S.K. CHANDAN versus UNION OF INDIA & ORS.

Citation: [1977] 1 S.C.R. 785 · Decided: 12-10-1976 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Dismissed

Judgment (excerpt)

I 
785 
S. K. CHANDAN 
\I. 
UNION OF INDIA & ORS. 
October 12, 1976 
[Y. V. CHANDRACHUD AND A. C. GUPTA, JJ.] 
Indian Railway fa·tablishment Code-Para 157-Whether tlit paragrapil 
empowers the Rail1ray Board to make mies for tlie gazetted Railway ser-
vants-Constmction of para I 57. 
A 
B 
(ii) 1'romotions-Riuht to pro11101ion-Whet/1er promotion of class Ill 
employec.1· to class II is govemed by "Advance Correction 
Slip 
No. 
70" 
introducing w.e.f. March 11, 1973, new mies 324 to 328 and substituting a 
C 
new rnle iOl in Chapter Ill of the Indian Railway Establisllmenl Manual-
Scope and applicability of Rules 301 and 328(2), (4) Gll<l (5). 
(iii) Indian Railway Esrablishment Mwwal-Whether Rule 
328(2) 11ro-
ridi11g for the invalidity of promotions made in the Diesel Locomotire Works 
from August 1, 1961 to March 11, 1973 casts an obligation on the Railway 
JJonrd to recall all promofi'ons and to form a fresh panel-Meaning of "pro-
motion made in the Diesel Locomotive Works in Rule 328(2) and promotion 
D 
JO the hi1d1cr i:rades in Rule 328(4)." 
Chapter II of the Indian Railway Establishment Manual deals with "Rules 
governing the provision of subordinate staff and Section A thereof deals with 
"promotion to class U posts." The Railway Board 
by virtue of its 
power 
Yested by para 157 of the Indian Railway Establishment Code, inlrlXiuced 
w.e.f. March I I, 1973, an "Advance Correction Slip No. 70" substituting 
a new rule 301 and introducing new rules 324 to 328. 
Cha,pter HI deals 
with the mies regulating seniority of non-gazetted Railway servants and the 
E 
·new rnle 328(2) provided that selections and promotions made in the Diesel 
Locomotive Works from August 1, 1961 to March 11, 1973 shall not be 
valid. 
The appellant. a member of the class 111 service serving with th~ Western 
Ra·ilway as a chargeman was transferred to the Diesel Locomotive Works 
in 1963 and was given the benefits of deemed dates of transfer as provided 
for in Rule 326(2). The appellant filed a writ petition in the Allahabad 
High Court praying for a writ of mandamus on the strength of the "Advance 
F 
Correction Slip 
No. 70" praying for a direction to the respondent to 
hold 
selections to class II service. 
The application was rejected holding that the 
rules contained in Slip No. 70 did not govern the promotion of class Jll em-
ployees to class JJ. 
Dismissing the appeal by special leave the court, 
HELD: Though the Railway Board has the power to make rules govern-
ing both gazetted and non-gazetted Railwa,y servants, the rules expressed to 
be made under paragraph 157 cannot, in the very nature of things, be in-
tended to apply to gazetted Railway servants 
or to govern the promotion 
of non-gazetted Railway servants to gazetted posts. If the 
Railway 
Board 
has the power to make rules in regard to both gazetted and non-gazetted 
Railway servants, the signification of a limited source 
of 
power 
cannot 
whitle down the effective exercise of that power if the· rules can reasonably 
he construed to cover both the gazetted and non-gazetted 
categories. [787 H, 
788 A-BJ 
(2) None of the rules introduced by Slip No. 70 govern the promotion 
of a class III employee to a class II post. The amendments were made to 
Chapter Ill dealing with rules regulating seniority of non-gazetted Railway 
servants. 
Jt is in regard to that class of Railway servants that the Railway 
G 
H 
A 
B 
c 
D 
E 
F 
G 
H 
is (j 
SUP!tEME COURT REPORTS 
( 1977 j 1 S.C.R. 
Hoa'.d m:ide. _new provisi.ons. 
The provisions contained in Ch;.;·pter Ill in-
cludmg provisions newly mtroduccd by Shp No. 70, arc very clearly desioncd 
to govern the seniority and promotions of non-gazetted servants within° the 
non-gazetted categories of posts. 
Chapter H Section A of the Manual 
in 
terms prescribes rules governing the promotion or subordinate staff to class 
J1 post. In view of the fact ~hat the Railway Board has framed SCWti spe-
cific rules in Chapter II for the promotion of class Ill staff to class Il post, 
the contention that the rules introduced by Slip No. 70 would also govern 
the same subject-mater cannot be accepted. 
In the instant case, since the 
appellant is working as a non-ga·zettcd employee in class 111, his promotion 
lo a gazetted post in class II would be governed by Chapter II, Section A and 
not by Chapter JlI of the Railway Eslablishmcnt Manual. [7R8 l'--H, 7b9 Al 
(3) The words "promotions made in the Oicscl 
Locomoti1·e 
Works" 
which occur in 

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