S L SAGHDEV Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a Writ Petition under Article 32 of the Constitution by which the petitioners ask for an appropriate writ quashing the orders dated May 29, 1965 and May 16, 1975 issued by respondent 2, the Director General of Posts and Telegraphs, New Delhi, and for striking down the provisions in Col. 10 of the Schedule to the Recruitment Rules. 1969.

(2.) Petitioner 1 joined the Posts and Telegraphs Audit Office of the Government of India at Delhi on July 31, 1956 as a Lower Division Clerk. In 1961 he qualified in the departmental examination for promotion as an Upper Division Clerk. On May 4, 1962 he joined the Savings Bank Control Organisation and Savings Bank Internal Check Organisation (SBCO-ICO), as an Upper Division Clerk. Petitioner 2 joined the P and T Audit Office at Madras on June 3, 1950 as a Lower Division Clerk. On passing the departmental examination he was promoted as an Upper Division Clerk on September 10, 1958. He joined SBCO-ICO on April 1, 1963 in the same capacity. He is due to retire on October 31, 1980.

(3.) Respondent 1 to the Writ Petition is the Union of India, Respondent 2 is the Director General of P and T and respondents 3 and 4 are the Postmasters General of the Delhi Circle and the Tamil Nadu Circle respectively. Respondents 5 to 13, though junior to petitioner 1 in the Delhi Circle, have been promoted as selection Grade Clerks/Head Clerks in supersession of him. Respondents 14 to 47, though junior to petitioner 2 in the Tamil Nadu Circle, have been promoted as Selection Grade Clerks/Head Clerks in supersession of him. The petitioners, in effect challenge their supersession to the post of Selection Grade Clerks/Head Clerks.