SAWAN RAM MALRA versus UNION OF INDIA AND ORS.

SAWAN RAM MALRA versus UNION OF INDIA AND ORS.

Clarifications issued prior to the 1987 Rules and in relation to the 1986 Rules cannot restrict eligibility under the 1987 Rules; General Line Officials in RMS are eligible for promotion against the 6% posts by departmental competitive examination.

Parties
Appellant: Sawan Ram Malra; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
13 September 1995
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal, Chandigarh Bench
Outcome
Appeal allowed
Legal Topics
Department of Posts, Postal Superintendent/postmasters Group B Recruitment Rules 1987, Promotion, Eligibility Criteria
Service Law Department of Posts Postal Superintendent/postmasters Group B Recruitment Rules 1987 Promotion Eligibility Criteria

Case Brief

Summary, issues, holding and outcome

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Parties

Sawan Ram Malra

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal, Chandigarh Bench

Legal Issues

  1. 1 Whether General Line Officials in Railway Mail Service (RMS) are eligible for promotion to Postal Superintendent/Postmasters Group B posts under 6% quota as per the Department of Posts, Postal Superintendent/Postmasters Group B Recruitment Rules, 1987

Ratio Decidendi

Clarifications issued prior to the 1987 Rules and in relation to the 1986 Rules cannot restrict eligibility under the 1987 Rules; General Line Officials in RMS are eligible for promotion against the 6% posts by departmental competitive examination.

Court Disposition

Appeal allowed

Orders

  • Respondents to consider appellant for promotion to Postal Superintendent Service Group B/Postmasters Service Group B against 6% posts reserved for General Line Officials, based on result of departmental competitive examination conducted in October 1988
  • If eligible, appellant to be promoted with effect from the date others were promoted on the basis of the same examination