# GANGA RAM & ORS v. UNION OF INDIA & ORS

- **Citation:** [1970] 3 S.C.R. 481
- **Court:** Supreme Court of India
- **Decided:** 1970-02-02
- **Bench:** M. Hidayatullah
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/ganga-ram-ors-v-union-of-india-ors-5048
- **Pages:** 9

## Headnote

J. C, SHAH,
K. S. HEGDE,
A. N. GROVER, A. N. RAY AND I. 0. DUA, JJ.)
Indian Railways Establishment Manuul-Para 20(b) of Chapter II
whether violates Arts. 14 and 16 of Constitution of India-Discrimination
whether exists between direct recruits and promotees in respect of posts of
Grade I Accounts Clerks.
.. '
The petitioners were oftkiating clerks Grade I in the office of the
Deputy Chief Accounts Officer (Traffic Accounts Branch)
Northern
Railway. They had been promoted to these posts after passing a qualifying examination which irl -the Indian Railways Establishment Manual was
referre!l to as the Appendix 2 Examination.
When respondents 4 to 6
and 11 who had passed the said examination later than the petitioners
were shown as senior to the petitioners in Grade I on the strength of
para 20(b) of Chapter II and other relevant provisions of the aforesaid
Manual, the petitioner filed a writ petition under Arts. 14 and 16 of the
Constitution.
Discrimination according to the petitioners arose because
while senioritv amon~ direct recruits to Grade I was fixed on the basis
of their. appointment, the seniority of promotees to Grade I like the petitionen was regulated by their seniority in Grade II without regard being
paid to the fact of their having passed the
Appendix 2 examination
earlier or their having officiated in Grade I.
HELD : (i) The equality of opportunity in the matter of services
undoubtedly takes within its fold all stages of services from initial appointment to its termination including promotion but it does not prohibit the
prescription of reasonable rules for selection and promotion, applicable
to all members of a classified group.
Mere production of inequality is
not enough to attract the constitutional inhibition because every classifi·
cation is likely in some degree to produce some inequality. The classification need not be scientifically perfect or logically complete. The matter
has to be considered in a practical way without
whittling
down the
equality clause. The c\assification must however be founded on intelli·
gible differentia which on rational grounds distinguishes persons grouped
together from those left out, and it must bear a just and reasonable relation to the object sought to be achieved. [483 F-H; 484 A]
(ii) The State which encounters diverse problems arising
from a
variety of circumstances is entitled to lay down condition.;; of efficiency
and other qualifications for securing the best se'rvice for being eligible
for promotion in its different departments. In the present case the object
which is sought to be achieved by the relevant provisions is the requisite
efficiency in the Accounts Department of the Railway establishment. The
departmental authority is the proper judge of its requirements. [488 C·D]
The direct recruits and the promotees like the petitioners clearly
constitute different classes and this classification is sustainable on intelligi'ble differentia which has. a reasonable .connection with. the. object
of
efficiency •ought to be achieved. Promotion to Grado I ts gmd,d by the
4S2
SCPREME COURT REPORTS
(1970] 3 S.C.R.
<onsideratiun 1f -enioritv-cum-merit. It is therefore difficult to find fault
A
with the pro'.·i ... ion v ... hich places in one group all those Grade II clerks
who have qu•lir.ed by pa,,ing the Appendix 2 examination.
The fact
that the pron1rtees from Grade 11 who have officiated for some time are
not given the credit of this period when a permanent vacancy arises also
does not attract the prohibition contained in Arts. 14 and 16. It qoes
not constitute any ho.stile discrimination and ·is neither arbitrary nor un·
·reasonable. It applies uniformly to all members of the class of Grade
B
JI clerks who have qualified and become eligible. The petitioners had not
discharged the onus which lay on them to prove discriminatiol!. [488 Fl
Meryyn Coutindo v. Collector of Customs, Bombay, [1966] 3 S.C.R.
600, referred to.
'"'
ORIGINAL 1uRISD!CTION : Writ Petition No. 124 of 1967.

## Text

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481
GANGA RAM & ORS.
v.
UNION OF INDIA & ORS.
February 2, 1970
(M. HIDAYATULLAH, C.J.,
J. C, SHAH,
K. S. HEGDE,
A. N. GROVER, A. N. RAY AND I. 0. DUA, JJ.)
Indian Railways Establishment Manuul-Para 20(b) of Chapter II
whether violates Arts. 14 and 16 of Constitution of India-Discrimination
whether exists between direct recruits and promotees in respect of posts of
Grade I Accounts Clerks.
