B VASANTHA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner assailed the action of the respondent- Corporation in not considering his case for promotion to Grade 'E', (i.e.) Senior Manager in middle management as illegal, arbitrary, discriminatory and opposed to the Presidential Directive relating to the Reservation Policy and seeks issuance of writ of Mandamus directing the respondents to consider his case for promotion to Grade H (i.e.) General Manager in senior management cadre by reviewing the earlier promotions given by the respondent-Corporation in the posts included in Group-A.

(2.) The petitioner belongs to Scheduled Caste. After obtaining diploma in Mechanical Engineering he joined as "Aviation Trainee" in the respondent- Corporation in the year 1987 pursuant to the selection from out of the candidates sponsored by the Madras Employment Exchange. During the course of years, the petitioner improved his educational qualifications by passing B.A. (Economics), M.A. Public Administration from Osmania University securing higher ranks. He passed M.B.A. marketing from Andhra University and secured fifth rank. He also passed M.A., Sociology from Osmania University and after filing of this writ petition he registered his name for Ph.D. in Marketing Management. The case of the petitioner is that the post of Aviation Trainee is a preparatory post for ultimate absorption of the employee as a shift supervisor after completion of six months training in the grade of Rs. 345-510. The respondent-Corporation was following the staffing pattern approved by the Bureau of Public Enterprises and the posts were divided into four groups. All the posts of officers in the management category were included in Group-A and they are again divided into various grades, i.e., from Grade 'A' to Grade 'H'. All the posts from the lower rung i.e., from Grade 'A' to Grade 'I' lower to the Board level (i.e.) Executive Director are grouped under Group-A posts.

(3.) For better appreciation of the case, all the above grades with their designations are extracted hereunder: <FRM>JUDGEMENT_649_ALT4_2002Html1.htm</FRM>