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TMI Blog1970 (2) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... rievance is that they were appointed as officiating clerks Grade 1, after passing the Appendix 2 examination long before respondents 4 to 6 and 11 but these four respondents are shown as senior to the petitioners on the ground of their seniority in Grade II. The petitioners seek to support their claim by relying on Arts. 14 and 16 of the Constitution. The seniority of the direct recruits to Grade 1, the petitioners complain, is determined on the basis of their appointment, whereas the seniority of the petitioners, who are promotees. from Grade II to officiate in Grade 1, continues to be determined on the basis of their seniority in Grade II. It is emphasised that both the direct recruits and the promotees, like the petitioners, have to pass the Appendix 2 examination. But their seniority is determined by different methods. It is further complained that Grade II clerks who pass the qualifying Appendix 2 examination are not promoted immediately. They have to -wait till a vacancy occurs and even at the time of filling the vacancy the seniormost qualified clerk is selected for promotion without giving any preference to those who have qualified earlier in point of time. Again, when a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wide language of Arts. 14 and 16 to concrete cases a doctrinaire approach should be avoided and the matter considered in a practical way, of course, without whittling down the equality clauses. The classification, in order to be outside the vice of inequality must, however, be founded on an intelligible differentia which on rational grounds distinguishes, persons grouped together from those left out. The differences which warrant a classification must be real and substantial and must bear a just and reasonable relation to the object sought to be achieved. If this test is satisfied then the classification cannot be hit by the vice of inequality. It is the background of this broad principle that the petitioners' grievance is to be considered. The relevant provisions in the Indian Railways Establishment Manual directly applicable to the petitioners' case may now be seen. They are contained in paras 48 and 49, Chapter 1, Section B and paras 16 and 20(b) of Chapter 11. As the petitioners also rely upon paras 17 to 19 and 21 of Chapter 11 in support of the argument that para 20(b) is discriminatory it is desirable to reproduce all these paragraphs. "48. The classes includ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all be given the examination/test immediately he is available and if he passes the same, he shall-be entitled for promotion to the post as if he had passed the examination/test in his turn. 19. Seniority for promotion as Junior Accountants, Junior Inspectors of Station or Stores Accounts :- Seniority for promotion to the rank of junior accountant or junior inspector of Station or Stores Accounts should count entirely according to the date of passing the examination qualifying for promotion to those ranks. Candidates who pass the examination in a year are ipso facto senior to those who qualify in subsequent years irrespective of their relative seniority before passing the examination. In the case of staff of Ex-Company Railways, who are exempted from passing the examination, the date on which they are declared fit for promotion to the rank of Accountant or Inspector should be considered as the date of their passing. On receipt of the result of the above examination each railway administration should immediately hold a selection test of the candidates declared successful along with any eligible ex-Company or ex-State Railway Staff, who may be asked to appear before the selection boa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion for a fourth time, and, in very exceptional cases, the General Manager may permit a candidate to take the examination for the fifth-and the last time. (b) No railway servant, who has less than six months' service in a Railway Accounts Office or who has not a reasonable chance of passing the examination will be allowed to appear in the examination prescribed in this Appendix. In exceptional circumstances, the condition regarding six months' minimum service may be waived by the General Manager. (c) Temporary railway servants may be permitted to sit for the examination but it should be clearly understood that the passing of this examination will not give them a claim for absorption in the permanent cadre. (d) A candidate who fails in the examination but shows marked excellence by obtaining not less than 50% in any subject may be exempted from further examination in that subject in subsequent examination." It is quite clear that para 49 does not confer any right to immediate promotion on those Grade II clerks who pass the qualifying Appendix 2 examination. The only benefit which accrues to them is that one hurdle is removed from their way and they become eligib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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