( 1 ) THE challenge in this appeal relates to the cadre of telephone operators and to the cadre of clerks and their seniority on the merger of the two cadres and/or on transfer/absorption from one branch to another branch and turns on the answer to the question whether the transfer is in the interest of administration or the transfer is on request.

( 2 ) THE Indian Railways owned and managed by the State employ several lacs of people. Rules issued by the President in exercise of powers conferred on him by the proviso to Article 309 of the Constitution of India governing general conditions of service applicable to Railway servants are contained in the Indian Railways Establishment Code-Volume 1. We are refeirng to the Rules given in the compilation of. 1985. Some of these Rules correspond to the Fundamental Rules and Supplermentary Rules applicable to all civil servants (other than Railways servant) under the Indian Union, who arc subject to the rule-making powers by the President. For the purpose of these rules, the Railway Services have been classified into Gazetted and non-Gazetted (Rule 106 ). The Gazetted comprises of Railway Services, Group a and Railway Serv