S P TRIPATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of india for issuing writ of Mandamus, directing non-petitioner No. 2 to hold the petitioners to be validly recruited linemen and quash the selection of non-petitioners No. 4 to 23, being illegal, arbitrary and contrary to the constitution of India.

(2.) THE facts of the case are that the petitioners and the non-petitioners No. 2 to 23 are employees of Post and Telegraph Department in the office of Divisional Engineer, Gwalior Division. The petitioners and non-petitioners No. 4 to 23 are employed as Mazdoors on workcharge basis. Non-petitioner No. 2 is the Divisional Engineer, Telegraphs, Gwalior Division and non-petitioner No. 3 is the General Manager, Tele-Communications for the Madhya Pradesh, at Bhopal. It is alleged that the linemen are recruited from amongst the Mazdoors employed as workcharge basis who have completed service of 365 days. The provision of recruitment of linemen is provided in Post and Telegraph Manual, Vol. IV, Chapter V, rules 466 and 467. They are as under :-

(3.) THERE were about 34 vacancies for different categories to be filled and non-petitioner No. 2 prepared the list of candidates who applied for the post of Lineman and were found to be eligible for the said posts. The dates of written examination were fixed as 19th and 20th of March, 1980 and non-petitioner No. 2 issued a list of candidates who were to appear in the test and also they were to bring with them proof of age and certificate of being a candidate of Schedule Caste and Schedule Tribe, wherever applicable and also a record of days, he has worked in the Department. Non-petitioner No. 3 prepared a list of candidates for selection to the post of linemen, who were eligible to appear in the test. After the test was over, non-petitioner No. 3 issued a list of the selected candidates on 16th April, 1980. A list of selected candidates is annexed with the petition which is Annexure A-5.