KARNATAKA STATE HANDICRAFTS DEVELOPMENT CORPORATIONSCHEDULED CASTES AND SCHEDULED TRIBES EMPLOYEES ASSOCIATION Vs. KARNATAKA STATE HANDICRAFTS DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) the points for consideration in this writ petition are :

(2.) a few facts which are necessary to dispose of this writpetition are: the petitioner herein is an association of the employees of scheduled caste and scheduled tribe in respondent handicrafts development corporation. The respondent is a state undertaking. It has different categories of employees in its organization. As per the cadre and recruitment rules of the respondent, there are-different types of posts to be filled up by way of direct recruitment and promotion. According to the petitioner's association, it is always espousing the cause of its members belonging to sc/st in the matter of recruitment and promotion. It is dissatisfied with the way in which the corporation is treating its members in the matter of promotion and other benefits. According to it, the corporation is trying to circumvent the guidelines of the government order dated 27-4-1978 and the circulars issued by the government time and again in the matter of recruitment and promotion. It is the complaint of the petitioner that the corporation is not taking steps to give promotions to the persons belonging to sc/st on the basis of roster. One such action of respondent-corporation is the office order at Annexure-A dated 4-3-1992 captioned as 'time-bound advancement of pay scale' to the staff of the corporation pursuant to the resolution dated 20-1-1992 of the corporation. In the preamble of the said office order it is mentioned that the same shall be granted to employees holding the posts carrying pay scales specified in column (2) thereof. The conditions stipulated to receive the said benefit are: (1) the employee shall have put in not less than 15 years continuous service in the same post on or after 20-1-1992; (2) there should be satisfactory record of service, which will be determined in the same manner as merit is determined for promotion on seniority-cum-merit basis; and (3) the employee should be qualified and eligible for promotion in accordance with the rules applicable to the promotional post. Issuance of the said order has driven the petitioner to this court.

(3.) according to the petitioner, the order at Annexure-A isnothing but an intelligent way of circumventing the orders issued by the government and also to prevent the persons belonging to scheduled castes/scheduled tribes seeking promotion since the said order confers monetary benefit on officials. According to it, the order of Annexure-A is not only arbitrary but is violative of article 16(4) of the Constitution and also contrary to the law laid down by the Supreme Court in p and t scheduled caste i tribe employees' welfare association v union of India which has been referred to by this court in iti SC and ST employees' welfare association v union of india.