JUDGMENT

S. C. AGRAWAL, J.:- In the Posts & Telegraphs Department of the Government of India, there were earlier two cadres : (i) Telegraphists in the pay scale of Rs. 110-240, and (ii) Telegraph Masters (for short TMs) in the pay scale of Rs. 210-380. There were certain posts known asallowanced postsof Assistant Telegraph Masters (ATMs), Testing Telegraphists (TTLs). and Teleprinter Supervisors (TPSs). Appointments to these allowanced posts were made from amongst Telegraphists on the basis of selection through had departmental examination and the selected candidates were required to undergo a training for a period of two months. They were paid an allowance (special pay) of Rs. 30/ - per month. In. 1968 as a result of, reorganisation, 75% of the allowanced posts of TTLs, TPSs and ATMs were merged into the post of ATM and the remaining 25% posts were abolished. Selection/appointment for the post of ATM was thereafter made on the basis of seniority-cum-fitness from amongst Telegraphists who wanted to volunteer for such posts. The requirement of training of two months was continued. The Telegraphists were entitled to extra benefits in the shape of incentives to which the ATMs were not entitled. The Third Pay Commission recommended revision of the pay scales of Telegraphists to Rs. 260-480. For TMs, the Pay Commission recommended two scales - a scale of Rs. 425-640 for Lower Scale Grade Telegraph Masters (LSGTMs) and a scale of Rs. 550-750 for Higher Scale Grade Telegraph Masters (H S GTMs). The Pay Commission also recommended a pay scale of Rs. 380560 for ATMs in lieu of the special pay which was given to them for the reason that the said post was not held on tenure basis and they also relieve the TMs of routine supervisory duties regarding disposal of traffic. The recommendations of the Third Pay Commission were brought into force with effect from January 1, 1973. Consequent to the aforesaid recommendations of the Third Pay Commission, the P&T Board issued the order dated August 9,1974, whereby it was decided "that the cadre of Assistant Telegraph Masters to be borne in the pay scale of Rs. 380-560 with effect from January 1, 1973 will be treated as a new cadre for all intents and purposes". In the said order, it was also stated that the recruitment rules for this new cadre of ATMs would follow in due course. It appears that the recruitment rules were not made.

2. In order to improve the avenues of promotion for Telegraphists to the post of TM, the P&T Board, by their order dated June 16, 1974, decided to increase the posts of LSGTM in the pay scale of Rs. 425-640 to the extent of 20% of the posts of Telegraphists by conversion of existing time scale posts. By letter of the Director-General of Posts & Teleg.-aphs dated November 29, 1978, it was intimated that the cadre of ATMs created with effect from January 1, 1973 in the pay scale of Rs. 380-560 under letter dated August 9, 1974 would continue as at present and Telegraphists would be promoted as ATMs from amongst the volunteering Telegraphists as per the existing instructions issued from time to time. It was further decided that 20% of LSGTM posts will be determined on the basis of the combined strength of ATMs and Telegraphists and further that ATMs would be considered for appointment to the grade of LSGTM based on their seniority in the gradation list of Telegraphists. By letter dated May 30, 1979, the Director-General of P&T directed that those ad hoc ATMs who were selected according to the instructions contained in the office letters dated November 12, 1969 and March 29, 1971 and were given only abridged on the job training should now be given regular training and made regular ATMs.

3. By letter dated August 7, 1980, the Director-General of P&T directed that ATMs would be considered for appointment to the grade of LSGTM based on their seniority in the gradation list of Telegraphists as per his order dated November 29, 1979 and that once ATMs were confirmed as such they woul