.. '
The petitioners were oftkiating clerks Grade I in the office of the
Deputy Chief Accounts Officer (Traffic Accounts Branch)
Northern
Railway. They had been promoted to these posts after passing a qualifying examination which irl -the Indian Railways Establishment Manual was
referre!l to as the Appendix 2 Examination.
When respondents 4 to 6
and 11 who had passed the said examination later than the petitioners
were shown as senior to the petitioners in Grade I on the strength of
para 20(b) of Chapter II and other relevant provisions of the aforesaid
Manual, the petitioner filed a writ petition under Arts. 14 and 16 of the
Constitution.
Discrimination according to the petitioners arose because
while senioritv amon~ direct recruits to Grade I was fixed on the basis
of their. appointment, the seniority of promotees to Grade I like the petitionen was regulated by their seniority in Grade II without regard being
paid to the fact of their having passed the
Appendix 2 examination
earlier or their having officiated in Grade I.
HELD : (i) The equality of opportunity in the matter of services
undoubtedly takes within its fold all stages of services from initial appointment to its termination including promotion but it does not prohibit the
prescription of reasonable rules for selection and promotion, applicable
to all members of a classified group.
Mere production of inequality is
not enough to attract the constitutional inhibition because every classifi·
cation is likely in some degree to produce some inequality. The classification need not be scientifically perfect or logically complete. The matter
has to be considered in a practical way without
whittling
down the
equality clause. The c\assification must however be founded on intelli·
gible differentia which on rational grounds distinguishes persons grouped
together from those left out, and it must bear a just and reasonable relation to the object sought to be achieved. [483 F-H; 484 A]
(ii) The State which encounters diverse problems arising
from a
variety of circumstances is entitled to lay down condition.;; of efficiency
and other qualifications for securing the best se'rvice for being eligible
for promotion in its different departments. In the present case the object
which is sought to be achieved by the relevant provisions is the requisite
efficiency in the Accounts Department of the Railway establishment. The
departmental authority is the proper judge of its requirements. [488 C·D]
The direct recruits and the promotees like the petitioners clearly
constitute different classes and this classification is sustainable on intelligi'ble differentia which has. a reasonable .connection with. the. object
of
efficiency •ought to be achieved. Promotion to Grado I ts gmd,d by the
4S2
SCPREME COURT REPORTS
(1970] 3 S.C.R.
<onsideratiun 1f -enioritv-cum-merit. It is therefore difficult to find fault
A
with the pro'.·i ... ion v ... hich places in one group all those Grade II clerks
who have qu•lir.ed by pa,,ing the Appendix 2 examination.
The fact
that the pron1rtees from Grade 11 who have officiated for some time are
not given the credit of this period when a permanent vacancy arises also
does not attract the prohibition contained in Arts. 14 and 16. It qoes
not constitute any ho.stile discrimination and ·is neither arbitrary nor un·
·reasonable. It applies uniformly to all members of the class of Grade
B
JI clerks who have qualified and become eligible. The petitioners had not
discharged the onus which lay on them to prove discriminatiol!. [488 Fl
Meryyn Coutindo v. Collector of Customs, Bombay, [1966] 3 S.C.R.
600, referred to.
'"'
ORIGINAL 1uRISD!CTION : Writ Petition No. 124 of 1967.
Petition under Art. 32 of the Constitution of.India for enforceC
ment of the fundamental rights.
·
S. K. Mehta and K. L. Mehta, for the petitioners.
N. S. Bindra and S. P. Nayar, for respondents Nos. 1 to 3.
Harbans Singh for respondents Nos. 4 to 10.
The Judgment of the Court was delivered by
Dua, .l.
Out of the five petitioners in this petition under
Art. 32 of the Constitution Kashmiri Lal, petitioner no. 5 having
since retired, is no longer interested in the result of these proceedings.
The claim of only four petitioners thus survives for consideration.
They are officiating clerks/Grade l, in the o.flice of
Deputy Chief Accounts Officer (Traffic Accounts Branch) Northern Railway.
They were promoted from G~ade II after passing
the <jepartmental qualifying examination descnbed as Appendix 2
examination.
They claim that their seniority should be determined as from the date of their appointment as officiating clerks Grade
I and not on the basis of their position in the gradation list of
Clerks, Grade IL
Their grievance is that they were appointed
as officiating clerks Grade I, after passing the Appendix 2 examination long before respondents 4 to 6 and 11 but these four
respondents are shown as senior to the petitioners on the ground
of their seniority in Grade II.
