H S GREWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) LEAVE granted in Special LEAVE Petition (Civil) No.7076 of 1995.

(2.) THESE cases raise common questions relating to seniority of officers in the rank of Commandant/Security Officer/Asstt. Inspector General/ Dy. Director/Divisional Security Officer. The Rules which are relevant are the Railway Protection Force(Superior Officers) Recruitment Rules, 1974 (hereinafter called the ' 1974 rules') and the Railway Protection Force(Group A and B Posts) Recruitment Rules, 1981 (hereinafter called the '1981 Rules') Eight writ petitions filed in various High Courts have been transferred to this Court and registered as Transferred Petitions, to be disposed of along with Civil arising out of the Judgment of a division bench of the Calcutta High Court on appeal from the judgment of a <PG>598</PG> learned Single Judge of that court. We also have before us an independent Writ Petition No. 98 of 97 filed under Article 32 of the Constitution of India.

(3.) UNDER the 1981 Rules which came into force from 8/05/1981, direct recruitment to the post of Assistant Commandant(Group-B, Class-11 in the pay scale of Rs.650-1200 was completely stopped and the said post was to be filled entirely by promotees below the post of Assistant Commandant. From the said post of Assistant Commandant(Group-B, Class-11 instead direct promotion to the post of commandant as was obtaining under the 1974 rules, an intermediate post was created in Class-1 in the pay scale of Rs.700-1300 but the designation was the same namely Assistant Commandant/Assistant Security Officer. In the departmental communications this is described as Group-A, Class-1 Junior Scale post. The recruitment to the intermediate post was 40% by promotion of Assistant Commandants who had put in 3 years of regular service. The promotion being from Class II to Class-1 the promotees had to go through the DPC. The remaining 60% in this intermediate post was to be filled up by direct recruitment through the Union Public .Service Commission. The next promotion from this intermediate post was to the post of Commandant/Security Officer/Assistant Inspector General Deputy Director/Divisional Security Officer (hereinafter generally called Commandants cadre for convenience). In the departmental communication this is described as Group-A, Class-1 post Senior Scale. <PG>599</PG>