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3. Both the Original Applications were taken up together and were disposed of, vide impugned common order dated 30.04.2019 passed by the first respondent / Tribunal. The first respondent / Tribunal had take note of the judgment of the Hon'ble Supreme Court of India dated 12.05.2017 made in Civil Appeal No.2565 of 2009 [Union of India & another v. H.K.Tiwari (Dead) through LRs. & another] and disposed of both the Original Applications and thereby quashed the order of the second respondent dated 21.11.2016 and consequently issued a direction, directing the official respondents to complete the selection process in accordance with the law laid down by the Hon'ble Supreme Court in Civil Appeal No.2565 of 2009.

iv. The impugned circular of the second respondent dated 25.08.2017 can be applied prospectively and however, it has been given retrospective effect and therefore, it is against the well settled administrative jurisprudence.

v. The Hon'ble Supreme Court of India in Bharat Sanchar Nigam Limited v. R.Santhakumari Velusamy and Others [(2011) 9 SCC 510] which dealt with the issue relating to upgradation / promotion and admittedly, upgradation of Law Assistants [Group 'C'] to Law Officers [Group 'B'] is a promotion, as the upgradation results in advancement to higher posts with higher pay scale and rule of reservation is also applied and as such, it cannot be filled up by seniority basis even as a special case / one time measure. The learned counsel appearing for the petitioners, in the light of the above submissions, prayed for setting aside the impugned common order passed by the first respondent / Tribunal as well as the impugned proceedings of http://www.judis.nic.in  W.P.Nos.14329 and 14333 of 2019 the official respondents by allowing the writ petitions with a consequential direction to complete the selection process by conducting Viva Voce / oral interview. The learned counsel appearing for the petitioners, in support of his submissions, has placed reliance upon the following decisions:

7. Mr.V.Radhakrishnan, learned Senior Counsel assisted by Mrs.A.Srijayanthy, learned Standing Counsel appearing for the Railways made the following submissions:

i. One Mr.Hrishikesh Tiwari, who was working as Chief Law Assistant in North Central Railways, Allahabad, filed O.A.No.906 of 2006 on http://www.judis.nic.in  W.P.Nos.14329 and 14333 of 2019 the file of the Central Administrative Tribunal, Allahabad Bench at Allahabad against the General Manager, North Central Railway, Allahabad and Senior Divisional Personnel Officer, North Central Railway, Allahabad, praying for suitable direction for quashing the impugned order / letter dated 14.08.2006 in and by which selection process was to be done through written examination to fill up 3 vacancies of Assistant Law Officer in the Pay Scale of Rs.7500- 12000/- and for issuance of suitable direction for filling up the same by way of upgradation from the post of Chief Law Assistant. ii. The Tribunal, vide order dated 02.02.2007, had taken note of the circular dated 09.03.2006 of the second respondent/Railway Board, wherein upgradation was ordered and held that the existing Chief Law Assistant posts have been surrendered and in place, they are being upgraded to Group 'B' level post of Law Officers and there is a change in the grade being from Rs.7450 – 11500 to Rs.7500 – 120000. The CAT, Allahabad Bench, having taken note of the said letter of the second respondent, had issued suitable directions for upgradation by modifying the selection procedure. http://www.judis.nic.in  W.P.Nos.14329 and 14333 of 2019 iii. The official respondents in O.A.No.906 of 2006 made a challenge to the said order of the CAT, Allahabad Bench, by filing Civil Misc. Writ Petition No.48471 of 2007 before the High Court of Allahabad and vide order dated 03.10.2007, it was dismissed. The official respondents/writ petitioners, further made a challenge to the above cited order of the High Court of Allahabad by filing a Special Leave Petition and it was converted as Civil Appeal No.2565 of 2009. The Hon'ble Supreme Court, vide judgment dated 12.05.2017 had dismissed the Civil Appeal and thereby confirmed the order of the High Court of Allahabad and in order to comply with the said order only, the second respondent / Railway Board has issued the impugned circular dated 25.08.2017 and even in the said impugned circular, it has been clearly indicated that it is only an one time measure. iv. Admittedly, selection process in terms of the Notification dated 18.10.2016 was not complete for the reason that only Written Examination was held and Viva Voce was not held and even for the sake of arguments the selection process was completed, still it is not open to the writ petitioners to have their claim as a matter of right and hence prays for dismissal of these writ petitions.

25. Admittedly, in the case on hand, the selection process was not completed and while it was in midway, after declaration of results of the Written Examination, the second respondent/Railway Board, in the light of the above cited order of the Hon'ble Supreme Court dated 12.05.2017 in C.A.No.2565 of 2009, thought fit to fill up the connected posts through seniority / suitability and also made it clear that it is an one time exercise.