UNION OF INDIA Vs. T VARADARAJU

JUDGEMENT

(1.) THE respondents who are the employees under the appellants were promoted under the Scheme called 'BCR' Scheme applying the reservation quota. Subsequently, by issuing the impugned orders dated 8.9.1999 and 30.12.1999, they cancelled the promotion and posted them to the original post. THE same were challenged by the employees before the Tribunal and the Central Administrative Tribunal, Madras Bench, following the decision of the Full Bench of the Bangalore Bench, dated 26.4.2000 allowed the Original Applications with direction to restore the employees to the promoted post which they were holding before the impugned orders are passed. Aggrieved against the same, the Department preferred the above writ petitions.

(2.) BEFORE dealing with the issue raised before us, we are inclined to consider the scope of the Scheme in question. Normally, service conditions of the employees in the Posts and Telegraphs Department are governed by the "Posts and Telegraphs Department, Telecommunication Branch (Selection Grade Posts) Recruitment Rules, 1979, hereinafter referred to 'the Recruitment Rules' framed under Article 309 of the Constitution of India. The scale of pay and method of recruitment have been specified in the Schedule to the Recruitment Rules. The posts are classified as Grades I, II, III and IV on the basis of the scales of pay. In 1983, taking into consideration the stagnation in getting promotion, the appellants framed a Scheme, called "One Time Bound Promotion Scheme", according to which promotion to Grade-II posts on the basis of the departmental examination would be abolished and promotions are being considered to those who had continued in regular service for 16 years in the basic grade, namely, Grade-I and Grade-II, and it safeguarded the right of the employees who had already been promoted to Grade-II under the Recruitment Rules.

(3.) THE Central Administrative Tribunal, Ahmedabad, in the decision dated 11.4.1997 found that the action of the Department in applying the reservation for upgraded post cannot be sustained. Aggrieved against the same, the Union of India filed Special Civil application No.7576 of 1997 before the High Court of Gujarat at Ahmedabad. THE learned Judges of the Gujarat High Court rejected the writ petition. In view of the above said judicial orders, the impugned circulars dated 8.9.1999 and 30.12.1999 were issued. Challenging the said circulars, the respondents filed the Original Applications before the Central Administrative Tribunal, Madras Bench. THE Madras Bench of the Tribunal in the order dated 25.7.2000, following the Full Bench decision of the Bangalore Bench allowed the Applications and directed the appellants to restore the Applicants to the promoted posts which they were holding before the impugned orders are passed. Aggrieved by the same, these writ petitions are filed by the Department.