Supreme Court of India

UNION OF INDIA AND ANR.versusMADRAS TELEPHONE SC & ST SOCIAL WELFARE ASSOCIATION

Citation: 2006 INSC 662
Decided: 28 September 2006
Disposal: Disposed off
Bench: B P SINGH

Holding

Seniority and promotion fixed by final judgments cannot be retrospectively altered by a later contrary Supreme Court judgment.

Summary

The Supreme Court was asked to clarify whether seniority and promotion granted to certain Telegraph Engineering Service officers, based on earlier judgments of the Allahabad High Court and the Central Administrative Tribunal that had attained finality, could be altered by later Supreme Court judgments interpreting the 1966 Recruitment Rules. The applicants argued that their seniority, fixed under the earlier rulings, should remain protected despite the Court's later decision in Civil Appeal No. 4339 of 1995 which adopted a different method of determining seniority. The Court held that once a determination of seniority and promotion has become final, it cannot be retrospectively disturbed by a subsequent contrary view. Accordingly, the Court clarified that the seniority and promotion of the applicants, like those of Parmanand Lal and Brij Mohan, remain intact. The application for clarification was allowed, and the Court directed that the seniority lists of the applicants not be revised. The judgment emphasized that the clarification does not lay down a universal principle but merely gives effect to the earlier binding decision.

Issues considered

Whether seniority and promotion granted under judgments that have attained finality can be altered by a later Supreme Court judgment interpreting the recruitment rules differently
Whether the Court should entertain an application for clarification three and a half years after the earlier judgment

Legislation cited

Constitution of Indias. Article 309

Subjects

senioritypromotionservice lawclarificationfinality of judgmentres judicatatelegraph engineering serviceCentral Administrative Tribunalrecruitment rules

Judgment

A UNION OF INDIA AND ANR.
v.
MADRAS TELEPHONE SC & ST SOCIAL WELFARE ASSOCIATION
ANDANR.

SEPTEMBER 28, 2006
B
[B.P. SINGH, S.B. SINHA AND P.K. BALASUBRAMANYAN, JJ.]

Service Law:

c Telegraph Engineering Service, Class-II-Seniority-Fixed pursuant
to decision of High Court-Said dedsion attaining finality-Subsequently
Supreme Court taking a contrary view• but protecting seniority and promotion
granted to the employees like the petitioners therein-Application for
clarification and similar protection by persons whose seniority was fixed on
D the basis of High Court decision, but later affected by subsequent judgment
of Supreme Court-Held, such of the applicants whose claim to seniority and
consequent promotion on the basis of the principles laid down in the
Allahabad High Court's judgment have been upheld or recognized by Court
or Tribunal by judgment and order which have attained finality will not be
adversely affected by the contrary view taken in the judgment **-Since the
E rights of such applicants were determined in a duly constituted proceeding,
which determination has attained finality, a subsequent judgment of a Court
or Tribunal taking a contrary view will not adversely affect the applicants
in whose cases the orders have attained finality -It is clarified that in this
order the Court has not laid down any principle or law having universal
F application, but has only clarified and given effect to an earlier judgment of
this Court rendered in an extraordinary situation-Telegraph Recruitment
Rules, 1966-Post and Telegraph Manual, Vol. JV-Paragraph 206.

*Union of India v. Madras Telephone SC & ST Social Welfare
Association, (20001 9 SCC 71; Junior Telecom Officers Forum and Ors. v.
G Union of India and Ors., (19931 Supp. 4 sec 693; Telecommunication
Engineering Service Association (India) and Anr. v. Union of India and Anr.,
(19941Supp.2 SCC 222 and **Union ofIndia v. Madras Telephone SC & ST
Social Welfare Association, (1997110 SCC 226, referred to.

H 694
U.0.1. v. MADRAS TELEPHONE SC & ST SOCIAL WELFAREASSON. [B.P. SINGH,J.) 695

CIVIL APPELLATE JURISDICTION A
I.A. No. 16.

Civil Appeal No. 4339of1995. B
From the Judgment and Order dated 31.12.1986 of the Central
Administrative Tribunal Madras in T.A. No. 909/1986 and R.A. No. 44/1987.

