P G JOSHI S PANCHAMUKHI UNION OF INDIA K SANKARA WARRIER Vs. DIRECTOR GENERAL POSTS AND TELEGRAPHS NEW DELHI:UNION OF INDIA:MATHURA PRASAD:DIRECTOR GENERAL POSTS AND TELEGRAPHS
LAWS(SC)-1974-9-19
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on September 20,1974

UNION OF INDIA,P.G.JOSHI,S.PANCHAMUKHI,K.SANKARA WARRIER Appellant
VERSUS
UNION OF INDIA,DIRECTOR GENERAL,POSTS AND TELEGRAPHS.NEW DELHI,MATHURA PRASAD,DIRECTOR GENERAL,POSTS AND TELEGRAPHS Respondents

JUDGEMENT

Mathew, J. - (1.) In all these petitions and civil appeals, the question for consideration is practically the same. They are, therefore, disposed of by this common judgment.
(2.) We will take up for consideration Civil Appeals Nos. 366-371 of 1974, 821-823, 1792, 1793 of 1973 and 1718-1721 of 1972.
(3.) The appellants in Civil Appeals Nos. 366-371 of 1974, 821-823, 1792, 1793 of 1973 and the respondents in 1718-1721 of 1972 were working as clerks in the posts and Telegraphs Department. The appellants mentioned above were selected and appointed as Wireless Licence Inspectors. The selections were made in accordance with the provisions of Rule 279/4 of the Posts and Telegraphs Manual, Vol. IV (Establishments). The rule was promulgated by the Director General of Posts and Telegraphs with effect from March 1,1967. The rule stated that appointments to the posts of Wireless Licence Inspectors in any Division are to be made from amongst the clerks working in the Division subject to certain exceptions. The rule prescribes the conditions of eligibility and also of the necessity to pass a written test and then it provides: "An official appointed as Wireless Licence Inspector shall not ordinarily be allowed to hold such a post for more than 3 years continuously at one time. An official who has 'worked as Wireless Licence Inspector for 3 years continuously should not ordinarily be appointed to hold such a post within the next three years. The period of tenure shall not be extended in any case except on very strong administrative grounds and the prior approval of the Director-General should be obtained.";


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.