UNION OF INDIA Vs. DHARAM PAL

JUDGEMENT

(1.) Leave granted.

(2.) Union of India is before us aggrieved by and dissatisfied with a judgment and order dated 13.7.2005 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition Nos. 8457/2000, 8458/ 2000 and 8489/2000.

(3.) Respondents herein joined the Railway services as Signal Khalasis in S and T Department, Delhi Division, Northern Railway in the year 1970. The next promotional post was the one of Material Checking Clerk (MCC). The terms and conditions of service are governed by Indian Railway Establishment Manual (IREM). Rule 174 of IREM regulates procedure for appointment to Class-III (Group-C) posts i.e. Office Clerk. It provides that the vacancies in the said category are to be filled from two sources (i) 66-2/3% by direct recruitment through the agency of the Railway Recruitment Boards; and (ii) 33-1/3% by promotion by selection of specified Group D staff. We are concerned with the second one.