T.S. VENKATARAMAN AND C.S. SUBRAMANYAM AND ORS. Vs. THE DIRECTOR OF POSTAL SERVICES, POSTS AND TELEGRAPHS AND ORS.

JUDGEMENT

(1.) THESE writ appeals are filed against the decision of Kailasam, J., in W.P. Nos. 3926 to 3931 of 1967. The prior facts, so far as they are necessary for a consideration of the matter in controversy in these appeals, can be put down briefly.

(2.) THE writ petitioners entered service in the Posts and Telegraphs Department as clerks on various dates between 1937 and 1940. The post of Accountant carried a higher scale of pay, and it is, therefore, a promotion post from the clerical grade. Rule 273 of the Post and Telegraphs Manual, Volume IV, prescribes for an examination being held in order to obtain a competent class of accountants for post offices." Rule 2 73 (b) lays down that the number of candidates to be selected to appear at the examination will be ten times the number of vacancies minus the number of officials in the ordinary time -scales of pay who have passed the examination but who have not been provided for as accountants or assistant accountants. Rule 273 (e) provides that each candidate will normally be allowed three chances to appear for the examination, but in addition to this, a fourth chance will be allowed provided that the candidate secures at least 35 per cent marks in the aggregate in the third chance. Rule 276 reads:

(3.) THE reason alleged by the first respondent, viz., the Director of Postal Services, Posts and Telegraphs, for making the above distinction is this. It is based upon a circular dated 18th December, 1959, marked as Exhibit -A, issued by the Director General, Posts and Telegraphs, New Delhi.