Judgment :- 1. The petitioners are presently working as Junior Assistants in Thanjavur, Nagapattinam and Kancheepurm regionsof the Tamil Nadu Civil Supplies Corporation Ltd.Originally, they were all appointed as seasonal employees about 20-25 years ago. Seasonal Employees are those employees who work during the harvest season of paddy for the purpose of procurement, on consolidated pay. During the off-season, namely, non-procurement season, they will not be in employment. As per the Employees' Service Regulations of Tamil Nadu Civil Supplies Corporation, they were all absorbed as Junior Assistants. Admittedly, as of now, they do not have 3 years experience as Junior Assistants. 2. The next avenue of promotion for them is to the post of Assistant. As per Annexure-I, (classification of staff - vide Regulation 27), the post of Assistant falls under category 1 of Class III (Entry 11). The Appointing Authority for the post of Assistant by means of promotion is the Regional Manager/General Manager (Administration). However, the Appointing Authority for the said post, by the method of direct recruitment, is the Managing Director. The method of recruitment and qualification prescribed are as follows: Category 1Assistant Regional Manager/ General Manager (Admn.) (Direct Recruitment by Managing Director) Master's Degree of any recognised University three Years as Typist or Steno-Typist or as both and a pass in District Office Manual and Commercial Book-Keeping Test". (ii) Typists, Steno-Typists, Telex Operators who have put in not less than 6 Years of total Service in the posts of Typists or Steno-Typists or Telex Operators and have passed in District Office Manual and Commercial 3. According to the petitioners, they are eligible for being promoted as Junior Assistants. In this regard, the petitioners would refer to Regulations 28 and 29 of the above said Regulations, which read as under: "28. The details about the Appointing Authorities, method of recruitment, qualification therefor are furnished in the statement in Annexure-II. In respect of posts for which the method of recruitment is both by Direct Recruitment and promotion/transfer, if no suitable candidate is available as per the cycle of vacancies by promotion/transfer, such vacancy shall be filled by Direct Recruitment. 29. The details about the Appointing Authorities, method of recruitment, qualification therefor are furnished in the statement in Annexure-II. In respect of posts for which the method of recruitment is both by Direct Recruitment and promotion/transfer, if no suitable candidate is available as per the cycle of vacancies by promotion/transfer, such vacancy shall be filled by Direct Recruitment. 29. In respect of the appointment for the posts of Assistant, Typist/Steno-Typist and Bill clerks/Helpers, where the method of appointment is by direct recruitment or promotion or transfer from other category, the panel shall be drawn in the rotation as indicated hereunder which is based on the cadre strength of the feeder categories. (a) ASSISTANT: For every 5 vacancies the rotation shall be B A B C B 5 A - Direct Recruitment B - Promotion from Junior Assistants C - Promotion from Typist/Steno-typist" 4. The petitioners would further submit that as of now, the Managing Director, by the method of direct recruitment, has proposed to appoint as many as 116 Assistants in the respondent Corporation to be allotted to various regions. The claim of the petitioners is that since they are eligible for promotion, they should be promoted first and only if sufficient number of candidates are not available for promotion, direct recruitment can be resorted to for filling up the remaining vacancies as per Regulation 28 of the said Regulations. In this case, according to the petitioners, without promoting them as Assistants, as per Regulation 28, an attempt is made by the Managing Director to fill up all the vacancies by means of direct recruitment alone. Thus, the Regional Manager/General Manager (Administration) has been prevented from filling up these vacancies by giving promotion to the eligible Junior Assistants. With this grievance, the petitioners have come up with the present writ petition seeking a direction to the respondent Corporation to consider the petitioners first for promotion to the post of Assistant and thereafter resort to direct recruitment, in case, there are vacancies available even after effecting such promotions. 5. The first respondent has filed a detailed counter affidavit wherein, inter alia, it is stated that as per the Circular dated 08.06.2012, 116 posts in the cadre of Assistant are vacant and they are to be filled up. For the said purpose, a panel was drawn for the year 2011 for appointment to the post of Assistant by the method direct recruitment. For the said purpose, a panel was drawn for the year 2011 for appointment to the post of Assistant by the method direct recruitment. It is further stated that the petitioners herein are not at all eligible for promotion as they do not have the required qualification of 3 years experience as per Annexure-I. Since sufficient number of candidates are not available for promotion, the Managing Director has decided to go in for direct recruitment. 