunal quashed the merit list and directed for preparation of a fresh merit list as per the guidelines of Estate SL. No. 60/2006. They relied upon the Establishment SL. No. 140/2003 but learned Tribunal was of the firm view that the panel ought to be prepared on the basis of merit alone without counting the seniority of the candidates since the selection were to be made under LDCE. It was only in pursuance of the directions of learned Tribunal, Kolkata Bench, which attained finality in the absence of any challenge by the Railways or the Applicants, that the revised merit list was notified on 20.01.2014. The Railway Board clarified in the instant O.A. that the selection would be made under Establishment SL. No. 113 of 2009.
