Judgment

R. PATHAK, J.: - By this petition under Article 32 of the Constitution the petitioners challenge the validity of a combined seniority list dated October 30, 1979 of Divisional Medical Officers and of promotions and officiating appointments made on the basis of that seniority list to posts of Medical Superintendents in the Indian Railway Medical. Service.

2. Medical Service in the Indian Railways is structured in ascending levels. At the base, for the purpose of this case, is the cadre of Assistant Divisional Medical Officers Class I (who before January 1, 1973 were described as Assistant Medical Officers Class II). Above them is the cadre of Divisional Medical Officers. The next above is. the cadre of Medical Superintendents. Still higher rank Chief Medical Officers, and the apex of the hierarchy is held by the Director General of Medical Services.

3. There are eight petitioners. They were Assistant Medical Officers Class 11 and had been confirmed in that grade, one petitioner in 1962 and the others in 1963.

4. During the years 1970 to 1972, the petitioners were selected by Departmental Promotion Committees for officiating appointments to the Class I Posts of Divisional Medica