UNION OF INDIA Vs. N P SUMRA

JUDGEMENT

(1.) . This appeal is directed against the order recorded by the learned single Judge in Special Civil Application No. 1920 of 1974. The facts of the case briefly stated are as under:-

(2.) Respondents Nos. 1 to 14 were originally appointed as clerks in the Posts and Telegraphs Department of the Government of India. They were confirmed as time-scale clerks. Their appointments were made under the Telegraphists (Recruitment and Training Rules 1965 Thereafter they expressed their intention to undergo training as Telegraphists. The Department selected them for training them as Telegraphists. After they received the training they were appointed to officiate as Telegraphists. They have not been confirmed. Respondents Nos. 1 to 9 were appointed to officiate as Telegraphists on 15th March 1967. Respondents Nos. 10 to 12 were appointed to officiate as Telegraphists in 1969 and respondents Nos. 13 and 14 were appointed to officiate as Telegraphists in 1970. On 9th July 1974 they made a representation to the Postmaster general in which they requested for reversion to their substantive posts of time-scale clerks. It appears that they did not make any demand at that time for promotional posts in their parent cadre of time-scale clerks. The Postmaster General rejected their representation. Therefore they filed the present petition.

(3.) The petition was heard by the learned single Judge who after having considered the contentions raised by both the sides and after having considered the relevant rules recorded the conclusion that since petitioners Nos. 1 to 14 were holding the substantive posts of time-scale clerks were merely officiating as Telegraphists they had a lien on their substantive posts and that therefore they could claim reversion to their substantive posts. The second factor which weighed with the learned single Judge was that petitioners Nos. 1 to 14 had not made a declaration before they were appointed to officiate as Telegraphists that they would not seek reversion to their parent cadre of time-scale clerks. He therefore allowed the petition and issued a writ of mandamus directing the appellants to restrain from confirming petitioners Nos. 1 to 14 against their will in the cadre of Telegraphists. He also directed the appellants to grant the request of the respondents for reversion to their parent cadre and gave certain consequential directions.