RAJENDRA NATH MITTAL, J. - (1.) This writ petition has been filed by the petitioners on the following facts:-
(2.) It is stated that the petitioners were working as Trains Clerks Grade I. In the year 1962 the Railway Authorities asked the said employees for making a choice of tine of promotion i.e. whether they opted for as Trains Clerks Grade II or Guard Grade 'C' Respondents 4 to 9 exercised their choice for Trains Clerks Grade II sports. In the year 1965 again the Railway Authorities issued another letter asking the employees to opt whether they wanted to be promoted as Trains Clerk Grade II or Guard Grade 'C'. It is alleged that the petitioners opted for promotion as Guard Grade 'C' and Respondents Nos. 4 to 9 repeated their choice for promotion be Trains Clerk Grade II. It further alleged that thereafter respondents Nos. 4 to 9, who had earlier given their choice for promotion as Trains Clerk Grade II had been selected for Guard Grade 'C' in view of a subsequent letter and were being sent for training to the Training School, Northern Railways, Chandausi (U.P.). They consequently prayed that the selection of respondents Nos. 4 to 9 be struck down as it was illegal and ultra vires.
(3.) The writ petition had been contested by the respondents, we have stated that the policy letters, on the basis of which the respondents were taken as Guard Grade 'C', were legal and the department could issue such letters.;