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PETITIONER: UNION OF INDIA & ORS. ETC.

       Vs.

RESPONDENT: K.G KULKARNI ETC.

DATE OF JUDGMENT:       27/03/1997

BENCH: K. RAMASWAMY, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                             WITH                   CIVIL APPEAL NOS.2671-75 (Arising out of SLP (c) Nos. 24175,25170-71 and 25172-73 of 1996)                          O R D E R      Delay condoned.      Leave granted.      These appeals  by special leave arise from the order of the Central  Administrative Tribunal,  Bangalore Bench, made on July 17,1996 in OA No.363/96.      The facts  in appeal  arising out  of SLP  No.23039  of 1996, are  sufficient  for  disposal  of  all  the  appeals. Therein, the  admitted facts  are that  the  respondent  was appointed in  the year  1967 as a Sorter in the Railway Mail service and has worked in different capacities since then at different places  At the  relevant time,  viz., February 15, 1993 onwards  he was  working as  a clerk  in the speed post section of  the Bangalore G.P.O. Recruitment to the  post of postal superintendent/postmasters, Group‘B’ was sought to be made. since he was not given an opportunity to appear in the examination for  selection to  the said post, he filed OA in the Tribunal.  The Tribunal,  following the decision of this court in  Sawan Ram  Malra vs. Union of India & Ors. [(1995) Supp. 3 SCC 620], has set aside the examination and directed the appellant  authorities to  conduct  examination  afresh. Thus, these appeals by special leave.      It is  see that  under the schedule read with Rule 3 of the Rules  in operation,  viz.,  the  Department  of  posts, Postal  Superintendent/postmasters   Group  ‘B’  Recruitment Rules 1987,  the method of recruitment has been provided. In Column 12 thereof, it is stated thus:      "By promotion:      (1)  94%   from  amongst   officers      holding the post of Inspector, post      offices   or   Inspector,   Railway      Mails".      Clause (2) thereof provides thus:      "6% from  amongst General  line  of      officials    by    means    of    a      Departmental            Competitive

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    Examination    amongst     officers      belonging   to   Higher   Selection      Grade-I(scale of pay Rs.2000-3200/-      ), Higher selection Grade-II (scale      of pay  Rs.1640-2900/-)  and  Lower      selection  Grade   (scale  of   Pay      Rs.1400-2300)   within    5   years      regular service  in either  or  all      the 3 cadres together".      These Rules subsequently came to be amended in exercise of power  under proviso  to Article  309 of the constitution and became  effective from  June 29,  1994. There in, Rule 2 provides thus:      "In the Department of posts, postal      service   Group   ‘B’   Recruitment      Rules, 1987(hereinafter referred to      the ‘said’ Rules’), in the preamble      for     the      words      "postal      superintendent/postmasters Group‘B’      the  words   and   letter   "postal      service    Group‘B’     shall    be      substituted"      Rule  4   provides  the  method  of      selection thus:      "In the  schedule of the said Rules      in  column   12  for  the  existing      entries the following entries shall      be substituted viz.,      By Promotion:      75% of  the total  posts  shall  be      filled by  promotion  from  amongst      Inspector  of   post  offices   and      Inspectors of Railway Mail services      (Pay scale  Rs.  1400-2300/-)  with      eight years’ regular service in the      grade"      Examinations for  appointment by promotion are required to be conducted , as indicated therein thus:      "Promotion by examination:      (i)  19% of  the total  posts shall      be  filled   on  the   basis  of  a      department competitive  examination      from among  the inspectors  of post      offices and  Inspectors of  Railway      Mail service  (Pay  scale  Rs.1400-      2300/-) with  five  years"  regular      service in the grade.      (ii) 6% of the total posts shall be      filled on  the basis  of  the  same      departmental    examination    from      amongst  clerical   line  officials      working in  post Offices/Divisional      offices with  five  years’  regular      service  in   the  Lower  Selection      Grade and above."      The question,  therefore, is  whether  the  respondent, working in  the Railway  Mail service,  is covered under 19% quota as  provided in  the column  (i) or  under 6% quota as provided in  the column (ii)? It is stated by the appellants that the  recruitment to the said post by promotion is to be made from  amongst the  cadre  of  the  Inspectors  of  Post offices or  Inspectors of  Railway Mail service appointed in the pay  scale of  Rs. 1400-2300/-  with five  year’ regular service; however,  the respondent did not apply for the said post under  19% quota  under which he was not working in the

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post office  or  Divisional  post  offices  in  the  regular service, but  was working  in the  speed post section in the said post  office; and  continue to  be governed  by the RMS Rules. Under  these circumstances, he was not eligible to be considered for  selection to  the said post in question . It is contended  that the Tribunal is not right in holding that the ratio  in the  Sawan Ram Malra case applied to the facts in this  case. Therein, prior to the amendment of the Rules, it was  not specified  that the candidates would be excluded from  the   list  of   candidates  eligible   to  apply  for consideration of  appointment  by  promotion  by  qualifying departmental competitive  written examination . Paragraph of the 1986  Rules clearly indicates that their eligibility for promotion is  to be  considered according  to the  Rules. In para 4,  it is stated that "in the 1986 Rules, in the matter of recruitment,  there was no reference to officials in RMS. The 1967  Rules expressly include "Inspector, Railway Mails" in the  matter of  promotion  to  the  94%  quota.  RMS  has officials falling  in General  line .  There are no words of limitation  in   1987  Rules  in  respect  of  General  Line officials so  as to  exclude General  Line officials  in the RMS." Thus,  it could  be seen  that in  the absence  of any specific provision  making  some  officials  ineligible  for being considered  for promotion by written examination, this court held  that the  candidate eligible  for selection from the cadre  of Inspectors,  Railway Mails is equally eligible to apply  and to  appear in  the Departmental  compartmental competitive written examination.      However, in  the present case, in view of the amendment made in  1994, the  line of officials was specified, namely, clerks working  in the  post offices  or Divisional offices. The clerks   working  in the RMS, thereby, became ineligible to  be  considered  in  6%  quota  reserved  for  them.  The respondent did  not apply  against 19% quota to which he was eligible. The  Tribunal, therefore,  is not right in setting aside the  examination already conducted. The conduct of the examination afresh is not legal.      The appeals  are accordingly, allowed. The order of the Tribunal is set aside. No costs.