M V VENKATESWARAN Vs. CHAIRMAN NATIONAL AIRPORTS AUTHORITY

JUDGEMENT

(1.) The petitioner prays for a writ of mandamus to direct the respondent to place the petitioners name above their juniors in Sl.No.533 (S.Vasantha) Sl.No.536 (Shivlingawa.R. Garwad, and Sl.No.538 (Amerjit Singh) vide Panel dated 29.02.1988 issued by the respondent for promotion to the post of Assistant Communication Officer from the basic cadre and promote the petitioners as Assistant Communication Officer with effect from 23.05.1990 i.e., from the date of when the said juniors were promoted as Assistant Communication Officers and for the consequential benefits.

(2.) According to the petitioners, they are qualified as B.Sc., Degree holders with physics as one of the subjects. All of them were initially appointed as Communication Assistants in the Civil Aviation Department in the year 1984. On 01.06.1986 the Government of India created new corporate body called National Airports Authority and deputed a part of the employees of the Civil Aviation Department to the said National Airports Authority. On 02.10.1989, the employees including the three petitioners were absorbed in the service of National Airports Authority.

(3.) In terms of rules of Ministry of Civil Aviation dated 22.10.1982, the following qualification was prescribed for the post of Communication Assistant: i) Degree in Science with Physics as one of the subjects with 45% marks in aggregate from recognised University or equivalent. OR ii) Diploma in Radio/Electronics/ Tele- communication/Electrical Communication Engineering from a recognised Institution or equivalent. In terms of the said rule, both graduates and diploma holders were being appointed to the said post of Communication Assistant. On the basis of the marks obtained for the written examination and oral interview, selected persons will be placed in the All India Seniority Panel. In terms of the said panel dated 29.02.1988, the petitioners herein were placed in Sl.Nos.444, 509 and 543 respectively. In the same panel S. Vasantha, Shivlingawa R. Garwad and Amerjit Singh were placed in Sl.Nos.533, 536 and 538 respectively below the petitioners. One of the requirements for promotion is that the incumbents should pass the eligibility course,for which they would be sent periodically on the basis of seniority. However, the said juniors, all of them being Diploma holders, were sought to be promoted to the post of Assistant Communication Officer on 23.05.1990 without even passing the eligibility course of "Special Communication Assistant". According to the petitioners, the said promotion was given to the said three juniors only on the basis of old rules. The further grievance of the petitioners is that even though the petitioners are seniors in the panel and even after completing five years of service, they were not deputed to undergo the eligibility course to make themselves qualified for promotion. It is further alleged that during the year 1989, for the eligibility Course conducted by the Department, not a single SC/ST candidate was nominated for the said course to make themselves qualified for promotion. From the year 1983, the recruitment qualification was upgraded requiring a Degree. But unfortunately, the promotional policy for subsequent period, the change in the recruitment qualification was not taken into consideration. With the result, for the year 1990, the said policy having continued till the said year, it had resulted in superceding candidates among the SC/ST category. Those who were possessed with Diploma or equivalent were promoted over and above the seniors in the SC/ST quota on the ground they had completed five years of service and that they need not undergo eligibility course. Subsequently due to representations from the employees, the Department made the eligibility criteria as a must for everyone. It is further stated that the Management inspite of knowing the aforesaid facts fully well and the plight of the SC/ST candidates, the Management did not take any steps to allow the senior persons like the petitioners to appear for the eligibility course even after the completion of the required period. Inspite of several representations by the petitioners to the Department to promote the petitioners, the same was not complied with and hence the writ petition.