6. It is stated in paragraph No.15 of the counter affidavit that insofar as direct recruitment to the post of Assistant is concerned, the required qualification is a Master's Degree of any recognised University. It is further stated that the respondent Corporation has adopted G.O.Ms. No.417 P& AR (Per-B) Department dated 01.12.1993 from 12.05.2000 and necessary circulars were also issued to the said effect. As per the said Government Order, a combined seniority list of Junior Assistants, Typists, Stenos and Telephone Operators have been prepared for promotion as Assistants. It is further stated that while adopting G.O.Ms. No. 417 dated 01.12.1993, the Board has not ordered for deletion of service qualification of 3 years experiencein the feeder category. The 3 years experiencein the cadre of Junior Assistant/Typist/Steno-Typist and Telephone Operator prescribed for promotion as Assistant was incorporated in the Service Regulation based on the direction of the BPE in G.O.Ms. No. 633 Finance (BPE) Department dated 07.09.1993. Inasmuch as there is no prescribed service qualification for promotion as Assistant in regular Government Service governed under general service rules, the question of any mention about service qualification in the said G.O. does not arise. It is also stated that on the advice given by the Special Joint Commissioner of Labour, Chennai regarding the ambiguity in the Service Regulations, as pointed out by the Conciliation Authority, the matter was placed before the Board on 30.5.2012 and necessary instructions were given to give promotion to the Junior Assistants, who have completed two years of service in order to include them in the panel for the year 2011. In the above said circular, it has been specifically stated that the relaxation of service qualification is applicable only to drawal of panel for the post of Assistant for the year 2011. This relaxation was given by the Board in exercise of its power conferred under Regulation 30 of the above said Regulations. In the above said circular, it has been specifically stated that the relaxation of service qualification is applicable only to drawal of panel for the post of Assistant for the year 2011. This relaxation was given by the Board in exercise of its power conferred under Regulation 30 of the above said Regulations. Therefore, as of now, there is no relaxation of experience qualification and therefore, the petitioners cannot expect promotion since they do not have the required 3 years experience as Junior Assistants. It is also stated that as of now, the proposal is to go in for direct recruitment by appointing those employees, who have got Post Graduate qualification and who have been working on regular basis. The said appointment is going to be made directly on the basis of combined seniority list of regular employees. After appointing the regular employees, if there remains any further vacancy the seasonal employees shall be recruited if they have Post Graduate degree.Thus, according to the first respondent, the petitioners are not entitled for any relief in this writ petition and therefore, the writ petition has to be dismissed. 7. The 2nd respondent is a Trade Union, by name, Tamil Nadu Civil Supplies Corporation Paniyalargal Sangam and its members are both regular employees and seasonal employees, working for several years in the respondent Corporation. It needs to be mentioned that this Trade Union not only includes seasonal employees, who possess Post Graduate qualification, but also those seasonal employees, who do not possess Post Graduate qualification. According to the 2nd respondent, there is a settlement u/s 12(3) of the Industrial Disputes Act reached between the Trade Union and the Corporation under which it has been agreed that those employees, who are already working in the Corporation, on regular basis and who possess Post Graduate qualification, will be directly recruited as Assistants and if there remains any vacancy, the same shall be filled up by appointing the seasonal employees having Post Graduate Degree. It is stated that that said 12(3) settlement relates only to seasonal employees. Subsequently, based on the said settlement, the Corporation has also taken a policy decision in this regard to follow the 12(3) settlement. Therefore, according to the learned counsel for the 2nd respondent, the said subject cannot be re-opened now. It is stated that that said 12(3) settlement relates only to seasonal employees. Subsequently, based on the said settlement, the Corporation has also taken a policy decision in this regard to follow the 12(3) settlement. Therefore, according to the learned counsel for the 2nd respondent, the said subject cannot be re-opened now. As per the 12(3) settlement, those employees, who are working on regular basis in the respondent Corporation and who possess Post Graduate qualification will be considered for direct recruitment as Assistants and the remaining vacancies will be filled up by giving opportunity to those seasonal employees, who are Post Graduates. 8. I have considered the above submissions and I have also perused the records carefully including the Service Regulations. 