The petitioners seek to supJ)Ort
their claim by relying on Arts. 14 and 16 of the Constitution.
The
seniority of the direct recruits to Grade I, the petitioners complain, is determined on the basis of their appointment, whereas
the seniority of the petitioners, who are promotees from Grade II
to officiate in Grade I, continues to be determined on the basis
of their seniority in Grade TI.
It is emphasised that both the
direct recruits and the promotees, like the petitioners, have to
pass the Appendix 2 examination.
But their seniority is determined by differnnt methods. It is further complained that Grade
TI clerks who pass the qualifying Appendix 2 examination are not
.
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GANGA RAM v. UNION (Dua, J.)
483
promoted immediately.
They have to wait till a vacancy occurs
and even at the time of filling the vacancy the seniormost qualified
clerk is selected for promotion without giving any preference to
those who have qualified earlier in point of time.
Again, when
a permanent post falls vacant all the eligible clerks in Grade II
are considered at par without giving any credit or preference to
those who have already officiated as Clerks, Grade I. A juni!lr
clerk, Grade II, qualifying earlier, according to the petitioners'
grievance, continues to remain junior for !he purpose of promotion and confirmation in the permanent post in Grade I and a
senior clerk, Grade II, . qualifying later retains his seniority for
this purpose.
Similarly, in filling leave vacancies it is complained that if a clerk is appointed to officiate in short term leave
vacancy, then on the return of the incumbent o.f the post, instead
of reverting the clerk so appointed to officiate, the junior-most
according to the gradation list in Grade II, officiating in Grade I,
is reverted even though he may have qualified earlier than the
former and may also have officiated for some time against a regular
post in Grade I. The petitioners' right of equality before the Jaw
and equality of opportunity in matters of public employment is
stated thus to have been violated.
The right of equality is guaranteed by Arts. l 4 to 16 of our
Constitution.
The petitioners rely on Arts. 14 and 16(1).
Article
14 is an injunction to both the legislative and the executive organs
of the State and other subordinate authorities not to deny to any
person ~qu.ality before the law or the equal protection of the laws.
Article' 16 is only an instance of the general rule of equality laid
in Art. 14.
Sub-Article (1) of Art. 16 guarantees to every citizen
equality of opportunity in matters of public employment thereby
serving to give effect to the equality before the law guaranteed by
Art. 14.
The equality of opportunity in the matter o( services
undoubtedly takes within its fold all stages of service from initial
appointment to its termination including promotion but it does not
prohibit the prescription.of reasonable rules for selection and promotion, applicable to all members of the classified group.
Mere
production of inequality is not enough to attract the constitutional
inhibition because every classification is likely in some degree to
produce some inequality.
The State is legitimately empowered to
frame rules of classification fo!· securing the requisite standard of
efficiei'lcy in services and the cl~ssification need not be scientifica•Jy
perfect or logically complete.
In applying the wide language of Arts. 14 and 16 to concrete
cases a doctrinaire approach should be avoided and the matter
considered in a practical way. of course, without whittling down
the equality clauses.
•l84
SUPREME COURT REPORTS
(1970]3 S.C.R.
The cla~sification, in order to be outside the vice of inequality,
must, however, be founded on an intelligible differeiltia which
on rational grounds distinguishes persons grouped together from
those left out.
The differences which warrant a classification must be real and
substantial and must bear a just .and reasonable relation to the
object sought to be achieved. If this test is satisfied then the
classification cannot be hit by the vice of inequality.
It is in the
background of this broad principle that the petitioners' grievance
is to be considered.
The relevant provisions in the Indian Railways Establishrhent
Manual directly applicable to the petitioners' case may now be
seen. They are contained in paras 48 and 49, Chapter I, Section
B and paras 16 and 20(b) of Chapter II.
As the petitioners also
rely upon paras l 7 to 19 and 21 of Chapter II in support of the
argument that para 20(b) is discriminatory it is desirable to reproduce all these paragraphs.
"48. The classes included in this group and the normal channel of their promotion are as under·:-
Clerks, Grade Jl (110-180)
I
Clerks Grade I (Rs. 130-300)
i----------1----· __ ,
i
Sub-Head·; (R<. 210-380)
Stock Verifi'ers (Rs. 210-380)
I_
Junior Account'ants
(Rs. 270--435)
I
I
Sr. Accountants
(Rs. 435--575)
i
Jr. Inspectors
Jr. Inspectors of
Store Accounts
(Rs. 270-435)
of Station Ac/s
(Rs. 270-435)
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Sr. inspectors o
Station Ac/s
(Rs. 435-575)
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Sr. Inspectors of
Stores Ac/s
Rs. 435-575)
Recntitnient ;-Initially in the grade of Clerks, Grade II Direct recruitment for
20 % vacancies in the grade of Clerks, Grade I.
