K.N.Goyal, J. - (1.) All these four petitions relate to disputes about promotion from Class III (Technical) to Class II (Technical) posts in RDSO. These promotions are governed by various circulars of the Railway Board. They are incorporated in the Indian Railway Establishment Manual and are amended from time to time by directions contained in circulars issued by the Board. It is not disputed that these provisions have the effect of statutory rules inasmuch as the Railway Board has been delegated by the President the power to make rules under the proviso to Article 309 of the Constitution.
(2.) The four petitions relate to different specialities in the technical field Writ petition No. 994 of 1979 relates to Electrical Engineering Branch. Writ petition No. 998 of 1979 relates to Signals and Telecommunication Engineering Branch. Writ petition No. 1065 of 1979 relates to Civil Engineering Branch, while Writ petition No. 5292 of 1983 relates to the Mechanical Engineering Branch. However, as common questions of law and fact are involved, arguments in the four petitions were heard together and it will be convenient to dispose of the same through a common judgment.
(3.) Chapter II S. 'A' of the Indian Railway Establishment Manual (Paras 201 to 207) deals with the procedure for promotion to the posts in question. Existing vacancies and vacancies anticipated to occur during the course of coming year are at first worked out. They are intimated to the Class III staff. Class III staff who are eligible and indicate their willingness to appear at the selection are then subjected to written examination consisting of three papers, besides viva voce. The Selection Board consists of four Heads of Departments including the Chief Personnel Officer (where such a post exists) and the Plead of the Department concerned. Only persons who are permanent in Class III posts are eligible and it is further required that they should have rendered a minimum of three years non-fortuitous service after reaching a particular stage. Irrespective of this condition, permanent staff who are in the possession of an Engineering Degree and have put in at least three years of service in Class III are also eligible. At the relevant time the maximum number of candidates who were to be subjected to test was six times the number of vacancies (existing and anticipated).;