Judgment

RAMASWAMI, J. : In this case the petitioner, Roshan Lal Tandon has obtained a rule from this Court calling upon the respondents to show cause why a writ in the nature of mandamus under Art. 32 of the Constitution of India should not be issued commanding the respondents not to carry out the directives contained in the notification of the Railway Board No. E(NG)65 PM 1-26, dated the 27th October 1965, Annexure D to the Writ Petition, in so far as it grants protection to the existing Apprentice Train Examiners and lays down the procedure to fill upgraded vacancies. Cause has been shown by the respondents to whom notice of the rule was ordered to be given.

2. There were originally two scales for Train Examiners - Rs. 100-185 ( D Grade) and Rs. 150-225 ( C Grade). These scales were later revised as a result of the recommendations of the Second Pay Commission and the scale of D Grade was increased to Rs. 180-240 and that of C Grade to Rs. 205-280. On February 18, 1961 the Railway Board issued a letter No. PC-60/ PS5/TP/8, Annexure A to the Writ Petition to the General Managers of all Indian Railways conveying its decision that vacancies in the Entry Grade of Train Examiners (in the scale Rs. 180-240) with effect from February 18, 1961 should be filled as follows :-

"(i) 50 per cent of the vacancies should be filled from Apprentice Train Examiners who successfully have completed the prescribed (4 years) apprenticeship the remaining 50 per cent of the vacancies being filled by promotion of skilled artisans.

(ii) 20 per cent of the annual requirements of Apprentice Train Examiners should be drawn from skilled artisans who are not more than 35 years old on 1st July of the year in which the apprenticeship is likely to commence".

Promotions to Grade C of Train Examiners used to take place on the basis of seniority-cum-suitability without any distinction whether the employee entered Grade D of the Train Examiners directly or was selected out of the category of skilled artisans. This rule was laid down by the Railway Board in its letter No. E(s) 1-57-TRS/41, dated January 25, 1958 which states :

"Ref: Para. 2 of Board s letter No. E(R) 49-JAC/1S, dated 23rd February 1950 laying down that 20 per cent of the posts in the TXR grade Rs. 150-225 should be reserve and the TXR in the grade of Rs. 80-160 (since revised Rs. 100-185) promoted from skilled and semi-skilled ranks. The Board have reviewed the position and have decided that promotion to the TXR grade of Rs. 150-225 should hereafter be made solely on the basis of seniority-cum-suitability and the reservation of only 20 per cent as mentioned above will no longer be operative."

(Annexure B to the Writ Petition).

On the basis of this rule the Divisional Personnel Officer, New Delhi prepared a seniority list for the Train Examiners of Grade D of Delhi Division as on December 31, 1984 (Annexure C to the Writ Petition). On October 27, 1965 the Railway Board issued the impugned notification (Annexure D to the Writ Petition). The notification states in the first place that on and from April 1, 1966 vacancies in the Entry Grade of Train Examiners scale Rs. 180-240 should not be filled from Apprentice Train Examiners upto 50 per cent as hitherto, but should exclusively be filled by promotion from amongst artisan staff. With regard to the next higher grade, i.e., Grade C , it was provided that 80 per cent vacancies should be filled by Apprentice Train Examiners who had successfully completed the prescribe training of 5 years (three years in case of Diploma Holders and three years in case of Artisans recruited as Apprentice Train Examiner). Twenty per cent of the vacancies were to be filled by the Train Examiners from Grade D . It was further provided that the Train Examiners Grade D who began as Apprentice Train Examiners and who were to be absorbed in the C Grade against 80 per cent vacancies reserved for them should not be required to undergo selections before being ab