TRANSPORT AND PORT WORKERS UNION Vs. CHAIRMAN

JUDGEMENT

(1.) In both the writ petitions, what is challenged is the impugned rule which prohibits an Assistant Superintendent working outdoors from being considered for promotional post of Office Superintendent by restricting it only to those working indoors.

(2.) Learned counsel appearing for the petitioners would submit that the employees have given their options to work indoors but for the reasons known, respondents 1 and 2 posted them outdoors. Even assuming that option was exercised by an employee to work outdoors as an Assistant Superintendent, the same cannot be a ground to dis-entitle him from being considered for the aforesaid post. Therefore, the impugned rule which seeks to take away the right vested in those Assistant Superintendents notwithstanding the fact that they are seniors to those who have been promoted only for the sole reason that they were working indoors, it requires to be interfered with.

(3.) Learned counsel appearing for respondents 1 and 2 would submit that the decision has been contemplated much earlier. There was 18 (1) settlement reached, by which, a clerical cadre was permitted to opt either indoor or outdoor work. If the members opting for outdoor work are less than the members required, the juniors, who are opting for indoor work will be posted to outdoor work. The rule was formulated in line with knowledge and experience obtained in the indoor office, which would pave way for smooth and efficient functioning as Office Superintendent.