JUDGMENT :

ANITA SUMANTH, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the concerned records relating to the Circular No. PEC/E5/Final Seniority/2K/2078 dated 21.6.2000 by the 5th respondent and Order No. 1587/2004/CS dated Nil passed by the 1st respondent and served on the petitioner by the 5th respondent on 3.3.2004 and quash the same and consequently direct the respondents to make promotions as per the final combined seniority list of helpers (Senior Grade/Helpers) of Pondicherry Engineering College, published by the 5th respondent in his Memorandum No. PEC/E3/SC-M/2000/161 dated 13.1.2000.

1. The petitioner, Pondicherry Engineering College Employees' Union, challenges Circular No. PEC/E5/Final Seniority/2K/2078 dated 21.6.2000 issued by the Principal, Pondicherry Engineering College (hereinafter referred to as “college”) and order dated Nil passed by R1, i.e. the Chairman-cum-Chief Secretary to Government, Government of Pondicherry, served upon the petitioner on 03.03.2004. A consequential direction is sought to respondents to promote its members as per the final combined seniority list of Helpers (Senior Grade/Helpers) in the college, published by R5, vide his Memorandum No. PEC/E3/SC-M/2000/161 dated 13.1.2000.

2. The members of the petitioner union, which claims to be a registered trade union, are Helpers in the college. The avenue of promotion available to them is multi-channel, to several higher grades, such as, lab attender, lower division clerk (LDC), store keeper GR.III, mechanic, book restorer, counter assistant, audio visual technician and data entry operator among others.

3. According to the petitioner, the Rules of Recruitment that had originally been in force provide for promotion as aforesaid to all Helpers with five (5) years of regular service. In line therewith, Memorandum dated 13.01.2000 has been published by the College which was the final updated seniority list of Helpers. This seniority list was prepared as per practice prevailing then, based on the date of appointment of the Helpers in the college. The members of the petitioner seek the benefit given to them under this combined seniority list. It is their say that this is the correct basis to be followed for promotions and that this basis is in tandem with the method of promotion followed by various Ministries/Departments of the Government of Puducherry.

4. While this is so, there was a proposal vide Circular dated 01.12.2000 to revise the seniority list and to change the method of promotion followed in seven identified categories which were, Office Library, DPE, Dispensary, Pump Operators, Electrical Wing, Auto Section, Horticultural Wing, Estate Office (other than Pump Operators) and Engineering Departments.

5. The senior grade Helpers were to exercise an option for consideration of their names for promotion to any one of the aforesaid Departments on or before 29.02.2000. The option exercised shall be final and the condition for promotion was that the employees seeking such promotion should have worked in that section for at least 5 years.

6. Objections were raised by members of the petitioner union, who were of the view that it was discriminatory and restricted the chance of promotion to all on an equal basis. The proposal to change the method of recruitment was questioned before the management of the college. However, the college published a final seniority list of Helpers on 21.06.2000, based on the seniority within the seven Departments as enumerated earlier. Thus, the shift in policy was that, as against the earlier pattern of according seniority based on date of appointment in the college, seniority would now be determined within or intra-department to which they had exercised their option.

7. Several representations were made by members of the petitioner union and the time for exercise of option was also extended till 16.10.2000. Objections were f