THE COCHIN PORT TRUST Vs. M. SATHEESAN

JUDGEMENT

(1.) W.A.Nos.1678 and 1774 of 2015 are filed against the common judgment in W.P.(C) Nos. 255 and 2245 of 2011. W.A. No. 54 of 2016 is filed by the petitioners in W.P.( C) No. 255 of 2011. Since the issues are common and the writ petitions were disposed of by a common judgment, these appeals were heard together and are being disposed of by this common judgment. For convenience, we shall refer to the documents produced in W.P.(C) No. 255 of 2011, against which W.A. No. 1678 of 2015 has been filed.

(2.) Briefly stated, the facts of the case are that, the Cochin Port Trust, the appellant in W.A.Nos.1678 and 1774 of 2015, is a Major Port Trust constituted under the provisions of the Major Port Trusts Act, 1963. Recruitments, seniority and promotions of the employees of the Cochin Port Trust were governed by the provisions of the Cochin Port Trust (Recruitment, Seniority and Promotion) Regulations, 1964. Insofar as these cases are concerned, the petitioners in W.P. C)Nos.255 of 2011 and 2245 of (2011 are Assistant Engineers and Assistant Executive Engineers of the Mechanical Engineering Department of the Cochin Port Trust, who are engineering graduates. The 1964 Regulations show that the post to which the Assistant Engineer can aspire for promotion is that of Assistant Executive Engineer and the higher post to which an Assistant Executive Engineer can aspire is that of Executive Engineer. As per 1964 Regulations, there was a ratio of 1:1 between diploma and degree holders in the matter of promotion of Assistant Engineers to the post of Assistant Executive Engineers. Similarly, in the case of promotions to the post of Executive Engineer, the Regulations prescribed a ratio of 4:1 in the order of one degree/one diploma/three degree. According to the petitioners, as per the seniority list, they had acquired sufficient seniority for promotion to the higher post.

(3.) It was at that stage, the Government of India issued Ext.P3 communication dated 06.02.2004 recommending cadre restructure in various Port Trusts and induction of first class and second class degree holders with post graduate qualification. Paragraphs 3.8 and 4 of Ext.P3 read thus: