JUNIOR TELECOM OFFICERS FORUM AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1992] SUPP. 1 S.C.R. 764 · Decided: 18-09-1992 · Supreme Court of India · Bench: J.S. VERMA · Disposal: Dismissed

Judgment (excerpt)

A 
JUNIOR TELECOM OFFICERS FORUM AND ORS. 
v. 
UNION OF INDIA AND ORS. 
SEPTEMBER 18, 1992 
B 
[J.S. VERMA AND DR. A.S. ANAND, JJ.] 
Civil Services: P. & T. Manual, Vol. IV-Para 200-Telecom Engineer-
ing Service (Group BJ-Promotion Mode of-Seniority of junior telecome 
officers and assistant engineers-f"ixation of-Eligibility or approved 
C list-Preparating-Matters concluded by Allahabad High Court and C4 T-
Finality of 
Constitution of India, 1950: Article 32-Writ to reagitate matters settled 
in previous cases, wherein petitioners' cause was espoused-Maintainability 
D of-Petitioners' conduct-Whether abuse of the process of the Court. 
One P.N. Lal (recruited in the 1966 batch), and one Brij Mohan 
(recruited in the 1965 batch) qualified in the qualifying examination held 
in 1974. In 1981, they filed two writ petitions in the Allahabad High Court 
complaining of their placement in the eligibility list below the last man, 
E who passed the qualifying examination in 1975. 
F 
G 
The case of the department was that the eligibility list was prepared 
on the basis of the seniority, based on the year of recruitment ignoring the 
year of passing the qualifying department examination. 
The High Court came to the conclusion that those who qualified in 
the department examination earlier were entitled to be promoted prior to 
those who qualified later irrespective of the year of their initial recruitment 
and also held that para 206 of the P&T Manual was not in conOict with 
either the rules of 1961 or 1981 but was supplemental to those rules. 
The Union of India appealed against the judgment of the Allahabad 
High Court before this Court by special leave. 
This Court dismissed the S.L.P. on merits and directed the 
authorities to deposit half of the sum, which was directed by the High 
H Court, as arrears of respondent No.l's salary. 
764 
'IELECOM OFFICERS v. U.0.1. 
765 
Subsequently, some other Junior Engineers approached the Central A 
Administrative Tribnnal, Ernakulam Bench, and songht relief on tlte basis 
of the Allahabad High Court judgment. The CAT allowed the applications. 
Some more Junior Engineers later on approached the Principal 
Bench of Central Administrative Tribunal seeking relief identical to that 
of the Allahabad cases. 
B 
The Principal Bench allowed the applications and issned directions 
for relixation of the seniority. 
Since, the directions of the Principal Bench were not complied with, 
contempt petitions were filed. On notices being issued, the Union of India C 
and others informed Tribunal that they were in the process of revising the 
seniority of the entire cadre of TES (Group B) as per the gnidelines 
contained in para 206 of the P&T Manual. A direction was issued to the 
respondents to comply with the orders of Central Administrative Tribunal 
within the time fixed by the CAT. 
D 
The order of CAT was challenged in this Court both by the Union of 
India and JTOA (India) who bad sought permission to file the SLP. The 
special leave petitions were dismissed. 
Some more applications were filed in the Central Administrative E 
Tribunal, Principal Bench raising common questions and seeking relief on 
the basis of the judgment of the Allahabad High Court and various other 
orders rendered by different benches of the CAT in identical cases. 
The Fornm, (Petitioner in WP(C) No. 460 of 1992) filed an applica-
tion for intervention and opposed the grant of relief. 
The CAT rejected the application of the Forum and granted relief to 
the applicants, following the judgment of the Allahabad High Court, 
against which the SLP had been dismissed. 
F 
Thereafter the present writ petition (W.P.(c) No.460 of 1992) was G 
filed by the Forum. Forum filed Special Leave Petition Nos. 9063-64 of1992 
against the order of the Cntral Admillistrative Tribunal, Principal Bench 
refusing Intervention Application of the petitioner in O.A. No.2407 of 1988 
vide an order dated 22.4.1992; Transfer Petition (Civil) No.417 of 1992 
seeking transfer of various petitions pending in different benches of the H 
766 
SUPREME COURT REPORTS [1992) SUPP. 1 S.C.K 
A Tribunal to this Court under Article 139-A(i) of the Constitution of India. 
The controversy in the writ petition related to the mode of promotion 
to Telecom Engineering Service (Group B) as well as to the fixation of 
seniority of jnnior telecom officers and assistant engineers in that category 
and the preparation of the eligibility or the approved list for the said

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