SUPERVISORS UNION, BHEL/BAP/RANIPET REP BY ITS GENERAL SECRETARY, K STALIN Vs. CHAIRMAN; CUM MANAGING DIRECTOR; BHEL; CORPORATE OFFICE

JUDGEMENT

(1.) Petitioner has filed the above writ petition praying to issue a writ of mandamus directing the first and 2nd respondents to frame detailed and exhaustive rules relating to promotion from one post to another in the same cadre or to the higher cadre by prescribing definite eligibility criteria like qualifying years of service, qualifications and to provide a mechanism for assessment and performance general suitability and potential for higher responsibility with in build right to represent in case of adverse remarks or comments during assessments.

(2.) The writ petitioner would further point out that the department promotion committee for considering the promotion would broadly include factors such as qualifications, performance, general suitability and potential for higher responsibility and the rules are silent as to who should assess the performance, general suitability or potential of the employees and the manner such assessment, since there is no definite guidelines or rules for assessing of the same. Pointing out such other grey errors in the promotional matters at various levels the petitioner union would ultimately pray to the relief extracted supra.

(3.) In consideration of the facts and circumstances brought forth, and upon hearing the learned senior counsel appearing for the petitioner, it further comes to be known that the petitioner union has not been heard by the respondents in spite of repeated representations made on their part in person and through their advocate and therefore, this Court is of the view that a direction issued to the first and second respondents in the following manner will serve the ends of justice at the moment.