- (1.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner, an employee of the respondent-Air India Ltd., challenges the action of the respondent/employer in not giving the petitioner promotion from the post of Traffic Supervisor/ Senior Office Assistant to the post of Assistant Manager for the promotion exercise of the year 1996. The post of Traffic Supervisor/Senior Office Assistant is a Group B post and the post of Assistant Manager is the lowest rung post in Group A posts. Petitioner has got the requisite promotion w.e.f 1997, but, he claims promotional benefits from one year earlier viz 1996.
(2.) The promotion policy in the present case is admittedly the policy dated 8.5.1996. The defence of the respondent/employer for denying the promotion to the petitioner is based upon paras 5, 6.2, 6.3.2, 6.6 and more importantly read with para 7.1, of the policy, and the cumulative effect of which paras as contended by the respondent is that after apprising the performance of the petitioner for the earlier years and seeing the marks of the petitioner in the interview, petitioner for being successful in the promotion exercise ought to have secured a total of 70 marks out of 100 marks, but since the petitioner had only secured 64.33 marks out of 100 marks, therefore, the petitioner was not entitled to and so was denied promotion. Para 7.1 of the promotion policy dated 8.5.1996 reads as under:- "7.1 The staff who secures total 70 marks, consisting of Annual Performance Appraisal and Interview Marks will be eligible for promotion to the higher grade."
(3.) Petitioner on the contrary relies upon para 12 of the promotion policy which creates exception in favour of SC/ST employees, petitioner being an SC employee, and as per this para 12, the necessary governmental orders have to be followed and whereunder petitioner was entitled to promotion automatically once he was in the zone of consideration and was considered in the promotion process. The applicable governmental order in this case admittedly is an Office Memorandum of the Government of India, Ministry of Personnel, Public Grievances and Pensions dated 10.4.1989 with the relevant para thereof being para 6.3.2(ii). Para 12 of the promotion policy of the respondent/employer dated 8.5.1996 and para 6.3.2(ii) of the DOPT circular dated 10.4.1989, read as under respectfully:- "Para 12 of the Promotion Policy 12. The above Promotion Policy is subject to reservations for SC/ST employees as per the Presidential Directives. Para 6.3.2(ii) of the DOPT circular dated 10.4.1989 (ii) In promotion by selection to posts/services in Group 'B' within Group 'B' within Group 'B' and from Group 'B' to the lowest rung in Group 'A', selection against vacancies reserved for SCs and STs will be made only from those SCs/STs officers, who are within normal zone of consideration prescribed vide the Department of Personnel and A.R. O.M. No. 22011/3/76-Estt.(D) dated 24th December, 1980. Where adequate number of Scs/Sts candidates are not available within the normal field of choice, it may be extended of five times the number of vacancies and the SCs/STs candidates coming within the extended field of choice should also be considered against the vacancies reserved for them. If candidates from SCs/STs obtain on the basis of merit with due regard to seniority, on the same basis as others, lesser number of vacancies than the number reserved for them, the difference should be made up by selecting candidates of those communities, who are in the zone of consideration, irrespective of merit and 'bench mark' but who are considered fit for promotion.";