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5. The appellants were appointed as Telegraphic during the period 1952 to 1967 and they were appointed as ATMs during the years 1967 to 1982. They were posted in the U.P.Circle. On the basis of the order of Director-General of P&T dated August 17, 1983, the General Manager Telecom, U.P.Circle, Lucknow passed an order dated March 2, 1984 whereby the appellants were reverted to the post of Telegraphist and persons who were working as Telegraphic were appointed on the upgraded posts of LSGTM.

6. Feeling aggrieved by the said order, the appellants filed a writ petition in the Allahabad High Court which was transferred to the Central Administrative Tribunal (hereinafter referred to as 'The Tribunal') under Section 29 of the Administrative Tribunals Act, 1985. The Tribunal, by its judgment and order dated February 28, 1989, partly allowed the application of the appellants to the extent that the reversion of the appellants was quashed and it was held that they were entitled to continue as ATMs and draw the pay scale of the said posts but the Tribunal rejected the claim of the appellants for appointment on the upgraded posts of LSGTMs on the basis of the order dated August 17, 1983. The present appeal is directed against the said order of the Tribunal.

8. Shri Sunil Gupta, the learned Counsel for the appellants, has urged that as a result of the said order, 85% of the existing sanctioned posts of ATMs were upgraded to that of LSGTMs in the pay scale of RS. 425-640 and the balance 15% posts of ATMs were abolished with the result that amongst persons who were holding the posts of ATMs on that date 85% were to be selected for posting on the upgraded post of LSGTM on the basis of their inter se seniority as Telegraphic and the remaining 15% ATMs who were not so selected were to be reverted to the post of Telegraphic though on reversion they would continue to receive the emoluments which they were drawing on the posts of ATMs. The submission of the learned Counsel was that the seniority as Telegraphic was only to be taken into consideration amongst the ATMs who were to be selected for the upgraded posts of LSGTMs and the said order dated August 17, 1983 cannot be construed to mean that all the ATMs would stand reverted to the post of Telegraphist and from amongst Telegraphic promotion would be made on the basis of seniority in the Cadre of Telegraphic on the 85% posts of ATMs which had been upgraded as LSGTMs.

9. Shri J.D.Jain, the learned Counsel for the respondents, on the other hand, has argued that the cadre of ATMs was only an ad hoc cadre and persons who were holding the post of ATMs prior to August 17, 1983 were retaining their lien on the post of Telegraphic and that they could be promoted to the post of LSGTM only on the basis of their seniority in the cadre of Telegraphic and that on account of up gradation of 85% posts of ATMs as LSGTMs appointment on the said upgraded posts could only be made from amongst Telegraphic on the basis of their seniority in that cadre and the appellants could not claim to be appointed on the said upgraded posts by virtue of their being ATMs on the date of passing of the order dated August 17, 1983. Shri Jain has, in this connection, placed reliance on the words "the promotion of ATMs to that of LSGTMs would be on the basis of existing rules," in paragraph 3 of the letter of August 17, 1983 and also on the letter of the Director-General of P&T dated November 29, 1978 whereby it was directed that ATMs would be considered for appointment to the grade of LSGTMs based on their seniority in the gradation list of Telegraphic.

10. It is not disputed by the learned Counsel that there were no statutory rules governing the matter of appointment on the posts of ATM or for promotion from the post of ATM to the post of LSGTM and the matter was governed by administrative orders. It appears that after the creation of a separate pay scale of Rs. 385-560 with effect from January 1, 1973 for ATMs on the basis of the recommendations of the Third Pay Commission, a new cadre of ATMs was created by order August 9, 1974. Subsequently on the basis of the recommendations of the Sarin Committee, it was decided by letter dated August 17, 1983, that the cadre of ATMs in the pay scale of Rs. 380-560 be merged into that of LSGTMs by upgrading 85% posts of ATMs to that of LSGTMs and abolishing the balance 15% of the said posts of ATMs. The merger of cadre of ATMs with that of LSGTMs as envisaged in the letter dated August 17, 1983 could be effected in two ways: by reverting all existing ATMs as Telegraphic and promoting from amongst Telegraphic to the 85% upgraded posts of LSGTMs, as suggested by the respondents or by retaining 85% ATMs and posting them on the upgraded posts of LSGTMs and reverting the balance 15% as Telegraphic, as submitted by the appellants. In paragraph 2 of the letter dated August 17, 1983, it has been stated "and abolish the balance 15% of posts of ATM, by reverting, if necessary, the surplus ATMs as Telegraphic against existing/future vacancies of Telegraphic". This would mean that by order dated August 17, 1983, it was envisaged that from amongst the existing ATMs 85% would be retained and posted against the upgraded posts of LSGTMs and only the surplus 15% would be reverted as Telegraphic. Paragraph 3 of the letter dated August 17, 1983 prescribes the manner of selection of these 85% of ATMs for the purpose of posting as LSGTMs. It cannot be construed to mean that all ATMs have to be reverted as Telegraphic and from amongst Telegraphic promotions would be made for 85% upgraded posts of LSGTMs. In paragraph 3, which provides that "the promotion of ATMs, to that of LSGTMs would be on the basis of existing rules, in the case of existing ATMs, who are eligible to be promoted as LSGTMs by virtue of their seniority as Telegraphic, their promotion as LSGTMs straight for the post of ATM would not involve assumption of duties or responsibilities of greater importance", it is envisaged that there would be promotion of ATMs to that of LSGTMs straight and that the criterion for such promotion would be seniority in the gradation list of Telegraphic as envisaged in the earlier order dated November 29, 1978 wherein it was provided that ATMs were eligible for promotion as LSGTMs on the basis of their seniority in the gradation list of Telegraphic. This is also clear from paragraph 5 of the letter dated August 17, 1983 wherein it is stated "the present pay of such ATMs who get reverted due to non-availability of LSGTM posts, may be protected....". This indicates that the reversion of ATMs to the posts of Telegraphic was to be done only on account of nonavailability of LSGTM posts because all the posts of ATMs were not being upgraded and only 85% posts were being upgraded and the balance 15% posts were being abolished. In paragraph 6 of the letter dated August 17, 1983 it is provided that the 85% upgraded posts would be over and above 20% functional posts of LSGTMs sanctioned as per norms laid down in letter of Director-General of P&T dated October 4, 1980 which means that the 20% posts of LSGTMs which were meant for Telegraphic would not, in any way, be affected by the up gradation of 85% posts of ATMs as LSGTMs. In other words, the rights of existing Telegraphic for promotion to the the posts of LSGTMs were not adversely affected by the up gradation and the up gradation was only limited to the persons who were holding the posts of ATMs on the date of the passing of the order dated August 17, 1983. The Tribunal was not right in taking the view that as a result of the order dated August 17, 1983 all the ATMs were liable to be reverted to the posts of Telegraphic and after such reversion they were to be considered for promotion to the posts of LSGTMs against 85% upgraded posts of LSGTMs along with all the Telegraphic on the basis of their seniority in the cadre of Telegraphic. In our opinion, the selection for the purpose of appointment on the 85% upgraded posts of ATMs as LSGTMs had to be made from amongst persons who were working as ATMs on the August 17, 1983 and the said selection was to be made on the basis of their inter se seniority as Telegraphic.