No 11 of 1967
Petition under article 32 of the Constitution of India for the enforcement of fundamental rights
N C ChatterJee K B Rohtagi and section BalakriShnan for Petitioner
C K Daphtary Attorney General A section Nambiar R H Dhebar and section P Nayar for the respondents
K B Rohtagi for the interveners
723 Ramaswami J
In this case the petitioner C A Rajendran has obtained rule from this Court calling upon the respondents to show cause why a writ in the nature of mandamus under article 32 of the Constitution should not be issued for quashing the office Memorandum dated November 8 1963 which is Annexure C  to the Writ Petition and for directing respondent No 1 to restore the orders passed by it in Office Memorandum No 2 11 55 RPS dated May 7 1955 and No 5455 SCT 1 dated January 4 1957
Cause has been shown by the Attorney General on behalf of the respondents to whom notice of the rule was ordered to be given
The petitioner is a permanent Assistant in Grade IV Class 11 non gazetted ministerial of the Railway Board Secretariat Service
He was initially appointed as Accounts Clerk on February 6 1953 in Southern Railway
He was appointed as an Assistant on October 22 1956 in the Railway Board and confirmed as Assistant on April 1 1960
The pay scale of the Assistant s grade is Rs 210 530
The next post to which the petitioner claims promotion is that of the Section Officer in the same service
The post of Section Officer is classified as Class II Grade 11 Gazetted and it carries a pay scale of Rs 350 900
The Railway Board Secretariat Service Reorganisation and Reinforcement Scheme was drawn up in consultation with the Ministry of Home Affairs and introduced with effect from December 1 954 with the approval of the Union Public Service Commission
According to the new Scheme the Railway Board Secretariat Service consists of the following grades Grade IV Assistants in the scale of Rs 210 530 Class III non gazetted to which Petitioner belongs
Grade III Section Officers in the scale of Rs 350 900 Class II gazetted with effect from 1 7 1959
Section Offcers grade
Grade II Amalgamated with effect from 1 7 1959 as Section Officers grade
Grade I Assistant DirectorsUnder Secretaries in the scale of Rs 900 1250
Grade III was called before 1 7 59 Assistant Superintendent in the scale of Rs 275 500 and the scale of Grade II Superintendents was Rs 530 800
 LPN7SCI 7 724 Recruitment to permanent vacancies of Grade III of the Rail way Board Secretariat Service are made by the following three methods as per para 18 of the Railway Board Secretariat Service Scheme a 33 13 by direct recruitment on the results of the combined Examinations held by the UPSC for the IAS IPS  other Central Services Class I and Class 11
b 33 13 by promotion on the basis of seniority subject to the rejection of the unfit
c 33 13 by limited competitive examination on the basis of a test to be prescribed and conducted by the UPSC for AssistantsStenographers Grade 11 between 5 years and 10 years of service in the grade in the Board s office
Note For the years 1961 65 only 14 of the substantive vacancies were to be filled by direct recruitment on the results of the competitive examination under item a above
In 1955 the Government issued Office Memorandum dated May 7 1955 Annexure E  to the Writ Petition whereby it reaffirmed its decision that there will be no reservation for Scheduled Castes and Scheduled Tribes in posts filled by promotion but that certain concessions were to be given to Scheduled Castes and Scheduled Tribes in the matter of promotion
The concessions were as follows i While there would be no reservation for Scheduled Castes and Scheduled Tribes in regard to vacancies filled by promotion where the passing of tests or examinations had been laid down as a condition for promotion the authority prescribing the rules for the tests or examinations might issue suitable instructions to ensure that the standard of qualification in respect of members of Scheduled Castes and Scheduled Tribes was not unduly high
ii Where promotions were made on the basis of seniority subject to fitness cases of persons belonging to Scheduled Castes and Scheduled Tribes were to be judged in a sympathetic manner without applying too rigid a standard and cases of supersession of Scheduled Castes and Scheduled Tribes employees reviewed at a high level viz if a Scheduled CasteScheduled Tribes employee was superseded in the matter of promotion to Class I and II posts filled on the basis of seniority subject to fitness the prior orders of the Minister or 725 Deputy Minister concerned were to be taken
If however the supersession was in a Class III or IV post filled on the basis of seniority subject to fitness the matter was to be reported to the Minister or Deputy Minister concerned within a month of the decision
Ministries were given powers to modify this procedure to suit their requirements with the approval of the Minister in charge In 1957 the Government decided that there should be provision for reservations for Scheduled Castes and Scheduled Tribes in all grades of services filled by promotion through competitive examination limited to departmental candidates the quantum of reservation being 12 12 for Scheduled Castes and 5 for Scheduled Tribes
The order of the Government is contained in Office Memorandum dated January 4 1957 Annexure D  to the Writ Petition
