Judgment

MATHEW, J :- 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."

4. The contention of these appellants before the High Courts was that Rule 279/4 is opposed to the latter part of the decision of the Government of India dated November 15, 1958 dealing, among other things, with the post of Wireless Licence Inspectors and Town Inspectors.

5. The contention of the respondents in Civil Appeals Nos. 1718-1721 of 1972 was that though. they were selected and appointed as Town Inspectors under Rule 279/3 promulgated by the Director General of Posts and Telegraphs for a period of three years, they were made permanent in the posts by virtue of the aforesaid decision of the Government of India. That decision reads.

"Indian Posts and Telegraphs Department

(Office of the Director General, Posts and Telegraphs)

Dated New Delhi, the 15th

November. 1958.

To

All Heads of Circles

Subject : Removal of certain posts the list of tenure posts included in para 6 of the Manual of appointments and allowances.

The President has decided that the posts of

(i) clerks and Head Postman at Port Blair Head Office., (ii) clerks in Port Blair Radio Office, (iii) Wireless Licence Inspectors, (iv) H. S. G. Sorting Inspectors and Assistant Superintendents, R. M. S. (v) Town Inspectors of Post Offices mentioned in items 8, 12, 13, 14 & 15 respectively of the list of tenure posts in this paragraph should be deleted. These posts should, however, be treated like other posts for which the rotational transfers are prescribed, the period of stay of each of official being limited to 4 years in the case of H. S. G. Sorting Inspectors (now called Sorting Assistant Superintendents) and Assistant Superintendents, R. M. S. and 3 years in the case of others."

" Necessary amendments to Rule 60 of the P. & T. Manual, Vol. IV, will issue in due course."

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6. The appellants in Civil Appeals Nos. 366-371 of 1974, 821-823, 1792, 1793 of 1973 and the respondents in 1718-1721 of 1972 submitted that since, by the decision of the Government of India, the posts of Wireless Licence Inspectors and Town Inspectors were deleted from the list of tenure posts, they became entitled to hold the posts without any limit of time subject to the condition that they may be transferred from one place to another according to what is called the rule for rotational transfers.

7. The decision of the Government of India did two things. It deleted the posts of Wireless Licence Inspe