MITHLESH KUMAR AND ANOTHER Vs. UNION OF INDIA THROUGH CHIEF GENERAL MANAGER DUR SANCHAR EAST, U.P.HEAD OFFICE, LUCKNOW AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Standing Counsel for the State-Respondents.

(2.) Petitioners before this Court are two in number. They have set up a claim that they have to their credit experience of working of telegraphy (Mouresh Set) and they are eligible for being appointed in the Irrigation Department of the State of Uttar Pradesh as Singlar. Appointment on the said post of Singlar in the Irrigation Department of the State of Uttar Pradesh is admittedly regulated by the Uttar Pradesh Irrigation Department Singlars and Telephone Munshi Service Rules, 1954 (hereinafter referred to as the Rules, 1954). Rule 9 of Rules, 1954 provides for essential qualifications for appointment as Singlar referable to Rule 5-A(1) by direct recruitment. Rule 9(2) of Rules, 1954 provides that candidate must have passed examination in Telegraphy of the Post Office and Telegraphy Department. Petitioners therefore, made an application for the examination in telegraphy being held by the Telegraph Department which has now been merged with the Bharat Sanchar Nigam Ltd.

(3.) The application of the Petitioners for holding telegraphy examination has been rejected by the Assistant General Manager, Telegraphy, Bharat Sanchar Nigam Ltd., Lucknow by means of the order dated 4th March, 2010 on the plea that the administration of Bharat Sanchar Nigam Ltd. has decided not to hold such examination as they have no manpower or equipments necessary for the purpose. It has been recorded that in the change scenario of advance technology of communication, all telegraphy houses have been converted into WTMS (Web system). Therefore, in absence of suitable persons to hold examination, material and machines, no such examination of telegraphy can be held.