K N M NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Applicants, Shri KNM Nair and Shri V.P. Gopalakrishnan, are direct recruit Junior Telecom Officers (JTO for short) transferred from Maharashtra Circle to Kerala Circle under Rule 38 in October, 1995 and May, 1995 respectively.

(2.) Their prayer in this O.A. is for a declaration that they are entitled to be considered for promotion to the posts in the cadre of Telecom Engineering Service (TES for short) Group 'B' even on local officiating basis in preference to the JTOs whose year of recruitment is later than that of the applicants and hence eligible to derive all consequential benefits.

(3.) THE official respondents have opposed the O.A. by filing reply statement stating that for purposes of local officiating promotions, reliance could not be placed on A-1 Recruitment Rules regarding regular promotion and the A-2 guidelines, as these do not apply to Rule 38 transferees. Officiating promotion as distinguished from regular promotion, is made on the basis of Circle Gradation list. Rule 38(3) cannot be read in isolation. THE entire Rule 38 should be seen. What is applicable to regular promotion is not relevant for local officiating promotion. So all India seniority has no significance in such cases. THEre is no discrimination or violation of Articles 14 and 16 in this case. Ground (A) of the O.A. is therefore, not maintainable. Since the applicants are juniors in the Circle gradation list in the light of Rule 38, they would be considered for officiating promotion in their turn. Hence Ground (B) of the O.A. is also unsustainable. THE application is, therefore, liable to be rejected according to the respondents.