In April 1959 the Ministry of Railways issued an order laying down that in the case of any promotion from Class IV to Class III and from Class III to Class 11 and for any promotion from one grade to another in Class 111 where such promotions were made by selection and not on the basis of  seniority cum fitness there should be reservation for the Scheduled Castes and Scheduled Tribes on the same scale as in the direct recruitment
This order was challenged by Rangachari by a Writ Petition under article 226 of the Constitution which was allowed by the Madras High Court and a writ in the nature of mandamus was granted restraining the Railway Authorities from giving effect to the order of the Railway Board directing reservation of selection posts in Class III of the Railway service in favour of the members of the Scheduled Castes and Scheduled Tribes
An appeal was brought to this Court by the General Manager Southern Railway The General Manager Southern Railway vs Rangachari1 against the judgment of the Madras High Court and it was held in the majority judgment of this Court that the impugned circulars of the Railway Board were within the ambit of article 164 of the Constitution and the appeal must succeed
Consequent upon the judgment in this case the matter was reviewed by the Union Government and it was advised that there was no constitutional compulsion to make reservations for Scheduled Castes and Scheduled Tribes in posts filled by promotion and the question whether the reservation should be continued or withdrawn Was entirely a matter of public policy
The Union Government came to the conclusion that there should not be any special treatment of Government servants belonging to Scheduled Castes and Scheduled Tribes in the matter of promotions particularly in promotion to Class I and Class II services which require higher degree of efficiency and 1  LPW78CI 7a 726 responsibility
As a result of this review of the matter the Central Government issued a memorandum dated November 8 1963 Annexure C  to the Writ Petition which reads as follows In posts filled by promotion through competitive examinations limited to departmental candidates reservations at 12 12 per cent and 5 12 per cent of vacancies were provided for Scheduled Castes and Scheduled Tribes respectively vide this Ministry s OM No 54 55 SCT1 dated 4th January 1957 and para 3iii of the Brochure issued with OM No 1261 SCT1 dated 27th April 1962
In regard to promotions on the basis of seniority subject to fitness and those by selection no reservations were provided but certain concessions were allowed to persons belonging to scheduled ca stes and scheduled tribes vide Ministry of Home Affairs Office Memorandum No 21155 RPS dated 7th May 1955 as amended from time to time No 1159 RPS dated 17th March 1958 and No 1460 RPS dated 5th March 1960 and paras 20 and 21 of the aforesaid brochure
The Government of India have reviewed their policy in regard to reservations and other concessions granted to scheduled castes and scheduled tribes in posts filled by promotion and have in supersession of all previous orders in this regard decided as follows 1 Class I and Class II appointments a There will be no reservation for Scheduled Castes and Scheduled Tribes in appointments made by promotion to a Class 11 or a higher service of post whether on the basis of seniority cum fitness selection or competitive examination limited to departmental candidates
b In the case of promotions made in or to Class I or Class II on the basis of seniority subject to fitness cases involving supersession of Scheduled Castes and Scheduled Tribe Officers will however continue to be submitted for prior approval of the Minister or Dy
Minister concerned
2 Class III and Class IV appointments a In the cases of Class III and Class IV appointments in grades or services to which there is no direct recruitment whatever there will be reservation at 121 and 5 per cent vacancies for Scheduled Castes and Scheduled tribes respectively in promotions made by i selection or ii on the results of competitive examinations limited to departmental candidates
727 b Lists of Scheduled Castes and Scheduled Tribes Officers should be drawn up separately to fill the reserved vacancies officers belonging to these classes will be adjudged separately and not along with other officers and if they should be included in the list irrespective of their merit as compared to that of the other officers 
Promotions against reserved vacancies will continue to be subject to the candidates satisfying the prescribed minimum standards
e There will be no reservation in appointments made by promotion on the basis of seniority subject to fitness but cases involving supersession of Scheduled Caste and Scheduled Tribe Officers if any will as at present be reported within a month to the Minister or Deputy Minister concerned for information
The above decisions take effect from the date of issue of these orders except where selections by the Departmental Promotion Committee under the old orders have already been made or rules for a competitive examination published
The contention of the petitioner is that this Office Memorandum Annexure C  to the Writ Petition violates the guarantee given to backward classes under article 164 of the Constitution and is illegal and ultra vires
It was alleged that the impugned Office Memorandum Annexure C  made a discrimination by making provision for reservations in certain types of Class III and IV Services only and not in Class II and I Services and the classification was discriminatory and there was no rational nexus sought to be achieved by the impugned Office Memorandum