9. As per theabove extracted portion of Annexure-I, the post of Assistant can be filled up either by means of direct recruitment or by means of promotion. For appointment by direct recruitment, the required qualification is a Master's Degree of any recognised University and for promotion, there is no such minimum educational qualification prescribed at all. Insofar as promotion is concerned, from the post of Junior Assistant, which is one of the feeder categories, the qualification prescribed is aminimum service of 3 years as Junior Assistant and an approved probationer as Junior Assistant. Thus, the total period of service should not be less than 3 years. The period spent as a seasonal employee is not a relevant material at all to be taken into account for promotion to the post of Assistant. 10. Now, the question is whether the petitioners are entitled for promotion, that too, on preferential basis, as claimed in the writ petition. 11. For this purpose, it would be useful to refer to Regulation 28 of the said Regulations which says that, "In respect of posts for which the method of recruitment is both by Direct Recruitment and promotion/transfer, if no suitable candidate is available as per the cycle of vacancies by promotion/transfer, such vacancy shall be filled by Direct Recruitment." Here, the term "cycle of vacancies" needs to be emphasised. The said term is dealt with under Regulation 29, which states that "In respect of the appointment for the posts of Assistant, Typist/Steno-Typist and Bill clerks/Helpers, where the method of appointment is by direct recruitment or promotion or transfer from other category, the panel shall be drawn in the rotation as indicated hereunder which is based on the cadre strength of the feeder categories."For the post of Assistant, for every 5 vacancies, the rotation shall be B, A, B, C, B. Here "A" means "by direct recruitment", "B" means " by promotion from the cadre of Junior Assistant" and "C" means "by promotion from the cadre of Typist/Steno-Typist". Thus, it is crystal clear that out of every 5 vacancies, 3 vacancies are earmarked for promotion from the post of Junior Assistant; one is earmarked for promotion from the post of Typist/Steno-Typist and one should go for direct recruitment. As per Annexure-I, the direct recruitment shall be made by the Managing Director whereas promotion of 3+1 posts shall be done by the Regional Manager/General Manager(Administration). 12. As already stated, if there are no sufficient number of candidates available for promotion as Assistant from the post of Junior Assistant, as against the above stated 3 vacancies earmarked for promotion, certainly, the Corporation has to fill up those 3 vacancies by direct recruitment. Similarly, if there are no sufficient number of candidates available for promotion as Assistant from the post of Typist/Steno-Typist, then for filling up the above said one vacancy, out of five, direct recruitment method has to be resorted to by the Corporation. Out of five posts, in any event, one is earmarked exclusivelyfor direct recruitment. Further, as already stated, the Appointing Authority, in thecase of direct recruitment, is the Managing Director and the qualification prescribed is a Master's degree from any recognised University. 13. In the light of the above stated position in the Service Regulations, let us now come to the case of the petitioners. Admittedly, the petitioners were all seasonal employees, who worked in such capacity for about 20-25 years. Thereafter, they were all regularised on the basis of their seniority as Junior Assistants. It is an admitted fact that the petitioners have not completed 3 years as Junior Assistants. Admittedly, the petitioners were all seasonal employees, who worked in such capacity for about 20-25 years. Thereafter, they were all regularised on the basis of their seniority as Junior Assistants. It is an admitted fact that the petitioners have not completed 3 years as Junior Assistants. It needs to be noted that for a long period of 20-25 years, they have served in the Corporation during procurement season, that too, on a paltry consolidated pay. They have been granted regular status only for about2 years before. From the affidavits and typed set of papers placed before me, it could be seen that these petitioners mostlyhave already crossed 50 years of age. They have got only few more years of service. If they lose the chance of getting promotion or direct recruitment as Assistant, at this age, then, they will remain as Junior Assistants and retire as such. This will not be in the interest of the employees as well as the Corporation. 14. The learned Senior Counsel, Mr.V. Prakash, appearing for the petitioners, would submit that in respect of the panel of Assistant drawn for the year 2011, in exercise of the power under Regulation 30, the qualification of 3 years experience prescribed in the Annexure for getting promotion as Assistant from the post of Junior Assistant, was relaxed and it was fixed as 2 years. But, this year, for the current panel, such relaxation has not been given explicitly. However, at the same time, the learned Senior Counsel would submit that by adopting G.O.Ms. No. 417 dated 01.012.1993, the Corporation has, by implication, relaxed the experience qualification from 3 years to 2 years and thus, the petitioners are eligible for promotion as against 3:5 ratio as provided under Regulation 29 of the said Regulations. 