Judgment

CHANDRACHUD, CJI.:- This is a Writ Petition under Article 32 of the Constitution by which the petitioners ask for an appropriate writ quashing the orders dated May 29, 1965 and May 16, 1975 issued by respondent 2, the Director General of Posts and Telegraphs, New Delhi, and for striking down the provisions in Col. 10 of the Schedule to the Recruitment Rules. 1969.

2. Petitioner 1 joined the Posts and Telegraphs Audit Office of the Government of India at Delhi on July 31, 1956 as a Lower Division Clerk. In 1961 he qualified in the departmental examination for promotion as an Upper Division Clerk. On May 4, 1962 he joined the Savings Bank Control Organisation and Savings Bank Internal Check Organisation (SBCO-ICO), as an Upper Division Clerk. Petitioner 2 joined the P and T Audit Office at Madras on June 3, 1950 as a Lower Division Clerk. On passing the departmental examination he was promoted as an Upper Division Clerk on September 10, 1958. He joined SBCO-ICO on April 1, 1963 in the same capacity. He is due to retire on October 31, 1980.

3. Respondent 1 to the Writ Petition is the Union of India, Respondent 2 is the Director General of P and T and respondents 3 and 4 are the Postmasters General of the Delhi Circle and the Tamil Nadu Circle respectively. Respondents 5 to 13, though junior to petitioner 1 in the Delhi Circle, have been promoted as selection Grade Clerks/Head Clerks in supersession of him. Respondents 14 to 47, though junior to petitioner 2 in the Tamil Nadu Circle, have been promoted as Selection Grade Clerks/Head Clerks in supersession of him. The petitioners, in effect challenge their supersession to the post of Selection Grade Clerks/Head Clerks.

4. Until the year 1961, the Savings Bank work of the post office was under the supervision and control of the Indian Audit and Accounts Department of which the Comptroller and Auditor General of India is the Head. The branches of the Indian Audit and Accounts Department doing the Savings Bank work and the work of auditing P and T accounts were called P and T Audit Offices.

5. The Government of India having decided that the Savings Bank work should be taken over by the P and T Department, the audit offices were relieved of that responsibility by stages during the years 1961 to 1964 and a new organisation called the Savings Bank Control Organisation and Savings Bank Internal Check Organisation (SBCO-ICO) was created on May 4, 1962. With the setting up of that Organisation, volunteers were given the option of joining it. Amongst those who were thus invited to opt for service in the new Organisation were Upper Division Clerks in the Audit Offices, Lower Division Clerks who had qualified for promotion to the Upper Division Clerks cadre in the audit offices, employees under the Post Master General, and lastly those from amongst the time scale clerks in the P and T Accounts Organisation. Employees belonging to the aforesaid departments who opted for service in the new Organisation were transferred thereto in the interest of public services.

6. In the audit department, 10% of the sanctioned strength of the posts of Upper Division Clerks were in the Selection Grade and promotion to those posts was made on the basis of seniority-cum-fitness. By a letter dated May 15, 1964 the P and T Board informed all the Heads of Circles that the sanction of the President was obtained to the conversion of 10% posts in the cadre of UDCs in the SBCO-ICO into Selection Grade UDCs. But, by the impugned letter No. 56/4/65-SPB-I dated May 29, 1965 addressed to all Heads of P and T Circles, the Director General, Posts and Telegraphs modified the policy of reservation of 10% of the posts in the cadre of UDCs in the Selection Grade by directing, that the total number of Selection Grade Posts available for the UDCs who came from the Audit Offices should be 10% of the total number of Audit Office. UDCs working in any particular Circle of the Organisation. Thus, whereas, under the original intendment