The argument was also stressed that Art  164 was not an exception engrafted on article 16 but was in itself a fundamental right granted to Scheduled Castes and Scheduled Tribes and backward classes and as such it was untrammeled by any other provision of the Constitution
The petitioner accordingly prays for the grant of a writ in the nature of mandamus quashing the Office Memorandum Annexure C  and directing respondent No 1 to restore retrospectively the orders made in its Office Memoranda No 2 1155 RPS dated May 7 1955 and No 5455 SCT I dated January 4 1957 and to consider the claim of the petitioner as member of the Scheduled taste for promotion as Section Officer in the Railway Board Secretariat Service
Article 14 of the Constitution states The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India
 728 Article 15 provides 1
The State shall not discriminate against any citizen on grounds only of religion race caste sex place of birth or any of them
2 3 4 Nothing in this article or in clause 2 of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Sche duled Castes and the Scheduled Tribes
 Article 16 is to the following effect 1 There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State
2 No citizen shall on grounds only of religion race caste sex descent place of birth residence or any of them be ineligible for or discriminated against in respect of any employment or office under the State
3 4 Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the State is not adequately represented in the services under the State
5 Article 335 reads as follows The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration consistently with the maintenance of efficiency of administration in the making of appointments to services and posts in connection with the affairs of the Union or of a State
 The first question to be considered in this case is whether there is a constitutional duty or obligation imposed upon the Union Government to make reservations for Scheduled Castes and Scheduled Tribes either at the initial stage of recruitment and at the stage of promotion in the Railway Board Secretariat Service Scheme
The relevant law on the subject is well settled
Under article 16 of the Constitution there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State or to promotion from one office to a higher office thereunder
Articles 14 15 and 16 from part of the 729 same constitutional code of guarantees and supplement each other
In other words article 16 of the Constitution is only an incident of the application of the concept of equality enshrined
in article 14 thereof
It gives effect to the doctrine of equality in the matter of appointment and promotion
It follows therefore that there can be a reasonable classification of the employees for the purpose of appointment and promotion
To put it differently the equality of opportunity guaranteed by article 161 means equality as between members of the same class of employees and not equality between members of separate independent classes
Dealing with the extent of protection of article 161 of the Constitution this Court stated in General Manager Southern Railway vs Rangachari1 at pages 596 597 of the Report as follows It would be clear that matters relating to employment cannot be confined only to the initial matters prior to the act of employment
The narrow construction would confine the application of article 161 to the initial employment and nothing else but that clearly is only one of the matters relating to employment
The other matters relating to employment would inevitably be the provision as to the salary and periodical increments therein terms as to leave as to gratuity as to pension and as to the age of superannuation
These are all matters relating to employment and they are and must be
deemed to be included in the expression matters relating to employment  in Article 161
What Article 161 guarantees is equality of opportunity to all citizens in respect of all the matters relating to employment illustrated by us as well as to an appointment to any office as explained by us
The three provisions Article 161 article 14 and article 151 form part of the same constitu tional code of guarantees and supplement each other
If that be so there would be no difficulty in holding that the matters relating to employment must include all matters in relation to employment both prior and subsequent to the employment which are incidental to the employment and form part of the terms and conditions of such employment
 The Court further observed in that case Article 162 prohibits discrimination and thus assures the effective enforcement of the fundamental right of equality of opportunity guaranteed by Article 161
The words in respect of any employment used in Article 162 must therefore include all matters relating to employment as specified in Article 161
There fore we are satisfied that promotion to selection posts is included both under Article 161 and 2
1   730 It is manifest that the scope of cl
4 of article 16 is not co extensive with the guarantee of equality offered to all citizens by cl
1 of that Article
In other words cl
4 of article 16 does not cover the entire field covered by cls
1 and 2 of that Article
For instance some of the matters relating to employment in respect of which equality of opportunity has been guaranteed by cls
1 and 2 do not fall within the mischief of the exception cl