15. I find it very difficult to accept the said contention. As it has been rightly pointed out by the learned Additional Advocate General, in exercise of the power conferred under Regulation 30, on the recommendation made by the Special Joint Commissioner of Labour, the Board took a policy decision to relax the qualification in respect of experience from 3 years to 2 years for Junior Assistants for promotion to the post of Assistant and the said relaxation was applicable only for that year, namely, 2011. This Court cannot force the Board to take a similar policy decision to give such relaxation for this panel year or for any panel year in future. It is absolutely within the wisdom of the Board to take a decision on this aspect. Thus, as the Regulations stand as of today, the required experience qualification for Junior Assistants to become Assistants is 3 years, which the petitioners, admittedly, do not possess. Therefore, they are not entitled for promotion as per the existing Regulations. 16. It has been further stated by the 1st respondent in the counter affidavit that in case, there are no sufficient number of candidates available in the cadre of Junior Assistants for the purpose of promotion to the post of Assistant, for want of sufficient number of years of experience, as per Regulation 28, necessarily, the Corporation has to go in for direct recruitment. It is because of this reason, the respondent Corporation has decided to go in for direct recruitment and the Managing Director, who is the Appointing Authority has taken the decision to adopt the method of direct recruitment for filling up all 116 vacancies. Out of these 116 vacancies, as per Regulation 29, atleast 70 should be by promotion from the post of Junior Assistant; 23 should be by promotion from the post of Typist/Steno-Typist and only 23 must be available for direct recruitment. However, because there are no sufficient number of candidates available for the purpose of promotion, all the 116 posts are to be necessarily filled up only by way of direct recruitment. To come to this conclusion, I do not find any difficulty at all. Thus, I agree with the contention of the learned Additional Advocate General that the Corporation is right in resorting to the method of direct recruitment for filling up all the 116 vacancies. 17. Now, it is brought to the notice of this Court that as per Regulation 4(g) of Chapter-I, the term "direct recruitment" means " recruitmentfor a category of post by competition open to public. Those who are already working in this Corporation may also apply if they are fully qualified, save age." Therefore, as per the above said Regulation, all these 116 posts are to be filled up by calling for applications from open market as well as permittingthose employees, who are already in the regular service of the Corporation. Those who are already working in this Corporation may also apply if they are fully qualified, save age." Therefore, as per the above said Regulation, all these 116 posts are to be filled up by calling for applications from open market as well as permittingthose employees, who are already in the regular service of the Corporation. The Corporation, sometime before, made appointments by resorting to this course. This was questioned and disputes were also raised. Ultimately, 12(3) settlement was arrived at between the Corporation and the Trade Union under which it was agreed upon that the vacancies in the post of Junior Assistants shall be filled up by appointing Post Graduates, who are already in the regular service of the Corporation and if there remains any further vacancy, the same shall be filled up by appointing a Post Graduate from among the seasonal employees. This settlement has been given effect to, by the Board also, by passing appropriate resolution. It is because of this, that the above said 116 posts are going to be filled up, in such a manner, by, first of all, appointing Post Graduates, who are already in the regular service of the Corporation and the remaining posts by recruiting the seasonal employees, who also possess Post Graduate Degree. In any event, the said appointments are going to be made only based on seniority. 18. In view of the above position, the Corporation has proposed to, first of all, appoint those regular employees of the Corporation, irrespective of their experience, as Assistants, based on their seniority, provided they have the minimum educational qualification of Post Graduate degree and subject to communal reservation. After adopting the said method, if there remains any further vacancy, the seasonal employees, who possess Post Graduate degree, shall be appointed. 19. However, in approving this, this Court has got slight reservation in the following manner. 