MR. JUSTICE S. RAVINDRA BHAT

1. The petitioners’ grievance, in these proceedings under Article 226 of the Constitution, is that some newly promoted Inspectors from different Railway zones sought and were granted Inter-Zonal Railway transfer to the Northern Railway, and are filing up promotional vacancies in the post of Inspector in that Railway Zone which would have fallen to their share. It is contended that such transfers hamper the chances of the petitioners who are otherwise duly eligible for promotion to the post of Inspector. The transferred Inspectors were originally not joined as parties; the writ petition was allowed by judgment dated 22.10.2008. However, the aggrieved third parties, after an unsuccessful review petition, approached the Supreme Court through special leave petitions. The Supreme Court by order dated 02.12.2014, set aside the previous judgement and remanded the matter back to this Court with a direction to implead the transferees as party respondents in the writ petition. The Supreme Court also directed any other subsequent development which occurred after the previous judgments i.e. the writ petition and the review petition would await the outcome of orders to be passed in this writ petition. Initially, Respondent Nos. 6-10 (hereafter “transferred inspectors”) were impleaded in the amended memo of parties dated 03.01.2015 (in CM 474/2015) All those respondents were served; however counter affidavits have been filed by Respondent Nos.7,8 and 9.

2. Briefly, the facts of this case are that the petitioners were recruited as Sub-Inspectors in the Railway Protection Force, the main party respondent in these proceedings (“hereafter RPF”), and after successful completion of their cadet training (Petitioner Nos. 1-8 belong to 42nd Batch, Petitioner No. 9 belongs to the 43rd batch and Petitioner Nos. 10 belongs to the 44th Batch), were given the option of choosing the Northern Railway cadre (on merit-cum-choice basis). Recruitment to the post of Sub-Inspector, takes place on an “All India” basis. Selected Sub-Inspectors are allocated different zones on the basis of result of the final examination held after completion of training. The post of Inspector is the promotional post to the post of Sub-Inspector and is filled up zone wise.

3. This procedure of allocation of personnel based on their choice and merit ranking procedure sometimes results, in situations where Sub-Inspectors who may be junior in an “All India” ranking becoming Inspectors in their respective zones, at an earlier stage of time than those senior in the All India ranking, as the promotion to the post of Inspector takes place according to the respective zones. The petitioners complain that the newly promoted Inspectors from different Railway zones (impleaded as private respondents) sought Inter-Zonal Railway transfer to the Northern Railway, and are hence filing up vacancies for the post of Inspector in the Northern Railway. Such transfers are hampering the chances of the petitioners who are otherwise duly eligible for promotion to the post of Inspector. The private respondent/transferees (hereafter “transferee Inspectors”) were promoted earlier as Inspector in their respective parent zones, and thus on transfer, maintain the same post of Inspector in the Northern Railway zone, even though persons senior to them in “All India” seniority continue to be Sub-Inspectors in the Northern Zone.

4. The petitioners contend that they aired their grievance to CSC/RPF, Northern Railway by letter dated 17.01.07 which was acknowledged by the CSC/RPF, and recommended to the D.G, RPF by its letter dated 14.02.07. On 06.02.2007, the respondents advertised for the selection of 18 Sub-Inspectors for promotion to the rank of Inspector in the Northern Railways, in the unreserved category. The petitioners, who were aspiring promotion, learnt that a number of these vacancies are going to be filled by transfer of Inspectors from other zones. It is argued that t