Satish Chandra, J. - (1.) This writ petition questions the correctness of the seniority list, prepared by the Divisional Superintendent, Central Railway, of the incumbents of the post of Train Examiners. It is a Class III Non-Gazetted post. It has two grades: (1) Entry Grade carrying a scale of Rs. 80-160 and (2) a higher grade in the scale of Rs. 150-225. "The petitioner was recruited directly to this post in May, 1956 as an apprentice Train Examiner. He completed his four-year course of apprenticeship, and was appointed to the post of the Train Examiner in May, 1960. The respondents have, after the admission of the present writ petition, published a seniority list in November, 1968, indicating that the principle adopted by them in fixation of seniority was that a direct recruit shall be placed next below the promotees- already appointed before him. In substance, the direct recruits do not get a place in the seniority list on the date of their recruitment, but four years later when, after the completion of the apprenticeship, they are appointed to the post. .The petitioner questions the validity of this approach.
(2.) Mr. Khare, appearing for the petitioner, raised a two-pronged attack. He relied upon certain orders issued by the Government of India from time to time for the determination of seniority of the staff in Central Services. In the alternative, he relied upon the administrative orders of the Railway Board relating to this subject.
(3.) 1 On 14th May, 1940, the Home Department of the Government of India issued a circular on the determination of the relative seniority of candidates appointed by direct recruitment and by promotion. Clause (c) of this circular states: "(c). The seniority of candidates appointed to newly created posts or vacancies which are filled partly by promotion or transfer and partly by direct recruitment, i.e., in the Assistants Grade Class I in the Secretariat and the 1st and the 2nd Divisions in the Attached Offices, shall be determined according as, under the rules, the vacancy to be filled by direct recruitment or that to be filled by promotion occurred earlier. For instance, in a department, where two permanent or quasi-permanent vacancies occur even simultaneously in Assistants' grade and the first vacancy is in accordance with the cycle, meant for a direct recruit, the direct recruit will rank in seniority above the departmental candidate (i.e., the candidate appointed by promotion or transfer) even though he joins his post after the departmental candidate has been promoted and confirmed.";