Judgment

BEG, J. :- Amrit Lal Berry in Writ Petition No. 463 of 1971 and K. N. Kapur and 14 others in Writ Petition No. 2004 of 1973 have applied to this Court under Article 32 of the Constitution of India. They complain of violation of Article 16 of the Constitution on the ground that they were illegally discriminated against by the respondents inasmuch as they were confirmed and then not promoted when they ought to have been. They assert that if, according to the applicable rule, they had been assigned their correct places in the seniority lists, as laid down in the Office Memorandum dated 22-6-1949, prepared by the Ministry of Home Affairs, they would have been duly promoted. Each of them, on similar facts, relies upon the law laid down by this Court, in Union of India v. M. Ravi Varma, (1972) 2 SCR 992 . Assertions in the petition of Amrit Lal Berry illustrate the nature of the cases of all the petitioners. We will indicate the cases of the parties before we take up the questions of law arising for consideration and decision by us here.

2. Amrit Lay Berry was appointed Inspector in the central Excise Collectorate at Delhi, by orders dated 22-11-1948, and, on 4-12-1948, was posted