HANY GUPTA Vs. MADRAS PORT TRUST

JUDGEMENT

(1.) The two appellants in these two appeals had filed two separate writ petitions challenging the order of the promotion made by the Chairman on 22nd December 1979 promoting eight persons out of whom six persons were Junior Engineers being degree holders and two were General Foremen. All these were promoted as temporary Assistant Executive Engineers. The contention of the petitioners who are diploma holders before the learned single Judge was that the ratio of 1 : 4 between the diploma holders and the Junior Engineers was an arbitrary exercise of the power by the Chairman and that the Chairman had no power to fix the ratio for promotion of Foreman and Junior Engineers to the post of Assistant Executive Engineers. These contentions have been negatived by the learned Judge and that order is challenged in these appeals.

(2.) Admittedly, both the appellants initially entered the service of the Port Trust as Supervisor Grade II. The next promotional post of the Supervisor Grade II is Supervisor Grade I and Supervisor Grade I is then promoted as Foreman. Vacancies in the posts of Assistant Executive Engineers were to be filled in by promotion from two categories of employees, that is, from amongst Foremen and from amongst Junior Engineers.

(3.) In exercise of the power under S.28 of the Major Port Trusts Act, 1963, the Port Trust had made certain regulations which are known as the Madras Port Trust Employee's (Recruitment, Promotion etc.) Regulations, which came into force on the 1st April 1979. Regn. 5 with which we are concerned is as follows :