N.S.K. NAYAR AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1991] SUPP. 3 S.C.R. 402 · Decided: 12-12-1991 · Supreme Court of India · Bench: K.N. SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
N.S.K. NAYAR AND ORS. 
v. 
UNION OF INDIA AND ORS. 
DECEMBER 12, 1991 
[K. N. SINGH, CJ AND KULDIP SINGH, J.] 
Service Law: 
Telegraph Engineering Seryice (Class I) Rules, 1965: rr. 3, 5, 26, 27, 
28-Telecommunication Service Group ~enior Time Scale posls-Tempo-
C rary appointments-Continuing for 10-15 years-Claim/or regularisation in 
the cadre-Whether can be allowed. 
Constitution of India, 1950: 
Articles 16, 32-Telecommunieation Service Group A-Senior Time 
D Scale posts-Temporary appointments-Non-regularisation in the cadre and 
deprivation of consequentia~ benefits even after the officers continued on the 
posts for 10-15 yearr-Whether violative of Article 16. 
The Telegraph Engineering Service (Class I) Rules, 1~65 provide for 
E recruitment and conditions of service of Telecommunication Service 
Group A. Under Rule 3 of the Rules, Group A Service consists of four 
grades-Junior time grade (JTS), senior time grade (STS), Junior Ad-
ministrative grade (JAG) and Senior Administrative grade (SAG). Rules, 
5 and 26 provide that·vacan5ies in the-JTS, which is the starting point of 
group A service be filled up ·50% by direct recru!tment and _50% by 
F promotion from Telegraph Engineering service, Class IL As per rule 
27(a), although the vacancies in the next higher grade of STS are to be 
filled up on the basis of seniority in the JTS subject to rejection .of unfit, 
yet the direct recruits not having completed 5 years, are not ordinarily 
eligible to be promoted to STS. However, as the posts in JTS are much less 
in number than those in STS, giving the picture of an inverted-pyramid, 
G and there are not sufficient vacancies in JTS to accommodate Class II 
officers, it was provided by rule 27(b) that posts in STS may be filled up· 
by promotion of permanent class II officer.s who are on the approved list 
for promotion to JTS on purely temporary basis in an officiating capacity 
to hold charge. The promotion to JAG is made by selection on merit from 
amongst officers in STS promoted under rule 27(a). Further promotion to 
H SAG is made by selection on merit from amongst the officers in JAG. 
402 
1-• 
f-
.,. 
I 
~J 
N.S.K.NAYAR v. U.OJ. 
403 
· The petitioners, who were brought on the approved list or JTS and 
were promoted to STS under rule 27(b) on various dates between January, 
1975 and January, 1979 and were, except petitioner No. 1, who has since 
retired, continuously holding the posts for 10/1~ years, filed the Writ 
Petitions under Article 32 ·or the Constitution challenging the promotion 
policy in so far as it related to the promotion or officers in STS to JAG 
contending that though they were continuing in STS for 10-15 years and 
from a date much earlier than the direct recruits, promoted under rule 
27(a), they were not being treated as regular members of STS and were not 
being considered for promotion to the next higher grade of JAG, whereas 
the direct recruits promoted under rule l7(a) much later and having much 
less service than the petitioners bad long been promoted to JAG. 
On the question; whether the service rendered by the petitioners in 
the Senior Time Scale for over a decade entitled them to claim that they 
were regular holders or the post in the Senior Time Scale of Group A 
service, 
Allowing the Writ Petition; this Court, 
HELD: 1. Taking work from the petitioners in the Senior Time Scale 
posts for 10/15 years and denying them the right of reguJ!lrisation and the 
consequent benefits in the said grade, is wholly arbitrary and is violative 
of Article 16 of the Constitution of India~' [p. 408 A] 
2. Although the regular channel of promotion to Group A Service 
provided to the officers of the Telegraph Engineering Service Class II 
under the Rules is to the Junior Time Scale and Rule 27(b) has been 
enacted to enable the Government to meet an ad-hoc shortage or officers 
and to fill the large number or vacancies in· Senior Time Scale by 
appointing Class-II officers with a frog-leap from class-II to STS by-
passing the JTS, in order to provide a source or appointment to meet an 
administrative exigency or short tenure, yet it could never be the intention 
or the framers of the Rule to permit the appointments under the said Rule 
to go on for 10 to 15 years. The appointments· for such a long period cannot 
be considered to be purely temporary/officiating or to bold charge. 
[407A-H; 408A] 
3. The promotee-officers who have worked in STS for a continuous 
period of five years an

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