K. Kannan, J. - (1.) THE petitioners are same in both the writ petitions. In the first writ petition of 1988, the petitioners claim that the order of promotion made to respondent Nos. 2 to 4 to the posts of Shift Chemists were liable to the quashed since the petitioners were seniors in the lower post of Lab Assistants and they therefore should have been promoted. In the subsequent writ petition in the year 2002 the petitioners' grievance is that the further promotion offered to the 5th respondent in that writ petition who incidentally is the second respondent in the 1988 writ petition was erroneous and was liable to the quashed.
(2.) THE case requires a very brief consideration, for, the fact that the petitioners' seniority in the rank as Lab Assistants is not denied. On the other hand, the contention in defence is that the promotional post as Shift Chemist that was filled up by the appointments of respondent Nos. 2 to 4 in the 1988 writ petition was out of the direct recruitment quota and not in the promotion quota. The petitioners themselves have admitted that they had also applied in the direct recruitment quota but respondent Nos. 2 to 4 had been selected. It appears that the promotional posts were for reserved category viz. Scheduled caste but since there was no suitable candidate the appointment was done after taking concurrence from the State Government. The selection process itself is not in challenge and nothing is brought out by the petitioners to contend that there had been any mala fides or any other factor that could have vitiated the selection through direct recruitment. The writ petition filed in the year 1988 consequently would require to be dismissed and for the same reason, if the fourth respondent in the 2002 writ petition obtained a further promotion it was on the ground that he had been promoted as Shift Chemist earlier to the petitioners through a different channel namely by direct recruitment and the challenge to the further promotion ought also to fail. Both the writ petitions are consequently dismissed.;