SATYA NARAYAN DAS Vs. ORISSA SMALL INDUSTRIES

JUDGEMENT

(1.) THE petitioners, who are working as Junior Managers in the Orissa Small Industries Corporation Limited (for short 'the Corporation'), have, in this application under Articles 226 and 227 of the Constitution, prayed for a direction to the opposite parties to consider their cases for promotion to the post of Assistant Manager, which they have been illegally denied.

(2.) ACCORDING to the petitioners, on being appointed in different posts, they came to be promoted to the rank of Junior Manager. Their next promotional post is Assistant Manager. The Orissa Small Industries Corporation Limited Ministerial Service Recruitment and Promotion Rules, 1979 (hereinafter referred to as 'the Recruitment Rules') governs such promotion. Although the petitioners are eligible for promotion to the post of Assistant Manager in terms of Rule 5(3) of the Recruitment Rules, their cases were not considered for such promotion. Being aggrieved, they made representations to Opp. Party No. 2, which were rejected, vide Annexure 8 series, on the ground that the petitioners do not possess the requisite qualification to hold the post of Assistant Manager as per the decision of the Board of Directors of the Corporation dated 16.8.1985. The petitioners have, therefore, by this writ petition sought for quashing of Annexure 8 series. According to the petitioners, the aforesaid decision of the Board of Directors does not come in their way of being considered for promotion to the rank of Assistant Manager,

(3.) THE petitioners have filed rejoinder affidavit and additional affidavit wherein it has been stated that the resolution of the Board of Directors dated 16.8.1985 was never given effect to. On the contrary, they have brought on record the resolution of the Board of Directors dated 3'0,6.1990, which goes to show that no educational qualification has'been prescribed for the post of Assistant Manager (General). To this, the opposite parties have filed reply stating that the said resolution dated 30.6.1990 has not been implemented, as would appear from Annexure B/1.