As regards the conditions of service relating to employment such as salary increment gratuity pension and age of superannuation there can be no exception even in regard to the backward classes of citizens
The only matter which cl
4 covers is a provision for the reservation of appointments in favour of a backward class of citizens
It is well settled that cl
4 of Art16 is an exception clause and is not an independent provision and it has to be strictly construed See the judgment of this Court in General Manager Southern Railway vs Rangachari2
It is also apparent that the language of article 164 has to be interpreted in the context and background of article 335 of the Constitution
In other words in making a provision for reservation of appointments or posts the Government has to take into consideration not only the claims of the members of the backward classes but also the maintenance of efficiency of administration which is a matter of paramount importance
In this connection GaJendragadkar J as he then was speaking for the majority in General Manager Southern Railway vs Rangachari1 observed at page 606 of the Report as follows It is true that in providing for the reservation of appointments or posts under article 164 the State has to take into consideration the claims of the members of the backward classes consistently with the maintenance of the efficiency of administration
It must not be forgotten that the efficiency of administration is of such paramount importance that it would be unwise and impermissible to make any reservation at the cost of efficiency of administration
That undoubtedly is the effect of article 335
Reservation of appointments or posts may theoretically and conceivably mean some impairment of efficiency but the risk involved in sacrificing efficiency of administration must always be borne in mind when any State sets about making a provision for reservation of appointments or posts
It is also true that the reservation which can be made under article 164 is intended merely to give adequate representation to backward communities
It cannot be used for creating monopolies or for unduly or illegitimately disturbing the legitimate interests of other employees
In exercising the powers under article 164 the problem of adequate representation of the back ward class of citizens must be fairly and 1 1962 2 SCR 586 731 objectively considered and an attempt must always be made to strike a reasonable balance between the claims of backward classes and the claims of other employees as well as the important consideration of the efficiency of administration
 The same view has been reiterated in a later case M R Balaji and Others vs State of Mysore1 in which Gajendragadkar J as he then was speaking for the unanimous Court stated as follows Whilst we are dealing with this question it would be relevant to add that the provisions of article 154 are similar to those of article 164 which fell to be considered in the case of The General Manager Southern Railway vs Rangachari 1962 2 SCR 586
In that case the majority decision of this Court held that the power of reservation which is conferred on the State under article 164 can be exercised by the State in a proper case not only by providing for reservation of appointments but also by providing for reservation of selection posts
This conclusion was reached on the basis that it served to give effect to the intention of the Constitution makers to make adequate safeguards for the advancement of Backward Classes and to securer their adequate repre sentation in the Services
The judgment shows that the only point which was raised for the decision of this Court in that case was whether the reservation made was outside article 164 and that posed the bare question about the construction of article 164
The propriety the reasonableness or the wisdom of the impugned order was not questioned because it was not the respondent s case that if the order was justified under article 164 it was a fraud on the Constitution
Even so it was pointed out in the judgment that the efficiency of administration is of such a paramount importance that it would be unwise
and impermissible to make any reservation at the cost of efficiency of administration that it was stated was undoubtedly the effect of article 335
Therefore what is true in regard to article 154 is equally true in regard to article 164
There can be no doubt that the Constitution makers assumed as they were entitled to that while making adequate reservation under article 164 care would be taken not to provide for unreasonable excessive or extravagant reservation for that would by eliminating general competition in a large filed and by creating wide spread dissatisfaction amongst the employees materially affect efficiency
Therefore 1 1963 Supp 1 SCR 439 732 like the special provision improperly made under article 154 reservation made under article 164 beyond the permissible and legitimate limits would be liable to be challenged as a fraud on the Constitution
 In the present case the respondents have alleged in the counteraffidavit that after the decision of Rangachari s1 case the Union Government reviewed the whole position and decided that there should not be any special treatment to Government servants belonging to the Scheduled Castes and Scheduled Tribes in the matter of promotion to Class I and Class II Services which require higher degree of efficiency and responsibility
