H L BHASIN Vs. A K DAS

JUDGEMENT

(1.) This judgment will dispose of L.P.A. No. 78 of 1978 and Civil Writ Petition No. 378 of 1982, wherein the common question which arises is with regard to the validity of the amendment brought about to Rule 9 of the Railway Board Secretariat Service Rules, 1969.

(2.) The Government framed the Railway Board Secretariat (Re-organisation and Re-inforcement) Scheme on 7th January, 1958 which provided for recruitment to the post of Assistant in Railways. This scheme was given retrospective effect from 1st December, 1954. The said scheme was drawn; up in line similar to the schemes applicable to the staff of the various other Ministries included provided that the pasts of Assistants would be filed in the following manner:-

(3.) The relative seniority of the Assistants, appointed from different sources, was regulated by paragraph 315 of the Railway Board Manual of Office Procedure (1938 Edition). The relevant paragraph of the Manual is as under :-