Notional promotion does not entitle any right.

(Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari, as stated therein.)

R. Sudhakar, J.

The prayer in the writ petition is for issuance of a writ of certiorari, calling for the proceedings of the first respondent dated 5.7.2002 made in O.A.No.796 of 2001 on the file of the first respondent and quash the same.

2. Brief facts of the case are as follows:

The writ petition has been filed by the Joint General Manager in the office of the Heavy Vehicles Factory, Avadi for and on behalf of all the petitioners. According to the petitioners, Shri.A.P.Mohandas, the applicant in O.A.No.796 of 2001, the second respondent herein, was appointed as Trainee in Artisan Training School (HVF) from 15.6.1994 and was made to undergo Journeymanship training from 1.7.1965. After completing the abovesaid training, he was categorised as Tool Maker 'B' with effect from 1.8.1966 as he had secured less than 55% marks in the qualifying examination. However, the second respondent was promoted as Mach 'A' with effect from 26.8.1970 and he was categorised as Mach (M) with effect from 1.12.1974. He was further promoted as Mach Spl. with effect from 16.4.1974 and thereafter, promoted as Highly Skilled Grade-II with effect from 12.6.1982 and re-designated as Highly Skilled Grade-I with effect from 16.11.1982. Subsequently, Shri. A.P. Mohandas was granted notional promotion to the post of Supervisor 'B' (Technical) on 10.5.1993 with effect from 21.7.1971 and re-categorised as Chargeman Grade-II (Technical) with effect from 10.5.1993. The abovesaid factual position is not disputed.

3. The second respondent was given notional promotion to the post of Supervisor 'B' (T) with effect from 21.7.1971 by order dated 10.3.1997. According to the second respondent, after the order dated 10.3.1997, his seniority in the grade of Chargeman-II (Tech) should also have been revised so as to enable him to be promoted to the next higher post. According to the second respondent, he had made several representations. He was not considered for subsequent promotion. Therefore, he filed O.A.No.796 of 2001 seeking promotion to the grade of Assistant Foreman in the pay scale of Rs.6,500-10,500 on par with his juniors.

4. Learned counsel for the second respondent contended that one V.N.Dhanapal was promoted as Assistant Foreman with effect from 21.2.2000 and the said person was junior to the second respondent in the grade of Supervisor 'B' (Technical) and accordingly, the second respondent is entitled for promotion to the grade of Assistant Foreman with effect from 21.2.2000.

5. The contention made by the second respondent is repelled by the petitioners-Department on the ground that the second respondent and similarly placed persons were given appropriate seniority in the grade of Supervisor 'B' (Technical) with effect from 21.7.1971 by way of notional seniority and were placed en-bloc below those who were appointed on and before 10.5.1993. According to the petitioners, the Ordnance Factories come under the over-all control of the Department of Defence Production, Ministry of Defence, having its own training schools. The selected candidates are trained in the training institute. On successful completion of training as Journeymanship, they are appointed to the respective posts in the industrial establishment according to the vacancies available in the factory. Upto the year 1976, the position was that the individuals who secured more than 55% marks (approximately) in the qualifying examination were appointed as 'A' Grade Workman, whereas the individuals who have secured less than 55% marks in the qualifying examination were appointed as 'B' Grade Workman. Over the period of time, the individuals who were graded in 'A' Grade were able to move up in the hierarchy due to the efficiency and merit. However, the individuals in Grade 'B' could not be promoted to 'A' Grade even though they were serving for several years. The employ