SREELEKHA S Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellants are working as Junior Assistants-Gr.I in the second respondent Rubber Board, a statutory board constituted under and governed by the Rubber Act, 1947 and the Rules made thereunder. According to the appellants, their names have been included in Ext P1 Gradation list, at serial Nos.40, 43, 44 & 45. It is contended that, though the appellants have the requisite experience and qualification for promotion to the next higher post of Assistant and the person up to serial No.39 in Ext P1 Gradation list was promoted, the appellants were not promoted, in spite of vacancies existing in the post of Assistant. The appellants point out that the next higher post of Assistant is that of Section Officer and that further promotion is to the post of Assistant Secretary. It is submitted that 3 posts of Assistant Secretary and 13 posts of Section Officer are lying vacant and if promotions are effected to those vacancies, the petitioners could be promoted to the consequent vacancies arising in the post of Assistant. It is alleged that in spite of Exts P5 to P11 representations being made by the appellants, no promotion was effected to the higher posts of Section Officer and Assistant Secretary, thereby curtailing the chances of promotion of the appellants. The appellants relied on Exts P15 to P21, in an attempt to demonstrate that promotions had been effected in other posts, while at the same time, refusing to consider the claim of the appellants. The appellants had also produced Ext P14 letter issued by the Government of India, interdicting the second respondent Board from filling up any vacant post and effecting promotions, without prior approval of the Department of Commerce, Government of India. It is contended that Ext P14 does not create an absolute embargo in the matter of promotions and the second respondent could have effected promotions after obtaining approval from the Department of Commerce.

(2.) The Writ Petition was filed seeking a declaration that Ext P14 would not stand in the way of effecting promotion from the post of Assistant to the Post of Section Officer and from the post of Junior Assistant Gr.I to the post of Assistant. The appellants had also sought a direction to the 3rd respondent to effect promotions from the post of Junior Assistant Gr.I to the post of Assistant in accordance with seniority.

(3.) In the counter affidavit filed on behalf of respondents 2 and 3, it was contended that the Government of India had repeatedly pointed out the increasing administrative expenditure of Commodity Boards, in the context of declining budgetary allocations and had directed to take appropriate steps. Ext R2(a) is an Office Memorandum dated 13.1.2017, directing review of the functioning of autonomous bodies like the second respondent Board. As per Ext R2(c) dated 1.2.2017 the Chairmen of Commodity Boards, were directed to send a report regarding the austerity measures undertaken, in order to curtail expenditure. Ext R2(b) is a communication dated 10.4.2017 of the second respondent Board, submitted in response to Ext R2(c), requesting the Department of Commerce, Government of India to grant permission to abolish 323 posts in the Rubber Board, including 4 posts of Assistant Secretary, 14 posts of Section Officer, and 6 posts of Assistant.