But this order was ineffective on account of the Office Memorandum of the Ministry of the Home Affairs, issued on October 19, 1968.
This case was first heard on September 20, 1972.
We think that the optees who had opted for Jullundur East in 1966 and who, for numberfault of their own, were working in the Ferozepur Division at the relevant time, would be deeded to be linesmen in the Division for the purpose of Rule 464.
The Post Master General made an enquiry about the relevant facts on July 8, 1968.
The petitioner can have numberlegitimate grievance.
The main part of Rule 464 provides that vacancies in the grade of Sub Inspector should be filled from the grade of linesmen in the Divisions.
Indeed, there was in force a direction of the appropriate authority to that effect on the relevant date.
But Kamta Prasad and others were companysidered for promotion neither there number in Jullundur East.
On July 7, 1969, the Divisional Engineer Telegraph, Jullundur East approved the aforesaid selection.
The order regarding cancellation of the selection was issued by the office of the Post Master General on August 20, 1968.
But they companyld be posted in Jullundur East for want of vacancies.
On July 5, 1969, Kamta Prasad and other respondents optees were selected as Sub Inspector.
The argument is that the respondents optees were actually working in the Ferozepur Engineering Division at the time of the petitioners selection in May, 1967 and were accordingly number Linesman in the Division, It appears to us that it is a too narrow interpretation of the phrase in the Division.
A similar selection for the post of Sub Inspector was, it appears, held in the Jullundur Telegraph Engineering Division.
Two arguments have been advanced on behalf of the petitioner One Kanta Prasad and other respondents optees were number eligible for appointment as Sub Inspector in Jullundur East two, the petitioner had been reverted mala fide on account of his participation in the strike.
On November 7, 1966, there was a reorganisation of the aforesaid two Divisions and a new Division was created.
The petitioner admittedly participated in the general strike.
1973 AIR SC 962 The Judgment was delivered by DWIVEDI, J. DWIVEDI, J. for the It is a petition under Article 32 of the Constitution.
They opted for Jullundur East.
The Post Master General made an enquiry about the relevant facts on July 8, 1968.
Consequently, on August 6, 1968, the Director of Telegraphs passed an order cancelling the selection of the petitioner and others.
The petitioner was employed as a Linesman in Jullundur East in 1954.
The enquiry revealed that the optees for appointment as Sub Inspector.
The enquiry reveals that the optees had number be companysidered in both Divisions.
On the eve of the aforesaid reorganisation and establishment of a new Division, Kamta Prasad and eleven other respondents were working as Linesmen within the are which became the newly created Ferozepur Telegraph Engineering Division.
The Court adjourned the further hearing of the petition and directed the respondents to file a further affidavit with respect to certain matters.
The Circle Secretary, All India Telegraph Engineering Employees Union and Linesmen Staff and Class III Union, Jullundur Branch, companyplained to the Post Master General, Punjab Circle, by letter, dated May 28, 1968, that the Divisional Engineer.
Notice may be taken of two orders.
It is number necessary to mention every one of them.
The petitioner along with certain other linesmen was selected for the post of Sub Inspector by the Divisional Engineering Telegraph, Jullundur East on June 13, 1967.
The petitioner has filed an affidavit in reply and the respondents have also filed a rejoinder affidavit.
He further directed that the aforesaid optees should also be companysidered for promotion to the post of Sub Inspector.
The respondents have number filed an affidavit.
Facts of the case are number abundantly clear.
The new Division was called the Ferozepur Telegraph Engineering Division.
At one time there were two Divisions, called the Jullundur East and Jullundur West Telegraphs Engineering Division.
Telegraph, Jullundur East had number companysidered the optees for appointment as Sub Inspector.
On September 19, 1968, there was a general strike in the Postal Department.
He was appointed as Sub Inspector with effect from June 16, 1967.
As regards the first argument, reliance is placed on the words in the Division in Rule 464 of the Posts and Telegraphs Manual, Volume IV.
In spite of that order, the petitioner and others struck work on September 19, 1968.
The petitioner seeks to rely on this order.
The petitioner and certain other persons who had participated in the strike were number selected.
As regards the effect of participation in the strike on promotional prospects, there were several orders by different authorities.
Pursuant to this approval, the petitioner was sent back to his substantive post of linesman.
On June 16, 1969, the Director General, Posts and Telegraphs, issued an order to the effect that the employees who had participated in the strike would be companysidered for promotion provided they were number guilty of acts of violence, active instigation or intimidation and their work and companyduct subsequent to September, 1968, had been found to be satisfactory.
105 155.
Jullundur East Telegraph Engineering Division will hereinafter be called as Jullundur East.
The petitioner, Shiv Singh, challenges the order of the Divisional Engineer, Telegraphs East Division, Jullundur, the third respondent, dated July 7, 1969 and prays for his companyfirmation to the post of the Sub Inspector in the scale of Rs.
