RAM SHANKAR SHUKLA Vs. UOI

JUDGEMENT

(1.) Vide order dated 22.1.2010 OA No.2145/2009 filed by the writ petitioners has been dismissed.

(2.) Briefly stated, there exist two different cadres under the Indian Railways; those forming the secretarial staff and those working as stenographers. The secretarial staff is governed by the Railway Board Secretariat Service Rules 1969 (herein after referred to as the RBSS Rules). The stenographers are governed by the Railway Board Secretariat Stenographers Service Rules 1971 (herein after referred to as the RBSSS Rules).

(3.) The origin of the dispute is Rule 8(3) of the RBSS Rules which reads as under:- 8(3) Vacancies in Grade I shall be filled by promotion of permanent officers of the Section Officers Grade who have rendered not less than eight years approved service in that grade and of permanent officers of the Grade A of the Railway Board Secretariat Stenographers Service who have rendered not less than eight years approved service in that grade and have worked as Section Officers for at least a period of one year in accordance with the proviso to rule 6 and included in the Select List for Grade I of the Service prepared under sub-rule (5). Provided that an officer of the Grade A of the Railway Board Secretariat Stenographers Service who has not worked as a Section Officer for the said period of one year shall also be considered for promotion to Grade I if he is otherwise eligible for such promotion and the Central Government in the Ministry of Railways, for reasons to be recorded in writing, are satisfied that such a person was not appointed to the Section Officers Grade owing to exigencies of Service.