PARAMESWARAN Vs. F A C T

JUDGEMENT

(1.) PETITIONER joined service of the first respondent company in 1963 and he got promotion as Fireman in 1981. The 4th respondent was promoted to the post of fireman on 27-1-1984. In 1987, petitioner became senior fireman and the 4th respondent became senior Fireman in 1989. The next promotion post is Fire Hydrant Operator/fire Inspector. One C. N. Ramakrishna Pillai , fire Inspector/f. H. Operator retired on superannuation and the petitioner was directed to act as Fire Inspector/f. H. Operator with effect from 6-2-1993. PETITIONER came to know that first respondent has been taking steps to promote the 4th respondent to the post of fire - Inspector/f. H. Operator that arose consequent on the retirement of ramakrishna Pillai. PETITIONER submitted a representation to the third respondent. An interview was held and the 4th respondent alone was called for interview. PETITIONER contends that the 4th respondent alone would be appointed as he is a member of the Scheduled Tribe. PETITIONER also contends that he being senior to 4th respondent is entitled to be promoted as F. H. Operator/fire Inspector.

(2.) RESPONDENTS 1 to 3 filed a counter-affidavit wherein it is contended that a vacancy of Fire Hydrant Operator/fire Inspector arose in Udyogamandal Division of the first respondent company on 5-2-93 consequent on the retirement of one Ramakrishna Pillai. This post is a promotion post falling in Group (C ). In this category, there are 8 posts available in the Division. It is contended that as per the Presidential directives governing promotion of Scheduled Caste and Scheduled Tribe candidates, reservation has to be maintained in the matter of promotion of posts falling under this category also. The 4th respondent was working in the feeder category as senior Fireman. He alone is the eligible' candidate. It is further stated that the respondents are following 40 point Roster and point No. 17 in the Roster is reserved for scheduled Tribe. This vacancy was filled up by a general candidate in the absence of an eligible candidate in that category. The vacancy which arose on account of the retirement of C. K. Thankappan Pillai on 7-7-1992 was filled up by appointing one Ramakrishnan , who is a Scheduled Caste candidate. His appointment was at point No. 22. Point No. 23 in the roster should have been filled up by a Scheduled Caste candidate. But the same was filled up by appointing one M. K. Sadasivan Nair, a general candidate. At the time of filling of point No. 23, the 4th respondent was eligible for promotion, but by mistake it was filled up by appointing a general candidate. This mistake is now being rectified by appointing the 4th respondent to the present vacancy.

(3.) FROM the observation of the Supreme Court it is clear that promotion in reservation as such is not held to be illegal and the same is not stopped forthwith. A period of 5 years time has been fixed for amending the rules relating to reservation in the matter of promotion. Until such time, reservation in promotion has to be followed. Therefore, the contention of the petitioner that the reservation in promotion extended to 4th respondent is illegal, cannot be accepted.