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1991 Supreme(SC) 720

K. N. SINGH, KULDIP SINGH
N. S. K. Nayar – Appellant
Versus
Union Of India – Respondent


Advocates:
C.K.Suchitra, GOBINDA MUKHOTY, K.N.SINGH, K.T.ANANTHARAMAN, KITTY KUMARAMANGALAM, M.C.BHANDARE, SHYAMALA PAPPU, SUSHMA SURI, Y.P.RAO

JUDGMENT

KULDIP SINGH, J.:- The petitioners are promotee-members of the Indian Telecommunication Service Group A (hereinafter called Group A Service). They are working as officiating Divisional Engineers in the Senior Time Scale. The recruitment and conditions of service of the persons appointed to Group A Service are governed by statutory rules called "The Telegraph Engineering Service (Class I) Rules, 1965 (hereinafter called the Rules). Rules 3, 5, 26, 27 and 28 which are relevant are reproduced hereunder:

"3. Composition of the Service:-There shall be four grades in the Services namely: -

i) Junior Time Scale Rs. 400-400-450-30600-35-670-EB-35-950.

ii) Senior Time Scale Rs. 700-40-1 1 0050/2-1250.

iii) Junior Administrative Grade Rs. 130060-1600.

iv) Senior Administrative Grade Rs. 1800100-2000.

5. Filling of vacancies in the Junior Time Scale:-

Fifty percent of the vacancies in the Junior Time Scale in service will be filled by competitive examination as provided in part II of these rules and fifty per cent. reserved for promotion as provided in Part Ill of these rules.

26. Appointment by promotion to the junior time scale in the service shall be mane by selection on merit from among













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