KRISHNA MURTHY N Vs. E C I L

JUDGEMENT

(1.) In this case, the petitioners seek a writ, order or direction directing the respondent to consider the petitioners' case for promotion to the post of Technical Officer/Systems Analyst with effect from the dates on which they have become eligible with all rights of seniority, pay and increments etc.,

(2.) The counsel for the petitioners submits that the first petitioner joined the respondent Corporation on 1.6-10-68 as Tradesman with Matriculation qualification and after obtaining permission from the respondent-Corporation, the petitioner studied B.Com, in the year 1975. The second petitioner has also passed B.A. even before joining the respondent Corporation and that in so far as the petitioners 3 and 4 are concerned, they have obtained the Degrees in B.Com. and B.A. respectively after obtaining permission from the respondent-Corporation. The petitioner No. 4, in due course, has also passed M.A. and LL.B.

(3.) The respondent Corporation has brought into effect an incentive scheme basing upon the degree qualification through Circular No.ECIL:PG: XI:7;75(IR):0224, dated: 12-1-1977. Under the said scheme, the graduates are promoted after a lapse of two years from one post to the other, instead of making them to wait for a period of three years, as usually done in the Corporation in regard to the Matriculates. It is further stated that all the petitioners reached the post of Tradesman 'E'. Thereafter, the petitioners 1 to 3 were moved horizontally to the post of Charge Hand, A.F.M. and thereafter promoted as Assistant Foreman and subsequently as Foreman. With regard to petitioner No.4, it is stated that he was moved from the post of Tradesman 'E' to Console Operator through Circular No. ECIL:PG(R):CIR:26 dated 4-3-1983. Subsequently, he was also promoted as Assistant Foreman and presently he is holding the post of Foreman like petitioners 1 to 3. Thus, all the petitioners are working as Foreman at the time of filing of the writ petition. Under the normal procedure adopted and implemented by the Corporation, the petitioners have a right to be considered to the post of Technical Officer /Systems Analyst in view of their degree qualifications after putting in 3 years of service as Foreman. In so far as the matriculates are concerned, the respondent Corporation promotes them, if they put in 6 years of service as Foreman to the post of Senior Foreman and also entitled to go to the line of Technical Officer /Systems Analyst as those posts are meant for graduates.