PATHAK, J. - (1.) THE Judgment of the court was delivered by
(2.) BY this petition under Article 32 of the Constitution the petitioners challenge the validity of a combined seniority list dated 30/10/1979 of Divisional Medical Officers and of promotions and officiating appointments made on the basis of that seniority list to posts of Medical Superintendents in the Indian Railway Medical Service. Medical Service in the Indian Railways is structured in ascending levels. At the base, for the purpose of this case, is the cadre of Assistant Divisional Medical Officers Class I (who before 1/01/1973 were described as Assistant Medical Officers Class II). Above them is the cadre of Divisional Medical Officers. The next above is the cadre of Medical Superintendents. Still higher rank Chief Medical Officers,-and the apex of the hierarchy is held by the Director General of Medical Services. There are eight petitioners. They were Assistant Medical Officers Class II and had been confirmed in that grade, one petitioner in 1962 and the others in 1963.
(3.) DURING the years 1970 to 1972, the petitioners were selected by Departmental Promotion Committees for officiating appointments to the Class I posts of Divisional Medical Officers, when the Indian Railway Medical Service (District Medical Officers) Recruitment Rules, 1965 were in force. Those rules were repealed and replaced by the Indian Railway Medical Service (District Medical Officers) Recruitment Rules, 1973. Under the Rules of 1965 and the Rules of 1973. the posts of District Medical Officers were treated as selection posts. To give effect, to the recommendations of the Third Pay Commission, the scales of pay of existing categories of officers were revised. The existing pay scale of Rs. 350-900 attached to the posts of Assistant Medical Officer was revised and split into two pay scales, a higher Class I scale of Rs. 700-1600 and a lower Class II scale of Rs. 650-1200. The posts of Assistant Medical Officers were divided into those carrying the higher pay scale and those carrying the lower pay scale. A very large number of posts of Assistant Medical Officer were upgraded to the higher pay scale of Rs. 700-1600, and were designated as "Assistant Divisional Medical Officer". The petitioners were placed in the higher pay scale of Rs. 700-1600 and were 248 designated as Assistant Divisional Medical Officers with effect from 1/01/1973. Thcscreeningofover2000AssistantMedical Officers for the purpose of upgrading them to the higher scale kept the Screening Committee busy from 1974 to 1976 or so, and practically no recruitment was made during those years either by permanent promotion or direct recruitment to the posts of Divisional Medical Officer.;