It was stated in the counter affidavit that the Union Government was satisfied that reservation quotas of promotion were harmful from the point of view of efficiency of Railway Service and therefore the Government issued the memorandum dated November 8 1963 withdrawing the reservation quotas for Scheduled Castes and Scheduled Tribes officers made in the previous Government orders
On behalf of the petitioner Mr N C Chatterjee submitted the argument that the provision contained in article 164 of the Constitution was in itself a fundamental right of Scheduled Castes and Scheduled Tribes and it was not open to the Government to withdraw the benefits conferred on Scheduled Castes and Scheduled Tribes by the Government orders dated May 7 1955 and January 4 1957
The learned Counsel based his argument on the following observations of Subba Rao J as he then was in the minority judgment of this Court in T Devadasan vs The Union of India and Another1 The expression nothing in this article  is a legislative device to express its intention in a most emphatic way that the power conferred thereunder is not limited in any way by the main provision but falls outside it
It has not really carved out an exception but has preserved a power untrammelled by the other provisions of the Article
 But the majority judgment of this Court in that case took the view that article 164 was an exception and it could not be so construed as to render nugatory or illusory the guarantee conferred by article 161
It was pointed out that though under article 164 of the Constitution a reservation of a reasonable percentage of posts for members of the Scheduled Castes and Tribes was within the competence of the State the method evolved by the Government must be such as to strike a reasonable balance between the claims of the backward classes and claims of other employees in order to effectuate the guarantee contained in article 161
and for 1  2   at page 700
733 this purpose each year of recruitment would have to be considered by itself
Accordingly the Court struck down the Carry forward rule on the ground that it contravened articles 14 16 and 335 of the Constitution
In any case even the minority judgment of Subba Rao J does not support the contention of Mr N C Chatterjee that article 164 confers a right on the backward classes and not merely a power to be exercised at the discretion of the Government for making a provision for reservation of appointments for backward classes which in its opinion are not adequately represented in the Services of the State
Our conclusion therefore is that article 164 does not confer any right on the petitioner and there is no constitutional duty imposed on the Government to make a reservation for Scheduled Castes and Scheduled Tribes either at the initial stage of recruitment or at the stage of promotion
In other words article 164 is an enabling provision and confers a discretionary power on the State to make a reservation of appointments in favour of backward class of citizens which in its opinion is not adequately represented in the Services of the State
We are accordingly of the opinion that the petitioner is unable to make good his submission on this aspect of the case
We shall next deal with the contention of the petitioner that there is discrimination between the employees belonging to Scheduled Castes and Scheduled Tribes in the Railway Service and similar employees in the Central Secretariat Service
It was said that the competitive departmental examination for promotion to the grade of Section Officers was not held by the Railway Board for the years 1955 1963
On the contrary such examinations were held for the Central Secretariat Service and 74 employees belonging to Scheduled Castes and Scheduled Tribes secured the benefit of the provisions of reservation
In our opinion there is no substance in this contention
The petitioner being an employee of the Railway Board  is governed by the rules applicable to the officers in the Service to which he belongs
The employees of the Central Secretariat Service belong to a different class and it is not possible to accept the argument that there is any discrimination against the petitioner and violation of the guarantee under article 14 of the Constitution
It was also contended by Mr N C Chatterjee that the im pugned order Annexure C  arbitrarily discriminates among Class III employees themselves and Class IV employees them selves
Under the impugned order reservation is kept for appointments for which there is direct recruitment and for promotions made by 1 selection or 2 on the result of a competitive examination limited to departmental candidates
There is no reservation for appointments made by promotion on the basis of seniority cum fitness
In our opinion there is no justification for this argument as it is well established that there can be a reasonable 734 classification of employees for the purpose of appointment by promotion and the classification as between direct recruits and promotees is reasonable See the decisions of this Court in Mervyn Coutindo vs Collector of Customs1 Bombay and in section G Jaisinghani vs Union of India2
A grievance was also made by Mr N C Chatterjee that there is discrimination as between Classes I and II where there is no reservation and Classes III and TV where reservation has been made for Scheduled Castes and Scheduled Tribes
The respondent stated in the counter affidavit that in Classes I and II posts a higher degree of efficiency and responsibility was required and therefore reservation was considered harmful so far as Classes I and II were concerned
