The main legal point established in the judgment is the entitlement of police personnel to be placed on bottom seniority in the rank of Head Constables as per Rule 99.2 of the RPF Rules 1987 in the context of inter zonal transfer from RPSF to RPF.

1. Since the issues involved and the grounds raised in these writ petitions are common, they are taken up and disposed of by this common order.

2. The petitioners were appointed as Constables in Railway Protection Special Force [RPSF] in the year 1988. The petitioners were posted in the 5th Battalion, Trichy and 7th Battalion, RPSF, Hyderabad. Since, all the petitioners are qualified for appointments as Constables, they were recruited through special selection by the competent authority.

3. In 2001, the petitioners and others were promoted from the rank of Constables to the rank of Head Constables in Railway Protection Special Force and posted to the respective battalions in the rank of Head Constables. Subsequently, on completion of their promotion training, they were promoted as regular Head Constables in Railway Protection Special Force and once again posted in the same respective battalions.

4. According to the petitioners, they were entitled to transfer from one Railway zone to another on fulfilling certain conditions in terms of standing order 102. According to the said standing order, the Constables become eligible for consideration by transfer from Railway Protection Special Force (herein after referred as RPSF) to Railway Protection Force (RPF), on inter zonal Railways, on completion of five years of service in the respective Force including the training period. While making such transfer, the seniority has been fixed under Rule 99.2 of the Railway Protection Force Rules, 1987.

5. All the petitioners herein on completion of five years of service, had requested for Inter Zonal transfer. But, however, the same was not considered favorably. Thereafter, on completion of ten years of service, they were once again sought for transfer and it was once again not considered for want of vacancies in the RPF, Southern Railway. Thereafter, on completion of 20 years of service, the petitioners submitted a request for Inter Zonal transfer from RPSF to RPF obviously in the rank of Head Constables, since they were working in the said rank from 2001 onwards. This request was made on the specific understanding of the petitioners that they will be placed on bottom seniority of their rank in terms of Rule 99.2 of the RPF Rules, 1987. On receipt of the representation from the petitioners, the Commanding Officers of both battalions, viz., 5th Battalion/RPSF, Trichy and 7th Battalion/RPSF, Hyderabad recommended to the first respondent for Inter Zonal transfer of the petitioners from RPSF to RPF.

6. On the basis of the above recommendation, vide proceedings dated 23.04.2008, the first respondent stated that the Director General of Railway Protection Force, Southern Railway, has approved the Inter Zonal transfer of the petitioners and others as Head Constables on bottom seniority and in the same rank of their batchmates on the terms and conditions governing such Inter Zonal transfer. The first respondent passed the proceedings after getting concurrence of the RPF, Southern Railway and other competent authorities of the respective zones including the third respondent and after ascertaining the availability of adequate vacancies in the rank of Head Constables in the Zonal Railway concerned. Thereafter, the Commanding Officer of the 5th battalion, Trichy and 7th battalion, Hyderabad by their proceedings dated 07.05.2008 and 24.12.2008 respectively, have stated that in terms of Railway Board's Letter No.2008/Sec(ABE) TR-6/32 dated 23.04.2008, the second respondent agreed and approved the transfer of petitioners and others who are working as Head Constables in RPSF on bottom seniority in the same rank of their batch mates.

7. In respect of one writ petitioner, an order was passed on 30.05.2008 by the third respondent stating that the petitioner and others who were working as Head Constables in RPSF had reported to RPF, Southern Railway on Inter Zonal transfer on their request and further that the petitioners and others had given their w