20. As already stated, these regular employees, who are working as Junior Assistants, were originally working as seasonal employees for more than 2 decades on a consolidated pay, only during procurement season. Thus, they have rendered yeoman service to the Corporation for more than 2 decades as seasonal employees on a paltry consolidated pay. They wereabsorbed on regular basis as Junior Assistants only by considering their length of service as seasonal employees. Thus, they have rendered yeoman service to the Corporation for more than 2 decades as seasonal employees on a paltry consolidated pay. They wereabsorbed on regular basis as Junior Assistants only by considering their length of service as seasonal employees. After this much of time, more particularly, when most of them have already crossed 50 years of age, suddenly, if they are deprived of appointment as Assistant by the method of direct recruitment, simply because they do not possess the Post Graduate qualification, in my considered opinion, it will not be justifiable and equitable. At this age, they cannot go and search for some other job as well. As I have already pointed out, if they are not appointed by means of direct recruitment as Assistants, in the near future, they will retire as Junior Assistants. 21. The only impediment for them to be promoted as Assistants is want of sufficient number of years of experience namely, 3 years. Similarly, the impediment for getting appointment as Assistant by means of direct recruitment is want of the prescribed qualification,namely, Post Graduate degree. In my considered opinion, the qualification prescribed namely, Post Graduate degree for appointment as an Assistant is totally irrational. In this context, it has to be pointed out that even for Central Civil Services like IAS, IPS, IFS, etc, the basic educational qualification is only an Under Graduate Degree. Similarly, the Tamil Nadu Government has prescribed only Under Graduate Degree as the basic educational qualification for Class I posts like Deputy Collectors, Deputy Superintendents of Police, etc. The post of Assistant in Tamil Nadu Civil Supplies Corporation is, in no way, superior to the above said posts. Therefore, prescribing a higher qualification, namely, Post Graduate Degree, for the post of Assistant in the respondent Corporation, in my considered opinion, is highly irrational. It is not even brought to the notice of this Court that in any other Department, under the Government of Tamil Nadu, Post Graduate Degree has been prescribed as the minimum educational qualification for direct recruitment to the post of Assistant. Therefore, in my considered view, it is for the Corporation to sit in and decide, in exercise of its power under Regulation 30 of the said Regulations as to whether the educational qualification prescribed has to be relaxed so as to prescribe that an Under Graduate Degree would be suffice. Therefore, in my considered view, it is for the Corporation to sit in and decide, in exercise of its power under Regulation 30 of the said Regulations as to whether the educational qualification prescribed has to be relaxed so as to prescribe that an Under Graduate Degree would be suffice. Insofar as regular employees, who are working as Junior Assistants are concerned, all of them are not Graduates. Some of the seasonal employees, who were originally appointed as Bill Clerks, are necessarily Graduates, while the other group of Assistants who were initially appointed as Office Assistants in the seasonal service may not be Graduates. Therefore, it is high time that the Corporation should consider this issue or the Corporation may consider to relax the requirement of experience for the purpose of promotion. 22. The learned counsel for the 2nd respondent would submit that the members of the 2nd respondent Union are all seasonal employees, who have been working for many years as seasonal employees. At this stage, if the Rule is relaxed and if the Graduates are also permitted to participate in the process of selection by the method of direct recruitment, then it will materially affect those Post Graduate Degree holders, who are already working as seasonal employees in the Corporation as well as regular employees. 23. But, the learned Additional Advocate General would submit that as per 12(3) settlement as well as the policy decision taken by the Board, while considering the Post Graduate Degree holders, for the purpose of appointment by direct recruitment method, it is only the regular employees, who will be considered first. Thereafter, if there are vacancies remaining, as against the same, seasonal employees, who have got Post Graduate Degree will be considered. 24. In my considered opinion, the 2nd respondent, being a Trade Union, cannot claim that all its members are Post Graduates. It cannot also claim that all its members are seasonal employees. The members of the 2nd respondent Trade Union are seasonal employees as well as regular employees, of whom there are Post Graduates, Graduates and Non-Graduates. Therefore, the 2nd respondent Trade Union cannot take a stand so as to protect the interests of only the seasonal employees, who have got Post Graduate Degree. The members of the 2nd respondent Trade Union are seasonal employees as well as regular employees, of whom there are Post Graduates, Graduates and Non-Graduates. Therefore, the 2nd respondent Trade Union cannot take a stand so as to protect the interests of only the seasonal employees, who have got Post Graduate Degree. Therefore, the contention of the learned counsel for the 2nd respondent that the seasonal employees, who are Post Graduates will be materially affected if Graduates are also allowed to participate cannot be accepted. This Court is concerned only with the rationality behind the action of the Corporation. If any procedure prescribed, qualification, etc, are found to be irrational, necessarily, this Court has to rectify the same. But, in this case, this Court is not in a position to examine the validity of the qualification prescribed for appointment to the post of Assistant by direct recruitment, namely, Post Graduate Degree, as there is no challenge to the same. That is the reason why this Court has expressed its view that this issue is left open to the Board to decide. 