SASI M K Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who belongs to Scheduled Caste community, has filed this writ petition aggrieved by the denial of promotion to the post of Deputy Rubber Production Commissioner ('Dy.RPC' for short) with effect from the date of promotion of his junior in the year 2010.

(2.) The petitioner joined the Rubber Board on 5.1.1983 as Junior Field Officer. He got further promotions as Field Officer, Assistant Development Officer and thereafter as Development Officer as per Ext.P1 order dated.15.5.2001. In Ext.P2 gradation list of Development Officers as on 31.12006, the petitioner was ranked Sl.No.15. His complaint is that the respondent Board denied him promotion based on the marks in the interview, conducted by a selection committee, by adopting methods of selection contrary to those in the Office Memorandums issued by the Department of Personnel and Training ('DoPT' for short), Government of India and without issuing any rules providing for the same in accordance with law.

(3.) The Rubber Board had issued Ext.P5 O.M directing the 14 Development Officers including the petitioner mentioned therein to appear for an interview to be held on 20.10.2009 for selection to the post of Dy. RPC in the pay band of Rs. 15600-39100 with grade pay of Rs. 6600. The petitioner and others appeared for the interview and thereafter Ext.P6 panel of selected officers was issued on 20.10.2009. The petitioner was not selected. The petitioner submits that the interview was conducted contrary to the provisions contained in the office memorandum Ext.P3 and subsequent orders issued by the Government and the petitioner was liable to be selected for promotion. Several of the juniors of the petitioner were included in Ext.P6 which contained 10 candidates for promotion. Thereafter, as per Exts.P10 and P11 orders issued on 20.7.2010 and 4.11.2010 several of the juniors of the petitioner were again promoted. The petitioner submits that at the relevant time the Board took the view that the petitioner did not qualify in the interview and therefore he did not take up the matter at the relevant time. The promotions of his juniors continued to be made in the years 2011, 2012, 2013, etc.