A.P.Sahi, J. - (1.) Heard Sri Acharya Rajesh Tripathi, learned counsel for the petitioners and Govind Saran for the respondents.
(2.) The challenge is to the order dated 23.2.2010 whereby the petitioners have been placed as constables of Railway Protection Force fixing their placement in terms of the request made by the petitioners which the respondents allege is an undertaking.
(3.) Learned counsel for the petitioner contends that the aforesaid placement is contrary to rules and a supplementary affidavit has been filed wherein learned counsel for the petitioner has raised four submissions quoted herein below: 4(e) That aforesaid position are invited some question for most consideration that firstly, whether Railway Board's directive or Govt, instructions can superseded the statutory rules, secondly the petitioners upon his transfer from RPSF at his own request to the RPF, are entitled to be placed in the seniority list on the bottom of existed. Confirmed and officiating staff, in the relevant grade of this railway on which day they are joining or they shall be placed in the seniority list of Constable post, thirdly, whether the seniority shall be fixed accordance with rules or on the undertaking, given in lacks of knowledge of this' position (facts) misinterpreted by the concern respondent and lastly, whether any undertaking can wiped the seniority of earlier department, accepted in the contrary of law and directives.;