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Qualifications :-
(a) Age
GANGA RAM v. llNION (Dua, !. )
(i) For clerks, Grade ll 18-21.
(ii) For clerks, Grade I 18-25
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(b) Education
For clerks, Grade II, Matriculation,
till replaced by Higher Secondary, For
clerks, Grade
I, University Degrer,
preference being given to persons \\·ith 1
and H Division honours and Master's
Degree.
Directly recruited Clerks, Grade I, will be on probation for one year and will be eligible for confimation
only after passing the prescribed departmental examination in Appendix 2. Necessary facilities will be given
to them to enable them to acquire a working knowledge
of the rules and procedure.
49. Such of the Clerks, Grade II, as qualify in the
departmental examination as prescribed in Appendix 2
or those who may have been permanently exempted from
passing the said examination will be eligible for promotion as Clerks, Grade I, and sub-heads.
They will be
eligible for a minimum starting pay of Rs. 150 per month
or will be granted four advance increments on promotion
to Grade I after their pay has been fixed under the ordinary rules.
Promotion to the grade of Sub-Heads will
be by seniority-cum-suitability.
CHAPTER II
"17. Subject to what is stated in paragraphs 18 and
19 below, where the passing of a departmental examination or trade test has been prescribed as a condition
precedent to the promotion to a particular non-selection
post, the relative seniority of the railway servants passing the examination/test in their due turn and on the
same date or different dates which are treated as one
continuous examination, as the case may be, shall be
determined with reference to their substantive or basic
seniority.
18. A railway servant who, for reasons beyond his
control is unable to appear in the examination/test in
his turn along with others, shall be given the examination/test immediately he is available and if he passes the
same, he shall be entitled for promotion to the post as
if he had passed the examination/test in his turn.
19. Seniority for promotion as Junior Accountants,
Junior Inspectors of Station or Stores Accounts :-
Seniority for promotion to the. rank of junior accountant or junior inspector of Station or Stores Accounts should count entirely according to the date of
486
SUP~l:ME COURT REPORTS
[1970] 3 S.C.R.
passi111g the examination qualifying for promotion to those
ranks.
Candidates who pass the examination in a year
are ipso facto seniLlr to chose who qualify in subsequent
years irrespective of their relative seniority before passing the examrnation.
In the ca>c of staff of Ex-Company Railways, who are exempted from passing the examination, the date on which they are declared lit for promotion to the rank of Accountant or Inspector should be
considered as the date of their passing. On receipt of the
result of the above examination each railway administration should immediately hold a selection test of the
candidates declared successful along with any eligible exCompany or ex-State Railway Staff, who may be asked
to appear before the selection board in accordance with
the procedure laid down by the Railway Board from
time to time.
While the selection board will determine
in the case of the ex-Company or ex-State Railway staff,
their suitability for promotion as accountant/Insp~ctor
before placing them on the panel, no candidate who has
qualified in the said examination will be declared ineligible for promotion as a junior Accountant/Inspector,
the selection board only assigning a suitable place to
each such candidate in order of merit.
The staff placed
on the panel in any year wiJI rank senior to those empanelled in subseq11ent years.
20. Date of passing the Departmental Examinmion/
Test to regu/.ate seniority :-
(a) Except as provided for in sub-paragraph (b)
below, seniority of two or more railway servants, who
pass the departmental examination/test on different
dates, not treated as one continuous examination, will be
regulated entirely qy the date of passing the examination or test.
(b) The seniority of Accounts Clerks, Grade I and
Stock Verifiers is to be determined with reference to·
their substantivt! or basic seniority in Grade II irrespective of the dates they qualify for promotion as Clerks
Grade I by passing the examination prescribed for the
purpose.
21 . Seniority on promotion to non-selection posts :-
Promotion to non-selection posts shall be on the basis
~·~ se_niority-cwn-suitability being judged by the authority corhpetcnt to fill the post, by oral and/or written
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GANGA RAM v. UNION (Dua, J.)
test or a departn1ental examination as considered ne:
cessary and the record Of service.
The only exception
to this would be iu cases where for administrative convenience, which should· be recorded in wr:ting, the
competent author.ty considers ii u;:e>sary to app<'iut a
railway servant otli~r than the seniormoc.t suitable railway servant to o•~c;qte in a short term v~cancy not exc~eding two
1non~: ... as a rule ,and 4 inonths in μny
case.
