Judgment

DAS GUPTA, J. The petitioners who describe themselves as Road-side Station Masters challenge in this petition under Art. 32 of the Constitution the constitutionality of the channel of promotion for Guards to higher grade Station Masters posts as notified in the issue of the Central Railway Weekly Gazette No. 3 dated 23-11-1951. Under this Notification Guards have two lines of promotion open to them. One is that by promotion, C grade Guards may become B grade Guards on Rs. 100-185 and thereafter by further promotion A grade Guards on Rs. 150-225. The second line of promotion open to them is that by an examination described curiously enough as Slip 45 examination C grade Guards are eligible for promotion to posts of Station Masters on Rs. 150-225 scale and thereafter to all the further promotions that are open to the Station Masters viz. higher scale of Rs. 200 to Rs. 300, Rs. 260 to Rs. 350, Rs. 300 to Rs. 400 and finally Rs. 360 to Rs. 500 ; B grade Guards and A grade Guards are also on passing Slip 45 examination eligible for promotion to posts of Station Masters on Rs. 200-300 pay scale and thereafter to further promotions to the higher scale in the Station Masters line. The Road-side Station Masters pay scale of Rs. 80 to Rs. 170 (the scale was formerly Rs. 64-170) can also reach by promotion the grade of Rs. 150-225 but only after going through an intermediate stage of Rs. 100-185. Similarly Station Masters on Rs. 100-185 scale may also reach the stage of Rs. 200-300 but only after passing through the intermediate stage of Rs. 150-225. Obviously the provisions enabling Guards to become Station Masters on the pay scale of Rs. 150-225 places the Station Masters of Rs. 80-170 scale at a disadvantage as against Guards on that pay scale and also puts the Road-side Station Masters on the pay of Rs. 100-185 pay scale at a disadvantage as against Guards on that scale of pay.

2. The petitioners contend that the channel of promotion in so far as it enables Guards to be promoted as Station Masters in addition to the other line of promotion open to them as Guards amounts to a denial of equal opportunity as between Road-side Station Masters and Guards in the matter of promotion and thus contravenes the provisions of Art. 16(1) of the Constitution.

3. It was further alleged in the petition that taking advantage of this channel of promotion, Guards become Station Masters on Rs. 150-225 at a very much younger age than Road-side Station Masters and thus block the chances of higher promotion to Road-side Station Masters who reach the Rs. 150 to 225 scale when they are much older. As instances of how the impugned provisions in the channel of promotion are harmful to the Road-side Station Masters, the petitioners state: that while the petitioner No. 2 even after completing 32 years of service has remained in the grade of Rs. 100-185 as Station Master, Guards of equal status and standing have reached gazetted rank within the same period of service; that whereas the petitioner No. 3 has come by promotion to the grade of Rs. 150-225 after putting in 21 years of service, Guards of his standing have risen to the grade of Rs. 360-500 by virtue of the impugned channel of promotion and several of his juniors who entered the Railway service long after him as Guards have superseded him and are working in the grade of Rs. 360-500; that while the petitioner No. 4 having entered into service as Telegraph candidate and having passed all the requisite examinations prescribed for the higher grade of Station Master within a period of 2 1/2 years after putting in 6 1/2 years of service is still in the grade of Rs. 80-170, Guards of his length of service and departmental qualification are entitled for promotion as an Asst. Station Master in the grade of Rs. 150-225 within about the same length of service.

4. The respondents -the General Manager, Central Railways, Bombay, V. T., the Chairman, Railway Board, New Delhi and the Union of India, -who contest t