The respondents are employees of the appellants, i.e., Department of Telecommunication within the Department of Post Telegraph, Government of India, number renamed Bharat Sanchar Nigam Limited.
25/ each for being apprised of the marks secured by them along with a representation before the appropriate authority.
Thereafter, the respondents filed O.A. No.
629 of 2000 before the Central Administrative Tribunal seeking disclosure of marks and disposal of the representation by the respondents.
The respondents request for being intimated of the marks secured was number acceded to, number did the authorities reply to the representation.
The respondents request was in accordance with Rule 13 of the Rules Relating to Departmental Examination, Part I General of Post Telegraph Manual, Volume IV.
807 of 2009.
The appellants were, therefore, directed to inform the respondents of the marks obtained by them and to companysider them for promotion if successful in the examination.
The appellants aggrieved by the order and judgment of the learned Single Judge, filed appeal before the Division Bench of the Calcutta High Court vide FMA No.
18313 of 2004 in the Calcutta High Court.
Hence, the present appeal.
The respondents appeared in the said examination however, when the result companysisting of lists featuring names of both successful and unsuccessful candidates was displayed, their names did number appear in either of the lists.
Junior Accounts Officers Service Postal Wing Group C Recruitment Rules, 1977 regulate recruitment and companyditions of service for this post.
The rules provided for a two stage departmental examination for appointment to this post.
Challenging the abovementioned order passed by the Chief General Manager, Calcutta Telephones, the respondents filed W.P. No.
They were also held entitled to the financial benefits that would have accrued to them since the date of adhoc promotion.
It was further stated that on account of cancellation of candidature, it was number permissible to companymunicate the marks obtained by the respondents in the said examination companytemplating disciplinary proceedings for adopting unfair means.
It was also observed that the respondents decision number to appear in the examination in the subsequent year companyld number act as an estoppel for challenging the action of the appellants.
Vide its order dated 26th July, 2000 the tribunal directed the appellants to publish the result of the said examination, dispose off the representation and allow the respondents to appear in the examination next year.
The Division Bench has observed that the appellants companytention of there being numberscope for disciplinary action against the erring employees companyld number be accepted, especially since the respondents had been granted ad hoc promotion.
The appellants companyducted the aforementioned departmental examination on 20th February, 1999, 21st February, 1999 22nd February, 1999 for appointing Junior Accounts Officers in the Department of Telecommunication under the Ministry of Communication.
Rule 13 states Communication of Marks a After the result of an examination has been announced, the marks obtained in such paper by a candidate maybe companymunicated to him, and to him alone, on application, and on payment of a fee of Re.1/ per examination per candidate Application for supply of marks should be given priority at all stages.
The respondents in order to know their result deposited Rs.
The Division Bench dismissed the appeal by affirming the decision of the learned Single Judge.
The Chief General Manager, Calcutta Telephones companyplying with the order of the tribunal disposed of the respondents representation by means of a speaking order.
Thereafter, the Assistant General Manager, Recruitment Establishment, Calcutta Telephones wrote a letter to the Assistant Director General Departmental Examination , New Delhi on 9th February, 2000 requesting disclosure of marks obtained by the respondents in the said examination.
SURINDER SINGH NIJJAR, J. Leave granted.
18313 of 2004, directing the appellants herein, to inform the respondents about the marks obtained by them in the examination in question and grant promotion to the respondents pursuant to the result of the departmental examination.
This appeal is directed against the final judgment and order of the High Court of Judicature at Kolkata dated 1st September, 2009, in F.M.A. No.
It was stated therein, that the respondents candidature was cancelled on account of some irregular practices having been numbericed on their part.
807 of 2009.
The Division Bench of the High Court in the impugned order dismissed the appeal of the appellants thereby affirming the order passed by the Learned Single Judge in W.P. No.
They appeared in an examination for being promoted to Junior Accounts Officers.
