P NARAYANAN Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) THE above writ appeal is filed against the order of the learned single Judge dated 08.10.2007 in W.P.No.32320 of 2007.

(2.) THE brief facts are as follows: THE appellant joined the service of the Bharat Sanchar Nigam Limited, the respondent herein, as regular Mazdoor on 12.08.1996. Later on, he was promoted as Telecom Mechanic on 30.12.1999. THE next avenue of promotion from the post of Telecom Mechanic is to the post of Telecom Technical Assistant. He belongs to Scheduled Tribe Community. THE eligibility for promotion for the post of Telecom Technical Assistant is as follows:

(3.) HEARD the learned counsel appearing on either side. The appellant belongs to Scheduled Tribe Community and the notified vacancies for Scheduled Tribe is 15. The respondent called for the Limited Departmental Competitive Examination for Telecom Technical Assistants (under 40% quota) for the recruitment year 2004 and the same was conducted on 18.12.2005 in Tamil Nadu. There is no dispute that since the appellant has not completed the prescribed length of five years of service on the cut off date stipulated for that examination, he was not permitted to appear for the Limited Departmental Competitive Examination scheduled to be held on 18.12.2005. In the said examination, most of the candidates were not qualified for promotion. Hence, the Employees' Union requested the respondent to give an opportunity to the failed candidates, who have already appeared for the Limited Departmental Competitive Examination held on 18.12.2005 for filling up of the vacancies. Hence, the respondent, by a letter dated 26.07.2007, called for the supplementary examination for the candidates, who have failed in the examination conducted on 18.12.2005 prescribing the same condition as per the earlier notification. It is clear that the said supplementary examination was to be conducted at the instance of the Employees' Union of the respondent, only for the failed candidates.