In view of the requirement of efficiency in the higher echelons of Service it is obvious that the classification made in the impugned order is reasonable and the argument of Mr Chatterjee on this point must also be rejected as untenable
For the reasons expressed we hold that the petitioner has made out no case for the grant of a writ under article 32 of the Constitution
The application accordingly fails but in the circumstances of the case we do not propose to make any order as to costs
RKPS Appeal dismissed


Summary:
By an office memorandum of the Central Government issued on the 4th January 1957 in respect of posts filled by promotion through competitive examinations limited to departmental candidates reservations at 12 12 and 5 12 of vacancies were provided for Scheduled Castes and Scheduled Tribes respectively
By an earlier office memorandum of the 7th May 1955 in regard to promotions on the basis of seniority subject to fitness and those by selection no reservations were provided but certain concessions were allowed to members of the backward classes
After the decision of the Supreme Court in the case of the General Manager Southern Railway vs Rangachari   the matter was reviewed by the Central Government and it was advised that there was no consti tutional compulsion to make reservations for Scheduled Castes and Scheduled Tribes in posts filled by promotion and the question whether the reservation should be continued or withdrawn was entirely a matter of public policy
Subsequent to the review by a further office memorandum issued on the 8th November 1963 the Government notified its decision inter alia that there would be no reservation for Scheduled Castes and Scheduled Tribes in appointments made by promotions to Class I and II services as these required a higher degree of efficiency and responsibility but that such reservations would continue in certain grades and services in Class III and Class IV
The petitioner was a class III employee of the Railway Board Secretariat Service and claimed promotion to the post of a Section Officer in Class II on the basis of the provision for reservations made in the Government s Memorandum of January 4 1957
By a writ petition under article 32 of the Constitution he challenged the latest office memorandum of November 8 1963 and prayed for a restoration with retrospective effect of the office memoranda issued on May 7 1955 and January 4 1957
It was contended on his behalf inter alia i that the impugned order violated the guarantee given to the backward classes under article 164 of the Constitution article 164 was not an exception engrafted on article 16 but was in itself a fundamental right granted to the Scheduled Castes and Scheduled Tribes
ii that the order was discriminatory because a it made a discrimination by making Provision for reservation in certain types of Class III and Class IV services only and not in Class II and I Services b reservation was kept within Class III and Class IV for appointments for which there was direct recruitment and for promotions made by 1 selection or 2 on the 722 result of a competitive examination limited to departmental candidates but no reservation was provided for in respect of appointments made by promotion on the basis of seniority cum fitness and c there was discrimination between the employees belonging to Scheduled Castes and Scheduled Tribes in the Railway Service and similar employees in the Central Secretariat Service on the ground that a competitive departmental examination for promotion to the grade of Section Officers was not held by the Railway Board for the years 1955 63 but such an examination was held for the Central Secretariat Service and 74 employees belonging to the Scheduled Castes and Scheduled Tribes secured the benefit of the provisions for reservation
Held i Article 164 does not confer any right on the petitioner and there is no constitutional duty imposed on the Government to make a reservation for Scheduled Castes and Scheduled Tribes either at the initial stage of recruitment or at the stage of promotion
Article 164 is an enabling provision and confers a discretionary power on the State to make a reservation of appointments in favour of a backward class of citizens which in its opinion is not adequately represented in the Services of the State 734 B D
General Manager Southern Railway vs Rangachari   referred
ii The impugned order was not discriminatory
a In view of the requirement of efficiency in the higher echelons of service it is obvious that the classification made in the impugned order between Classes I and II where no reservation was made and Classes III and IV where reservation was provided for was reasonable
735 B C
b It is well established that there can be a reasonable classification of employees for the purpose of appointment by promotion and the classification as between direct recruits and promotees is reasonable 734 H 735 A
Mervyn Coutindo vs Collector of Customs Bombay  and section G Jaisinghani vs Union of India  referred to
c The petitioner being an employee of the Railway Board was governed by the rules applicable to the officers in the Service to Which he belonged
The employees of the Central Secretariat Service belonged to a different class and it could not be said that there was any discrimination against the petitioner in violation of article 14
734 F G