S.C.AGRAWAL,J. - (1.) SPECIAL leave granted.
(2.) THESE appeals are directed against the judgment of the High Court of Kerala dated 20/12/1994 in Writ Appeals Nos. 349/1994, 351/1994, 357/1994 and 362/1994. Writ Appeals Nos. 349/1994, 350/1994, 351/1994 and 357/1994 were filed by Marine Products Export Development Authority (hereinafter referred to as 'MPEDA') against the judgment of the learned Single Judge of the High Court dated February 18, 1994 in O.P. No. 2058/91, 9205/90, 7539/90 and 321/91. Writ Appeal No. 362/94 was filed by respondents Nos. 3, 4 and 5 in O.P. No. 7539/90. O. P. No. 2058/91 was filed by K. Sasidharan Nair and V. I. George, O.P. No. 9205/90 was filed by K. J. Anthony, O. P. No. 7539/90 was filed by A. Geetha and O. P. No. 321/91 was filed by K. S. Sreedevi. The petitioners in the said petitions, who are respondents in these appeals, shall hereinafter be referred to as 'the petitioners'. 2A. MPEDA is an authority established under the provisions of the Marine Products Export Development Authority Act, 1972. Section 7(4) of the said Act empowers MPEDA to appoint officers and employees as may be necessary for efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time, subject to Rules prescribed by the Central Government. The Central Government has not prescribed any rules governing the service conditions. MPEDA issued Standing Instructions for that purpose which came into force with effect from 15/12/1979. By clause 9 of the Standing Instructions read with Schedule I the employees have been classified into four categories in the following manner :- 1. GROUP A [Class I] consists of Joint Director, Project Director, Deputy Director and Assistant Director. [Pre-revised pay scales of Rs. 700-1300 to Rs. 1500-1800]. 2. GROUP B [Class II] consists of Accounts Officer and Quality Supervisors [Pre-revised scale of Rs. 550-900] Group C [Class I] consists of Accountant, Assistant, Senior Clerk and Junior Clerk [Pre-revised scales of Rs. 260-400 to Rs. 420-700].
(3.) GROUP D [Class I] consists of Watchmen, Peons, etc. [Pre-revised scale of Rs. 196-232]. 3. Clause 10 of the Standing Instructions, under the caption "Channels of Promotion", provides as under :- 1. The following shall be the channels of promotions : 78.htm The posts under each channel are given in Schedule II. 2. For the purpose of Implementation of these channels of promotion, options of individual employees concerned shall be obtained 3. Employees presently working in the posts in the scale of pay of Rs. 425-700 shall exercise their option of various channels within 60 days of completion of their probation in the post. Employees not so opting shall be placed in such channels as may be decided by the Executive Committee. 4. Options once exercised shall be final." 4. The petitioners were all appointed as Quality Supervisors by direct recruitment. K. S. Sreedevi was appointed on 28/07/1978 and the rest were appointed in 1981-82, i.e., after the coming into force of the Standing Instructions on 15/12/1979. The post of Quality Supervisor falls in Channel III. In Channel III there are 2 posts of Assistant Directors, while the number of such posts are three in Channel I, seventeen in Channel II and twelve in Channel V. The petitioners submitted a representation wherein they sought to exercise the option regarding change of channel from Channel III to other channels. The said representation of the petitioners was referred to the Executive Committee of MPEDA. The Executive Committee, in its meeting held on 13/08/1989, decided as follows :- "The Committee noted the implications of the interpretation of Standing Instructions clause 10(2) to (4) and it was clarified with reference to clause 10(2) and (3) of Standing Instructions that the facility to opt for a particular channel will be available only to employees working in posts below the grade of Rs. 1640-2900 and that too for promotion to the grade of Rs. 1640-2900. For this purpose employees working in next below feeder grades identified for promotion as feeder category in the recruitment rules shall exercise their option of channel within 60 days of completion of their probation in the post. The provision of option therefore will not be available to employees appointed or promoted into the grade of Rs. 1640-2900 revised.";