SHIV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) It is a petition under Article 32 of the Constitution. The petitioner, Shiv Singh, challenges the order of the Divisional Engineer Telegraphs East Division Jullundur, the third respondent, dated July 7, 1969 and prays for his confirmation to the post of the Sub-Inspector in the scale of Rs. 105-155.

(2.) This case was first heard on September 20, 1972. The Court adjourned the further hearing of the petition and directed the respondents to file a further affidavit with respect to certain matters. The respondents have now filed an affidavit. The petitioner has filed an affidavit in reply and the respondents have also filed a rejoinder affidavit.

(3.) Facts of the case are now abundantly clear. At one time there were two Divisions, called the Jullundur East and Jullundur West Telegraphs Engineering Divisions, Jullundur East Telegraph Engineering Division will hereinafter be called as Jullundur East. The petitioner was employed as a Linesman in Jullundur East in 1954. On November 7, 1966 there was reorganisation of the aforesaid two Divisions, and a new Division was created. The new Division was called the Ferozepur Telegraph Engineering Division. On the eve of the aforesaid reorganisation and establishment of a new Division. Kamta Prasad and eleven other respondents were working as Linesmen within the area which became the newly created Ferozpur Telegraph Engineering Division. They opted for Jullundur East. But they could not be posted in Jullundur East for want of vacancies.