RITESH Vs. UNION OF INDIA

JUDGEMENT

(1.) The questions that arise for consideration in this writ petition are whether where 601 posts for Constable Railway Protection Force and 72 posts for Constable Railway Police Special Force are advertised to filled by selection, then after selection all 673 could be filled as Constable Railway Police Special Force? Whether the post of Constable Railway Protection Force and Constable Railway Police Special Force are interchangeable and inter-transferable ?

(2.) The Petitioner belongs to OBC category. He is a graduate and holds a diploma in Electrical Engineering. An Employment Notice No. 01/2007 dated 1.6.2007 was published by the Chief Security Commissioner, Railway Protection Force, Western Railway, Mumbai by which 601 vacancies in Railway Police Force (for short RPF) cadre and 72 vacancies in Railway Police Special Force (for short RPSF) cadre were advertised. Amongst the advertised vacancies, inter-se reservation quota was also fixed. The selection was on the basis of written test and interview. The last date of application was 24.7.2007. The Petitioner applied in pursuance of the advertisement. He was called for written test in which he qualified. Thereafter, he was called for interview in which he was also successful. He was called for medical examination by letter dated 12.4.2008 as he was being considered for enlistment as constable (Scale of Rs. 3050-4590) in Executive Branch of RPF. In pursuance of this letter dated 12.4.2008, the Petitioner was medically examined on 30.4.2008 and he was found fit for constable (Class) B/one RPF branch. He joined the training at RPF Training Centre at Chinkhill. After the training was completed, the result was declared on 2.6.2009 and the Petitioner was successful. The Petitioner was posted as a constable in RPSF by letter dated 2.6.2009 though this letter was a communication between officers of the department and no appointment letter was issued to the Petitioner. Since the Petitioner was selected for RPSF, therefore, instead of approaching the Respondents for issuance of letter of appointment, he filed the instant writ petition praying that he should he appointed as constable in the Executive Branch of the RPF and he could not be appointed in RPSF as the Petitioner was selected for RPF and not for RPSF.

(3.) In the affidavit-in-reply filed by the Respondents, it has been stated that there is only one force RPF. One of the units of RPF is RPSF. Both posts are interchangeable and inter-transferable. It is stated that the Petitioner was selected in RPF and he can be appointed on the post of constable RPSF instead of constable in RPF.