R K SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner in the following circumstances.

(2.) The petitioner was appointed a Telex Operator in the pay-scale of Rs.330- 560 on 1st September 1980. At the time of his appointment the Junior Assistants also enjoyed the same scale and common requirement was knowledge of typewriting proficiency at the rate of 40 w.p.m.. It is the case of the petitioner that he was appointed after having cleared the typewriting test. Although this test was initially disputed by the respondents, but on verification from the original record, I satisifed myself that such a test had been conducted and cleared by the petitioner. In 1982, (he Respondent-Corporation merged the persons appointed in ex-cadre post with the category of Junior Assistant brought out a joint seniority list among the staff in the ranks of Junior Assistants enjoying the same scale i.e.Rs. 330-560. The said seniority list was brought out on 18.6.82 wherein the petitioner was shown at S.No.2. Below the name of the petitioner, the words "Telex Operator" are written. This particular seniority list was not objected to and was operated upon. It may be clarified that this seniority list was brought out betore any Recruitment Rules were framed or notified as per law. This seniority list had become final. Subsequent thereto, new Recruitment & Promotions Rules came into force on 27.6.84 wherein it was provided that the appointments made in the Corporation prior to these rules shall be deemed to have been made under these rules. In the circumstances of the case, the petitioner contends, that such a provision could only mean that the appointment of the petitioner as Junior Assistant on the basis of the merger in 1982 is deemed to have been made under the aforesaid rules. Subsequent to the enforcement of the aforesaid rules another seniority list of Junior Assistants was issued wherein the petitioner's name was shown at Serial No.3. but there was a rider attached which reads as -

(3.) The covering letter to this second seniority list had clearly stated "Consequent upon the merger of some Ex-cadre posts to the post of Jr. Assistant certain variations in Seniority List have taken place. Reconciling all the aspects a fresh Inter-se seniority list among the staff in the scale of Rs-330-560 are notified for information of all concerned." Written objections to this seniority list were also invited and on the expiry of the time for objections this list became final. It is further pointed out that it was not required,yet on the respondent calling upon the petitioner to take Typing Test at the prescribed speed of 40 w.p.m. and in reply to the said communication dated 7.1.85 the petitioner appeared for typing test and cleared it. Thereafter on 15.4.85. the petitioner was considered for promotion by the DPC and was promoted to the post of Assistant in the scale of Rs.425-800 and such promotion was communited vide office order dated 15.4.85. Following such promotion the petitioner look charge of the post of Assistant w.e.f. afternoon of 22nd April 1985 which fact is confirmed by a letter from the respondent dated 7.5.85. Following his promotion, another seniority list of Assistants was published wherein the petitioner was shown at S.No. 16. The respondents have submitted that certain objections were received to the seniority list of the Assistants brought out in February 1986 and it was as a conse quence of consideration of those representations, that a memo dated 7.1.87 was issued to the petitioner. The said Memorandum reads as under:-