B.N.Banerjee, J. - (1.) The petitioner is a temporary Lower Selection Grade Supervisor in the Calcutta R. M. S. Division. This division is said to have been created, in the year 1948, by carving the Calcutta Sorting Division out of the General Post Office in Calcutta and transferees from the General Post Office, it is alleged, formed about 80 per cent of the total staff of the newly created division. It is further alleged that two other new R. M. S. Divisions were formed thereafter, namely, (1) R. M. S. "H" Division from out of the remnants of R. M. S. "E" Division, after the partition of Bengal in 1947 and (2) R. M. S. "W. B." Division, from out of the original R. M. S. "N" and "C" Divisions, after the creation of the Calcutta R. M. S. Division.
(2.) It is also alleged that the Calcutta R. M. S. Division had a separate Gradation List from its very inception, separate from the Gradation Lists of the other R. M. S. Divisions. In the year 1949, however, there was an attempt to group together, in a common Gradation List, the Calcutta R. M. S. Division, R. M. S. "H" Division and the Calcutta Air Sorting Portion of the Foreign Post Division but on protest being lodged by the trade union of the Calcutta Post and Telegraph Workers, the idea was given up and in its place it was decided to have a common Gradation List of the Calcutta R. M. S. Division and the Air Sorting Portion of the Foreign Post Division, which two units later on were merged together. Thereafter, on September 9, 1959, one Mahendra Nath Roy, a Sorter in R. M. S. "H" Division, moved this Court, under Article 226 of the Constitution, for a writ commanding the Postal authorities to prepare the combined Gradation List of all non-gazetted employees in the West Bengal Circle and obtained a Rule, being Civil Rule No. 3015 of 1959, Mahendra Nath Roy v. Post Master General, West Bengal Circle. That attempt failed and the Rule was discharged by Sinha, J., on June 14, 1961.
(3.) After the petitioner had been enjoying the benefits of a separate Gradation List for well over 12 years, the Director-General, Posts and Telegraphs, New Delhi, took the following decision, on February 6, 1962: "(1) After careful consideration the following decisions have been taken: (a) A combined gradation list of clerks and sorters of all R. M. S. Divisions of W. B. Circle may be maintained for the purpose of promotion to L. S. G. (b) All the officials who have actually been promoted on a regular basis on the L. S. G. prior to the date of issue of these orders including such of sorters of the Calcutta R. M. S. Division who were approved for promotion to L. S. G. by Circle Office and to whom no warning regarding their temporary appointment to L. S. G. was given at the time of promoting them to L. S. G. in officiating basis, would be protected from reversion and their seniors in the combined gradation list promoted only in subsequent vacancies. Officials promoted in local arrangement to whom a warning was given at the time of appointment to L. S. G. were only temporary and would not confer on them any right for continued appointment in that grade or any other warning to this effect will not be allowed this protection. (c) Confirmation to the L. S. G. may be made according to the seniority in the combined gradation list in spite of the concession given in sub-paragraph (b) above, confirmation against posts which have not been filled substantially so far, should be under these orders. (2) The Officials who would have been confirmed in L,. S. G. in accordance with these orders, but have already retired, may be given the benefit of confirmation from the due date and their pension cases reviewed when necessary.";