L. Nageshwar Rao, P.P. Khurana, Dayan Krishnan, Nikhil Nayyar, Gatuam
Narayan, R.K. Kapoor, Mukesh Kumar Verma, Govind Kaushik, Anita Sharma C
(for Anis Ahmed Khan), Hemant Sharma, V.K. Verma, P. Parmeswaran,
Subramonium Prasad and Arvind Kumar Sharma, for the appearing parties and
Parmanand Lal in-Person.

The Order of the Court was delivered by
D
B,P. SINGH, J. This application for clarification has been filed by the
applicants pursuant to the liberty granted to them by order of this Court dated
July 18, 2003 in Petition for Special Leave to Appeal (Civil) No.9189 of2003
in Promotee Telecom Engineers Forum & Ors. v. Secretary, Department of
Telecommunications & Ors. The applicants pray that this Court may be
pleased to clarify that the observations made by this Court in its judgment E
and order reported in [2000] 9 SCC 71 Union of India v. Madras Telephone
SC & ST Social Welfare Association dated April 26, 2000 protects the seniority
and consequent promotion of persons who had judgments in their favour
from th~ Central Administrative Tribunal duly confirmed by this Court which
have thus attained finality. Their seniority and promotion, therefore, cannot F
be disturbed in any manner whatsoever. The respondents who have revised
the seniority list on 22nd, 26th and 28th March, 200 I respectively and
purporting to give effect thereto issued the letter dated March 30, 200 I, must
recognize the finality of the judgments in favour of the applicants and restore
them to their original seniority.
G
To appreciate the controversy it is necessary to refer to the background
in which this question has arisen.

The applicants are/were members of the Telegraph Engineering Service
Class II. Before coming into force of the Telegraph Engineering Service Class
H
696 SUPREME COURT REPORTS [2006) SUPP. 6 S.C.R.

A II Recruitment Rules, 1966 framed in exercise of powers conferred by the
proviso to Article 309 of the Constitution of India, the promotion from the
post of erstwhile Engineering Supervisor Telecom (re-designated as Junior
Engineer) to the post of Assistant Engineer was made in accordance with the
instructions contained in paragraph 206 of Post and Telegraph Manual, Vol.
B IV. These instructions were executive instructions which governed the field
in the absence of statutory rules. In accordance with the aforesaid executive
instructions contained in the Manual promotion to Class II was made according
to the principle of seniority-cum-fitness. Those who passed the qualifying
examination earlier ranked senior as a group to those who passed the
examination on subsequent occasions, i.e. officials who passed the examination
C held in the year 1956 ranked en block senior to those who passed in 1957.
Their seniority inter se, however, was determined according to their seniority
in the cadre of Engineering Supervisors. However, with the coming into force
of the Recruitment Rules, 1966 w.e.f. June 15, 1966, the method of determining
seniority was changed. It was provided that the Engineering Supervisors
must complete 5 years of service to be eligible for appearing at the departmental
D qualifying examination. The same requirement existed earlier as well, but under
para (v) of Appendix I of Recruitment Rules, the eligibility list of candidates
for consideration of the Departmental Promotion Committee was to be prepared
in accordance with the instructions as may be issued by the Government from
time to time. Accordingly, the Government of India, Department of
E Communication issued instructions dated June 28, 1966 prescribing the
procedure for the preparation of eligibility list of the officers for being placed
before the Departmental Promotion Committee. The instructions required the
preparation of a separate list for each year of recruitment. Para (v) of the
instructions provided that all officials of a particular year of recruitment/
appointment, who had qualified in the examination, would rank en-block
F senior to those officials of the same year of recruitment/ appointment, who
qualified in subsequent examination. It would thus appear that in the matter
of promotion the emphasis shifted from the year of passing the examination
to the year of recruitment/ appointment of the candidate concerned.

