P.K. VINU, ACCOUNTS OFFICER, THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY Vs. THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY, MPEDA

JUDGEMENT

(1.) This is an appeal filed by the writ petitioner in W.P. (C) No. 22867 of 2013 against the judgment dated 20.3.2015 of the learned Single Judge. The writ petition was filed by the appellant challenging Ext.P8 order of the first respondent promoting the third respondent to the post of Deputy Director (Personnel).

(2.) The appellant entered service as a Junior Stenographer in 1987. He was promoted as Accountant on 7.7.1992 as per Ext.P1. Later on, he was promoted as Senior Accountant on 11.2.2004 and as Accounts Officer on 9.4.2009. The third respondent is also a person who was similarly promoted as Accounts Officer. While so, the post of Deputy Director (personnel) fell vacant on 31.5.2011.

(3.) At the time when the vacancy arose, neither the appellant nor the third respondent were qualified for being considered for promotion to the said post. This is for the reason that, four years service as Accounts Officer was the eligibility criterion for being considered for such promotion. The appellant completed four years on 9.4.2013, while the third respondent completed the period of four years on 5.8.2013. A Departmental Promotion Committee (DPC) was convened on 5.8.2013. The DPC considered both the appellant and the third respondent for promotion and promoted the third respondent by issuing Ext.P8 order. The third respondent joined duty on the same day. It was challenging Ext.P8 that, the appellant had approached this Court.