BENNY PAUL Vs. MANAGER PERSONNEL CENTRAL

JUDGEMENT

(1.) THE petitioners in all these cases are seeking issuance of a direction to the respondent to appoint the petitioners in an Executive post known as Foreman E-II, from the date of petitioners' initial appointment and for payment of all consequential benefits including back wages. The petitioners seek for a direction for protection of the last drawn pay of the petitioners as a consequential order to the order of direction.

(2.) THE facts are same/similar in all these cases.

(3.) THE petitioners are the employees of M/s. Bharath Electronics limited (for short, 'bel' ). They were appointed as Engineering assistant-IX in terms of the appointment orders issued to each one of them. The petitioners state that the respondent issued a publication of an advertisement regarding the posts of Assistant Foremen (E-II) and assistant Works Manager (E-III), in its organisation. This advertisement was sent to the Commodore Bureau of Sailors (CABS), cheeta Camp, Mankhurd, Mumbai 400 088 through proper channel by the representative organisation. It is clearly mentioned in the letter about the post, qualification, professional experience in Navy and the candidates who are selected would be placed in any of the above mentioned posts. The respondent also gave the same advertisement in the newspaper in July 1998. The advertisement was given for non-executive and Executive posts. It is clearly mentioned that the executive posts 3 and 4 i. e. , Assistant Foreman (E-I) and Foremen (E-II)is to be accompanied by Crossed demand draft. The petitioners say that basing on the advertisement, they applied for the post of Executive category by paying Rs. 100/- draft. Basing on the application submitted by the petitioners, the respondent sent a letter informing the petitioners to attend written test and interview. In the letter, the respondent added one more category of Engineering Assistant-VIII. The petitioners attended written test and also appeared in the interview and they were successful in the matter. They were selected to the post of Engineering. Assistant-IX. It is non-Executive post. The petitioners state that the respondents are not counting the prior diploma experience of each one of the employees in the same field for 6 to 7 years. They have technical experience. The petitioners state that the appointment of the petitioners in non-executive posts result in degradation on the image of the petitioners.