- (1.) OM Prakash, J. The short question for consideration in this writ petition is whether joint seniority list of XVI Batch of Head Rakshaks announced by a letter dated 21-1-1985 is valid.
(2.) THE petitioners were promoted to the grade of Head Rakshak from the grade of Senior Rakshak working in the Railway Protection Force Northern Railway, way-back in 1976. THE promotions from the grade of Senior Rakshak to the grade of Head Rakshak are required to be made in accordance with the Railway Protection Force Regulations, 1966 (herein after to be referred as 'the Regulations'), which have been framed under Rule 32 of the Railway Protection Force Rules, 1959 (briefly, 'the Rules') which, in turn, were framed in exercise of the power, conferred by Sec tion 21 of the Railway Protection Force Act, 1956 (for short, 'the Act' ). It is contended that a provisional joint seniority list was circulated in the year 1984 and then objections were filed by the petitioners. Despite their objections the joint seniority list was approved, which implies that the objections made by the petitioners stood rejected. Aggrieved, the peti tioners filed the writ petition in the year 1985. It is not disputed that while making promotions to the grade of Head Rakshak from the grade of Senior Rakshak, an examination was held in different divisions. Rule 24 (1) of the Rules provides that promotion from one class to another among members of the force shall be made on the basis of selection by committees appointed in this behalf and in accordance with the regulations defining eligibility of the candidate for such selection and the tests which may include written, oral and practical tests. Promo tions in grades shall, however, be on the basis of seniority-cum-suitability. (Emphasis supplied ).
(3.) FROM Rule 2d (l) of the Rules, it is manifest that promotions from one grade to another will be made on the basis of seniority-cum-suitability or seniority-cum-fitness. Sub-rule (3) of Rule 24 provides that specially deserving Rakshaks or Senior Rakshaks, who have done good work, may be promoted to the rank of Senior Rakshaks or Head Rakshaks respectively on the basis of a selection, but the total number of such promotions shall not exceed 20 per cent of the number of promotion made to the particular cadre within the region of division at any given time and every case with the reasons for such promotion shall be placed before the Chief Security Officer. It follows from the Scheme of Rule 24 that promotions from the grade of Senior Rakshak to the grade of Head Rakshak will be made on the basis of seniority- cum-suitability, subject to the condition that 20 per cent of the number of promotions made to the grade of Head Rakshak can be promoted by selection as envisaged by sub-rule (3) of Rule 24. It explains why the written test was held to make promotions to the grade of Head Rakshak. Ordinarily, to make promotion on the basis of seniority-cum-fitness or seniority-cum-suitability no examination is required to be held, because in that case the promotion will be made on the basis of seniority subject to rejection of unfit. Because 20 per cent of the number of promo tions made to a particular grade can be made by way of selection, examina tion was held of Senior Rakshaks for promoting them to the grade of Head Rakshak. This is no body's case that promotions made by way of selection exceeded 20 per cent. The contention of learned Counsel for the petitioners before us is that no centralised list or joint seniority list was prepared of the Senior Rakshaks, who were promoted to the grade of Head Rakshaks. In para-, graph 15 of the writ petition the averment is : "in the Joint Seniority list of the Head Rakshaks inter se seniority of the XVI Batch of Head Rakshaks has been fixed according to their seniority given in the panels formed in the Division by the respective Security Officers and arranged in the order of the announcement of the panel by the Security Officer of the Division concerned. Panels of Head Rakshaks were announced for Bikaner, Ferozpur and Jodhpur Divisions first in point of time and on the same date as there is one Security Officer for the three divisions. Followed next by Delhi Division panel and then Allahabad, Moradabad and lastly Lucknow Divisions announced their panels of Head Rakshaks as a result of selection made at the Divisional level. " In paragraph 16 of the writ petition it is further averred : "in Joint Seniority List of XVIth Batch of Head Rakshaks of Ferozpur and Jodhpur are placed at the top enbloc followed by Head Rakshaks of Delhi Division in enbloc and so on,";