JUDGMENT :

Deepak Gupta J.

1. Leave granted in appeal arising out of SLP (C) No(s).22444 of 2017.

2. This is yet another battle, in the seemingly never ending war between promotees and direct recruits.

3. In the Indian Railways, there is a service known as the Indian Railway Service of Signal Engineers (for short ‘the IRSSE’). This is a GROUP-A service. Recruitment to the service is by two modes – 50% by direct recruitment and 50% by promotion from amongst GROUP-B officers in the feeder services. The direct recruits are selected through an examination conducted by the Union Public Service Commission (for short ‘the UPSC’).

4. On 23.10.2007, the Ministry of Railways issued a requisition to the UPSC for filling up vacancies in the GROUP-A service. The test was to be conducted in the year 2008 and the recruitment was known as the Engineering Services Examination, 2008. Shri R.K. Kushwaha, hereinafter referred to as ‘the direct recruit’, was successful in the said examination. He was duly selected and joined service on 14.12.2009. Some officers, who were working in the GROUP-B service of the Signal and Telecommunication Department of the Indian Railways were promoted vide order dated 12.08.