DODDAMAHADEVAIAH Vs. NEW MANGALORE PORT TRUST

JUDGEMENT

(1.) BOTH these writ appeals are preferred against the same order of the learned Single Judge dated 10. 3. 1999 in W. P. No. 19846/1996. Hence both the writ appeals were clubbed and heard together and they are being disposed of by this common judgment.

(2.) THE short question that arises for our decision is whether the selection and appointment of Sri Doddamahadevaiah, who is the appellant in Writ Appeal No. 2219 of 1999 to the post of Deputy traffic Manager by the management of the New Mangalore Port trust, Mangalore (for short the management) is in accordance with law or not.

(3.) THE facts are not in controversy. The feeder cadre to the promotional post of Deputy Traffic Manager is Assistant Traffic manager. The appellant Doddamahadevaiah and appellant in Writ appeal No. 2255 of 1989, namely, A. Sundara Raman belong to SC community. In the final seniority list of Assistant Traffic Managers, doddamahadevaiah is placed at Sl. No. 8, whereas Sundara Raman is placed at Sl. No. 2. The post of Deputy Traffic Manager in terms of cadre and recruitment rules, has to be filled up by way of promotion by selection. When a vacancy in the post of Deputy Traffic manager, earmarked for the SC community arose in terms of roster, the Departmental Promotion Committee (D. P. C.) constituted by the management assessed the relative merits of the Sriyuths doddamahadevaiah and Sundara Raman and selected doddamahadevaiah for the post of Deputy Traffic Manager and accordingly he was appointed to that post by the management.