G In the year 1981 one Shri Parmanand Lal (1966 batch) and Brij Mohan
(1965 batch), both of whom qualified in the qualifying examination held in
1974, filed two writ petitions complaining of their placement in the eligibility
list below the last man who passed the qualifying examination in 1975. The
department contended that the eligibility list had been arranged on the basis
of seniority, based on the year of recruitment and ignoring the year of passing
H the qualifying departmental examination, as required by the Recruitment
U.O.L 1·. MADRAS TELEPHONE SC & ST SOCIAL WELFARE ASSON. [B.P. SINGH, J.] 697

Promotion Rules of 1966. The Lucknow Bench of Allahabad High Court A
considered the submissions urged before it in the light of the Recruitment
Rules of 1966 as also the Rules of 1981 and para 206 of the P & T Manual
and concluded that those who qualified in the departmental examination
earlier were entitled to be promoted prior to those who qualified later,
irrespective of the year of their initial recruitment. It was .held that para 206 B
of the Manual was not in conflict with either the Rules of 1966 or 1981, but
was supplemental to those Rules. Relief was accordingly granted to the writ
petitioners based on the interpretation of the Rules and para 206 of the P &
T Manual.

Petitions for Special Leave to Appeal were preferred by the Union of C
India challenging the aforesaid decision of the Allahabad High Court which
were numbered as Special Leave Petition Nos. 3384-3386 of 1986. By Order
of April 8, 1986 this Court dismissed the special leave petitions observing as
follows:

"Special leave petition is dismissed on merits. In the facts and D
circumstances of the present case, we are not inclined to interfere with
the judgment of the High Court except to a limited extent".

It is the case of the applicants that following the judgment of the
Allahabad High Court several petitions were allowed by the Principal Bench,
Central Administrative Tribunal seeking identical relief. The Principal Bench E
by a detailed order of June 7, 1991 allowed the applications and issued
directions for re-fixation of seniority, keeping in view the relevant recruitment
rules and para 206 of the Manual. The Order of the Principal Bench of the
Central Adininistrative Tribunal dated June 7, 1991 was challenged before this
Court both by the Union of India and Junior Telecommunication Officers
Association (India) representing the case of some of the aggrieved officers. F
The Special Leave Petition Nos.19716-19722 of 1991 were dismissed on January
6, 1992. While dismissing the special leave petitions this Court observed:-

"These special leave petitions are directed against the judgment of
the Central Administrative Tribunal, Principal Bench, Delhi dated June G
7, 1991. The Principal Bench has followed the judgment of the Allahabad
High Court in Writ Petition Nos.2739 and 3652 of 1981 decided on
February 20, 1985. SLP (C) Nos. 3384-86of1986 against the judgment
of the Allahabad High Court have already been dismissed by this
Court on April 8, 1986. We see no grounds to interfere. Special Leave
petitions are dismissed". H
698 SUPREME COURT REPORTS (2006) SUPP. 6 S.C.R.

A Subsequently, the same questions were again agitated before this Court
in [1993] Supp 4 SCC 693 Junior Telecom Officers Forum and Ors. v. Union
of India and Ors., This Court while dismissing the writ petition before it
observed:-

"Though learned counsel for the parties have referred to some
B judgments on the questions of res judicata, constructive res judicata
and the binding nature of a precedent, we do not think it is necessary
to refer to any of those judgments as in the facts and circumstances
of this case, and from what we have noticed above, we are satisfied
that the issues which the petitioners now wish to raise had been
agitated directly and substantially not only by JTOA, which was
c espousing their cause in the earlier litigation right up to this Court,
but also by the Union of India. The order made by this Court in SLP
(C ) Nos.3384-86 of 1986 interfering with the judgment of the Allahabad
High Court to a limited extent is an order made on the merits of the
case as is quite apparent from the expressions used in that order and
D is a binding precedent. The issues were again raised and agitated by
the Union of India as well as JTOA in SLP (C) Nos.19716-22of1991
against the judgment of Principal Bench of CAT. dated June 7, 1991
unsuccessfully. Those judgments have settled the controversy and
have become final and binding in respect of the questions debated
therein and the issues settled thereby and as was observed by a
E Constitution Bench of this Court in Makhan/al Waza v. State of J &
K, the Union of India and its officers are bound to follow the same
even ifthe members of the Forum or a majority of the engineers were
not individually parties in the case before the Allahabad High Court.
Since, the issues now raised have been agitated twice over, it is not
F permissible for the petitioners to once again reagitate the matter by
coming now under the 'cloak' ofa Forum. The preliminary objection,
therefore, must succeed and is upheld. The writ petition is accordingly
held not maintainable and dismissed".

