PRASANTA KUMAR DAS Vs. UNION OF INDIA (UOI)
LAWS(CAL)-1976-7-31
HIGH COURT OF CALCUTTA
Decided on July 23,1976

PRASANTA KUMAR DAS Appellant
VERSUS
UNION OF INDIA (UOI) Respondents


Referred Judgements :-

GANGARAM V/S. UNION OF INDIA [REFERRED TO]
GOBINDA DUTTA RAY V/S. CH. CONTROLLER OF IMPORTS AND EXPORTS [REFERRED TO]
MERVYN CONTINHO VS. COLLECTOR OF CUSTOMS BOMBAY [REFERRED TO]
S M PANDIT VS. STATE OF GUJARAT [REFERRED TO]
RAMCHANDRA SHANKAR DEODHAP VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF GUJARAT VS. AMBICA MILLS LTD [REFERRED TO]
MOHAMMAD SHUJAT ALI SUNKARA RATTAIAH V MARKANDEYA M NAGENDER RAO VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

A.K. Sen, J. - (1.)This appeal under Clause 15 of the Letters Patent is directed against tire judgment and order, dated December 10, 1974, passed by Chittatosh Mookerjee J., in C.R. No. 2109 of 1974. By the Said judgment and order the learned Judge discharged the Rule earlier obtained by the Appellant -Petitioners on a writ petition and the writ petition was dismissed.
(2.)In the writ petition as it stands after its amendment the Appellants were challenging the validity of the Engineering Supervisors (Recruitment and Training) Rules, 1966, 1972 and 1974, on the ground that such Rules are ultra vires and unconstitutional and they were further disputing the validity of recruitments made to the cadre of Engineering Supervisors in accordance with such Rules.
(3.)The Appellants are Class III employees of the Posts and Telegraphs Department of the Government of India and they differently represent the cadres of Repeater Station Assistants, Telephone Inspectors, Auto Exchange Assistants and Wireless Operators. All of them belong to such a group of employees as have the pay scale of Rs. 380 to Rs. 560 (in this judgment for brevity this group would be referred to as the Appellant group). The Respondents Nos. 3 to 6 are also Class III employees of the same Posts and Telegraphs Department, but they belong to cadres somewhat lower than that of the Appellant group. They belong to the cadres of Telephone Operators, Technicians, Lower Division Clerks etc., in the pay -scale of Rs. 260 to Rs. 480 (in this judgment hereinafter they would be referred to as the residue group).
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