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2013 Supreme(Ker) 341

MANJULA CHELLUR, K.VINOD CHANDRAN
Nishit K. Upadhyay – Appellant
Versus
Union of India, rep. by the Secretary to Government of India, Department of Telecommunications – Respondent


Advocates Appeared:
For the Petitioners:M.R. Rajendran Nair (Sr.), M.R. Hariraj, S. Suraj, P.A. Kumaran, Nirmal V. Nair, K. Rajagopal, Anish Jain, Smt. Saritha Nandanan, Smt. B. Vineetha, Advocates.
For the Respondents:R1, P. Parameswaran Nair, ASG of India, Mathews K. Philip, SC, BSNL, R2-3, V.V. Suresh, SC, BSNL (Bharat Sanchar N) R8-14, R-17-24, KRB. Kaimal (Sr.) R8-14, R-17-24, B. Unnikrishna Kaimal, T. Issac, R25-29, R9, S. Radhakrishnan, S. Raj Mohan, Advocates.

Judgment :

K. Vinod Chandran, J.

1. The essential controversy in the above cases is with respect to the fixation of seniority in the cadre of Assistant Engineers coming within the Telecom Junior Engineering Services (Group B Posts). All the parties in the above cases were promoted from the cadre of Junior Engineers redesignated as Junior Telecom Officers and were recruited to the post of Assistant Engineers as per the Telecom Junior Engineering Services (Group B posts) Recruitment Rules, 1981, as amended in 1986 and 1987. The Central Recruitment Rules along with the amendments are produced as Ext.P1 in OP (CAT) 3019/2011; which is taken as the leading case; the documents in which are referred to by us in this judgment.

2. The promotions were through two streams, from one source, as per Ext.P1. One, based on seniority and the other on merit. As per Ext.P1, a combined examination consisting of two parts viz: qualifying and competitive examinations for promotion is to be held in every calendar year. 662/3 %(2/3rd) promotions are to be made by a duly constituted Departmental Promotion Committee(DPC) from the officials who have qualified in the Departmental Qualifying Examinations(DQE)
























































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