S. L. SACHDEV & ANR. versus UNION OF INDIA & ORS.

S. L. SACHDEV & ANR. versus UNION OF INDIA & ORS.

The Director General's directions prescribing promotion quotas for UDCs drawn from Audit Offices at 10%/20% are discriminatory and arbitrary as all UDCs, once integrated into a single cadre with identical duties and pay, must have equal promotional opportunities and can only be classified for promotion based on objective criteria such as length of service. The impugned directions are unconstitutional and invalid.

Parties
Petitioner: S. L. Sachdev; Petitioner: S. L. Sachdev (co-petitioner); Respondent: Union of India; Respondent: Director General of Posts & Telegraphs, New Delhi; Respondent: Post Master General, Delhi Circle; Respondent: Post Master General, Tamil Nadu Circle; Respondent: Respondents 5-10 and 13; Respondent: Respondents 1-4; Respondent: Respondents 14-47
Jurisdiction
India
Judgment Date
28 October 1980
Procedural Posture
Writ Petition Under Article 32 / Decision on Writ Petition
Outcome
Petition partly allowed
Legal Topics
Promotion in Public Service, Equality Before Law, Discrimination in Public Employment
Constitutional Law Service Law Promotion in Public Service Equality Before Law Discrimination in Public Employment

Case Brief

Summary, issues, holding and outcome

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Parties

S. L. Sachdev

Petitioner

S. L. Sachdev (co-petitioner)

Petitioner

Union of India

Respondent

Director General of Posts & Telegraphs, New Delhi

Respondent

Post Master General, Delhi Circle

Respondent

Post Master General, Tamil Nadu Circle

Respondent

Respondents 5-10 and 13

Respondent

Respondents 1-4

Respondent

Respondents 14-47

Respondent

Procedural Posture

Writ Petition Under Article 32 / Decision on Writ Petition

Legal Issues

  1. 1 Whether the classification of Upper Division Clerks (UDCs) for promotion to Selection Grade/Head Clerks cadre based on their source of recruitment (Audit Offices or other departments) and the limiting of promotional posts available to them to 10%/20% is discriminatory, arbitrary, and unreasonable under Articles 16 and 309 of the Constitution.
  2. 2 Whether the Director General could issue directions inconsistent with the Recruitment Rules framed under Article 309.

Ratio Decidendi

The Director General's directions prescribing promotion quotas for UDCs drawn from Audit Offices at 10%/20% are discriminatory and arbitrary as all UDCs, once integrated into a single cadre with identical duties and pay, must have equal promotional opportunities and can only be classified for promotion based on objective criteria such as length of service. The impugned directions are unconstitutional and invalid.

Court Disposition

Petition partly allowed

Orders

  • The directions issued by Respondent 2 (Director General) dated May 16, 1975 and May 29, 1965 limiting UDCs from Audit Offices to 10%/20% promotion quotas are quashed.
  • Petitioners and similarly situated persons are to be promoted to Selection Grade/Head Clerks Cadre with effect from the dates on which they were due, applying seniority-cum-fitness.