UNION OF INDIA AND ORS. ETC. versus K.G. KULKARNI ETC.

Citation: [1997] 3 S.C.R. 385 · Decided: 27-03-1997 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Leave Granted & Allowed
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Judgment (excerpt)

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UNION OF INDIA AND ORS. ETC. 
v. 
K.G. KULKARNI ETC. 
MARCH 27, 1997 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
Department of Posts, Postal Superintendent/Postmasters Group B 
Recruitment Rules, 1987 : Rules, 2, 3, and 4 (As amended in 
1994)-Schedule-Column 12. 
A 
B 
c 
Service Law-Railway Mail Servir;e--Rcspondent appointed as 
Sorte1~1hereafter worked in different capacities-From Febiuary 1993 on-
wards working as Clerk in speed Post Section--Recrnitment of Postal Super-
intendent Group 'B'-Responde11t not given opportunity to appear in 
examination-Tribunal set aside examination and directed appellant-
authorities to conduct examination afresh-Appeal against order of D 
T1ibunal-Held in view of the amendment made in 1994, the line of officials 
was specified, namely, Clerks working in the Post Offices or Divisional 
Officers-171e clerks working in the RMS, thereby became ineligible to be 
considered in 6% quota reserved for them--171e respondent did not apply 
against 19% quota to which he was eligible-171e Tribunal, therefore, was not E 
right in setting aside the examination already conducted--171e conduct of the 
examination afresh was not legal. 
Sawan Ram Maira v. Union of India & Ors., ·[1995] Supp. 3 SCC 620, 
referred to. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2670 of 
1997 Etc. 
. 
From the Judgment and Order dated 17.7.96 of the Central Ad-
ministrative Tribunal, Bangalore in O.A. No. 368 of 1996. 
V.R. Reddy, Additional Solicitor General, K.K. Reddy, Hemant 
Sharma, C.V.S. Rao, D.P. Reddy and G. Prabhakar with them for the 
Appellants. 
Sushi! Kr. Jain and A.P. Dhamija for the Respondents. 
385 
F 
G 
H 
386 
SUPREME COURT REPORTS 
[1997] 3 S.C.R. 
A 
The following Order of the Court was delivered : 
Delay condoned. 
Leave granted. 
B 
These appeals by special leave arise from the order of the Central 
Administrative Tribunal, Bangalore Bench, made on July 17, 1996 in OA 
No. 368/96. 
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 
C 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 a opportunity to appear in 
D the examination for selection to the said post, he filed OA in the Tribunal. 
E 
The Tribunal, following the decision of this Court in Sawan Ram Maira v. 
Union of India & Ors., (1995] Supp. 3 SCC 620, has set aside the examina-
tion and directed the appellant-authorities to conduct examination afresh. 
Thus, these appeals by special leave. 
It is seen that under the Schedule read with Rule 3 of the Rules in 
operation, viz., the Department of Posts, Postal Superinten-
dent/Postmasters Group 'B' Recruitment Rules 1987, the method of 
recruitment has been provided. In Column 12 thereof, it is stated thus : 
F 
"By promotion : 
G 
H 
(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 the Depart-
ment Competitive Examination amongst officers belonging to 
Higher Section Grade-I (Scale of Pay Rs. 2000-3200), Higher 
Selection Grade-II (Scale of Pay Rs. 1640-2900) and Lower Selec-
tion Grade (Scale of Pay Rs. 1400-2300) within 5 years regular 
service in either or all the 3 cadres together". 
(
U.O.l. v. K. G. KULKARNI 
387 
These Rules subsequently came to be amended in exercise of power A 
under proviso to Article 309 of the Constitution and became effective from 
June 29, 1994. Therein, 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 
'B' the words and letter "Postal Service Group 'B' shall be sub-
stituted". 
Rule 4 provides the method of selection thus : 
"In the Schedule of the said Rules in column 12 for he existing C 
entries the following entries shall be s,ubstituted viz., : 
By promotion : 
75% of the total posts shall be filled by promotion from amongst 
Inspector of Post Offices Inspectors of Railway Mail Services
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