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2002 Supreme(Mad) 764

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.Kulasekaran, J.
R.Muthuswami
Versus
The Tamil Nadu Cements Corporation Limited, represented by its Managing Director, Madras-2 and others
W.P.Nos.21224 to 21226 of 1994, 17443 of 1994 and 13229 of 1996 and W.M.P. Nos.2232, 2234, 2336 and 17919 of 1996
Decided On : 14 August 2002

Advocates:
N.Kannadasan, for Petitioner in W.P. Nos.21224 to 21224 of 1994.
C.K.Chandrasekaran, for Petitioner in W.P. Nos.17443 of 1994 and 13229 of 1996.
R.Viduthalai, for Respondent Nos.1 to 4 in W.P. Nos.21221 to 21226 of 1994 and for Respondent Nos.1 and 2 in W.P. No.17443 of 1994 and for Respondent No.1 in W.P. No.13229 of 1996.
K.Chandru, for Mrs.G.Thilakavathi, for Respondent No.2 in W.P. No.21225 of 1994.

Guidelines given by Apex Court in the matter of granting promotion has to be followed.

Headnote:Service Law-Appointment-Posts requiring to be filled up by selection are filled up by promotion-Promotion being contrary to the normal procedure challenged by filing writ petitions-Held, guide lines given by the Apex Court to be followed-On the basis of seniority promotion and Upgradation made set aside-Direction for filling up vacancies to be filled up by following the proper procedure-Writ petition allowed.

ORDER: As the subject matter of all the above writ petitions is common in nature, all these writ petitions are disposed of by this common order.

2. W.P. Nos.21224 and 21225 of 1994 are filed to call for the records relating to the proceedings in ACW/PL-1/94, dated 8.7.1994 of the third respondent and quash the order passed therein and consequently direct respondents 1 to 4 to fill up the post of Personnel Executive by calling for applications from among all internal candidates who are possessing the statutory qualifications meant for the post of Welfare Officer by the issue of writ of certiorarified mandamus.

3. W.P. No.21226 of 1994 is filed to call for the records relating to the proceedings in 3844/PL-1/92, dated 11.7.1994 of the fourth respondent and quash the order passed therein and consequently direct respondents 1 to 4 to fill up the post of Personnel Executive by calling for applications from among all internal candidates who are possessing the statutory qualifications meant for the post of Welfare Officer by the issue of writ of certiorarified mandamus.

4. W.P. No.17443 of 1994 is filed for issue of a declaration declaring the appointment/ promotions of respondents 2, 3 and 4 as Personnel Executive in July, 1994 as illegal and consequently direct the respondent to call for applications from among the eligible employees for five posts of Personnel Executive and select persons by following reservation for Scheduled Caste/ Scheduled Tribe employees.

5. W.P. No.13229 of 1996 is filed for issue of a declaration declaring the appointment/ promotions of respondents 2 to 4 as Personnel Executive in July, 1984 as illegal, arbitrary and in violation of Arts.14 and 16 of the Constitution of India and consequently direct the first respondent to call for applications from among the eligible employees for three posts of personnel executive and select persons by following reservation for Scheduled Caste/ Scheduled Tribe employees.

6. Learned counsel for the petitioners Mr.Kannadasan submitted as follows:

Petitioners in all the writ petitions are employees of the Tamil Nadu Cements Corporation Limited which was established in the year 1976. The Corporation consists of five units. The petitioner in W.P. Nos.21224 to 21226 of 1994 entered into the service of the Corporation as Junior Assistant on 24.11.1977. From the year 1976 to 1992, 13 persons were recruited/ promoted as Assistant Personnel Executive or Assistant Personnel Officers out of which two persons did not satisfy the requisite qualification. The duties and functions of the Assistant Personnel Officers/ Assistant Personnel Executives are sensitive in nature and whenever vacancy arose for the post of Assistant Personnel Officer/ Personnel Executive, the Corporation has been consistently inviting applications from eligible employees working within the Corporation provided they satisfy the requisite educational qualification viz., degree with diploma in Personnel Management, Industrial Relations and Labour Welfare or P.G. degree or diploma in Social work or the qualifications prescribed for the Welfare Officer as per the Factories Act, 1948. In a circular dated 27.2.1986 issued by the third respondent/ the General Manager, Tamil Nadu Cements Corporation, the above mentioned qualifications were prescribed. Even in the recent circular dated 30.8.1994 of the same respondent calling for applications to fill up the vacancy in the post of Personnel Executive in the office of the Tamil Nadu Asbestors, Alangulam also prescribes the same qualification. The petitioner- Muthuswami has applied to the above post pursuant to the circular dated 30.8.1994. Written test and interview were scheduled to be held on 10.10.1994, but, they were postponed without any definite date. The said post can be filled up only by selection and not by promotion which is evident that one P.K. Sagar, the then Superintendent who was promoted and appointed as Assistant Personnel Officer only by the method of selection as






























































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