ORDER Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):

1.M.A. No. 2399/2018 seeking permission to join together in a single Original Application is allowed for the reasons stated therein.

2. The present Original Application arises out of a challenge to the Recruitment Rules dated 02.04.2018 framed for appointment to the post of Assistant Accounts Officer in the Indian Postal and Telecommunications Accounts and Finance Services Group ‘B’ Gazetted cadre. The applicants are employees serving in the accounts hierarchy under the Department of Telecommunications and Department of Posts. Applicant Nos. 1 and 2 are working as Lower Division Clerks in the Telecom Wing, Applicant No.3 is serving as Senior Accountant in the Postal Wing, and Applicant No.4 is serving as Junior Accountant in the Telecom Wing. The grievance of the applicants is that the impugned Recruitment Rules adversely affect their promotional avenues and career progression within the organized accounts service.

3. Counsel for the applicants submits that the IP&TAFS is a specialized organized accounts service constituted after departmentalization of Union Accounts under the Act of 1976. Initially, Recruitment Rules for the post of Junior Accounts Officer were framed in 1977, permitting departmental candidates from the operational side to appear in the examination for promotion to the accounts cadre. Subsequently, separate Recruitment Rules were framed for the Telecom and Postal Wings for the posts of JAO and AAO. It is submitted that despite framing of such Rules, no departmental examination was conducted after 1992, resulting in prolonged stagnation in the feeder cadres.

4. It is further submitted that pursuant to the recommendations of the Sixth Central Pay Commission, the posts of JAO and AAO were merged and redesignated as Assistant Accounts Officer Group ‘B’ Gazetted, followed by amalgamation of the Accounts and Finance cadres of the Department of Posts and Department of Telecommunications into a unified IP&TAFS Group ‘B’ cadre. Consequently, fresh Recruitment Rules became necessary and draft Rules were prepared in 2011 providing for recruitment through direct recruitment, departmental competitive examination and seniority- cum-fitness. The applicants contend that although the DoPT objected to inclusion of all Group ‘C’ operational employees in the feeder cadre, the final Rules dated 02.04.2018 nevertheless permitted operational side employees to compete in the LDCE for AAO posts.

5. Counsel for the applicants argues that the inclusion of operational side Group ‘C’ employees is arbitrary, irrational and contrary to settled principles governing promotional hierarchies in organized accounts services. It is contended that after upgradation of the post of AAO to Group ‘B’ Gazetted status, allowing operational side employees and lower grade officials to compete directly for AAO amounts to impermissible level jumping and seriously prejudices the promotional prospects of employees in the specialized accounts stream. It is further submitted that unlike the present department, other organized accounts services such as CGDA, CGA and Railway Accounts do not permit operational side employees to enter the accounts hierarchy through such examinations. The applicants also rely upon DoPT guidelines requiring protection of existing feeder cadre employees where Recruitment Rules adversely alter eligibility conditions and contend that despite enhancement of residency periods no saving clause was incorporated in the impugned Rules.

6. Counsel for the applicants further submit that representations submitted against the proposed Recruitment Rules were rejected without proper consideration and that the impugned Rules violate Articles 14 and 16 of the Constitution by treating accounts cadre employees unequally vis-à-vis operational side employees. According to the applicants, if appointments are made under the impugned Rules against vacancies accumulated over several years, the feeder accounts ca