JUDGMENT

M. JAGANNADHARAO, J. -Leave granted in SLP (C) No. 7076 of 1995.

2. These cases raise common questions relating to seniority of officers in the rank of Commandant/Security Officer/Assistant Inspector GeneralDeputy Director/Divisional Security Officer. The rules which are relevant are the Railway Protection Force (Superior Officers) Recruitment Rules, 1974 (hereinafter called "the 1974 Rules") and the Railway Protection Force (Group A and B Posts) Recruitment Rules, 1981 (hereinafter called "the 1981 Rules"). Eight writ petitions filed in various High Courts have been transferred to this Court and registered as transferred petitions, to be disposed of along with civil appeal arising out of the judgment of a Division Bench of the Calcutta High Court on appeal from the judgment of a learned Single Judge of that court. We also have before us an independent Writ Petition No. 98 of 1997 filed under Article 32 of the Constitution of India.

3. Before referring to the facts of the cases it will be necessary to refer to the hierarchy of posts and the mode of recruitment and promotion under the 1974 Rules as well as under the 1981 Rules and the conditions for eligibility for promotions.

4. Under the 1974 Rules, the hierarchy of posts was as follows. Initially the recruitment was to the post of Assistant Commandant/Assistant Security Officer in Class II, Group B (hereinafter called generally as Assistant Commandant cadre for convenience) in the pay scale of Rs 350-900. Further promotion from that post was to the post of Commandant/Assistant Inspector General/Security Officer (Class I, Group A) in the pay scale of Rs 700-1250. The promotion was by way of selection through the Departmental Promotion Committee and the condition of eligibility was that a person should have put in 8 years of regular service in the post of Assistant Commandant. So far as the post of Assistant Commandant at the lower level is concerned, the said cadre was consisting of 30 direct recruits to that post and 60 promotees from a post which was below the post of Assistant Commandant and 10 by way of transfer etc. From the post of Commandant the further promotion was to the post of Deputy Chief Security Officer in Class I, Group A bearing a pay scale of Rs 1300-1600. The promotion was through the DPC and the condition of eligibility was that a person should have put in 5 years regular service as Commandant.

5. Under the 1981 Rules which came into force from 8-5-1981, direct recruitment to the post of Assistant Commandant (Group B, Class II) in the pay scale of Rs 650-1200 was completely stopped and the said post was to a be filled entirely by promotees below the post of Assistant Commandant. From the said post of Assistant Commandant (Group B, Class II) instead of direct promotion to the post of Commandant as was obtaining under the 1974 Rules, an intermediate post was created in Class I in the pay scale of Rs 700-1300 but the designation was the same namely Assistant Commandant/Assistant Security Officer. In the departmental communications, this is described as Group A, Class I, Junior Scale post. The recruitment to the intermediate post was 40 by promotion of Assistant Commandants who had put in 3 years of regular service. The promotion being from Class II to Class I the promotees had to go through the DPC. The remaining 60 in this intermediate post was to be filled up by direct recruitment throuhg the Union Public Service Commission. The next promotion from this intermedia post was to the post of commandant/Security Officer/Assistant Inspector General/Deputy Directed/Divisional Securty Officer (hereinafter generally called Commandants cadre for convenience). In the departmental communication this is described as Group A, Class I post, Senior scale.

6. For promotion as Commandant, Assistant Commandants in Group A, Class I are eligible under the 1981 Rules after 5 years of regular service. The promotion being from Class I to Class I there is no DPC. From