Dr. S.N. Pathak, J.

1. Heard learned counsel for the petitioners and learned counsel for the respondents.

2. Since facts in all these writ petitions are same and similar, they are disposed of with a common order.

3. The petitioners in all the three writ petitions have approached this Court with a common prayer for quashing the order issued on behalf of IG-cum-Chief Security Commissioner, Railway Protection Force, South Eastern, Railway, Kolkata, as contained in letter dated 8.12.2011, whereby the Chief Security Commissioner, RPF, South Eastern Railway, Kolkata has cancelled the promotion selection test held from 18.1.2011 to 21.1.2011 and from 16.2.2011 to 18.2.2011 for promotion to the rank of Assistant Sub-Inspector, Railway Protection Force and also cancelled the earlier notification dated 8.9.2010 and 16.10.2011 and further, decided to issue fresh notification for holding the selection test for promotion after assessing the fresh vacancies also arising during the intervening period by obtaining necessary certificate from the Dy. Chief Personnel Officer (RP), Kolkata.

Further prayer has been made for a direction upon the respondents to complete the process of present selection by issuing the order of promotion to the rank of Assistant Sub-Inspector, RPF for which the selection was held at Zonal Training Institute, Kharagpur.

Further prayer has also been made for a direction upon the respondent-authorities to stay the operation of the order dated 8.12.2011.

Petitioners have also prayed for quashing fresh notification dated 2.1.2012 (Annexure-13) issued by respondent no. 14 whereby a fresh willingness by 7.2.2012 were called for from the Head Constables and Constables, who have completed 10 years of service on the date of the notification dated 2.1.2012.

4. The factual exposition as has been delineated in the writ petitions is that petitioners were appointed in this Railway Protection Force about 11 to 12 years back and some of them have also been promoted to the post of Head Constables by virtue of their selection and promotion. The Railway Protection Force (for short "RPF") is governed by RPF Act, Rules and Regulations as well as governed by the general and special laws of the land in India and according to those, there are provision in Rules 70 to 72 of RPF Rules, 1987 for promotion from the rank of Constable to Head Constable and further to the post of Assistant Sub-Inspector, Sub-Inspector and Inspector in RPF. It is further submitted that as per RPF Promotion Rules, the Constable and Head Constable, who have completed 10 years of minimum service in the force are entitled and eligible to apply for promotion to the rank of Assistant Sub-Inspector on inviting applications for the vacancies under Rule 72 of RPF Rules, 1987. A duty has been casted on the Superior Officers of the Force to find out the vacancies of the posts in all categories of rank and to invite applications every year to fill up the vacancies by promotion and in view of said Rule, selection should be held for promotion. However, this desire of the Government is not being fulfilled due to negligence on the part of the Superior Officers of the Force and hence, the members of RPF suffers from the benefits of timely promotion in spite of meritorious service rendered by them to RPF.

5. It is further submitted that the Railway Administration of the South Eastern Railway decided to hold a selection test for promotion to the rank of Assistant Sub-Inspector of RPF in the scale of Rs. 5200-20200/- with Grade Pay of Rs. 2,800/- and to fill up the vacancies of 40 Assistant Sub-Inspector of RPF. Thereafter, the respondents vide notification dated 16.11.2010 invited application forms from the eligible Constables & Head Constables of RPF who have completed minimum 10 years of service on the day of the said notification. In pursuance to the said. notification, the petitioners made their willingness for selection and promotion to the rank of ASI through the Divisional Sec