Judgment

SHELAT, J.: This appeal is founded on a certificate granted by the High Court of Assam and Nagaland against its order of dismissal of the writ petition filed by the appellant.

2. The appellant joined service in the North-East Frontier Railway as a Depot clerk in 1942 and was confirmed and made permanent in that post on August 15, 1947. He was promoted to the post of a Ward Keeper on June 4, 1949 in the Depot Wing of the Controller of Stores.

3. During the last World War, the said Railway organised temporarily a Food Supply Organisation wherein a number of persons, including respondents 4 to 8, were appointed. Respondent 4 was appointed as a salesman in the said organisation in 1944 and was confirmed with effect from August 15, 1947 under the Deputy Traffic Superintendent, Lumding. Respondent 5 was appointed a clerk in 1943 and was confirmed in the Head Office Wing of the Controller of Stores Department in 1944. Respondent 6 was appointed in 1943 and was confirmed in his post under the Deputy Traffic Superintendent, Lumding with effect from August 15, 1947. Respondent 7 was appointed first as a salesman in 1943, and then as a clerk in 1944 in that organisation and was confirmed with effect from August 15, 1947. Respondent 8 was appointed a Ward Keeper in 1943 and was confirmed as ticket-collector under the Deputy Traffic Superintendent, Lumding with effect from August 15, 1947. Thus, both the appellant and respondents 4 to 8 were confirmed in their respective posts on the same day, i.e. August 15, 1947.

4. On termination of the War, the Food Supply Organisation was wound up. The Railway Board, thereupon, decided that the temporary staff employed in that organisation should be absorbed in the other departments and should be confirmed in the same manner as the temporary staff initially recruited in the other departments. With a view to implement this policy directions were issued to keep unfilled 10 per cent of the vacancies in permanent posts and accommodate in such vacancies the staff of the said organisation. Accordingly, the members of the staff of the said organisation were gradually absorbed in the various departments. In January 1951, the then Chief Administrative Officer issued a list showing the absorption of the staff of the said organisation against the 10 per cent reservation in the permanent posts in the different departments and their confirmation in such posts. Respondents 4 to 7 were shown in the said list in the category and scale of TYC/ 55-130 and respondent 8 as ticket collector with effect from August 15, 1947 and were allotted to the office of the Deputy Traffic Superintendent, Lumding. They, therefore, acquired their lien on the respective posts assigned to them and declared against their names in the said list.

5. The Controller of Stores, by a Memorandum dated May 26, 1960, transferred the lien of respondents 4 to 8 to the Stores Department wherein the appellant, as aforesaid, was a permanent time-keeper, from the respective posts to which they were assigned with effect from August 15, 1947 against the posts of Depot Clerks. The Memorandum also declared that the seniority of respondents 4 to 8 should be given effect to as from August 15, 1947 in the Stores Department.

6. The grievance of the appellant was that by bringing in respondents 4 to 8 in the Stores Department and transferring their lien in the Stores Department and calculating their seniority with effect from August 15, 1947, his chances for promotion were materially affected. His case was that the two wings, namely, the Depot Wing and the Head Office Wing, being separate and having separate cadres, and respondents 4 to 7 having been absorbed as permanent employees in the Head Office Wing with effect from August 15, 1947, their liens could not be validly transferred. This was particularly so, as, according to him, there were no permanent vacancies in the Stores Department over which their liens could be transferred. According to him, therefore