CHELLAPPA Vs. POOMPUHAR SHIPPING CORPORATION LIMITED

JUDGEMENT

(1.) CHALLENGE in these appeals in the order of dismissing the Writ Petitions made in W.P.(MD) Nos.13509 and 13510 of 2009 and declining to issue mandamus to respondent � Corporation to assign only the work of Junior Manager (Technical). Whether the respondent corporation is to be restrained from assigning the work of Deck Crane Technician cum Operator (DCTO) to the appellants is the point falling for consideration in these appeals.

(2.) THE appellants were appointed on 14.3.1985 at Tuticorin Branch of respondent corporation as Deck Crane Technical cum Operators. The nature of work of DCTO is to operate the Deck Crane for collecting the coal from the hatch of ship. Appellants along with similarly situated D.C.T.Os were stagnated in the said post for several years and they submitted representations requesting Management for their upgradation. Considering the request of appellants and 12 other D.C.T.Os, they were upgraded to the post of Junior Manager (Technical) by an order dated 4.3.2008 subject to the condition that they would continue to discharge the functions of DCTO without claiming supervisory role of the upgraded Post of Junior Manager (Technical). Challenging the said condition that after upgradation they would continue to discharge the function of DCTO, appellants filed W.P.No.6444 and 6445 of 2008 respectively and those writ petitions were dismissed as withdrawn on 27.9.2011.

(3.) ON completion of one year period of probation as DCTOs on 6.3.2009, by proceedings No.PA/001/CONF/AC/HO/09 dated 8.4.2009, appellants were confirmed in the upgraded post of Junior Manager (Technical). Though the probation period was completed, the appellants were allotted the work of DCTOs as per the undertaking given by them at the time of joining the upgraded post.