HINDUSTAN LATEX LTD Vs. MANIAMMA

JUDGEMENT

(1.) The main question that arises for decision in this writ appeal is whether the denial of promotion to the respondent, Smt. V. Maniamma, to the post of Assistant Security Inspector amounted to sex discrimination interdicted under Art.16(2) of the Constitution.

(2.) This writ, appeal is against the judgment of the learned single Judge in O.P.No. 15626 of 1992 directing the appellant to consider the case of the respondent for promotion to the post of Assistant Security Inspector. The appellant is a public limited company, M/s. Hindustan Latex Limited, the sole respondent in the writ petition.

(3.) The respondent was appointed as Lady Security Guard in the appellant company with effect from 3-3-1984. She is a member of the scheduled caste. She had later obtained the National Physical Efficiency Test Certificate. Subsequently she was promoted to the post of Head Guard on 21-8-1991 on the strength of her seniority in service. The next promotion post available to the respondent is that of the Assistant Security Inspector (A.S.I.). A vacancy arose for this post with effect from 1-9-1992 consequent on the retirement of C. Thankappan Chettiar, who was working as A.S.I. It is the admitted case that this vacancy should have been filled up by a candidate belonging to Scheduled Caste but the respondent was not appointed to the said vacancy even though a request was made by her in that behalf. However, one Ayyappan a general candidate was appointed. Subsequently another vacancy to the post of A.S.I arose on 30-11-1992 consequent on the retirement of one P. Andrews. The respondent made a representation to the appellant company requesting to appoint her to that post. However, no steps were taken by it to promote the respondent to that post. It was in that background the present writ petition was filed by the respondent.