H. K. MURALIDHABA MURTHY v. HINDUSTAN AERONAUTICS LTD.
1998-07-18
G.C.BHARUKA
body1998
DigiLaw.ai
G. C. BHARUKA, J. ( 1 ) THE petitioner is employed as a senior personnel secretary (group-f) in the respondent-hindustan aeronautics limited (in short "the company" ). He has approached this court for the purpose of directing the respondents to consider him eligible for selection to the post of assistant personnel officer as per administrative notice No. 21 dated 27-6-1998 (annexure-b1) and thereby permit him to sit for the written test scheduled for 19-7-1998. Under administrative notice No. 21 the requisite qualifications for recruitment to the post of assistant personnel officer/assistant administrative officer (grade-i) has been prescribed to the following effect:"university degree with a post-graduate degree/diploma (of at least one year's duration)/mba/ma/msw in pm/ir from recognised universities/institutions". ( 2 ) ACCORDING to the petitioner he, apart from holding a b. com. Degree,has acquired an additional qualification of post-graduate diploma in administrative law and labour law which is evidenced by the certificate dated 14-1-1986 issued by the annamalai university (Annexure-A ). According to him, the additional qualification of post-graduate diploma has also been incorporated in the personal service records of the petitioner and this fact has been acknowledged by the personnel officer of the respondent-company under his letter dated 2-12-1986 (Annexure-B ). ( 3 ) THE grievance of the petitioner is that keeping in view the facts asstated above and the recruitment rules of the respondent-company though he is eligible to participate in the selection process for the post of assistant personnel officer (grade-i) and has admittedly made an application for the said purpose, which has been duly forwarded by the senior manager (rc)-p and a under his letter dated 4-7-1998 (Annexure-C) but to his shock and surprise he has not been favoured with any communication permitting him to participate in the written test though such communications have already been made to other candidates. Accordingly, the learned counsel for the petitioner pleads arbitrariness and unequal treatment against the respondents calling for interference by this court by issuing appropriate directions to the respondent befitting the relief claimed by the petitioner.
Accordingly, the learned counsel for the petitioner pleads arbitrariness and unequal treatment against the respondents calling for interference by this court by issuing appropriate directions to the respondent befitting the relief claimed by the petitioner. ( 4 ) RESPONDENTS have filed the statement of objections and placed on record the relevant documents including the recruitment rules (annexure-r2) and the memorandum of understanding arrived at between the management and the recognised unions (annexure-r3) in pursuance whereof the administrative notice No. 21 dated 27-6-1998 (annexure-b1) was issued permitting all the workmen (irrespective of their wage/group/scale of pay) to participate in the selection process of the post under consideration subject to holding requisite educational qualification as a one time measure to afford career advancement opportunities. ( 5 ) I have heard Sri purushothama rao, learned counsel appearing for the petitioner and Sri ramadas, learned counsel for the respondents. ( 6 ) THE respondents have stated in their statement of objecti on sregarding the classification of their employees as under:". . . . THAT their employees are broadly classified into two categories viz, workmen cohered under standing orders certified under the industrial employment (standing orders) Act, 1951 and executives. The executives are further classified into three groups viz. , junior executives: officers in grades-i and ii; executives-officers in grades-ill and iv and senior executives who are officers in grade-v and above. There are separate rules governing recruitment and promotions to various posts known as recruitment and promotion rules (hereinafter called r and p rules ). The qualification, experience, age limit, for technical and non-technical posts in grades-i to vi are prescribed in Annexure-I iia and b respectively of r and p rules. Professional qualifications are prescribed in annexure-xxii. The post of assistant personnel officer is a nontechnical post and the relevant eligibility criteria for recruitment/promotion to this post is contained in Annexure-I iib to r and p rules. A copy of Annexure-I iib of r and p rules providing for eligibility for promotion to non-technical posts is produced herewith as annexure-1 and a copy of annexure-xxii to r and p rules is produced herewith as annexure-2". it has also been further stated by the respondents that:". . . AS far as promotion to a non-technical post in grade-i is concerned, under the r and p rules only employees who are working in group f-1 (revised to scale 10) are eligible.
