S. VISWANATHAN Vs. THE LT. GOVERNOR & ORS.

JUDGEMENT

(1.) Since both these writ petitions pertain to identical controversy they were heard analogously and are being disposed of by this common judgment.

(2.) Both these writ petitioners are working as Junior Assistants in the A & N Islands Integrated Development Corporation Ltd. (hereinafter referred to as ANIIDCO). In the seniority list, they were placed at Serial Nos. 14 and 15 respectively. They became eligible for promotion in the post of Senior Assistant in 2005. There were several vacancies in the post of Senior Assistant. Those were not filled up. The petitioners made several representations for filing up those posts through promotion. The Board of Directors of ANIIDCO in a meeting held on Jan. 22, 1993 published Recruitment Rules for the post of Senior Assistant. The number of posts mentioned in the Recruitment Rule was 18 and the qualification mentioned for promotion to the said post was Junior Assistant having qualifying regular service of five years in the cadre having qualification of Bachelor's degree from recognised University, preferably Commerce or equivalent. The petitioners completed five years in 2005. On May 8, 2006, the Board again met in its 87th meeting to decide the issue of filling up five posts of Senior Assistants from amongst the Junior Assistants as per qualification prescribed in the Recruitment Rules. On June 2, 2006 ANIIDCO issued circular expressing their intention to hold a departmental examination for the said purpose. On June 8, 2006 the Board approved 27 posts for Senior Assistants. The Board, in the said Circular dated June 8, 2006 decided that out of 27 sanctioned posts they would fill up 17 posts of Senior Assistants. The Board in its meeting scheduled to be held on Nov. 22, 2006 proposed to relax the educational qualification for the post of Senior Assistants which gave rise to the present litigation.

(3.) In the proposal as contained in page 50 of the writ petition in W.P. No. 203 of 2006, the Board proposed that the promotional quota of five posts would be divided in ratio of 67 : 33 amongst the staff fulfilling educational qualification and experience and staff not fulfilling educational qualification respectively. For the later category they proposed to relax the educational qualification to Class X as a one time measure. They, however, observed that to avail such relaxation in educational qualification the required experience would be seven years instead of five years.