MANIKKAN K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Exhibit P5 Circular No.23514/BPE/87/PLG dated 5.7.1988, issued by the Chief Secretary, Planning and Economic Affairs, BPE Department, says that the Chief Executives of all Public Sector Undertakings are to review and amend the relevant special Rules/executive orders of their respective undertaking in which "experience" has been prescribed as one of the qualifications for recruitment to any post, to the effect that such "experience" qualification will not be applicable in the case of Scheduled Caste/Scheduled Tribe candidates. It further says that scheme should be drawn up by each public sector undertaking to give appropriate training, wherever necessary, to such candidates consistent with the requirements of efficiency and the needs of the job after recruitment. The question posed in this writ petition is whether a person belonging to a Scheduled Caste, who responded to the selection process to the post of Railway Liaison Officer (RLO) which is stated to be in M6 grade in the notification calling for application, can, on being selected to be appointed to the post, be placed in the lower grade M7, solely on the ground that the candidate did not have the "experience" qualification. The answer is an emphatic "NO". The facts and reasons follow.

(2.) Heard Sri U.Balagangadharan on behalf of the petitioner, Smt.G.Ranjita, Government Pleader for the 1 st respondent and Smt.Latha Anand, Standing Counsel for the respondents 2 and 3.

(3.) The petitioner was initially recruited to the post of Clerk (Junior Assistant) Grade II in Sales Department of the 2 nd Respondent (hereinafter referred to as the company). He was promoted as Junior Assistant Grade III on 21.6.1999, as Assistant Grade IV on 21.6.2004 and as Senior Assistant thereafter in the Sales Department. He also claims that he has served in the Personnel and Administration Department from 10.3.1995 to 31.8.2002. There is no want of academic qualification, since the petitioner possesses B.Sc. degree, Higher Diploma in Co-operation, MA, MBA and MPhil.