KRISHNA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The grievance of the applicant, who is presently about 53 years of age, that since her entry into Government service as a Telephone Operator, the has not received any promotion.

(2.) She was appointed as Telephone Operator as a direct recruit w.e.f. 23-12-1957 and was confirmed w.e.f. 16-8-62 in that grade. The post of Telephone Operator was abolished w.c.f. 1-1-1975 on the installation of PABX Exchange in the Deptt. of Agriculture and Cooperation. She was declared surplus w.e.f 28-2-1974. Thereafter, she was nominated against the post of Computer and she joined that post w.c.f. 30-5-1974. The benefit of the previous post of Telephone Operator was not given to her for fixing her seniority in the new post of Computer, as a surplus employee who has been reappointed in a new post in the same scale is not allowed such a benefit.

(3.) On 7-11-1985, the Department of Personnel and Training issued an Office Memorandum which provides, inter alia, that "ail Telephone Operators appointed in 1971 or earlier may be inducted to Lower Division Grade of the Central Secretariat Clerical Service without their requiring to pass a qualifying examination. They would be assigned seniority en block below the Lower Division Clerks appointed through the open competitive examination 1971." It was further provided that "the Telephone Operators would be eligible for promotion to the Upper Division Grade of the Central Secretariat Clerical Service, as per the seniority assigned tO them. On promotion to the Upper Division Grade, they may continue to works as Telephone Operator, as the positions of Lower Division Grade and Upper Division. Grade arc interchangeable."