ALL INDIA STATION MASTERS' & ASSISTANT STATION MASTER'S ASSOCIATION & OTHERS versus GENERAL MANAGER, CENTRAL RAILWAYS AND OTHERS

Citation: [1960] 2 S.C.R. 311 · Decided: 20-11-1959 · Supreme Court of India · Bench: BHUVNESHWAR PRASAD SINHA · Disposal: Dismissed

Cited by 6 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

-· 
8.C.R. 
SUPREME COURT REPORTS 
point argued was that 'the amendment should have 
been allowed and no other point was pressed. The 
learned counsel for the respondent does not accept this 
position. In the ci~cumstances, we have no other 
· option but to remand the case to the High Court for 
disposal in accordance with law. The respondent will 
pay the costs to the appellant.· 
Appeal allowed. 
ALL INDIA STATION MASTERS' & ASSISTANT 
STATION MASTER'S ASSOCIATION & OTHERS 
v. 
GENERAL MANAGER, CENTRAL RAILWAYS 
AND OTHERS 
(B. P. SINHA, C.J., P. B. GAJENDRAGADKAR, 
K. SuBBA RAo, K. C. DAS GUPTA and J.C. SHAH, JJ.) 
State Employmmt-Equality of opportunity in matters of 
promotion-Concept and 
meaning 
of-Constitution of India, 
Art. r6(r). 
The Roadside Station Masters of the Central Railway 
challenged the constitutionality of promotion for guards to higher 
grade station masters' posts. The petitioners contended that the 
channel of promotions amounted to a denial of equal opportunity 
as between Roadside Station Masters and Guards in the matter 
of promotion and thus contravened the provisions of Art. r6(r) of 
the Constitution, as taking advantage of this channel of promo-
tions, guards become station masters at a very much younger age 
than Roadside Station Masters and thus block the chances of 
higher promotion to Roadside Station Masters who reach the 
scale when they are much older. 
The appellant contended that Roadside Station Masters and 
Guards really.formed one and the same class of employees. 
Held, that the Roadside Station Masters belong to a wholly 
distinct and separate class from Guards and so there can be no 
question of equality of opportunity in matter of promotion as 
between the Roadside Station Masters and Guards. 
The question of denial of equal opportunity requires serious 
consideration only as between the members of the same class .. 
The concept of equal opportunity in matters of employment, does· 
not apply to variations in provisions as between !p.embers of 
different classes of employees under the State. Equality of 
opportunity in matters of employment can be predicated only· 
' 
1959 
S. M. Banerji 
v. 
Sri Krishna 
Agarwal 
Subba RaoJ. 
I959 
Nov•mber zo 
I959 
All India 
Station Masters' 
& Asst. 
Station NJ asters' 
Associativn 
V, 
312 
SUPREME COURT REPORTS [1960 (2)] 
General Manager, 
Central Railways 
bet\veen persons \vho are e"ither seeking the same employment, or 
have obtained the same employment. Equality of opportunity 
in matters of promotion, must mean equality as between members 
of the same class of employee and not equality between members 
of separate, independent classes 
The fact that the qualifications 
necessary for recruitment of one post and another are approx-
imately or even wholly the same can in no vvay affect the question 
whether they form one and the same class, or form different 
classes. 
ORIGINAL JURISDICTION: Peti.tion No. 126 of 1958. 
Petition under Article 32 of the Constitution of 
India, for enforcement of Fundamental Rights. 
N. C. Chatterjee and R. V. S. Mani, for the peti-
tioners. 
B. Sen and R. H. Dhebar, for the respondent. 
1959. November 20. 
The Judgment of the Court 
was delivered by 
Das Gupta]. 
, DAS GUPTA J.-The petitioners who describe them. 
selves as Road-side Station Masters challenge in this 
petition under Art. 32 of the Constitution the consti-
tutionality of the channel of promotion for Guards to 
higher grade Station Masters' posts as notified in the 
. issue of the Central Railway Wrekly Gazette No. 3 
dated November 23, 1951. 
Under this Notification 
Guards have two lines of promotion open to them. 
One is that by promotion, C grade Guards may become · 
B grade Guards on Rs. 100-185 and thereafter by 
further promotion A grade Guards on Rs. 150-225. 
The second line of promotion open to them is that by 
an examination described curiously enough as Slip 45 
examination C grade Guards are f ligible for promotion 
to posts of Station Masters on Rs. 150.225 scale and 
thereafter to all the further promotions that are open 
to the ::-ltation Masters, viz., higher "cales of Rs. 200 to 
Rs. 300, Rs. 260 to Rs. 350, Rs. 300 to Rs. 400 and 
finally Rs. 360 to Rs. 500 ; B grade Guards and A grade 
Guards are also on passing Slip 45 examination eligible 
for promotion to posts of Station Masters on Rs. 200-300 
pay scale and thereafter to further promotions to the 
higher scales in the Station Masters' line. 
The Road-
side 

Excerpt shown. Read the full judgment & AI analysis in Lexace.