This \Viii. hO\\.·ever, not give the rail\i.·ay servant
a~y·advantage not otherwise due to him."
487
Appendix 2, in addition 'lo the syllabus for the examination provides:
. "3. The examination will.be-qonducted by the Head
of-each office, who will also decide the intervals at which
it should be held.
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4. (l!) .Normally no railway ser\"dnt will be permitted
to take the examination more than ihree, but the Financial Adviser and Chief Accoupts Officer may in deserving cases -premit a candidate to take the examination
for a fourth time, and, in very exceptional cases, the
General Manager may permit a candidate to take the
examination ~or the fifth .and the last time.
~,, (b) No railway servant, who'lfas less'than six months"
service in a Railway Accounts' Office or who has not a
reasonable chance of passirg the examination will be
allowed to ,'jppear in ·the cxarpination prescribed in this
Appendix.
In exc~ptional circumstances, the ·condition regarding six months' minimum service may be waived by the
General Manager.
(c) Temporary railway servants may be permitted to
sit for the examination but it should be clearly understood that the passing of this examination will not give
them ~ claim for absorption in t~e permanent cadre.
(d) A candidate who fails in the examination but
shows marked excellence by obiaining not less than 50%
in any subject may be exempted from further e.xamination in that subject in subsecj1/ent examination."
It is quite clear that para 49 does l)Ot confer any right to immediate promotion on those Grade II'.c!erks who pass the qualifying
Appendix 2 examination.
The Only benefit which accrues to
488
SUPREME COURT REPORTS
[1970] 3 S.C.R.
them is that one hurdle is removed from their way and they become eligible for being considered for promotion to Grade I.
This promotion is governed by the test of seni'}rity-cum-suitability.
AIJ those who qualify for promotion are treated at par fov this
purpose and they are grouped together as constituting one class.
The fact that one person has qualified earlier in point of time
does not by itself clothe him with a preferential claim to promotion as againsi those who qualify later.
This examination is cQilsidered to be a continuous examination and as is clear from para
17 success at this examination does not constitute the basis of
seniority which continues to be dependent on the substantive or
basic seniority in Grade II.
The question which directly arises
for determination is : does the procedure laid down in these instructions violate: the petitioners' right as guaranteed by Arts. 14
and 16 ? The State which encounters diverse problems arising
from a variety of circumstances is entitled to lay down conditions
of efficiency and other qualifications for securing the best service
for being eligible for promotion in its different departments.
In
the present case the object which is sought to be achieved by the
provisions reproduced earlier is the requisite efficiency in the Accounts Department of the Railway establishment.
The departmental authority is the proper judge of its requirements.
The direct recruits and the promotees like the petitioners, in
our opinion, clearly constitute different classes and this classification is sustainabie on intelligiQ!e differentia which has a reasonable
connection with the object of efficiency sought to be achieved.
Promotion to Grade I is guided by the consideration of senioritycum-merit.
It is, therefore, difficult to find fault with the provision which places in one group all those Grade II clerks who
have qualified by passing the Appendix 2 examil)ation. The fact that
the promotees from Grade II who have officiated for some time
are not given the credit of this period when a permanent vacancy
arises also does not attract the prohibition contained in Arts. 14
and 16. It does not constitute any hostile discrimination and is
neither arbitrary nor unreasonable.
It applies uniformly to all
members of Grade II clerks who have qu;tlified and become eligible. The onus in this case is on the petitioners to establish discrimination by showing that the classification does not rest upon
any just and reasonable basis.
The difference emphasised on
behalf of the petitioners is too tenuous to form the basis of a
serious argument.
Their challenge, therefore, fails.
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The decision in Mervyn Coutindo
v. Collector of Customs,
Bombay(') on which reliance has been placed on behalf of the
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petitioners dealt with a different problem though the principle
(1) [1963] 3 S.C.R. 600.
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GANGA RAM v. UNION (Dua, J.)
489
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of law laid down there seems to go against the petitioners' submission.
It was expressly observed that there is no inherent vice
in the principle of fixing seniority by rotation in a case when a
service is composed in fixed proportion of direct recruits and promotees.
The distinction between direct recruits and promotees as
two sources of recruitment being a recoginised difference, nor obnoB
xious to the equality clauses, the provisions which concern us
cannot be struck down on the ratio of this decision.
The petition accordingly fails and is dismissed but without
costs.
G.C.
Petition dismissed