PARMANAND LAL Vs. SECRETARY, DEPTT

JUDGEMENT

(1.) THE factual backdrop leading to the filing of the present petition is that the petitioner, an officer who has retired from service in the Department of Telecommunication was selected for appointment to the grade of Junior Engineer (also known as Engineering Supervisor) in Telegraph Engineering Service (Group -B) in the year 1966 and was sent for one year training at Telecommunication Centre, Jabalpur. After successful completion of training, on December 18, 1968, the petitioner was appointed to the grade of Junior Engineer.

(2.) IN the year 1968, the recruitment to Telegraph Engineering Service Group -B was government by the Telegraph Engineering Service (Group B) Recruitment Rules, 1966 (hereinafter referred to as the ,,1966 Rules). As per the said Rules, the hierarchical structure of the Telegraph Engineering Service (Group -B) was as follows: - Assistant Engineer (TES Group B) Junior Engineer (Engineering Supervisor). The appointment to the grade of Assistant Engineer was by promotion from amongst the eligible Junior Engineers. Eligibility was three years service in the Grade of Junior Engineer and qualifying a departmental examination. An approved list of Junior Engineers who qualified at the departmental examination was required to be prepared for purposes of promotion to the grade of Assistant Engineer.

(3.) ON May 11, 1981, the respondents published a select list of Junior Engineers who had become eligible for promotion to the grade of Assistant Engineer, which list did not contain the name of the petitioner. Aggrieved by the said list the petitioner filed a writ petition, being No.2379/1981, before the High Court of Judicature of Allahabad alleging therein that the select list dated May 11, 1981 is illegal inasmuch as it contain the names of Junior Engineers who had qualified in the departmental examination subsequent to the petitioner qualifying at said examination in the year 1974.