BUREAU OF INDIAN STANDARS (NRO) CLERICAL CADRE EMPLOYEES UNION (REGD.) Vs. BUREAU OF INDIAN STANDARDS (BIS) AND ORS.

JUDGEMENT

(1.) THE challenge in the present writ petition is to the promotion of respondent Nos. 4 to 13 to the post of Section Officer, as illegal, unconstitutional and in violation of the Regulations framed under Section 38 of the Bureau of Indian Standards Act, 1986 (hereinafter referred to as the 'BIS Act, 1986').

(2.) THE petitioner is a Union of the Employees of the Bureau of Indian Standards and is a registered body under the Trade Union Act, 1926. The writ jurisdiction of this Court has been invoked by the petitioner -Union aggrieved against the action of the respondent -Bureau, established under the BIS Act, 1986, in considering the Stenographers for promotion to the post of Section Officer, even though in the Regulations framed under the Act, such posts of the Section Officers are required to be filled in from amongst the Assistants.

(3.) IT is the grievance of the petitioner -Union that though the post of Section Officer, as contemplated under the 1988 -Regulations, is to be filled in from amongst the Assistants, but by a Circular dated 4.9.2003, Annexure P -2, even the Stenographers with three years regular service in the Grade, were considered for promotion to the 13 posts of Section Officer, alongwith the Assistants with the similar experience of three years of regular service. It is pointed out here that the consideration of Stenographers for promotion to the post of Section Officer was resisted by the petitioner -Union. The representations submitted by the petitioner -Union in this respect, are at Annexures P -3 to P -6 with the writ petition. Earlier, the petitioner -Union filed a Civil Writ Petition No. 9752 of 2005 before this Court challenging the change in the service conditions vide Circular Annexure P -2. The said writ petition was disposed of by this Court on 11.7.2005 with the directions to the respondents to take a decision on the representations submitted by the petitioner -Union, within a period of 6 months. In pursuance of such directions, an order Annexure P -10 has been passed by the respondents on 3.1.2006 whereby the claim of the petitioner - Union was declined by observing that the Stenographers have been allowed to compete with the Assistants for promotion to the post of Section Officer.