Application dismissed for non-prosecution after applicants failed to provide instructions to their counsel.

The 16 applicants, employed as Goods Train Managers in the South Central Railway, Nanded Division, challenged the seniority list dated 13 January 2022 for the post of Goods Guard.

They alleged that their names were wrongly omitted, despite their appointments allegedly preceding those of the private respondents, and sought placement in the seniority list above Respondents 4 to 6, along with consequential benefits.

They also challenged the respondents’ failure to consider their representation dated 27 December 2022.

At the hearing, counsel for the applicants stated that, despite awaiting instructions and attempting oral communication, he had received no communication from the applicants.

Whether the applicants were entitled to challenge the seniority list dated 13 January 2022 and seek inclusion of their names above Respondents 4 to 6 on the basis of their alleged earlier appointments.

Whether the Original Application was liable to be dismissed for non-prosecution in view of the applicants’ failure to provide instructions or pursue the matter.

The Tribunal applied the procedural principle that a proceeding may be dismissed for non-prosecution where the applicants fail to demonstrate continued interest in prosecuting the matter or fail to provide necessary instructions to their counsel.

No statutory provision, precedent, or specific service-law rule was relied upon in the order while deciding the application.

Although the applicants sought adjudication of their seniority claim, their counsel informed the Tribunal that no communication had been received from them despite attempts to obtain instructions.

In the absence of instructions or effective prosecution, the Tribunal inferred that the applicants had lost interest in pursuing the Original Application.

Consequently, the Tribunal did not examine the merits of the seniority dispute, the alleged appointment dates, the validity of the seniority list, or the applicants’ reliance on the applicable service rules.

All pending miscellaneous applications, if any, were also disposed of, and there was no order as to costs.