D VISWANATHAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ appeal is preferred against the Judgment of our learned brother P A. Choudary, J , dismissing the wife petition W P No 9321/81 filed by the Petitioners-appellants herein. In the Writ petition, the petitioners prayed for the issue of a writ of mandamus or any otijer appropriate writ, order or direction declaring the "Indian Railway Accounts Department (Assistant Accounts Officers) Recruitment Rules 1979 in so far as they relate to the filling up of 25% of vacancies threugh a 'limited departmental completive examination' as provided in Rule 4 raad with the schedule referred to therein" as illegal, arbitrary and unconstitutional, and for a declaration that the petitioners herein were entitled to be considered for promotion to the posts of Assistant Accounts Officers in respect of all the vacancies arising in the said category on the same basis on which 75% of vacancies in the said category are being filled up without undergoing any limited departmental competetive examination as provided in the said rules.

(2.) The relevant facts leading to the filing of the writ petition are as follows :- In the Accounts Department of the Indian Railways, the subordinate staff consists of- Clerks Grade II (Rs. 260-400). Clerks Grade I (Rs, 330-560). Sub-Heads (Rs. 425-700) Accounts Stock Verifiers (Rs. 425-700) Section Officers (Rs. 500-900) inspectors of Stores Accounts (Rs. 500-900). Inspectors of Station Accounts (Rs. 500-900). Group C (originally known as Class III staff) are recruitea by Railway Service Commission in the Grade of Rs. 260-400 as Clerks Grade II. On their passing the departmental test known as Appendix-ll Indian Railway Establishment Manual, the Grade II Clerks are promoted as Grade I Clerks in the Grade of Rs. 300-560. Promotion to the next grade of Rs. 425-700 is made on the basis of seniority. Promotion to the next grade of Rs 500- 900 i e , Section Officers (Accounts), Inspectors of Stores Accounts and Travelling Inspectors of Station Accounts, is done through an All India Examination conducted by the Railway Board, knowrv as Appendix III Indian Railway Establishment Manual (hereinafter called "the Manual"). Under this examination, a minimum of 45% marks has been prescribed for passing the said examination. All those who secured the pass marks are placed in a panel of candidates eligible for promotion to the grade of Rs. 500-900 and promotions are made to the said posts from out of the said panel as and when vacancies arise, on the basis of the seniority of the passed candidates fixed examination-cum-batchwise.

(3.) The post of Assistant Accounts Officer, a Gazetted post in Group-B(previously known as Class II) is the next grade of promotion in the Accounts Department. Prior to the coming into force of the Constitution of India, promotion to the gazetted posts of Assistant Accounts Officers in the Indian Hallways was made on the basis of the rules issued by the Governor General in Council acting in exercise of his powers under section 241 (2) of the government of India Act, 1935. The said Rules were known as the Indian Railway Establishment Code Volume 1. The Indian Railway Establishment Code was being revised from time to lime and after the coming into force of the Constitution of India, the said Rules were revised by the President of India in exercise of the power conferred by the proviso to Article 309 of the Constiiution of India. Rule 133 which deals with promotion to the gazetted post of Assistant Accounts Officer provides that the posts of Assistant Accounts Officers shall ordinarily be filled by selection from Non-Gazetted Railway Servants who had passed the examination qualifying for promotion as Accountants or were exempted from passing the examination. This rule did not provide for any quota for promotion to the posts of Assistant Accounts Officers and all the vacancies arising in the category of Assistant Accounts Officers had to be filled up by i election by considering the cases of the Railway employees who had passed the examination qualifying for promotion to the posts of Accountants. Para 205 of Chapter II of the Manual relating to rules governing promotion of subordinate staff provides that certain factors mentioned therein should be taken into account. But in the case of promotion of Accounts department staff, it was not necessary to pass the tests stipulated in para 205 of Chapter II.