JUDGMENT 1. - These four writ petitions arise in similar circumstances and raise common questions of fact and law and are, therefore, disposed of by a common order. 2. The petitioners in all these writ petitions were employed as Ticket Collectors in the Northern Railway. It appears that prior to the year 1960 all the petitioners were working as Ticket Collectors in the grade of Rs. 110 - 180 (AS). The channel of promotion of ticket checking staff allowed the Ticket Collector in the grade 110-190 (AS) to be promoted as Ticket Collectors in grade 130-212 (AS) or as Travelling Ticket Examiners in the same grade. They were also entitled to get further promotion as Ticket Collectors in the grade 150-240 (AS). The Divisional Personnel Officer, Northern Railway, Jodhpur by his office order dated February 6, 1960 (Annexure R/1) invited options from the petitioners and the like upto February 15, 1960 as to whether they would seek their promotion in the channel of Ticket Collectors or in the other channel of Travelling Ticket Examiners. It appears that in the Jodhpur Division of the Northern Railway there was no post of Ticket Collector in the grade of 130-212(AS) in the year 1960 and as such the petitioners had an opportunity of getting promotion from the posts of Ticket Collectors in the grade of 110-180 (AS) directly to the posts of Senior Ticket Collectors in the grade of 150-240 (AS), if they opted to seek their promotion in the channel of Ticket Collectors and that is why the petitioners exercised their option in the year 1960 in favour of seeking their promotion in the Ticket Collectors' channel. It is also common ground between the parties that the petitioners were promoted as officiating Senior Ticket Collectors in the grade of 150-240 (AS) on different dates in the years 1961 and 1962, but all the four petitioners were confirmed as Senior Ticket Collectors in the aforesaid grade by a common order passed by the Divisional Personnel Officer, Northern Railway, Jodhpur on November 9, 1964. The petitioners continued to work as Senior Ticket Collectors in the grade of 150-240 (AS) until the recommendations of the Third Pay Commission came into force. The petitioners continued to work as Senior Ticket Collectors in the grade of 150-240 (AS) until the recommendations of the Third Pay Commission came into force. As a result of the recommendations of the3 Third Pay Commission and the acceptance thereof by the Union Government, the two grades of Ticket Checking Staff, Ticket Collectors and Travelling Ticket Examiners, namely 130-212 (AS) and 150-240 (AS) were merged into a single revised grade of 330-560 (AS). The recommendations of the Third Pay Commission were implemented with effect from January 1, 1973 and as a consequence thereof, the petitioners who were then holding the posts of Senior Ticket Collectors in the grade 150-240 (AS) continued to hold the said posts in the newly revised grade of 330-560 (AS). At the same time, Travelling Ticket Examiners who were either working in the grade of 150-240 (AS) or even in the lower grade of 130-212 (AS) at that time were also given the uniform revised grade of 330-560 (AS) with effect from January 1, 1973. In November, 1973 the petitioners submitted a representation to the Divisional Personnel Officer, Northern Railway, Jodhpur stating that on account of the amalgamation of the grades of Travelling Ticket Examiners, Senior Ticket Collectors and Senior Travelling Ticket Examiners in a unified revised grade of 330-560 (AS), they may be posted as Senior Travelling Ticket Examiners in accordance with their seniority in the combined merged grade of 330-560 (AS). The Divisional Personnel Officer accepted the request of the petitioners and by his order dated February 13,1974 (Annexure 4) transferred and posted the petitioners from the posts of Senior Ticket Collectors to that of Senior Travelling Ticket Examiners on the same pay and in the same grade, while some other persons, who are alleged to be junior to the petitioners in the unified revised grade of Travelling Ticket Examiners, Senior Ticket Collectors and Senior Travelling Ticket Examiners, were posted as Senior Ticket Collectors in place of the petitioners. By a subsequent order dated June 5, 1974 the Divisional Personnel Officer clarified that the transfers and postings made by his earlier order dated February 13,1974 may be treated to have been made on adhoc basis only. By a subsequent order dated June 5, 1974 the Divisional Personnel Officer clarified that the transfers and postings made by his earlier order dated February 13,1974 may be treated to have been made on adhoc basis only. It appears that the Travelling Ticket Examiners made some representations to the higher authorities and the Headquarters office of the Northern Railway at Delhi examined the matter and took the view that the staff appointed as Ticket Collectors prior to July 12, 1962 should continue in the channel of Ticket Collectors only, on the basis of the options already exercised by them, even though a single merged grade was constituted as a result of the revision of the scales of pay. On the basis of these directions of the Head quarters office, the Divisional Personal Officer, Jodhpur revised his earlier order, by his subsequent order dated April 2, 1975 (Ex.6) and once again re-posted the petitioners on their original posts of Senior Ticket Collectors, on the ground that they had already exercised their options for promotion in the channel of Ticket Collectors and that the question of offering them a fresh opportunity of exercising a further option regarding the channel of promotion shall arise only at the time when they would become due for further promotion in the higher grade. 