The applicants contend that following the judgment of the Allahabad
G High Court and the Supreme Court, the Benches of the Central Administrative
Triuunal decided a large number of cases. In some of the cases appeals were
preferred by the Union of India before this Court which were rejected by this
Court. The applicants have referred to the judgment of this Court in [ 1994]
Supp 2 SCC 222 Telecommunication Engineering Service Association (India)
H and Anr. v. Union of India and Anr.; wherein in substance the view of the
U.0.1. v. MADRAS TEL;PHONE SC & ST SOCIAL WELFAREASSON. [B.P. SINGH, J.] 699 ·

Allahabad High Court was approved by this Court by dismissal of the special A
leave petitions. The Tribunal in that case had held that the decision of the
Allahabad Bench in the case of Parmanand Lal and Brij Mohan and the
judgments of the Tribunal following the said decision lay down good law and
constitute good precedents to be followed in similar cases. The Tribunal
accordingly rejected the contentions of the appellants to the contrary and
further held that having urged before the Supreme Court their various B
contentions, and their SLPs having been dismissed, they could not agitate the
matter before the Tribunal. This Court observed :-

"So far as the first point is concerned, it appears that the
interventionists filed parallel proceedings through Junior Telecom C
Officers' Forum ~. Union of India, and this Court (J.S.Verma and
Anand, JJ.) in an elaborate judgment took the same view as that of
the Allahabad High Court noticed by the Principal Bench of the
Tribunal in the aforesaid case of Parmanand Lal and Brij Mohan
which has become final and has been upheld by this Court on merits.
It is thus not necessary to dwell on the first question decided by the D
Principal Bench any further".

It would thus appear that this Court upheld the view of the Allahabad
High Court in the case of Parmanand Lal and Brij Mohan. This view was
upheld by this Court by dismissing the special leave petitions against the said
judgment. The same view was reiterated by this Court in [1993] Supp 4 SCC E
693 Junior Telecom Officers Forum and Ors. v. Union oflndia & Ors., and
[ 1994] Supp 2 SCC 222 Telecommunication Engineering Service Association
(India) and Anr. v. Union of India and Anr.,

It appears that the Madras Telephone SC & ST Social Welfare
Association had filed a writ petition before the Madras High Court with a F
prayer that the eligibility list must be prepared by determining the seniority
on the basis of confirmation as Junior Engineer. That list should form the
basis for promotion to Class II Service. The writ petition stood transferred to
the Central Administrative Tribunal and the Tribunal by its judgment dated
December 31, 1986 held that the year of recruitment for the purpose of G
seniority is extraneous and irrelevant and accordingly directed that the
. eligibility list be arranged according to the year of passing the qualifying
examination. As amongst those who pass the examination in the same year,
the list should be according to their merit as seen from the marks obtained
,in the examination. The judgment of the Tribunal was challenged before this
H
700 SUPREME COURT REPORTS [2006) SUPP. 6 S.C.R.

A Court in Civil Appeal No.4339 of 1995 and the judgment of this Court is
reported in (1997) 10 SCC 226 Union of India v. Madras Telephone SC & ST
Social Welfare Association; This Court held :

"From the aforesaid clause read with instructions, it is clear that the
eligibility lists have to be prepared according to the year of recruitment/
B appointment. The respondent's case, before the Tribunal, however,
was that the said lists should be prepared not with reference to the
year of recruitment/ appointment but with reference to the year of
confirmation. The Tribunal neither accepted their statement nor did it
uphold the Department's case but directed that these lists should be
prepared on the basis of the year of the passing of the Departmental
c Qualifying Examination and not on the basis of the year of recruitment/
appointment. In our opinion what the Tribunal has done really amounts
to rewriting the rule which should not have been done by it. The
appeal is accordingly allowed. The order of the Tribunal is set aside.
For the same reasons, the order dismissing the review filed by the
D Union of India, by the Tribunal, is also set aside. No costs".

