- (1.) These appeals by special leave are directed against two inter-linked judgments of the High Court of Andhra Pradesh. It will be convenient to dispose them of by this common judgment.
(2.) Respondents 1 to 9 in Civil Appeal No. 1937 of 1972 made a petition (W. P. No. 1145 of 1969) under Art. 226 of the Constitution in the High Court for the issue of a writ of Mandamus directing the present appellants (the General Manager South Central Railway and the Secretary, Railway Board to fix the inter se seniority of the writ petitioners as per original proceedings, dated October 16, 1952, of the Railway Board and to further direct them not to give effect to the subsequent proceedings dated November 2, 1957 and January 13, 1961, of the Board issued by way of "modification" and "clarification" of its earlier proceedings of 1952.
(3.) During the last World War there was acute shortage of foodgrains and other necessaries of life. At the suggestion of B. N. Rau Committee grain shops for the supply of foodgrains at cost price to its employees were opened by the Indian Railways on an extensive scale throughout the country. Staff for this temporary Grain-Shop Complex was drawn from three different sources : (i) Temporary employees who on being selected through the joint Selection Commission or Staff Selection Board were initially appointed in the permanent Departments and were thereafter transferred to the Grain shop Department. (ii) Temporary employees selected by the Selection Board or the Selection Commission for permanent Departments but posted straightway in the Grain Shop Department without being first appointed in the department for which they were originally selected, and (iii) Temporary employees directly recruited by the Deputy General Managers to the Grain Shop Department from the 'open market'.;