LAWS(DLH)-2004-5-89

SATYA SAGAR Vs. INDIAN AIRLINES

Decided On May 10, 2004
SATYA SAGAR Appellant
V/S
INDIAN AIRLINES Respondents

JUDGEMENT

(1.) Petitioners are working as Senior Helpers/Helpers with the respondent. They claim that the next promotional post available to them is post of Trainee Technician, promotion to which post has to be effected by way of selection. Their grievance relates to the fact that while effecting promotion to the post of Trainee Technician in the years 2001 and 2002, claim of the petitioners was overlooked. Elaborating on the claim made by the petitioners, they allege that on 4.10.1999, applications were invited from the eligible Helpers/Senior Helpers to fill up 10 posts of Trainee Technicians. The Bench Fitting Test prescribed as per the promotional policy was held on 25.4.2001. Petitioner Nos. 1,2 and 4 qualified at the said trade test but they were not selected.

(2.) On 6.7.2001, the respondent invited applications to fill up 58 further vacancies. Petitioners applied and were required to undergo the trade test afresh. As per the petitioners, such of the petitioners who had qualified the trade test earlier could not be subjected to another trade test. Petitioners were subjected to another trade test on 20.5.2002. Petitioners were declared unsuccessful.

(3.) Stating the facts aforesaid, petitioners filed the petition, inter alia, raising the following grounds: (a) The post of Trainee Technician is a promotional post. Feeder post being the post of Helpers/Senior Helpers. Respondent was efiecting promotion to persons outside the cadre. (b) The method of conducting the trade test was totally arbitrary and unreasonable in as much as the candidates were given a piece of iron sheet and had to cut it to the stipulated size. There was no method to identify as to which sheet was cut by which candidate. (c) Petitioners having qualified the trade test once could not be subjected to a second trade test and further that the subsequent vacancies ought to have been filled up on the basis of the panel prepared for the first trade test as the panel was valid for a period of one year. (d) Ignoring the validity of the panel for one year, second trade test was held in a period of less than one year. (e) Ineligible persons were promoted to the post of Trainee Technician. Ineligible persons being outside the cadre of Helpers/Senior Helpers.