A.K.Banerjee, J. - (1.) The subject matter of these two appeals would depend upon proper interpretation of the Apex Court Judgment in the case of H.S. Grewal v. Union of India & Ors., reported in 1997(11) Supreme Court Cases, page 758.
(2.) The subject matter of dispute before the Apex Court related to seniority of officers in the rank of Commandant/Security Officer/ Assistant Inspector General/Deputy Director/Divisional Security. Officer in Railway Protection Force. Under 1974 Rules initially, the recruitment was to the post of Assistant Commandant/Assistant Security Officer in Class II, Group-B. The next promotional post was Commandant/Assistant Inspector General/Security Officer in Class I, Group-A. The promotion was by way of selection through the Departmental Promotion Committee. Under the rules, a person putting eight years regular service in the post of Assistant Commandant was entitled to come within the zone of consideration for promotion to the next promotional post. In Class-II, Group-B, 30% were direct recruits, 60% by way of promotion from a lower post and 10% by way of transfer. Under 1981 Rules, direct recruitment to the post of Assistant Commandant (Class-II, Group-B) was completely stopped and such post was being filled up by promotees from the lower post and intermediate post was created Class-I where the promotees' from the lower post were placed giving a junior scale in Class-I, Group-A. The recruitment to the intermediate post was 40% by promotion of Assistant Commandants putting three year regular service, 60% by direct recruit through UPSC. The next promotion was in Group A Class-I giving senior pay scale.
(3.) Dispute before the Apex Court was between two groups of officers. The first group were recruited prior to the introduction of 1981 Rules to the post of Assistant Commandant Class II, Group B who by the time 1981 Rules came into force had completed several years of service as Assistant Commandant Class II, Group B and were awaiting further promotion as Commandant' Class 1, Group A. Regular promotions were not had since 1981. The incumbents were stagnating in the said post for several years. Even the officers who had been promoted ad hoc basis completed five years of ad hoc service in the cadre and were expecting the next promotional post. There had been complication with regard to fixation of their seniority after introduction of 1981 rules. In 1990, notification was issued that they would be given promotion to the intermediate post being Group A, Class I junior scale and then promoting them to the post of Commandant in Class I, Group A senior scale on ad hoc basis. This created a dispute between this group with the other group who were direct recruits in the post of Class 1, Group A after 1981 Rules came into force.;