LOKENATH PANDA Vs. CHAIRMAN PARADEEP PORT TRUST

JUDGEMENT

(1.) THE petitioner is in service as an Assistant Engineer under the Paradip Port trust. His main grievance 19 that the seniority list and the Roster have not been prepared and consequently his future chances of promotion are likely to be affected. A counter has been filed by the opposite parties accepting the position that the seniority list and the Roster have not been prepared. 2-A. Under Regulation 11 (3) of the Paradip Port Employees (Recruitment, seniority and Promotion) Regulations, 1967 (hereinafter to be referred to as the regulations), direct recruits shall be ranked inter se in the order of merit in which they are placed at the examination or interview on the results of which they are recruited, the recruits of an earlier examination or interview being ranked senior to those of a later examination or interview. Regulation 12 prescribes maintenance of roster and says that a roster shall be maintained for each grade to determine whether a particular vacancy should be filled by direct recruitment or promotion.

(2.) MR. M. N. Das, on behalf of the opposite parties, contends that the petitioner has no grievance as yet, and until he is superseded he has no cause of action. The contention is devoid of substance. Maintenance of seniority list and roster is an essential requisite on the basis of which the question of filling posts either by direct recruitment or by promotion is to be determined. Until that is done it will be difficult for a particular incumbent to know whether he has been superseded or not. Doubtless, promotion to a higher post is not a matter of right to any employee but every employee has the right to be considered for such promotion, and when the time for considering him for such promotion arises these materials would constitute a major basis, though merit also would be taken into consideration. The petitioner therefore has a cause of action and the opposite parties are bound to maintain the seniority list and the roster in accordance with the Regulations.

(3.) WE accordingly allow this writ application and issue a writ of mandamus directing the opposite parties to maintain the seniority list and the roster in accordance with the Regulations, within a reasonable time, or at any rate not later than six months from today. 3-A. In the circumstances there will be no order as to costs.