SACHAR, J. - (1.)The dispute in the present batch of petitions being C.W. 5911982, 18411982 & 18311982 which will all be disposed of by common judgment relate to the, impact on seniority and consequently on further promotion of the higher posts in the Railways. This is the result of the order of 4-1-1982 issued by the President of India by which certain modification has been made in the earlier order of 15-2-1960 issued by the President.
(2.)The broad question which has been convassed and has to bs decided by us is whether it was permissible for the Presi- dent to review and modify the decision taken 2 decades back and even if permissible whether there was any fustsSication in law for reviewing the same and reopening the matters whidi had beer: settled long time back more especially by the imple- inentation and CQjitinuous application of the earlier principles laid down in 15-2-1960 circular.
(3.)Before dealing with the matter in detail it will be apt to reproduce the relevant portions of the two circulars : No. E(GR)57ARI-1, New Delhi-2, 15-2-1960. Sub : Pay of Special Class Apprentices on their posting as Assistant Mechanical Engineers in the Working cadre. The President is pleased to decide that the initial pay of the Special Class Apprentices of the following groups (who com- pleted or will complete the period of their apprenticeship after introduction of the Prescribed scales of pay) should be refixed as indicated below, on the date of their appointment to a working \post after satisfactory completion of their 6 years' appren- ticeship and their date for increment in the time scale also, re- gulated accordingly. Special Class Apprentices Initial pay in junior appointed, scale to be fixed at ________________ _______________ After 1-1-42 and upto Rs. 350 second stage 31-12-42 instead of Rs. 350 first stage. from 1-1-43 to 31-12-59 Rs. 380 first stage instead of Rs. 350 first stage. The pay and allowances due on the basis of refixation in accordance with the above will, however, be drawn only with effect from 1-1-1960 and arrears for and upto 31-12-1959 will not be paid. In case of Special Class Apprentices who did not pass theprescribed A.M.I.M.E. Examination o.n the date of their being put into a working post after completion of 6 years' apprenticeship, no increment in the time scale would be allowed until the date they pass the examination from the date of passing the examination however, their pay would be fixed at the stage in time-scale which they would otherwise have attained, but no arrears of pay would be given to them. The existing inter se position of seniority of these officers will be preserved amongst themselves. No. E(0)m-90A3l302, New Delhi, dated 4-1-1982. Sub : Pay of Special Class Apprentices on their posting as Assistant Mechanical Engineers in the working cadre. The President had decided vide Order No. E(GR)57ARI-1 of 15-2-1960 relating to Special Class Apprentices that : (i) the initial pay of the Special Class Apprentices of the groups mentioned therein, who completed their apprenticeship after the date of introduction of the prescribed scales of Pay should be refixed at the stage as indicated in the said order with effect from the dates mentioned therein; ( ii) their date for increment in the Time Scale also regulated accordingly; (iii) the pay and allowances due on the basis of re-fixation should, however, be drawn only with effect from 1-1-1960 and arrears for and upto 31-12-1959 will not be paid ; and (iv) the existing inter se positions of seniority of these officers will be preserved among themselves. Representations having been received from directly recruited Class I Officers with regard to the said decision, the President has reconsidered the matter. It has now been decided by the President that the said order dated 15-2-1960 shall apply only lo the refixation of initial pay of the groups of the Special Class Apprentices referred therein and such refixation of pay shall not change the inter se seniority with officers of other Class I services (including directly recruited Mechanical (Engineers). Dates for increment in Time Scale should be regulated according