3. It in against the aforesaid order of the Divisional Personnel Officer dated April 2, 1975 (Ex.8) re-posting them as Senior Ticket Collectors that all the four petitioners have filed separate writ petitions before this court. 4. The submission of the learned counsel for the petitioners in these writ petitions is that in the channel of promotion of ticket checking staff, the posts of Senior Travelling Ticket Examiners were higher posts to that of Senior Ticket Collectors, although they were all included in the same grade, namely 150-240 (AS), which has since been revised to 330-560 (AS) and that in this view of the matter the petitioners are entitled to be posted on the higher posts of Senior Travelling Ticket Examiners, in accordance with their position in the combined seniority list of Senior Ticket Collectors (Grade 150-240 (AS), Travelling Ticket Examiners (Grade 130-212 (AS) and Senior Travelling Ticket Examiners (Grade 3 150-240 (AS), the grades of all of which posts have now been merged into a single revised grade of 330-560 (RS). Learned counsel further argued that the revision of grades in this context amounted to promotion to a higher grade and, therefore, the petitioners were entitled to exercise an option once again at this stage as to whether they desired to continue in the channel of Senior Ticket Collectors or they wanted to be posted as Senior Travelling Ticket Examiners. It was also argued by the learned counsel that the order Ex.8 is discriminatory in as much as persons junior to the petitioners were posted as Senior Travelling Ticket Examiners in place of the petitioners, who were re-posted as Senior Ticket Collectors by the aforesaid order. 5. The case of the Railway Administration on the other hand, is that all persons employed on the posts of Ticket Collectors and the Travelling Ticket Examiners in the grades of Rs. 130-212 (AS) and Rs. 150-240 (AS) had a combined seniority and promotions were made to higher posts in the two channels on the basis of the combined seniority as well as the option exercised by the concerned staff, in accordance with the circular issued by the General Manager (Personnel) of the Northern Railway dated July 12, 1962 as modified and explained by the later circular dated July 6, 1966. According to the respondents, the aforesaid two circulars provided that the ticket checking staff, who had exercised an option once prior to July 12, 1962 in favour of seeking their promotion in the channel of Ticket Collectors could be allowed another opportunity of exercising their option once again as to whether they desired to continue in the channel of Ticket Collectors or to get transferred to the channel of Travelling Ticket Examiners, only at the time when they were due for promotion to the higher grade and as such a situation has not arisen as yet in the case of the petitioners, they were rightly re-posted by the order Ex.8 on their former posts of Ticket Collectors. According to the respondents, the revision of grades resulting from the acceptance by the Union Government of the recommendations of the Third Pay Commission and the merger of the two grades of Ticket Collectors and the Travelling Ticket Examiners, namely Rs. 130-212 (AS) and Rs. 150-240 (As) into one single revised grade of Rs. 330-560 (Rs) could not be considered as a promotion to a higher grade. It has also been submitted by Mr. 130-212 (AS) and Rs. 150-240 (As) into one single revised grade of Rs. 330-560 (Rs) could not be considered as a promotion to a higher grade. It has also been submitted by Mr. Bhansali, appearing for the Railway Administration, that as the posts of Senior Ticket Collectors and Senior Travelling Ticket Examiners are included in the same grade and have a combined seniority, the petitioners can have no grievance on account of their transfer and re-posting as Senior Ticket Collectors and no discrimination was involved in their re-posting. 6. In order to appreciate the rival contentions it would be proper to refer to the channel of promotion of the ticket checking staff as given in the circular of the General Manager (Personnel) of the Northern Railway dated July 6, 1966 (Ext. 2):- Ticket Collector Gr. Rs. 110-180 (AS), Ticket Collector Gr. Rs. 120-212 (AS), Travelling Ticket Examiner Gr. Rs. 130-212 (AS), Ticket Collector Gr. Rs. 150-240 (AS) Travelling Ticket Examiner Gr. 150-240 (AS), Conductor Gr. Rs. 220-280 (AS) By Option Head Ticket Collector Gr. Rs. 250-380 (AS) (S), Conductor Gr. Rs. 250-380 (AS) (S), Senior Ticket Examiner Gr. Rs. 250-380 (AS) (S). 