UNION OF INDIA Vs. LEELAMMA JACOB
SUPREME COURT OF INDIA
UNION OF INDIA
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(1.)Application for impleadment is allowed.
(2.)The dispute in these appeals relates to the service conditions of the employees in the Posts and Telegraphs Department, Telecommunications Branch. The service conditions are governed by rules framed under Art. 309 of the Constitution in 1979 known as "the Posts and Telegraphs Department, Telecommunication Branch (Selection Grade Posts) Recruitment Rules, 1979" (hereinafter referred to as the 1979 Rules). The Rules have been made applicable to the posts specified in the Schedule to the Rules. The Schedule also specifies the scales of pay and the method of recruitment to the posts in question. On the basis of the scales of pay the posts may be classified under the four grades, namely, Grades I, II, III and IV. For our purpose we are concerned with Grade II with a pay scale of Rs. 425-640 and Grade III carrying a pay scale of Rs. 550-750.
(3.)Under Grade II there are several posts which have been mentioned against Serial Nos. 2, 3, 6, 7, 8 and 9. Grade I would be the feeder post from which the posts in Grade II would be filled, namely, the Upper Division Clerks as mentioned in column 12 to the Schedule of the Rules. As far as promotion to Grade II is concerned the Rules mention that it would be by way of promotion i.e. (i) 66 2/3% on the basis of seniority-cum-fitness, and (ii) 33 1/3% by selection. Grade III posts are the posts carrying the pay scale of Rs. 550-750 covering posts mentioned against Serial Nos. 1, 4 and 5 of the same Schedule to which promotion is from Grade II.
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