A. UNNIKRISHNAN NAIR, JUNIOR ACCOUNTANT, TELECOM ACCOUNTS, CA-I, BSNL Vs. UNION OF INDIA (UOI) REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF TELECOMMUNICATIONS, MINISTRY OF COMMUNICATIONS,

JUDGEMENT

(1.) THE question is short. When the vacancies pertain to the period anterior to 31st August 2001, the date when Recruitment Rules (to the post of Junior Accounts Officer -JAO, for short) were amended, whether the unamended Recruitment Rules should be followed or the amended. The law on the subject is no longer res -integra. In the case of Y.V. Rangaiah v. J. Sreenivasa Rao (1983) 3 SCC 284 the Apex Court has categorically held as under:

(2.) AN exception had been carved out of the above law laid down by the Apex Court as could be seen in the judgment in the case of K. Ramulu (Dr) v. S. Suryaprakash Rao (Dr) : (1997) 3 SCC 59 , wherein the Apex Court has held as under:

(3.) NOW the factual matrix of the case in hand. The applicant initially joined the department of Posts as LDC and later on joined the telecom department in the very same capacity by way of a request transfer under R. 38 of the P & T Manual. Since the date of initial constitution of BSNL the applicant has been in the pay roll of the said BSNL and at present, he has been serving as Junior Accountant in the Telecom Accounts CAI in the office of the Chief General Manager, Telecom, BSNL, Thiruvanantapuram.