C K KRISHNAMURTHY Vs. PANDT DIRECTOR GENERAL

JUDGEMENT

(1.) The petitioners in the above three writ petitions are Upper Division Clerks serving in the Savings Bank Control Organisation and Internal Check Organisation (hereinafter referred to as 'SBCO-ICO') of the Posts and Telegraphs Department, which is a Central Gcvt Department. Their grievance is that the legitimate promotion due to them to the cadre of Selection Grade Upper Division Clerks (now Head Clerks) has been denied. In these three cases common quetions of law and fact arise for consideration. Therefore they are being disposed of by this common order.

(2.) Before 1962 the auditing and accounting work relating to the Savings Bank was done by the Audit Department under the control of the Accountant General of the Posts and Telegraphs. For the purpose of administrative convenience, it was decided to set up a new organisation called "SBCO-ICO" and accordingly the said set up came into existence with effect from 1-4-1962. The personnel for this new set up were drawn from the Audit Office and also from other units of the Posts and Telegraphs Department. The petitioners, who were working in the Audit Office were also among the clerks who were taken on the establishment of SBCO-ICO. After the above set up came into existence, an order dated 29-5-1965 was issued by the Director General of Posts and Telegraphs laying down the manner of promotion to the next higher cadre of Selection Grade from the category of Upper Division Clerks working in the SBCO-ICO Exhibit-B in WP. 2091/76 The relevant portion of the order reads as follows :

(3.) At this stage, it is relevant to state that the Govt passed an order dated 10-4-1975 on the recommendation of the Third Pay Commission, a copy of which is produced as Exhibit 'G' in WP.2091/76. According to the said Govt Order posts of Head Clerks in the scale of Rs. 425-15-500- EB-15-560-20-700 was created in place of the posts of Selection Grade Clerks. The ratio of the posts of Head Clerks was fixed to the extent of 20% of the posts of Upper Division Clerks both temporary and permanent. After the posts of Head Clerks were created by the aforesaid order, by an order dated 5-5-1975 (Exhibit-H in WP.2091/76), the petitioner in the said writ petition was promoted to the post of Head Clerk. In the same order his juniors, namely, D.N.Prabhu, S.K.Kamath, K.Bhaskara and G.R. Kulkarni, were also promoted. They are at Sl.Nos.8, 9, 25 and 11, respectively, in the gradation list cf Upper Division Clerks as on 1-4-1974. Thereafter by order dated 16-7-1975 the promotion given to the petitioner in WP.2091/76 was cancelled and one H.S.Narasimhaiah, who is at SI.No. 12 in the aforesaid gradation list and who is also junior to the petitioner in WP.2091/76, was promoted. The said cancellation of promotion was on the basis of certain clarification issued by the Director General of Posts and Telegraphs as per letter dated 16-5-1975 (Exhibit-L in WP.2091/76). In the said letter, inter alia, it was clarified that under the new scheme, the Upper Division Clerks who were formerly working in the Audit Office are entitled to get the post of Head Clerks only to the extent of 20% instead of 10% as it was, and the remaining posts of Head Clerks will go to the Upper Division Clerks of the non-Audit Office staff working in the SBCO-ICO.