M.JAGANNADHA RAO,J.: - (1.) LEAVE granted in Special LEAVE Petition (Civil) No.7076 of 1995.
(2.) THESE cases raise common questions relating to seniority of officers in the rank of Commandant/Security Officer/Asstt. Inspector General/ Dy. Director/Divisional Security Officer. The Rules which are relevant are the Railway Protection Force(Superior Officers) Recruitment Rules, 1974 (hereinafter called the ' 1974 rules') and the Railway Protection Force(Group A and B Posts) Recruitment Rules, 1981 (hereinafter called the '1981 Rules') Eight writ petitions filed in various High Courts have been transferred to this Court and registered as Transferred Petitions, to be disposed of along with Civil arising out of the Judgment of a division bench of the Calcutta High Court on appeal from the judgment of a 598 learned Single Judge of that court. We also have before us an independent Writ Petition No. 98 of 97 filed under Article 32 of the Constitution of India. Before referring to the facts of the cases it will be necessary to refer to the hierarchy of posts and the mode of recruitment and promotion under the 1974 rules as well as under the 1981 rules and the conditions for eligibility for promotions. Underthe1974Rulesthehierarchy of posts was as follows. Initially the recruitment was to the post of Assistant Commandant/Assistant Security Officer in Class-11 Group-B (hereinafter called generally as assistant Commandant -Cadre for convenience) in the pay scale of Rs.350-900. Further promotion from that post was to the post of Commandant/Assistant Inspector General/Security Officer(Class-l, Group-A) in the pay scale of Rs.700.00- 1,250.00 The promotion was by way of selection through the Departmental Promotion Committee and the condition of eligibility was that a person should have put in 8 years of regular service in the post of Assistant Commandant. So far as the post of Assistant Commandant at tower level is concerned, the said cadre was consisting of 30% direct recruits to that post and 60% promotees from a post which was below the post of Assistant Commander and 10% by way of transfer etc. From the post of Commandant the further promotion was to the post of Deputy Chief Security Officer in Class-1, Group-A bearing a pay-scale of Rs.1300-1600. The promotion was through the DPC and the condition of eligibility was that a person should have put in 5 years regular service as Commandant.
(3.) UNDER the 1981 Rules which came into force from 8/05/1981, direct recruitment to the post of Assistant Commandant(Group-B, Class-11 in the pay scale of Rs.650-1200 was completely stopped and the said post was to be filled entirely by promotees below the post of Assistant Commandant. From the said post of Assistant Commandant(Group-B, Class-11 instead direct promotion to the post of commandant as was obtaining under the 1974 rules, an intermediate post was created in Class-1 in the pay scale of Rs.700-1300 but the designation was the same namely Assistant Commandant/Assistant Security Officer. In the departmental communications this is described as Group-A, Class-1 Junior Scale post. The recruitment to the intermediate post was 40% by promotion of Assistant Commandants who had put in 3 years of regular service. The promotion being from Class II to Class-1 the promotees had to go through the DPC. The remaining 60% in this intermediate post was to be filled up by direct recruitment through the Union Public .Service Commission. The next promotion from this intermediate post was to the post of Commandant/Security Officer/Assistant Inspector General Deputy Director/Divisional Security Officer (hereinafter generally called Commandants cadre for convenience). In the departmental communication this is described as Group-A, Class-1 post Senior Scale. 599 For promotion as-Commandant, assistant Commandants in Group-A, Class-1 are eligible under the 1981 Rules after 5 years of regular service. The promotion being from being Class I to Class I there is no DPC. From the post of Commandant, the further promotion is to the post of Deputy Chief Security Officer in Group-A, Class-1 in the pay scale of Rs. 1500-2000. This post is also called a post of Senior Security Officer. The Commandant who has put in 5 years regular service is eligible for promotion to this post and the promotion is through DPC. The further promotion is to the post of Deputy Inspector General/Chief Security Officer and finally to the post of Inspector General. For convenience we are setting out a tabular statement of the hierarchy of posts under the 1974 and 1981 Rules. JUDGEMENT_594_JT7_1997Image1.jpg ;