M. ABDUL MALICK Vs. THE CHAIRMAN/MANAGING DIRECTOR, TAMIL NADU TEA PLANTATION CORPORATION LIMITED, COONOOR, NILGIRIS DISTRICT,

JUDGEMENT

(1.) THE writ petition has been filed for a mandamus, directing the respondents to promote the petitioner as Field Conductor with effect from 12.3.1992, with all consequential benefits.

(2.) IN the affidavit, it is stated that the petitioner was appointed as Forester in the Tamil Nadu Forest Plantation Corporation, Division Trichy by order dated 8 -12 -1977. He was working as Assistant Field Conductor. On 30 -4 -1979 the petitioner was dismissed from service. Challenging the order of dismissal from service, the petitioner raised an Industrial Dispute and by Award dated 12.7.1982 he was reinstated from 12.7.1982 and he was also the General Secretary of the Worker's Union. During that period, he filed W.P.No.564 of 1986 for a direction to fix a quota with respect to promotions. It was dismissed at the admission stage. He filed another Writ Petition W.P.No.9850 of 1986 for a direction to frame standing orders. That was also dismissed on 27.1.1988. Subsequently for certain irregularities, a Charge Memo was given in the year 1986. The petitioner filed W.P.No.6566 of 1986, but he has not challenged the disciplinary proceedings in the said writ petition. The writ petition was disposed in the year 1988 with a direction to conduct an enquiry in accordance with the rules. In the enquiry he was found guilty. Subsequently in the year 1988 punishment of with -holding of increment for one year without cumulative effect was imposed. According to the petitioner, three unqualified persons were promoted with a condition that they shall pass the Account Test for executive within a period of two years. They were juniors to the petitioner. In spite of that they were promoted in the year 1984. Subsequently in the year 1988 two other juniors were similarly promoted. In the year 1992, ten other persons were promoted and again in the year 1993 some more persons were promoted as conductors. The petitioner was denied promotion and therefore the writ petition has been filed for a writ of mandamus to promote him from 12.3.1992 when his juniors were promoted.

(3.) ADMITTEDLY in the service of the petitioner, there was a break in service from 8.1.1986 to 15.1.1986. Though the petitioner challenged it before the appropriate authority he did not succeed in his attempt. Therefore he was treated as a new entrant in the year 1986. He has also passed the Account Test in the year 1988 and qualified himself for promotion. Therefore, as per Clause 5 of the Tamil Nadu Tea Plantation Corporation Limited Service Rules before completing eight years of satisfactory service, he is not eligible for promotion as Conductor and only in the year 1994 he becomes qualified to be considered for promotion. Therefore not promoting the petitioner in the year 1992 or 1993 does not amount to any infringement of any rule.