In Civil Appeal No.4339 of 1995~ 'the notice of this Court was not drawn
to the earlier judgments of this Court, wherein the Allahabad High Court view
had been approved namely, the order of this Court dismissing the special
leave petition in Parmanand Lal and Brij Mohan case, and the judgments
E reported in (1993) Supp 4 SCC 693 Junior Telecom Officers Forum and Ors.
v. Union of India and Ors., and (1994) Supp 2 SCC 222 Telecommunication
Engineering Service Association (India) and Anr. v. Union of India and Anr.,
.The judgment of this Court does not notice the judgments aforesaid.

In view of the earlier judgments of this Court and the later judgment in
F Civil Appeal No.4339 of 1995, whieh apparently took a contrary view, the
Union of India found difficulty in implementing the order of this Court and,
therefore, it filed an application for clarification which came to be disposed
of by this Court along with other applications, petitions and civil appeals, by
a common judgment reported in (2000) 9 SCC 71 Union of India v. Madras
G Telephone SC & ST Social Welfare Association. Shorn of unnecessary details
this Court took the view that the judgment of this Court in Civil Appeal
No.4339 of 1995 reported in [ 1997) I0 SCC 226 laid down the correct law. It
did not. approve the view of the Allahabad High Court observing that once
the statutory recruitment rules came into force and the procedure was
prescribed under the said Rules for preparation of eligibility list of officers for
H
U.0.1. •·MADRAS TELEPHONESC&STSOCIAL WELFAREASSON. [B.P. SINGH,J.) 701

promotion to the Engineering Service Class II by Notification dated June 28, A
1966, it is that procedure which has to be adopted, and the earlier administrative
instructions contained in para 206 of the P & T Manual cannot be adhere to.
It observed that the contrary conclusion of, the Allahabad High Court was
undoubtedly incorrect. However, it made a pertinent observation with which
we are concerned in the instant application. While upholding the correctness
of the law as declared in [ 1997] 10 sec 226, it was clarified as follows:- B
"We, however, make it clear that the persons who have already
got the benefit like Parmanand Lal and Brij Mohan by virtue of the
judgments in their favour, will not suffer and their promotion 1,1.lready
made will not be affected by this judgment of ours".
c
By the same judgment this Court also disposed of the appeal pre,ferred by
Parmanand Lal which was directed against the Order of Central Administrative
Tribunal dated April 11, 1997. Parmanand Lal had approached the Tribunal
challenging the order of reversion because of judgments of diff~rent Tribunals
and of this Court. This Court observed that though the correctness of th~ D
view in [ 1997] I0 SCC 226 had been upheld, promotions already effected
pursuant to the judgment of the Allahabad High Court which was upheld by
this Court by dismissing the special leave petition tiled by the Union of India,
will not be altered in any manner. That judgment having attained finality and
Parmanand Lal having received the benefit of the said judgment and having
been promoted, could not have been reverted because of some I.ate~ judgments, E
and directions given either by the Tribunals or by this Court. It accordingly,
quashed the order of reversion and also clarified that the seniority of Parmanand
Lal in the cadre of Assistant Engineer, fixed on the basis ofth.e directions of
Allahabad High Court, after dismissal of the special leave p~ition against the
sapie by this Court, i_s not liable to be altered by virtue c.f a different F
interpretation being given for fixation of seniority by different aenches of the
Central Administrative Tribunal.

The applicants claim that their cases are also similar and in fact idi:inticat
to that of Parmanand Lal and Brij Mohan. In their cases as well, the High
Court or the CAT have rendered judgments in their favour pursuant to which G
they have already been promoted on the basis of their seniority c!etermincd
in accordance with the principles laid down by the Allahabad High Court.
Thus, they are covered by the observation earlier quoted in this order wherein
it has been clarified that persons who have already got the benefit like
Parmanand Lal and Brij Mohan by virtue of the judgment in their favour will
not suffer, and their promotion already made will not be affected by that H
702 SUPREME COURT REPORTS [2006] SUPP. 6 S.C.R.