it has also been further stated by the respondents that:". . . AS far as promotion to a non-technical post in grade-i is concerned, under the r and p rules only employees who are working in group f-1 (revised to scale 10) are eligible. But those in groups a to f (revised as scales 1 to 9) are not eligible. However if an employee working in group f-l does not possess the necessary eligibility criteria prescribed in annexures-1 and 2 above, then he is not entitled to be considered for selection. In view of the above, the recognised trade unions operating in different divisions of the company representing the workmen working in those divisions requested the management to afford career opportunities to all those who are otherwise professionally qualified to occupy posts in grade-i without insisting on certain eligibility criteria like experience, selection for promotion only from next below grade etc. After mutual discussions the management and the representatives of the recognised trade unions signed a memorandum of understanding on 2-5-1997. A copy of the said mou signed at the corporate level is produced herewith as annexure-3. Pursuant to the mou (annexure-3), notifications dated 24-1-1998, 5-2-1998 and finally the notice at annexure-b1 dated 27-6-1998 were issued. Copies of the notification dated 24-1-1998 as also notification dated 5-2-1998 are produced as annexures-4 and 5 respectively". ( 7 ) AS per the recruitment rules (annexure-2) for holding an administrative/personnel/industrial relations post the requisite qualifications pt escribed are the following:" (I) post-graduate degree/diploma in social welfare/personnel management/social science/industrial relations awarded by recognised universities/institutions recognised by government. (it) mba from Indian institute of management, calcutta, ahmedabad, Bangalore, or any university recognised by the government with specialisation in personnel management/industrial relations". ( 8 ) PARAGRAPH 5 of the memorandum of understanding (annexure-3)is relevant for the present purpose, which reads thus:"another long pending demand of the unions/workmen has been to provide opportunities to workmen in the technical disciplines who have acquired a degree in engineering or its equivalent qualification and those in the non-technical disciplines who have acquired relevant professional qualifications in their respective discipline such as ca, icwa, mba, post-graduate degree/ diploma in personnel management etc. (i. e. , qualifications which are considered as professional qualifications for induction to the officers' cadre in the non-technical disciplines) for direct elevation to the officer's cadre, irrespective of their present wage groups.
(i. e. , qualifications which are considered as professional qualifications for induction to the officers' cadre in the non-technical disciplines) for direct elevation to the officer's cadre, irrespective of their present wage groups. The matter was discussed at length and it was finally agreed that a certain number of posts out of the total number of posts released for direct recruitment in grade-i would be reserved for being filled up by workmen who have acquired qualifications like degree in engineering or its equivalent (technical disciplines) or relevant professional qualifications (as mentioned above) in the non-technical disciplines. Posts would be notified by the corporate office on a company wide basis inviting applications from eligible workmen. All workmen possessing relevant qualifications, irrespective of their wage groups, would be eligible to apply. Appropriate age relaxations would be given to such candidates. The selection would be done centrally at the corporate office; the criteria for which would be written test followed by interview. Selected candidates would be transferred from their existing division to another station". ( 9 ) IN view of the above it cannot be seriously disputed that the management has conceded to the relaxation only with regard to the eligibility criteria regarding experience in selection from the next below grade but so far as the prescribed professional qualifications are concerned, the same was required to be adhered to for recruitment and promotion and there was no relaxation in the said regard. Coming to the case of the petitioner, as per the recruitment rules as also the administrative notice No. 21 (annexure-b1) the educational qualification prescribed for the post of assistant personnel officer/assistant administrative officer grade-i is a post-graduate degree or post-graduate diploma (of at least one year's duration) or m. b. a or m. a. or m. s. w. in personnel management/industrial relations from a recognised university/institutions. ( 10 ) ADMITTEDLY, the petitioner had acquired a post-graduate diploma from annamalai university in labour laws with administrative laws and he does not possess any post-graduate diploma in personnel management/industrial relations which is a pre-requisite for being eligible for participating in the selection process to the post of assistant personnel officer for which the petitioner had made an application.
( 10 ) ADMITTEDLY, the petitioner had acquired a post-graduate diploma from annamalai university in labour laws with administrative laws and he does not possess any post-graduate diploma in personnel management/industrial relations which is a pre-requisite for being eligible for participating in the selection process to the post of assistant personnel officer for which the petitioner had made an application. ( 11 ) IN the above view of the matter, in my opinion, the respondent shave rightly not issued any communication to the petitioner for participating in the written test scheduled on 19-7-1998 which is being conducted as a part of the selection process. ( 12 ) IN view of the above the writ petition is accordingly dismissed. Noorder as to costs. --- *** --- .