SUTHANTHIRAMURTHY Vs. SECRETARY TO GOVERNMENT ENVIRONMENT AND FOREST DEPARTMENT AND EX OFFICIO CHAIRMAN TAMIL NADU TAMIL NADU FOREST PLANTATION CORPORATION LTD

JUDGEMENT

(1.) THE writ petition is for certiorarified mandamus for quashing the order of the second respondent in Ref.No. 12589/84/B1 dated 26.3.1985 and Ref.No. 12589/84/E dated 6.5.1986 and to direct the second respondent to consider the claim of the petitioners for promotion as superintendents on the basis of their seniority in the feeder category or length of their service.

(2.) THE case of the petitioners are as follows: THE petitioners were working as assistants in the service of the first respondents. THEir services were lent to the second respondent corporation. THE petitioners as well as the respondents 3 to 10 were temporarily promoted as assistants and junior accountants. After the said temporary promotion, the Board passed a resolution on 22.6.1982 to prescribe Account Test, Departmental Test etc., as a pre-requisite qualifications for the purpose of promotion as Assistants and Junior Accountants. Since the petitioners and respondents 3 to 10 were already promoted, time was given to them for passing the tests before 31.12.1984. Respondents 3 to 10 have passed the tests, but the petitioners failed to pass the tests before 31.12.1984. On 26.8.1985 time limit was extended for acquiring additional qualification upto 31.12.1985. THE petitioners acquired the qualifications before 31.12.1985. On 6.5.1985 the second respondent regularised the service of the petitioners and the respondents 3 to 10. While doing so, he placed the petitioners below respondents 3 to 10. THE petitioners joined the service of the second respondent long before the respondents 3 to 10. In the meeting on 15.3.1985, the Corporation passed a resolution to the effect that the assistants who had requisite qualification before the relevant date were regularised by the Managing Director and the seniority of these assistance to be fixed in accordance with the combined seniority of individuals in the feeder category. However, with reference to the petitioners, seniority of the feeder category was totally ignored.

(3.) A common counter-affidavit has been filed by respondents 1 and 2. It is stated that in the formative stage, the second respondent corporation had no rules or regulations governing promotion. The writ petitioners and respondents 3 to 10 were promoted as assistants on temporary basis. On 25.6.1984 the Board passed a resolution prescribing qualification for assistants. They were given time upto 31.12.1984; respondents 3 to 10 qualified before that date. In the 63rd Board meeting the Board resolved that the temporary assistants who were not qualified themselves would have been reverted but taking a sympathetic view granted conditional extension of time upto 31.12.1985. A specific condition was imposed that they will have to take the seniority after those were fully qualified before 31.12.1985. In view of the above resolution, the order of the Managing Director dated 26.3.1985 was passed. In the said proceedings the seniority was fixed taking into account the conditions imposed supra. The writ petitioners cannot maintain this writ petition. The impugned order was passed five years back. One K.Periyiah, the third respondent had earned another promotion as Superintendent from September, 1989. The allegations that the ratio 4:1 was not followed is incorrect. Therefore, the writ petition deserves to be dismissed.