JUDGMENT B.A. Zaidi, J.
1. The 9 petitioners are BSNL employees, who were initially appointed in the year 1982 as Junior Hindi Translators in Department of Tele Communication, Government of India, which subsequently gave origin to BSNL on 1.10.2000 in a Government of India undertaking.
2. On 10.7.1995 the petitioners were promoted on local officiating basis as AD (OL) in the office of the General Manager Tele Com. respondent No. 6 and since then they are working as Addl. Directors (OL).
3. Their case is that the promotion Rules at the first time, regarding them were framed by respondent No. 3. These Rules thereinafter referred to Old Rules) are Annexure - 2 on the record. Sub (iv) of Rule 10 of the Rules provided interalia, that these Rules shall remain in force for three years, and promotions will accordingly be governed their under. It will appear, column 12 of these Rules, provided the promotion on fifty percent of the vacant posts of AD(OL) by seniority-cum-fitness from Senior Hindi Translators with three years regular service in the Grade and Junior Hindi Translators with eight years of regular service in the Grade, and fifty percent by direct recruitment (through examination).
4. Respondent No. 3, C.M.D. Chairman B.S.N.L. subsequently on 1.10.2005 framed another Rules for promotion, which are Annexure -3 on the record ( hereinafter called the New Rules) and which prescribe an examination for promotion for the post of 'Rajbhasa Adhikari', a new name given, to the post of A.D. ( OL), for the said employees.
5. We have heard Sri Shashi Nandan, learned Senior Counsel, assisted by Sri Mahendra Prakash, for the petitioners and Sri B.N. Singh for the respondents.
6. Framing of this new provision has irked the petitioners , and that is how, they have come up before us under Article 226 of the Constitution of India with a prayer to quash the New ( Recruitment) Rules, the letters dated 1. 10.2005 and 29.10.2005 ( Annexures- 4 and 5 to the writ petition) sent by respondent No. 5 asking the petitioners to appear in the limited initial competitive examination for their promotion ( as Rajbhasha Adhikari) to restrain the respondents from interfering in the working of the petitioners as A.D, ( OL) and to continue to pay their emoluments regularly, fixing their CDA pay scale, given in the petition.
7. The counsel for the respondents has not disputed the factual position of the case noted here. Therefore, we are going to decide the matter here and now finally.
8. The relevant old and New Rules are here in as Under:
OLD RULES OF DECEMBER 24, 2002 ( Annexure - 2 )
(iii) There are many Sr. Hindi Translators/Jr. Hindi Translators and Group-C officials who have been given adhoc promotions to the grade of AD (OL) in field formations of BSNL. In order to avoid legal and administrative complications, as a one time measure, it is provided that all the vacancies in the grade of AD (OL) in the first year of recruitment, irrespective of vacancies earmarked for promotional quota or direct quota, shall be filled up by promotion on seniority-cum-fitness basis, by following due procedures, amongst those officials who have been officiating as AD (OL) in BSNL subject to their fulfilling the basic qualifications and experiences in column 12 of the Schedule annexed to these Rules Rule 10 (iv) These Rules will be subject to review after a period of three recruitment years.
NEW RULES OF AUGUSTS, 2005 (ANNEXURE-3) Schedule
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The post of' Rajbhash Adhikari will be "Circle-Grade Post' Promotion of Sr. Hindi Translator/Jr. Hindi Translator & Group-C officials ( as mentioned above) to the Grade of Rajbhasha Adhikari shall be made on the basis of' Circle Merit - List' drawn through Limited Internal Competitive Examination (LICE) conducted by Corporate Office BSNL.
8. The main and the central contention from the side of the petitioners is that since the Old Rules specifically stated that since these Rules will remain effective for three years ,it was not for the respondent No. 3 to change these Rules before three years, and to formulate new set of rules, changing the basic structure of promotion, as petitioners who were already working on the post of AD ( OL) as far back as since 10.7.1995 on local officiating basis.
9. We agree with the contention of the learned counsel for the petitioner, because, Law and Equity as well as Honesty and Fair Play jointly provide support of the petitioners' contention, that once it has been laid down in the old Rules (Rule 10 (iv) ) that they will not be changed for three years, respondent No. 3 BSNL, who is a Government of India enterprise, cannot change the Rules before expiry of three recruitment years, and cannot formulate a new set of Rules detrimental to the interests of the petitioners. This undertaking given by the respondent No. 3 in the earlier Rules, is sacrosanct, and the respondent No. 3 is bound to honour the same. They cannot and should not be allowed to say, a good-bye from the same. If they wanted to retain the right to change Rules, they should not have given an undertaking by framing Sub-rule (iv) of Rule 10 of the Old Rules. But once they have given this assurance in the Rules, the respondents cannot and should not be allowed to turn around and resile from the same.
10. Before closing, we may refer to the case of Y.V. Rangaiah and Ors. v. J. Sreenivasa Rao and Ors. AIR 1983 SC 852 which was produced by the learned counsel for the petitioners, wherein the Supreme Court said, that if the vacancies occurred prior to the amendment of the Rules, they would be governed by the Old Rules, and not by the New Rules. That is not the situation here. The primary and core question, here, is that the subsequent Rules are themselves invalid, because respondents have disentitled, themselves to frame New Rules, before the lapse of three years.
11. The petitioners are, therefore, entitled to relief. The new set of Rules framed by the respondent No. 3 BSNL( Annexure - 3) dated 5th August, 2005 are hereby quashed. The other reliefs will automatically follow. Petition allowed accordingly.