25. Learned Additional Advocate General would submit that the Board will take a decision, as suggested by this Court, but the said decision will be applicable only for future appointments and not for the present panel. 26. I find it very difficult to fall in line with the above submission of the learned Additional Advocate General for several reasons. The first and foremost reason being that if these 116 vacancies are filled up only from among the Post Graduate Degree holders, who are working as regular employees as well as seasonal employees,then many juniors, who are regular employees, will be appointed as Assistants simply because they possess Post Graduate Degree. If these 116 vacancies are filled up by employees, who are juniors to the petitioners, then at every stage of future promotion, they will go as seniors to the petitioners whereas the petitioners, who have been working in the Corporation for several years as seasonal employees and now as Junior Assistants, will be materially affected. If these 116 vacancies are filled up by employees, who are juniors to the petitioners, then at every stage of future promotion, they will go as seniors to the petitioners whereas the petitioners, who have been working in the Corporation for several years as seasonal employees and now as Junior Assistants, will be materially affected. Therefore, in order to do justice not only to the petitioners, but to all the employees of the Corporation, I am inclined to issue a direction to the Corporation to consider the above suggestion to give relaxation in the matter of educational qualification for appointment to the post of Assistant by direct recruitment orto give relaxation in the matter of experience in the post of Junior Assistant for the purpose of promotionin exercise of the power conferred under Regulation 30 of the Service Regulations and until such a decision is taken, to postpone the process of appointment for the current year. 27. The learned Additional Advocate General would submit that within a period of six weeks, the Board will take a decision and thereafter, will proceed to make appointments by direct recruitment. 28. The learned Senior Counsel appearing for the petitioners, across the bar, agreed for this arrangement and he submitted that his clients would be fully satisfied if this method is adopted by the Corporation. 29. 28. The learned Senior Counsel appearing for the petitioners, across the bar, agreed for this arrangement and he submitted that his clients would be fully satisfied if this method is adopted by the Corporation. 29. In view of the above, the writ petition is disposed of on the following terms: (1) While making appointments to the post of Assistants, for the panel year 2011 and in future, the respondent Corporation shall strictly adhere to Regulations 28 and 29 of the Service Regulations in the manner in which they have been interpreted in the earlier paragraphs of this order; (2) For the panel year 2011 (current year), since it is stated by the learned Additional Advocate General that there are no sufficient number of candidates, who are working on regular basis in the Corporation, as Junior Assistants, for going in for promotion, all the vacancies shall be filled up by means of direct recruitment, in which case, the Appointing Authority, shall be the Managing Director; (3) The Board shall take a decision in exercise of its power under Regulation 30 of the Service Regulations for relaxing the educational qualification for direct recruitment to the post of Assistant from Post Graduate Degree to Under Graduate Degree or to relax the qualification regarding experience as Junior Assistant for the purpose of promotion to the post of Assistant; (4) The decision in this regard shall be taken by the respondent Corporation within a period of 6 weeks from the date of receipt of a copy of this order; (5) After such decision, the Corporation shall proceed to make appointment to the post of Assistant in which case, all the qualified hands, who are already working in the Corporation, on regular basis, shall be considered first, strictly on the basis of seniority; (6) In the event, there are no sufficient qualified hands, who are working on regular basis in the Corporation, then qualified candidates, who are already working as seasonal employees, shall be appointed based on their seniority; (7) Until a decision is taken by the Corporation to relax the educational qualification prescribed or the qualification regarding experience as stated above, the appointment for the panel year 2011 shall not be made by the Corporation and (8) It is made clear that this Court has only made a suggestion to the Corporation to relax the educational qualification or the qualification regarding experience in exercise of its power under Regulation 30 of the Service Regulations and it shall not be taken as a direction from this Court. No costs.