A judgment.
On behalf of the Union of India t~ree main objections have been raised.
In the first instance, it is submitted that this Court should not entertain an
application for clarification three and a half years after the judgment of this
Court dated April 26, 2000. Secondly, it is contended that the applicants are
B seeking clarification from this Court to the effect that though a part of the
...
seniority list should be prepared in accordance with paragraph 206 of the P
& T Manual, the rest of it be prepared in accordance with the 1996 Rules.
Since the larger Bench held that the Statutory Rules of 1966 will supersede
the administrative instructions contained in the Manual, there is no need to
C undertake this exercise as it would result in unnecessary complications. Lastly,
an objection has also been raised on the ground that in the case of Shri
Parmanand Lal this Court had protected his seniority as well as promotion
but in the instant case only the promotion has been protected and not the
seniority.

D So far as the last submission is concerned, we consider the submission
to be hyper technical and does not deserve serious consideration. If the
promotions have been protected, it is only on the basis of seniority determined
by the concerned authority in accordance with the principles laid down in the
earlier judgments.

E So far as the question of delay is concerned, the applicants have
explained that after the judgment of this Court, they have not been sitting idle.
They have referred to the various proceedings taken by them before this
Court, before the Central Administrative Tribunal, New Delhi and thereafter
before the High Court. In fact, while disposing of their writ petition, the Delhi
F High Court in its Order of December 16, 2002 observed that since the issue
involved interpretation of the judgment of this Court in (2000] 9 SCC 71
(supra) the petitioners were free to approach this Court seeking clarification.
The applicants, thereafter filed a Special Leave Petition No.9189 of2003 which
was withdrawn by the petitioners with liberty to seek clarification of the
judgment and order of this Court. We are, therefore, satisfied that this
G application cannot be rejected on the ground of delay.
The question then arises as to whether the applicants can claim the
protection of their seniority and consequent promotion on the basis of
observations and the clarification contained in the judgment of this Court
reported in [2000] 9 SCC 71. Having considered all aspects of the matter we
H are satisfied that those whose cases stand on the same footing as that of
U.O.l. v. MADRAS TELEPHONE SC & ST SOCIAL WELFARE ASSON. [B.P. SINGH, J.] 70~.

Pannanand Lal cannot now be adversely affected by re-detennination of their A
· · seniority to their disadvantage relying on the later judgment of this Court in
C.A. No. 4339of1995 reported in [ 1997] I0 SCC 226 (supra) as affinned by
this Court in its judgment reported in [2000] 9 SCC 71 (supra).
- We, therefore, direct that such of the applicants whose seniority had
been detennined by the competent authority, and who had been given benefit B
of seniority and promotion pursuant to the orders passed by Courts or
Tribunals following the principles laid down by the Allahabad High Court and
approved by this Court, which orders have since attained finality, cannot be
reverted with retrospective effect. The detennination of their seniority and the
consequent promotion having attained finality, the principles laid down in
. later judgments will not adversely affect their cases. C
This Court has clearly clarified the position in its aforesaid judgment.
The observations made by this Court while disposing of the appeal of
Pannanand Lal are also pertinent. This Court clearly laid down the principle
that the seniority fixed on the basis of the directions of this Court which had
attained finality is not liable to be altered by virtue of a different interpretation D
being given for fixation of seniority by different benches of Tribunal,
Consequently, the promotions already effected on the basis of seniority
detennined in accordance with the principles laid down in the judgment of the.
Allahabad High Court cannot be altered.
Having regard to the above observations and clarification we have no E
doubt that such of the applicants whose claim to seniority ~nd consequent
promotion on the basis of the principles laid down in the Allahabad High
Court's judgment in Parmanand Lal's case have been upheld or recognized
by Court or Tribunal by judgment and order .which have attained finality will
not be adversely affected by the contrary view now taken in the judgment F
reported in [1997] I0 SCC 226. Since the rights of such applicants were
detennined in a duly constituted proceeding, which detennination has attained
finality, a subsequent judgment of a Court or Tribunal taking a contrary view
will not adversely affect the applicants in whose cases the orders have
attained finality. We order accordingly.
Before parting with this judgment we may observe that we have not laid G
down any principle or law having universal application. We have only clarified
and given effect to an earlier judgment of this Court rendered in an
extraordinary situation.
RP.
H

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