LexSAWAN RAM MALRA versus UNION OF INDIA AND ORS.
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A B SAWAN RAM MALRA v. UNION OF INDIA AND ORS. SEPTEMBER 13, 1995 [S.C. AGRAWAL AND S.P. BHARUCHA, JJ.] Se1vice Law : Department of Posts, Postal Supelintendent/Postmasters Group B (Recrnitment) Rules, 1987: C Department of Posts-Postal Supe1intendent/Postmasters Group B - 94% posts to be filled up from amongst lnspect01; Post Offices and Inspector Railway Mails-6% to be filled up by means of competitive examination from amongst general Line Officials belonging to Higher Selection Grade I, Higher Selection Grade-II and Lower Selection Grade-II-General Line Official belonging to Selection Service, fulfilling eligibility conditions-Held, entitled D to appear in Depa1tment competitive examination and on basis of their pe1f01mance in such examination are entitled to be considered for promotion against 6% posts rese1ved for General Line Officials. E In the Department of Posts, prior to 1987, there were two cadres, namely Postal Superintendent Service Group B and Pc.,stmasters Service Group B, Governed by Postal Superintendent Service Group B Posts (Recruitment) Rules 1979 and Postmasters Service Group B (Recruit- ment) Rules, 1986, respectively. With the enactment of Department of Posts, Postal Superintendent/Postmasters Group B Recruitment Rules, 1987, the 1979. Rules and the 1986 rules were superseded and the two F cadres were merged into the cadre of Postal Superintendent/Postmasters Group B Under the 1987 Rules promotion to 94% of posts of Postal Superintendent/Postmasters Group B were made from Inspector, Post Offices and Inspector Railway Mails and to the remaining 6% posts, promotions were made by means of competitive examination from amongst G general line officials, belonging to Higher Selection Grade I , Higher Selection Grade II and Lower Selection Grade II. In response to the Circular dated 12.8.1988, the appellant, who was employed as Head Sorting Assistant in Higher Selection Grade-II in the Railway Mail Service, applied for the appeared in the Departmental Com- H petitive examination for 6% posts of Postal Superintendent/Postmasters 608 S.R. MALRA v. U.0.1. 609 Service Group B, reserved for General Line Ollicials. By letter dated A 14.10.1990 the result was announted and appellant's name was shown in the list of selected candidates, at serial no. 9. However, his name did not find place in the final 'merit list' containing names of 10 ollicers. He was informed that he being a general line ollicial in Railway Mail Service, was not eligible for promotion against 6% posts. The appellant moved the Central Administrative Tribunal, which rejected his claim on the ground that in view of the clarifications issued by the Department by means of letters dated 30.1.1987, 9.3.1987 and 24.4.1987 only general line officials working in the post offices were eligible to participate in the Departmental Competitive examination for promotion to 6% Group 'B' Posts and the General Line Officials working in RCO/RMC/SPCO/PSD and foreign posts were not eligible. Aggrieved, the appellant filed the appeal by special leave. Allowing the appeal, the is Court HELD : 1.1. The appellant was entitled to be considered for promo- tion against the 6% posts reserved for General Line Officials, on the basis of his performance in the Departmental competitive examination held in October 1988 in which he was allowed to appear. The fact that appellant's name was added in the list of selected candidates at Serial No. 9 indicates that on the basis of his performance in the Departmental competitive examination he was selected and but for his being treated as ineligible for promotion against the 6% posts by means of the Departmental competitive examination, he would have been promoted along with others who were selected on the basis of the said examination. [614-B-C] B c D E F 1.2. The Department of Posts, Postal, Superintendent/Postmasters Group B(Recruitment) Rules, 1987 govern recruitment to the combined cadre of Postal Superintendent Service Group 'B' and Postmasters Service Group 'B' while the Postmasters Group 'B' Service (Recruitment) Rules, 1986, only governed the cadre of Postmasters Service Group 'B'. In the G 1986 Rules, in the matter of promotion, there was no reference to officials in the RMS. The 1987 Rules expressly include "Inspector, Railway Mails" in the matter of promotion to the 94% posts. RMS has officials falling in the General Line. There are no words of
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