Law:

Section:

(a) Government servant- Special leave to appeal to Supreme Court-Granted to consider question: whether vested rights of seniority in cadre of an established service (Railway Guards) can be said to arise, for enforcement through law, only on date of induction into permanent section of that service or whether they exist and are enforceable even before confirmation. Leave was granted by the Supreme Court as the ques­tion raised being of first impression, was of general importance, namely, whether vested rights of seniority in the cadre of an established service can be said to arise for purposes of enforcement through law only on the date of induction into the permanent section of that service or whether, in the alterna­tive, they exist and are so enforceable even before confirmation, i.e. at a stage when the incumbent is only holding a temporary post or is officiating, in the tentative or non-established section. (b) Government servant -Railway servant-Seniority and confirmation-Method of recruitment, ratio of 50:5O between direct recruits and departmental promotees (Railway Guards)-Not to be extended to fixation of their seniority or confirmation inter se-Relegation of persons joining service in a grade first, even in temporary or officiating capacity, to a junior position as against those joining later in same capacity to fill vacancies deemed to be reserved for them-Held, against all notions of natural justice. It is wholly against all notions of natural justice that persons, who join service in a grade first should be related to a junior position as against those who join later, merely because they fill vacancies which were deemed to be reserved for them. The ratio of 50 : 50 between the direct recruits and the departmental promotees merely relates to the policy of their recruitment to the grade and is not to be extended to the fixation of their seniority or their confirmation inter se. All the incum­bents have to be treated at par in the matter of their seniority in the grade after they enter it. There is no rule that confirmation in the grade is also to be made by rotation, that is to say, one direct recruit and one departmental promotee, have to be…

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