A.K. Patnaik, J. - (1.) These two appeals are against two separate but identical orders passed by a Division Bench of the High Court of Delhi on 22.05.2003 in C.W. No. 4555 of 2002 and C.W. No. 4556 of 2002.
(2.) The facts very briefly are that in the Department of Telecommunications of the Government of India there are four Grades of employees and these are: Basic Grade (Telegraph Assistant / Telegraphist) = Pay Scale Rs. 975-1660. Grade II (Section Supervisor / Telegraph Master) = Pay Scale Rs. 1400-2300. Grade III (Senior Section Supervisor) = Pay Scale Rs. 1600-2660. Grade IV (Chief Section Supervisor) = Pay Scale Rs. 2000- 3200.
(3.) Initially, promotions from one Grade to the higher grade were made on the basis of seniority to the 2/3rd of the posts and on the basis of departmental examination to the 1/3rd of the posts. With effect from 30.11.1983, the Government of India, Ministry of Communications, Department of Telecommunications (for short Rs. the Government) introduced One Time Bound Promotion Scheme under which regular employees, who had completed sixteen years of service in a grade, were placed in the next higher grade. Thereafter, by a circular dated 16.10.1990 the Government introduced a new Scheme known as Rs. Biennial Cadre Review (for short Rs. the BCR Scheme). Under the BCR Scheme, those employees, who were on regular service as on 01.01.1990 and had completed 26 years of satisfactory service in the basic grades, were to be screened by a duly constituted Committee to assess their performance and determine their suitability for advancement and if they were found suitable they were to be upgraded in the higher scale. The circular dated 16.10.1990, however, limited such upgradation to 10% of the posts in the lower pay-scale and the review of the cadres for the purpose of such upgradation was to take place once in two years. The Government then issued clarifications on some points in its letter dated 11.03.1991 on the BCR Scheme. Point No. 10 and the clarification thereon in the letter dated 11.03.1991 are quoted hereunder: Point raised by the field unit Clarification 10. Whether Officers The seniority of officials is already having pay scale of to be maintained with Rs.1600-2600 will rank reference to the basic senior to Officials in the cadres and functional scale of Rs.1400-2300 for promotional posts they the 10% quota (Rs.2000- hold and not merely with 3200) reference to the pay scales. ;