- (1.) DILIP Gupta, J. This Special Appeal has been filed against the judgment and order dated 10 8. 2001 of the learned Judge dismissing the petition, which had been filed with the principal relief that respondent No. 3, namely, the Chief Security Commissioner, Railway Protection Force, Baroda House, New Delhi may be directed to declare the entire result of the selection held for the post of Head Constables as notified by the Notification dated 12-8-1998.
(2.) WE have heard the learned counsel for the petitioner appellants and the learned counsel appearing for the respondents. The controversy involved in the writ petition out of which the Special Appeal arises relates to the promotion of the Constables working in the Railway Protection Force to the post of Head Constables. Prior to the implementation of the recommendations of the Vth Central Pay Commission dated 4-12- 1997 the rank structure of the Railway Protection Force up to the post of Head Constables as the position emerges from the Railway Protection Force Rules, 1987 (hereinafter referred to as the 'rules') was as under:- (i) Constable-direct recruitment, (ii) Naik-by promotion from the constables on the basis of seniority subject to rejection of unfit, (iii) Head Constable-by promotion: (a) 60% under Rule 70 from amongst Naik, (b) 40% under Rule 72 by open competition from all Naik and constables who have put in 8 years of service in the Force on the date of the notification.
(3.) IN October, 1997 a panel of 506 candidates was formed for promotion to the rank of Naik from amongst the eligible candidates under Rule 70 of the Rules. Under Rule 64 it has been provided that enrolled members for promotion to the rank of Naik shall undergo a special course at any training INstitution of the Force. This training was to commence from 20-2-1998 but before the training could start, the post of Naik was abolished and redesignated as Head Constable w. e. f. 4-12-1997 by the Ministry of Railways. On account of the abolition of the post of Naik, a decision was taken by the Director General, Railway Protection Force, Railway Board that the candidates empanelled under Rule 70 of the Rules for promotion as Naik and waiting for the pre-promotional course training under Rule 64 of the Rules should not be sent for this training. It was also decided that the 506 vacancies to the post of Naik, which had, since been abolished, should be added to the existing 225 vacancies of Head Constables. The vacancies of Head Constables thus stood increased to 731 and for filling up 731 posts of Head Constables on promotional basis, a notification dated 12-8-1998 was issued for holding the selection of the Head Constables both under Rules 70 and 72 of the Rules. The petitioner appellants are some of those candidates who had been appointed as constables in the Railway Protection Force and had appeared at the departmental competition for promotion to the post of Head Constables under Rule 72 in the month of January, 1999. Before the result of the said selection could be declared, a policy decision was taken by the Railway Board, which was conveyed by means of the communication dated 23-2-1999. It was decided that the matter relating to the constables who had been selected for promotion to the rank of Naik prior to 4-12-1997 and were waiting for the pre- promotional course training had been reviewed on a reference from the Northern Railway and it was decided by the Director General, Railway Protection Force that such candidates may now be sent for pre-promotional course training for the post of Head Constable as the post of Naik had been abolished w. e. f. 4-12-1997. These promotions would be under Rule 70 of the Rules. In view of the said policy decision, the number of vacancies to the post of Head Constable stood reduced to its original number of 225 and the 506 candidates selected in October, 1997 became entitled to be promoted to the post of Head Constables. Out of these 225 vacancies only 60% were required to be filled up by promotion under Rule 70 and the remaining 40% under Rule 72 of the Rules. This being the position, the number of vacancies to be filled up for the post of Head Constable under Rule 70 of the Rules was determined as 135 (being 60% of 225) and the remaining 90 vacancies were required to be filled up under Rule 72 of the Rules.;