G. Chalapathi v. Managing Director, A. P. Industrial Infrastructure Corporation Ltd.
2000-04-03
B.S.A.SWAMY
body2000
DigiLaw.ai
B. S. A. SWAMY, J. ( 1 ) THE petitioner filed this writ petition questioning inaction on part of the respondents 1 and 2 in not considering his case for promotion as Assistant Zonal manager (Electrical) as per the Regulations of the Corporation and this Court in wpmp. No. 26555 of 1996 passed interim order dated 10-10-1996 directing the respondents "to consider the case of the petitioner for promotion and until such a decision is taken about the eligibility of the petitioner for being promoted, no candidate from outside the Corporation shall be brought into the services of the corporation". Pursuant to the above interim direction, the Corporation by its inter-office Memo No. 510906/pw/apiic/ e3/96 dated 26-12-1996 rejected the claim of the petitioner for promotion on the ground that the amendment to the service regulations prescribing higher qualifications for the post of Assistant Zonal manager even for promotion from the feeder category are under consideration. It is also their case that as the petitioner was given a special grade promotion with effect from 17-3-1994 as per circular dated 29-3-1985, if the case of the petitioner is considered for promotion to this post, it amounts to conferring double promotion to the petitioner. ( 2 ) HAVING heard the Counsel for the respondents, I directed him to produce the minutes of the Board where the Regulations were amended. Now, it turned out that the regulations were not amended till date and as per the Regulations one must put in 8 years of experience as the Assistant supervisor (E and M) for internal promotion and the educational qualifications prescribed for internal promotion is only a diploma in Electrical Engineering. It is not in dispute that petitioner having obtained permission from the respondent on 20-11-1986 to acquire higher qualification, completed LEE diploma in 1996 and thereafter he made a representation for promotion to the Assistant Zonal Manager (Electrical) as he has completed 8 years of service in the feeder category, which ultimately was turned out. Any amount of consideration for amending the regulations governing the service conditions of the employees of the Corporation cannot alter the situation as long as the rules stand un- amended. Accordingly, it is now made clear that the regulations were not amended even as on date and the first ground of rejection given by the respondent falls to ground.
Any amount of consideration for amending the regulations governing the service conditions of the employees of the Corporation cannot alter the situation as long as the rules stand un- amended. Accordingly, it is now made clear that the regulations were not amended even as on date and the first ground of rejection given by the respondent falls to ground. The second contention raised on behalf of the respondents that as the petitioner was given special grade promotion in the category of Supervisor with effect from 17-3-1994 and if further promotion is given it amounts to double promotion is also not tenable in law. The special grade promotions are contemplated to avoid frustration among the employees due to lack of promotional avenues and the special grade promotion relates to the position he was holding and it will not come in the way of the petitioner to claim promotion to higher category in the regular channel as provided in the regulations and the special grade promotion is only an ad hoc one till he gets promotion in the regular grade. Accordingly, there is no substance in this contention also. The respondents also claimed in the counter that certain allegations were received against the petitioner that he is misbehaving with a lady co-employee. If there is any truth in this allegation, the course open to the respondents is only to initiate disciplinary action for any mis-behaviour on the part of the petitioner and on that ground they cannot deny promotion as long as he continues in service. ( 3 ) FOR all these reasons, I find no merit in any of the contentions raised by the respondents. Accordingly the order dated 26-12-1996 is quashed and a direction is given to the respondent-Corporation to consider the case of the petitioner for promotion in accordance with the Staff regulations within (8) eight weeks from the date of receipt of a copy of this order. ( 4 ) WRIT Petition is accordingly allowed. But, in the circumstances no order as to costs.