Point of law: The word “promotion” means “advancement or preferment in honour, dignity, rank or grade”. “Promotion” thus not only covers advancement to higher position or rank but also implies advancement to a higher grade. In service law the expression “promotion” has been understood in the wider sense and it can be either to a higher pay scale or to higher post.”

JUDGMENT :

1. Heard Sri Rajendra Rai, learned counsel for petitioners and Sri P.K. Pandey, Advocate holding brief of Sri Sharad Ranjan Nigam, learned counsel for respondent.

2. Writ Petition (A) No.10265 of 2005 (hereinafter referred to as “Petition-1”) has been filed under Article 226 of the Constitution by nine petitioners namely, Durga Prasad, Prem Chandra Dubey, Chandrajeet Yadav, Krishna Joshi, Sri Ram Dubey, Vijay Shanker Singh, Krishna Mohan Tiwari, Ram Nagina Yadav and Arvind Rai praying for issue of writ of certiorari quashing order dated 14.02.2005 (Annexure 4 to writ petition) in so far as it relates to up-gradation of respondents 5 to 19 to the post of Sub Inspector, Railway Protection Force (hereinafter referred to as “R.P.F.”) from the post of Assistant Sub Inspector, R.P.F. Petitioners have also prayed for issue of a writ of mandamus commanding respondents 3 and 4 not to apply rule of reservation for Scheduled Caste and Scheduled Tribe while restructuring the cadre of Group C of R.P.F. Employee (Combatised).

3. All the petitioners are substantively appointed Assistant Sub Inspector (hereinafter referred to as “A.S.I.”) in R.P.F. and posted at different places in North Eastern Railway, Gorakhpur (hereinafter referred to as “N.E.R., G.K.P.”) when writ petition was filed. Private respondents 5 to 19 are also A.S.I.s in R.P.F. in different areas under control of N.E.R., G.K.P. A seniority list of A.S.I.s under control of N.E.R., G.K.P. was published on 30.01.2004/14.02.2004 in which petitioners are placed at serial numbers 26, 28, 31, 32, 34, 35, 36, 38 and 39 respectively. Railway Board decided to restructure Group 'C' and Group 'D' cadres of R.P.F. and Railway Protection Special Force (hereinafter referred to as “R.P.S.F.”), both “Combatised” and “Non-Combatised”, and issued a Circular dated 15.09.2004, determining 01.11.2003 as the date of giving effect for restructuring in respect of Artisan and Ancillary categories of RPF/RPSF Non-Combatised, and 01.07.2004 for restructuring in respect of 'combatised' staff of RPF/RPSF. The detail and the manner in which said restructuring is required to be done, was provided in aforesaid Circular but in para 9 it was said that existing instructions with regard to reservation of Scheduled Caste and Scheduled Tribe wherever applicable shall continue to apply. The restructuring was made on existing strength, but by up-gradation of certain posts. Procedure for existing classification and filling up of vacancies was prescribed in para 3, which reads as under :

3. The existing classification of the posts covered by these orders as 'selection' and non-selection', as the case may be, remains unchanged. However, for the purpose of implementation of these orders the existing selection procedure will stand modified to the extent that the selection will be based only on scrutiny of service records and confidential reports without holding any written/viva-voce/physical test. In this procedure, the selection Board is supposed to consider the claims of the eligible staff one by one in order of their seniority. It will scrutinise the service records and confidential reports of staff beyond the number equal to the number of posts calculated in terms of para 3.1 below only to the extent the number of staff is found unsuitable for promotion. Further while implementing the restructuring on the basis of above procedure, instructions contained in Board's letter No.E(NG) I-92/CR/# dt. 08.10.93 should be kept in view. Naturally under this procedure the categorization as 'outstanding' will not figure in the panels. This modified selection procedure has been decided upon by the Ministry of Railways as a one time exception by special dispensation, in view of the numbers involved, with the objective of expediting the implementation of these orders. In the case of Artisan staff, the benefit of restructuri