ORDER :

Surepalli Nanda, J.

1. Heard learned counsel for the petitioner, learned standing counsel appearing for respondents 1 to 5 and learned counsel appearing for the unofficial respondents.

2. This petition is filed to stay all further proceedings in pursuance of the letter No. X/P.529/SI PF-70/2021, dated 28.09.2022 pending implementation of the directions issued by the Ministry of Railways (Railway Board) in RBE No. 53/2022, dated 13.04.2022, Railway Board Letter No. 2018 - (E) SCR/1/25/9, dated 02.05.2022 and Railway Board letter No. 2018/E/SCT/1/25/9, dated 22.06.2022 and RBE No. 114/97, dated 21.08.1997.

3. The case of the petitioner, in brief, is as follows:

a) The Centralized examination for promotion to ASI to SI was not held in the month of August, 2022, however, in the letter dated 23.09.2022, it was proposed to conduct the examination in the third week of November. Now the 3rd respondent, the IG-Principle Chief Security Commissioner vide letter No. X/P.529/SI PF - 70/2021 - 22, dated 28.09.2022 decided to hold the examination for promotion for ASI to the rank of SI PF under Rule 70 of RPF Rules 1987 at RPF Training Centre, Moula ali, Secunderabad and also circulated a list of eligible candidates for the written examination including the names of the respondents 6 to 14 who were irregularly promoted as ASIs depriving the petitioners.

b) The petitioner have put in more than 16 to 23 years of service without any promotion and are fully qualified and eligible for promotion as ASI and SI PH, but their names were not considered in spite of the instructions/directions issued by the Railway Board. It was also communicates that the eligible candidates shall report to the Selection Committee at RPF Training Centre at Moula-Ali one day before the scheduled date of examination i.e. at 10 hours on 17.10.2022 for appearing in the said selection.

c) The petitioners were selected as ASI in the examination notified in the year 2015 and held in the year 2016 and were empanelled for promotion vide Force Order No. 91/2016, dated 29.08.2016. The petitioners have also under gone the pre examination training required for promotion as ASIs. But unfortunately by quoting RBE 117/2016, dated 30.09.2016, which is not at all applicable to the petitioners, the promotion orders were not issued and after six months the panel was revised arbitrarily though it was not called for and the unofficial respondents were included in the panel and were promoted in the place of the petitioners by revising the panel without the approval of the Railway Board which is in itself is irregular.

d) The contentions raised in the counter affidavit filed in I.A. Nos. 1 and 2 of 2022 by the official respondents are unacceptable and contrary to the Railway Board instructions, RPF Rules, DOPT Office Memorandum and not in conformity with the orders and judgment of the Constitution Bench of the Apex Court in case of Jarnail Singh and others v Lachimi Narain Gupta and R.K. Sabarwal v State of Punjab.

e) The Apex Court in SLP No. 30621 of 2011 and batch and SLP No. 4831 of 2012 upheld that the constitutional amendments made providing for Rule of Reservation for promotion in respect of Schedule Castes and Scheduled Tribes with consequential seniority by following the principles laid down by the judgment of the Constitution Bench of the Apex Court in R.K. Sabarwal v State of Punjab (1995 SC 1371) about the strict maintenance of rosters and that the SC and ST candidates selected on their own merit should be considered against the unreserved roster points.

f) The usual practice is to order promotions subject to the orders of the Court cases if any and the same will not come in the way of the 2nd and 3rd respondents in ordering notional promotions to the petitioners with retrospective effect and with all consequential service and monetary benefits as per the directions of the Railway Board.

g) Therefore, it is just and necessary to stay the conduct of the examination for promotion from A