ORDER

1. Heard the learned counsel for the parties at length.

2. After going through the matter we find that it will be appropriate to refer this matter to a larger Bench because the order passed by the Central Administrative Tribunal (in short "CAT") dated 7-7-1992 which was affirmed by this Court on 9-9-19931 has created a very anomalous position.

3. There are four different grades in the Department which read asunder:

(1) Grade I:

Pay scale: 975-1660

(Telegraph Assistant/Telegraphist)

(2) Grade II:

Pay scale: 1400-2300

(Section Supervisor/Telegraph Master)

(3) Grade III:

Pay scale: 1600-2660

(Senior Section Supervisor)

(4) Grade IV:

Pay scale: 2000-3200

(Chief Section Supervisor)

4. The question is that on what basis the promotion is to be given. In normal course of business a person in Grade I is to be promoted on the basis of seniority from Grade I to Grade II and likewise from Grade II to Grade III and from Grade III to Grade IV. But because of a clarification issued by the Department dated 3-4-1991, the basic grade seniority should be taken into consideration for promotion and not the pay scales. If this is to be taken, then this will mean that a person who is in Grade I and has put in 26 years of service on 1-1-1990 will be entitled for promotion from Grade I to Grade IV; Therefore, the concept of basic cadre has to be interpreted with reference to the seniority in each grade. But on account of the order passed by CAT which has been affirmed by this Court on 9-9-19931 in Civil Appeal No. 3201 of 1993 this anomalous situation has been created.

5. Therefore, in our view, it is appropriate if this matter is referred to a larger Bench so that the controversy involved in the matter can be resolved. The Registry is directed to place the matter before the Hon'ble the Chief Justice of India for constitution of a larger Bench.

Court Masters