R. K. SINHA AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1991] SUPP. 3 S.C.R. 524 · Decided: 20-12-1991 · Supreme Court of India · Bench: L.M. SHARMA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
R. K. SINHA AND ORS. 
V. 
UNION OF INDIA AND ORS. 
DECEMBER 20, 1991 
B 
[L. M. SHARMA, J. S. VERMA· AND S. C. AGRAWAL, JJ.] 
ServiceLaw: 
'Posts & Telegraphs Service Rules: 
C 
Director General P & T's letter dated 17.8.1983---Upgradation & 
Merger of Assistant Telegraph Masters into the cadre of Lower Scale Tele-
graph Masters-Effect of 
. 
In the department of Posts & Telegraphs, Government of India, 
prior to 1973, in between the cadres of Telegraphists and Telegraph 
D Masters (TMS) there were some 'allowanced posts' of Assistant Telegraph 
Masters (ATMS) appointment to which was made on the basis of senior-
ity-cum-fitness from amongst the telegraphists who wanted to volunteer 
for such posts and they were paid a monthly allowance as special pay. The 
Third Pay Commission revised, with effect from 1.1.1973, the pay scales 
E of telegraphists to Rs. 260-480/- and for TMs it recommended two scales-
one of Rs. 425-640/- for Lower Scale Grade Telegraph Masters (LSGTMS) 
and the other of Rs. 550-750/- for Higher Scale Grade Telegraph Masters 
(HSGTMS). For ATMs in lieu of special pay, the pay Commission recom-
mended a pay scale of Rs. 380-560. Accordingly, the P&T Board issued an 
order dated 9.8.1974 to the effect that the cadre of A TMs to be borne in 
F the pay scale of Rs. 380-560 with effect from l.l.1973 would be treated as 
a new cadre for all intents and purposes. However, no rules in this regard 
were framed and the appointments continued to be regulated by the 
existing rules and the orders/letters issued from time to time by the P&T 
Board and the Director General, P&T. 
G 
In order to rationalise the cadres in the P&T Department, a Com-
mittee on Telecommunication was constituted which submitted its report 
in 1982 recommending that cadres of A TMs and TMs may be merged by 
suitably increasing the posts of TMs. Accordingly the Director General, 
P&T issued an order dated 17.8.1983 providing that the cadre of ATMs 
may be merged and 85%posts of ATMs may be upgraded to that of 
H LSGTM and balance of 15% of the posts may be abolished and surplus 
524 
, 
R.K. SINHA v. U.0.1. 
525 
r 
ATMs may be reverted as Telegraphists. It was also directed that promo-
A 
~~' 
tion of A TMs to LSGTMs ·posts would be on the basis of existing rules in 
the case of existing A TMs eligible to be promoted as LSGTMs by virtue 
of their seniority as telegraphists, and that their promotion as LSGTMs 
.. 
straight from the post of A TM would not involve assumption of duties and 
responsibilities of greater importance. Consequently the appellants who 
were working as ATMs since the years 1967-1982, were reverted to the B 
posts of Telegraphists whereas the persons working as Telegraphists were 
appointed on the upgraded posts of LSGTM. 
_/ 
The appellants challenged their reversion and claimed appointment 
to the upgraded posts of LSGTM. The Central Administrative Tribunal 
allowed their claim so far as it related to reversion and held that the c 
appellants were entitled to continue as A TMs; but as regards their 
appointment to upgraded posts of LSGTMs, the Tribunal rejected t.fie 
claim. 
In appeal by special leave to this Court, it was contended on behalf 
D 
of the appellants that the. effect of the· Director General's· order dated 
-I 
17.8.1983 was that amongst the persons holding the posts or'ATMs on the 
date of the order 85% were to be selected for posting on upgraded posts 
of LSGTM on the basis of their inter se seniority as telegraphists and the 
order. could not be construed to mean that all the A TMs would stand 
reverted to the post of telegraphists and from amongst telegraphists E 
promotion would be made on the basis of seniority in the cadre of 
Telegraphists against the 85% posts of ATMs which had been upgraded 
asLSGTMs. 
Allowing the appeal, this Court, 
HELD: 1.1 The letter dated 17.8.1983 cannot be construed to mean F 
....... 
that all A TMs have to be reverted as Telegraphists and from amongst 
Telegraphists promotions would be made for 85% upgraded posts of 
LSGTMs. The view taken by the Tribunal was not correct. 
..._ 
[pp. 532 B,C; H; 533 A] 
.c ',, 
1.2 The reversion of ATMs to the posts of Telegraphists was to be G 
done only on account of non-availability of LSGTM posts because all the 
posts of ATMs were not being upgraded and only 85% were being 
upgraded and the balance 15% posts were being abolished. [p. 532 EF] 
l.3 After the creation of a separate p·ay scale of Rs. 385-560 with 
effect fro

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