D K MITRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) BY this petition under Article 32 of the Constitution the petitioners challenge the validity of a combined seniority list dated 30/10/1979 of Divisional Medical Officers and of promotions and officiating appointments made on the basis of that seniority list to posts of Medical Superintendents in the Indian Railway Medical Service.

(3.) DURING the years 1970 to 1972, the petitioners were selected by Departmental Promotion Committees for officiating appointments to the Class I posts of Divisional Medical Officers, when the Indian Railway Medical Service (District Medical Officers) Recruitment Rules, 1965 were in force. Those rules were repealed and replaced by the Indian Railway Medical Service (District Medical Officers) Recruitment Rules, 1973. Under the Rules of 1965 and the Rules of 1973. the posts of District Medical Officers were treated as selection posts.