(1.) This appeal by special leave is directed against the judgment of the Allahabad High Court dismissing the writ petition of the appellants whereby they challenged inter alia the validity of R. 328(2) of the Railway Establishment Code as amended by the Railway Board by Advance Correction Slip No. 70.
(2.) The appellants were appointed Trade Apprentices in Locomotive Component Works (for short 'LCW') in or about January, 1959. There was a, merger of LCW with Diesel Locomotive Works, Varanasi, (for short 'DLW) on Aug. 1, 1961, as a result of which all the members of the staff of LCW were taken over by DLW. On July, 19, 1962, the appellants were appointed Skilled Artisans after successfully completing a training for three years and a half. The regular channel of promotion to higher posts from the post of Skilled Artisan is in the following order
(3.) It is apparent from the above channel of promotion that the next higher post to which the appellants could be promoted was the post of 'Highly Skilled Grade-II. In Sept. 1963, the appellants were, however, promoted to the post of Instructor-C 'which is equivalent to the post of Chargeman-C. There is a controversy between the parties as to whether the post of Instructor-C was an ex cadre post or not. According to the appellants, it was an interchangeable post with Chargeman-C. We shall have occasion to consider the question later in this judgment. It may be stated, however, that there is no dispute that the post of Instructor-C is a selection post and the appellants were selected and promoted to existing vacancies in' that post. The next post to which the appellants were promoted on Sept. 22, 1964 is the post of Chargemen-B upon their selection by a constituted Selection Board on a regular, basis. Some of the respondents,, who are direct recruits, also competed with the appellants for the post of Chargeman-II, but they could not qualify themselves in the written test.. To complete the, narrative, it may be stated that the appellants have now been promoted to the post of Chargeman-A.