AMBIKA BEZBARUAH Vs. UNION OF INDIA

JUDGEMENT

(1.) I have heard Mr. J. L. Sarkar, learned counsel for the petitioners, and Mr. M. Singh, learned counsel, appearing on behalf of the respondents.

(2.) The petitioners herein were appointed on different dates, in the year 1993-1994, as Telephone Mechanic/Tele-Communication Mechanic. In terms of the Telecom Technical Assistant Recruitment Rules, 1998, (in short 'the Rules of 1998'), which came into force on 06.02.1999, a Telephone Mechanic/Tele-Communication Mechanic was eligible for consideration for promotion to the post of Telecom Technical Assistant (in short, 'the TTA') on completing five years of regular service in the grade of Telephone Mechanic/Tele-Communication Mechanic.

(3.) The grievance of the present petitioners is that in terms of the Rules of 1998, the petitioners, having put in requisite period of service of five years in the grade of Telephone Mechanic/Tele-Communication Mechanic, had become eligible for promotion to the post of TTA as far back as in the year 1999, and though vacancies were available in the posts of TTA, the petitioners were not considered for promotion and the qualifying screening test, as envisaged under the Rules of 1998, were not held; whereas similarly situated employees, working in the cadre of Telephone Mechanic/Tele-Communication Mechanic in other circles of the respondent department, including the North Eastern Circle, Shillong, have been considered and promoted to the cadre of the TTA, in the year 2000, by holding screening tests in terms of the Rules of 1998. It is also the grievance of the petitioners that the Rules of 1998 were amended by bringing into force, on 27.07.02, the Telecom (Technical) Assistant Recruitment Rules, 2001 (in short, 'the Rules of 2001'), whereby promotional avenues of the Telephone Mechanic/Tele-Communication Mechanic has been drastically reconstructed by making 10+2 standard certificate or equivalent certificate as the minimum educational qualification for promotion to the post of the TTA from the grade of Telephone Mechanic/Tele-Communication Mechanic. The Rules of 2001 also envisage holding of limited departmental competitive examination for promotion to the post of TTA from the Group-C employees, which consists of Telephone Mechanic/Tele-Communication Mechanic too. Though under the Rules of 1998, there was no provision for holding limited departmental competitive examination and though the petitioners, having become eligible for consideration for promotion to the post of TTA long before the Rules of 2001 came into force, were not required to appear in any limited departmental competitive examination and though the respondents/authorities concerned ought to have held qualifying screening test in terms of the Rules of 1998 for deciding the question of promotion of the petitioners to the post of TTA, the respondents/authorities concerned have been insisting upon the petitioners and other Group-C employees to appear in the limited departmental competitive examinations as envisaged under the Rules 2001. Such insistence by the respondents/authorities concerned is, according to the petitioners, unreasonable and impermissible in law inasmuch as the Rules of 2001 are, contend the petitioners, prospective in nature and their cases ought to have been considered, plead the petitioners, in terms of the provisions of the Rules of 1998, particularly, because there were, according to the petitioners, vacant posts available for considering the cases of the petitioners for promotion to the posts of TTA long before the Rules of 2001 came into force.