T. PADMANABHAN Vs. F.A.C.T. LTD.

JUDGEMENT

(1.) The petitioner is a Deputy Materials Manager (Acting) in the employ of the 1st respondent - The Fertilisers and Chemicals, Travancore Limited. The Deputy Manager (Materials), Deputy Manager (Development) etc., are in the scale of pay of Rs. 1550-2260. In this Original Petition he prays that the respondent may be directed by the issue of a writ of mandamus to make the appointment of the petitioner to the post of Deputy Manager (Materials) permanent from 1977 or from 1st May 1980, when the respondent filled up one post of Deputy Manager (Materials) by promoting Sri S. Parasuraman, or in the alternative from 1st June 1981 on which date the petitioner completed 15 years Managerial Experience under the amended rules. There is also a prayer to quash Ext. P-4 (Ext. P-5), dated 1st September 1981 promoting the 2nd respondent to the post of Deputy Manager (Materials) (scale Rs. 1550-2260) and Ext. P-6, dated 1st September 1981 promoting the 3rd respondent also to the said post (scale Rs. 1550-2260). Respondents 2 and 3 are persons who were promoted as early as 1st September 1981.

(2.) The short facts necessary to understand the scope of the controversy raised in the O. P. are as follows:

(3.) On behalf of the first respondent company, the following five aspects were high-lighted during the arguments stating that the petitioner is not entitled to any relief: