MANIMEGALAI JANAGARAJ Vs. S ALAGHIA DASS

JUDGEMENT

(1.) ONE Alaghia Doss was recruited as Upper Division clerk in the Postal Department by direct recruitment on 2nd February, 1942. Afterwards, he was promoted as Head Clerk in the cadre of Lower Selection Grade and was confirmed in that category of service in 1966. On a consideration of his merit and seniority, he was promoted by the General Manager, Tele Communications, Madras as Head Assistant in the cadre of Higher Selection Grade on 25th February, 1978 with effect from 1st March, 1978. This promotion was on ad hoc basis. The post of Head Assistant in the cadre of Higher Selection Grade is only one post. On 18th April, 1978, he was again promoted by the General Manager, Tele Communications, Madras as Head Assistant on a regular basis. Subsequently, on 22nd August, 1978, he was further promoted as Office Superintendent and posted in the only vacancy of Office Superintendent in the office of the General Manager, Tele Communications, Madras, which post he claims he is still holding. Presumably, in accordance with the instructions issued by the Director General of Posts and Telegraphs to be considered in making an appointment in the Higher Selection Grade, the General Manager, Tele Communications, Madras passed orders on 21st June, 1978 cancelling the appointment of Alaghia Doss as Head Assistant on a regular basis and treated the same on ad hoc basis. Alaghia Doss preferred an appeal against the order dated 21st June, 1978 to the Director General of Posts and Telegraphs, New Delhi, alleging that the order is punitive and vitiative. The Director General, by order dated 7th September, 1978 found that the appeal of Alaghia Doss cannot be sustained in the light of the instructions contained "in the Department of Personnel and A.R.O.M. No. 1/9/74 Esst (SCT) dated 29th April, 1975" *

(2.) IN this affidavit, Alaghia Doss alleged that the order relating to reservation for SC/ST is inapplicable as there is only one post in the cadre of Head Assistant (General), and that if reservation is applied, it would result in 100% filling up of the cadre by a SC/ST candidate with the help of the reservation orders, which reservation in a cadre cannot be more than 50% under the Constitution of INdia. He urged that the post of Higher Selection Grade is a single post and it should not be treated as reserved vacancy and the 40 point roster cannot be applied. The reservation contemplated under Art. 16(4) of the Constitution cannot have overriding effect or supersede the provisions under Art. 16(1) and Art. 16(2) of the Constitution providing for equality of opportunity for all citizens in matters relating to employment or appointment and protection against the discrimination on the ground only of religion, race, caste, etc. The impugned order cannot take away the permanent status conferred upon Alaghia Doss the procedure directed by the Director General of Posts and Telegraphs bristles with arbitrariness and is vitlated. The concession of Backward Classes and Scheduled Castes under Art. 16(4) of the Constitution is only for entering into service and not for subsequent happening and promotions based on seniority. The impugned order is illegal as the Roster cannot apply, for a promotional post which is filled up only on seniority basis. It cannot also apply to non-selection post of Higher Selection Grade according to Posts and Telegraphs Manual Volume IV. According to Rule 27(b) of the Post and Telegraphs Manual Volume IV promotion to the lower or higher selection grade is to be made in the order of seniority only. The impugned order is unconstitutional and opposed to Art. 335 of the Constitution as the provisions of Art. 16(4) of the Constitution are to be interpreted in the context and background of Art. 335, as efficiency of administration is of paramount importance and that it would be unwise and impermissible to make any reservation at the cost of efficiency of administration. It was also claimed by Alaghia Doss that no opportunity was given to him before the direction was issued by the Director General of Post and Telegraphs to promote Manimegalai Janagaraj in his place, and it is against the principles of natural justice. With these allegations Alaghia Doss sought the relief already referred to.

(3.) IT was further contended that the orders of reservation of SC/ST candidates indicate that if there is a single vacancy, it will be treated as unreserved in the first instance and filled accordingly. But the reservation should be carried forward to subsequent years. In the recruitment for subsequent years, the reservation should be applied by treating the vacancy arising in that year as reserved even though there might be only a single vacancy in the subsequent year.