N S K NAYAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are promotee-members of the Indian Teleccrmmunication Service Group 'A' (hereinafter called 'Group A Service'). They are working as officiating Divisional Engineers in the Senior Time Scale. The recruitment and conditions of service of the persons appointed to Group A Service are governed by statutory rules called "The Telegraph Engineering Service (Class I) Rules, 1965 (hereinafter called 'the Rules'). Rules 3, 5, 26, 27 and 28 which are relevant are reproduced hereunder: "3. Composition of the Service:-There shall be four grades in the Services namely:-

(2.) The petitioners who were permanent members of Telegraph Engineering Service Class II, were promoted to the Senior Time Scale of Group A Service under Rule 27(b) of the Rules during the period 1975 to 1979. Their appointment under the Rules was purely temporary in officiating capacity and to hold charge. It is, however, not disputed that petitioners 2 to 9 are continuously working in the Senior Time Scale till date. Petitioner No. 1 retired, in the year 1987, from a post in the Senior Time Scale. The question for our consideration is whether the service rendered by the petitioners in the Senior Time Scale for over a decade entitles them to claim that they are regular holders of the posts in the Senior Time Scale of Group A service. We may notice the Scheme of the Rules relevant for the purposes of the present petition. Under Rule 3 of the Rules the Group A Service consists of four grades namely, Junior Time Scale (JTS), Senior Time Scale (STS), Junior Administrative Grade (JAG) and Senior Administrative Grade (SAG). JTS is the starting point of Group A Service. Rules 5 and 26 provide that the vacancies in the JTS are to be filled 50% by direct recruitment and 50% by promotion from the Telegraph Engineering Service Class-II. Rule 27(a) lays down that the vacancies in the next higher grade of STS are to be filled on the basis of seniority in the JTS subject to rejection of the unfit. Direct recruits in the JTS are ordinarily not eligible to be promoted to STS till the time they have put in five years of service. Rule 27(b) provides that posts in STS may be filled by promotion of permanent officers of Telegraph Engineeeing Service Class II who are on the approved list for promotion to JTS. Such promotions, under the Rule, are purely temporary, in an officiating capacity to hold charge. Further promotion to JAG is made by selection on merit from amongst the officers in STS. Similarly promotion to the SAG is made by selection on merit from amongst the officers in JAG.

(3.) It is obvious from the scheme of the Rules that regular channel of promotion for the members of the Telegraph Engineering Service Class-II is to the JTS in Group A Service. Rule 27(b), however, provides that posts in the STS - which is a grade higher than the JTS - may be filled, as a temporary measure, in an officiating capacity to hold charge, by promoting members of the Telegraph Engineering Service Class II who are on the approved list for promotion to the JTS. In other words as soon as a member of the Telegraph Engineering Service Class II is brought on the approved list for promotion to the JTS he can be promoted to a post in STS without being appointed to a post in the JTS. The number of posts in JTS is limited whereas the number of posts in the next higher grade of STS is substantial. In an affidavit Mr. R. Parthasarthy dated January 19, 1988 on behalf of Union of India it has been that total number of permanent vacances in JTS and STS grades at that time were 451 and 724 respectively. In the written arguments on behalf of Union of India it has been mentioned that the number of posts in JTS and STS on February 1, 1985 was 451 and 1146 respectively. Generally the grade structure in a service is pyramidal in the sense that the number of posts in a lower grade are more than that in the higher grade, but on the contrary in Group A Service the posts in JTS are small in number whereas the number of posts in STS is large. The structure is that of an inverted pyramid. It is difficult to fill all the posts in STS from amongst the officers in JTS and as such there is an administrative compulsion to fill the STS posts by promoting the members of Telegraph Engineering Service Class II. The posts in JTS being less in number there are not many vacancies to accommodate the Class II officers who are on the approved list for promotion to the said cadre. There is thus no option for the Government but to make appointments under Rule 27 (b) of the Rules.