REKHA G Vs. TRACO CABLE CO LTD

JUDGEMENT

(1.) In this writ petition the petitioner and the 4th respondent, who are employees of the 1st respondent company, vie with each other for the post of Confidential Assistant to the Managing Director of the company. That post is a promotion post from the post of Steno Typist Grade I. The petitioner entered service as per Ext.P1 order of appointment on 1.10.1994 as Typist. Her services were regularised by Ext.P3 order dated 6.4.1995. She was further promoted as Steno Typist Grade II by Ext.P5 order with effect from 1.1.1998. While so, the petitioner was again promoted as Steno Typist Grade I by Ext.P12 order with effect from 1.3.2001.

(2.) The 4th respondent was a PSC recruit. She was appointed in the Thiruvalla unit as a Steno Typist Grade II on 27.1.1993. She was temporarily transferred to Irumpanam unit with effect from 21.6.1997 by Ext.P7. By Ext.P8 dated 17.4.1999, she was permanently absorbed in the Irumpanam unit. According to the petitioner, in view of Article VIII of Ext.P11 memorandum of settlement between the unions and the management of the 1st respondent company, inter-unit transfers shall be resorted to only in exceptional circumstances and even if resorted to, the transferred employee will be junior to the existing employees in the same grade of the unit and their posting will not affect the promotion avenues of the lower category persons in the unit. Therefore, according to the petitioner, the 4th respondent having been given a transfer to Irumpanam unit from Thiruvalla unit, she ranks below the petitioner as junior to the petitioner by virtue of Article VIII of Ext.P11. Consequently, the 4th respondent could not have been promoted as the Confidential Assistant to the Managing Director in preference to the petitioner, is the contention of the petitioner. The petitioner, therefore, seeks the following reliefs:

(3.) A counter affidavit has been filed by respondents 1 and 2, wherein, they take the stand that although Ext.P12 order promoting the petitioner as Steno Typist Grade I was with effect from 1.3.2001, by Ext.R1(a) order, the same was kept in abeyance and it continues to be so even now. That means the petitioner was never promoted as Steno typist Grade I. But pursuant to Ext.R1(b) judgment in W.P.(C). No.19360/2005, the case of the 4th respondent was reconsidered and she was absorbed and appointed in the Irumpanam unit as Steno Typist Grade I with effect from 1.3.2001. They would submit that there is only one post of Steno Typist Grade I, which was filled up by the 4th respondent and, therefore, in the cadre of Steno Typist Grade I, the 4th respondent is senior to the petitioner, because of which, the petitioner cannot now aspire for promotion to the post of Confidential Assistant to the Managing Director, which is a promotion post for Steno Typist Grade I in preference to the 4th respondent, is the contention raised by respondents 1 and 2.