S PARAMASIVAM Vs. CHIEF SECURITY OFFICER RAILWAY PROTECTION FORCE SOUTHERN RAILWAY MADRAS BEACH STATION MADRAS

JUDGEMENT

(1.) AGGRIEVED by the proceedings of the 1st respondent dated 14.2.1985 the petitioner has filed the above writ petition for quashing the same and also for direction directing the respondents 1 and 2 herein to promote him as Inspector, Railway Protection Force with regard to his due seniority with all attendant benefits.

(2.) THE case of the petitioner is briefly stated hereunder:

(3.) IT is seen from the particulars furnished in the counter-affidavit that the Railway Board have sanctioned 40 posts of Inspector, Railway Protection Force under restricting and the Director General of Railway Protection Force, New Delhi in his letter No.83/Sec.(E) 138/2 dated 8.9.1984 issued separate guidelines to fill up the upgraded post. IT is also stated in the said guidelines, it has been decided that "one time" departure to normal regulations made under Rule 26 of the Rules in respect of promotion in the upgradation, restructure on the basis of service record only be made applicable to the promotions against the posts which existed on 31.12.1983 and the new posts which had been sanctioned in the restructuring. IT is also clear from the said guidelines the said "one time" departure was not applied to the post that fall vacant on or after 1.1.1984. In the light of the said guidelines for promotions, previous 5 years" annual remarks, namely, for the years 1979 to 1983 were taken into consideration. In other words, according to the respondents, in view of the guidelines the selection list for the post of Inspector Grade II is a departure from the normal course