7. Note (ii) appended to the aforesaid circular is relevant for our present purpose and as such the same is reproduced herewith in extenso:- "Note (ii): Promotions as TC/TTE in grades Rs. 130-212 (AS) and 150-240 (AS) are to be made on the basis of combined seniority and an option for either of the posts of TC and TTE is to be given at the stage of promotion to grade Rs. 2560-380 (AS) from 12.7.62. Those who have already exercised their option prior to 12.7.62 for either of the posts of TC and TTE before the stage of promotion to grade Rs. 250-380 (AS) are to be allowed another opportunity of opting once again at the time when they are due for promotion to higher grade subject to the proviso that in the event of giving a second option, they will not be given another opportunity for option at the time of promotion as TC/TTE grade Rs. 250-380 (AS) are to be allowed another opportunity of opting once again at the time when they are due for promotion to higher grade subject to the proviso that in the event of giving a second option, they will not be given another opportunity for option at the time of promotion as TC/TTE grade Rs. 250-380 (AS) in terms of instructions contained in this office letter No. 561E/92 (Duplicate)/Upgrading (Eic) dated 12.7.62." A perusal of the channel of promotion given in the aforesaid circular dated July 6, 1966 read with note (ii) thereof makes it amply clear that the posts of Ticket Collectors and Travelling Ticket Examiners are borne on the same cadre and have a combined seniority and identical grades of pay, namely Rs. 130-212 (AS),Rs. 150-240 (AS) and Rs. 250-380 (AS). In case of persons who were working on the posts of Ticket Collector or Travelling Ticket Examiners, they were entitled to exercise an option regarding the channel of promotion, either to the post of Senior Ticket Examiner or Head Ticket Collector or Conductor at the stage of promotion to the grade Rs. 250-380 (AS) and till then they would continue to be posted as Ticket Collectors or as Travelling Ticket Examiners on the basis of combined seniority. But in respect of persons, who were appointed to the posts of Ticket Collectors or Travelling Ticket Examiners prior to July 12, 1962 and who had already exercised an option once, prior to the aforesaid date, as to whether they would seek their further promotion in the channel of Ticket Collectors or Travelling Ticket Examiners, they would be allowed one more opportunity of exercising their option once again in respect of either channel of promotion, at the time when they were due for promotion in the higher grade. It was further provided in the aforesaid circular that in that event such persons would not be entitled to get another opportunity of exercising a further option at the time of their promotion to the grade of Rs. 250-380 (AS). The petitioners undoubtedly come within the latter group of ticket checking staff, namely those who were appointed to such posts prior to July 12, 1962 and who had once exercised their option to seek their promotion in the channel of Ticket Collector, prior to July 12, 1962. 250-380 (AS). The petitioners undoubtedly come within the latter group of ticket checking staff, namely those who were appointed to such posts prior to July 12, 1962 and who had once exercised their option to seek their promotion in the channel of Ticket Collector, prior to July 12, 1962. If the revision of grades on account of the acceptance by the Union Government of the recommendations of the Third Pay Commission would not have intervened, then the petitioners would have contented to work on the posts of Senior Ticket Collectors in the grade of Rs. 150-240 (AS) and would have been entitled to get a further opportunity of exercising an option once again at the time of their promotion to the next higher grade of Rs. 250-380 (AS). Now the only question that remains to be examined is as to what difference has been caused in the position of the petitioners on account of the acceptance of the Third Pay Commission's recommendations. The result of the acceptance of the aforesaid recommendations by the Union Government, so far as the same affected the channel of promotion of Ticket Checking Staff of the petitioners' grade, was that the two existing grades of Ticket Collectors and Travelling Ticket Examiners, namely Rs. 130-212 (AS) and Rs. 150-240 (AS) were merged into a single revised grade of Rs. 330-560 (RS). It does not appear reasonable to hold that the revision of the grades of the Ticket checking staff, resulting from the acceptance of the recommendations of the Third Pay Commission by the Union Government could amount to promotion to a higher grade. Even the merger of the two prevailing grades in respect of the category of the staff employed as Ticket Collectors and Travelling Ticket Examiners into one single revised grade could not be considered as promotion to a higher grade or to a higher post. the contention of the learned counsel for the petitioners in this respect cannot, therefore, be accepted. 8. The circulars issued by the General Manager on July 12, 1962 and July 6, 1966, which have been referred to above, do not lead to the conclusion that the post of Travelling Ticket Examiner in the grade of Rs. 130-212 (AS) was a senior post to that of Ticket Collector in the same grade & similarly the post of Travelling Ticket Examiner in the grade of Rs. 130-212 (AS) was a senior post to that of Ticket Collector in the same grade & similarly the post of Travelling Ticket Examiner in the grade of Rs. 150-240 (AS) could not be treated as a higher post to that of Ticket Collector in the same grade. It was made amply clear that the promotions to the posts in the two categories or channels were to be made on the basis of combined seniority and options exercised by the individual employees in accordance with the aforesaid circulars issued by the General Manager (Personnel). The relevant provisions allow the petitioners an opportunity of exercising an option once again only at the next higher grade i.e. Rs. 250-380 (AS). The two categories of posts of Senior Ticket Collectors and Senior Travelling Ticket Examiners, being in the same grade of Rs. 150-240 (AS), to which persons could be appointed on the basis of their options, were equivalent posts having a common seniority & I am, therefore, unable to accept the contention of the learned counsel that the posts of Senior Travelling Ticket Examiners were higher posts than those of Senior Ticket Collectors. In these circumstances, there could be no question of discrimination in the matter of posting of persons on any of the two categories of posts included in the same grade and their relative seniority for future promotion to the next higher grade would not be affected by their posting on one category of posts or the other. 