SHIV NATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) OM Prakash, J. The short question for consideration in this writ petition is whether joint seniority list of XVI Batch of Head Rakshaks announced by a letter dated 21-1-1985 is valid.

(2.) THE petitioners were promoted to the grade of Head Rakshak from the grade of Senior Rakshak working in the Railway Protection Force Northern Railway, way-back in 1976. THE promotions from the grade of Senior Rakshak to the grade of Head Rakshak are required to be made in accordance with the Railway Protection Force Regulations, 1966 (herein after to be referred as 'the Regulations'), which have been framed under Rule 32 of the Railway Protection Force Rules, 1959 (briefly, 'the Rules') which, in turn, were framed in exercise of the power, conferred by Sec tion 21 of the Railway Protection Force Act, 1956 (for short, 'the Act' ).

(3.) FROM Rule 2d (l) of the Rules, it is manifest that promotions from one grade to another will be made on the basis of seniority-cum-suitability or seniority-cum-fitness. Sub-rule (3) of Rule 24 provides that specially deserving Rakshaks or Senior Rakshaks, who have done good work, may be promoted to the rank of Senior Rakshaks or Head Rakshaks respectively on the basis of a selection, but the total number of such promotions shall not exceed 20 per cent of the number of promotion made to the particular cadre within the region of division at any given time and every case with the reasons for such promotion shall be placed before the Chief Security Officer. It follows from the Scheme of Rule 24 that promotions from the grade of Senior Rakshak to the grade of Head Rakshak will be made on the basis of seniority- cum-suitability, subject to the condition that 20 per cent of the number of promotions made to the grade of Head Rakshak can be promoted by selection as envisaged by sub-rule (3) of Rule 24. It explains why the written test was held to make promotions to the grade of Head Rakshak. Ordinarily, to make promotion on the basis of seniority-cum-fitness or seniority-cum-suitability no examination is required to be held, because in that case the promotion will be made on the basis of seniority subject to rejection of unfit. Because 20 per cent of the number of promo tions made to a particular grade can be made by way of selection, examina tion was held of Senior Rakshaks for promoting them to the grade of Head Rakshak. This is no body's case that promotions made by way of selection exceeded 20 per cent.