1. The appellants were selected and appointed as Typists by the order dated 6-8-1975. It is not disputed that the appointments were made without the appellants going through the process of selection by the Railway Service Commission. The appellants finally qualified through the Commissions selection process on 30-8-1980. The question before the Central Administrative Tribunal, Allahabad Bench was whether the appellants are entitled to the fixation of their seniority counting their service from 1975 or 1980. The Tribunal came to the conclusion that the appellants are entitled to the fixation of their seniority from 30-8-1980 when they were selected by the Railway Service Commission

2. We have heard learned counsel for the parties. As mentioned above, the appellants were appointed by the order dated 6-8-1975. Thereafter, by the circular dated October 1976 a provisional seniority list of the cadre of the Typists was circulated. In the seniority list the appellants were shown as the permanent employees of the Railways. Thereafter individual orders were addressed to the appellants in December 1977 informing them that their appointment as Typists in August 1975 was cancelled and they were to be treated as being on ad hoc basis. Thereafter, the appellants went through the selection by the Railway Service Commission and were selected on 30-8-1980

3. Rules 109, 113 and 306 of Chapter 1 Section 8 of Railway Establishment Manual are as under

"109. Method of making appointment. -(a) Direct recruitment to fill Class III posts on the Indian Railways will be made through Railway Service Commissions set up at Allahabad, Bombay, Calcutta and Madras or by Railway Administrations where specially authorised by the Railway Board

113. Power to relax or modify rules. -The General Manager or the Chief Administrative Officer, may, in special circumstances and for reasons to be recorded in writing, relax or modify these rules in specific individual cases, they can also issue orders for deviations from these rules in respect of certain categories or on certain occasions provided such relaxations are purely on a temporary basis. Railway Boards prior approval is, however, required for long-term or permanent alteration of these RulesThis power should be exercised by the General Manager or his Chief Personnel Officer or the Chief Administrative Officer personally; but it shall not be otherwise delegated

306. For determination of seniority. -Candidates selected for appointment at an earlier selection shall be senior to those selected later irrespective of the dates of posting except in the case covered by paragraph 305 above."

4. Mr Vikram Mahajan, learned counsel appearing for the Railways, has very fairly stated that the appellants were appointed in relaxation of the Rules in exercise of the powers under Rule 113. He has taken us through the counter filed before the Tribunal and also before this Court wherein it is clearly stated that the appellants were appointed in relaxation of the Rules. We are of the view that the appellants having been appointed in relaxation of the Rules their appointments have to be treated under the Rules. When the appellants were appointed under the Rules even the ad hoc period, which is continuous, has to be taken into consideration for the purpose of fixation of seniority in the cadre of Typists

5. We, therefore, allow the appeal; set aside the impugned order of the Tribunal and dismiss the application filed by the respondents before the Tribunal. The appeal is allowed. No costs

6. It is not disputed that Respondents 7 to 9 were appointed under similar circumstances as the appellants. The benefit of this judgment shall also be extended to Respondents 7 to 9.