9. The real grievance of the petitioners in this respect is that while Travelling Ticket Examiners are entitled to obtain daily allowance for the travelling duties that they have to perform, the Ticket Collectors are not entitled to get the said allowance and although the posts of Ticket Collectors and Travelling Ticket Examiners may be having similar or same grades, yet the total emoluments drawn by the Travelling Ticket Examiners are evidently higher then those of the Ticket Collectors. Learned Counsel for the petitioners argued that the Divisional Personnel Officer acted in rightly in posting the petitioners as Senior Travelling Ticket Examiners by his order Ex.4, on account of the relative position occupied by the petitioners in the combined seniority list but the re-transfer of the petitioners by the Ex.8 resulted in the drawing of higher emoluments by junior persons than the petitioners. The petitioners' grievance on this score no doubt appears to be well founded that although they are senior in the combined seniority list to some of the persons who have now been posted as Travelling Ticket Examiners in the same grade, yet on account of their re-posting as Senior Ticket Collectors they are deprived of an opportunity of getting daily allowance, for which only the travelling staff eligible. The exercise of option by the petitioners at the earlier stage, while they were promoted to the posts of Senior Ticket Collectors in the grade of Rs. 150-240 (AS) should not ordinarily be utilised by the Railway Administration to deprive them from occupying posts, which may not strictly speaking be higher posts but undoubtedly offer opportunities of drawing better emoluments, although remaining in the same grade Mr. Bhansali argued that the daily allowance to which the Travelling Ticket Examiners are entitled is not part of wages and in this context he relied upon the decision of their Lordships of the Supreme Court in Dilbagh Rai Jarry v. Union of India and others, 1974(1) SLR 1 , wherein it has been held, while considering a case under the Payment of Wages Act, that the Travelling Allowance or Running Allowance is not part of wages and an employee is eligible to it only if he has travelled and and not otherwise. As the posts of Senior Travelling Ticket Examiners and Senior Ticket Collectors are included in the same combined revised grade and have a common seniority, it cannot be held as a matter of law that the petitioners are entitled to be posted as Travelling Ticket Examiners in preference to other or that their transfer and re-posting on the posts of Senior Ticket Collectors by the order Ex.8 has deprived them of any legal right in the matter of their employment, because they could be posted on any of the two posts of Senior Ticket Collectors or Senior Travelling Ticket Examiners on the basis of their combined seniority and no difference of salary is involved in the transfer from one post to another. 10. 10. However, as regards the contention of the petitioners that they have now been deprived of an opportunity to receive higher allowance to which they had become entitled on account of their posting on the posts of Senior Travelling Ticket Examiners vide Ex.4 on the basis of combined seniority of the two categories of posts, in my view their remedy lies elsewhere. It would, be for the administrative officers, to consider as to whether the petitioners grievance in this respect is genuine and that they are made to suffer for no fault of theirs, merely because they had exercised an option once in the year 1960 when the question of creation of a combined revised grade of all Travelling Ticket Examiners and Ticket Collectors in the then existing grades of Rs. 130-212 (AS) and Rs. 150-240 (AS) could not have been even visualised. The result of the adherence to the option once exercised by the petitioners in the changed circumstances might be that even junior Travelling Ticket Examiners, who prior to the merger of the two grades into a combined unified grade, were in the lower pay scale of Rs. 130-212 (AS) may in some respect be better placed than the petitioners who were drawing their salary in the higher pay scale of Rs. 150-250 (AS) ever since the year 1961 or 1962. It would be for the Railway Administration to look into such imbalances, if any, caused by subsequent supervening events. It is hoped that the options earlier exercised by the petitioners in altogether different circumstances would not stand in their way and the Railway Administration would act fairly in redressing the genuine grievances, if any, of their employees in this respect. 11. With these observations, the writ petitions are dismissed as the petitioners are not entitled to any relief from this Court. The parties are, however, left to bear their own costs. *******