Sinha, J. - (1.) A very short point has arisen in this case but it does appear that the point ia of great importance to a particular class of employees of the Eastern Railway. The position is as follows:
(2.) The petitioner is a railway servant employed as a commercial clerk, more particularly, an Assistant Goods Clerk, at the Howrah Goods Office of the Eastern Railway in the salary grade of Rs. 60/-......Rs. 150/-. This post 15 a "non-selection post". In other words, there appears to bo two kinds of posts amongst the railway subordinate staff, namely, 'selection posts' and 'non-selection posts. It" appears that all posts below Rs. 200/-...... .Rs. 300/- are now treated as non-selection posts. The entire problem in this case is as to how incumbents in non-selection posts are to be promoted. The matter is primarily governed by the provisions of the Indian Railway Establishment Code, and the Rule applicable in to be found in Appendix 'II-A set out at page 211 of the Indian Railway Establishment Code, Vol. I (1951). The relevant provisions are as follows: "4. Promotion.-- (a) A railway servant may be promoted to fill any post, whether a selection post or a non-selection post, only if he is considered fit to perform the duties attached to the post. The General Manager or the Chief Mining Engineer or head of a department, may prescribe the passing of specified departmental or other tests as conditions precedent to an employee being coneidered fit to hold specified posts; such Rules should be published for the information of the staff concerned . 5. Non-selection posts: (a) Promotion to non-selection posts shall be made by the authority competent' to fill the post from amongst the staff normally eligible for such promotion in accordance with the orders or practice regulating such promotions. (b) Promotion to such posts shall be made in the order of seniority of the man concerned, a senior man being passed over only if he has been declared unfit for holding the post in question. Note.-Declaration of unfitness should ordinarily have been made sometime previous to the time when the promotion of the employee is being considered. (c) When in filling a non-selection post a senior man is passed over, the authority making the promotion shall record briefly the reasons for such supersession."
(3.) As against non-selection posts, selection posts are by Rule 6 of Appendix II-A, filled in accordance with merit.;