Promotional conditions imposed by an employer must comply with statutory provisions and principles of natural justice.

JUDGMENT

Petitioners have approached this Court seeking the following reliefs:

“i) To issue a writ of certiorari quashing Ext. P8 to the extent to which it reduces the pay scale of the petitioners from Rs.

42,500-87,000 to Rs. 40,500-85,000;

ii) To issue a writ of certiorari quashing clauses 7, 12, 13 and 14 of Ext.P4 and the same clauses in the similar undertakings signed by the petitioners as unjust, illegal and unsustainable;

iii) To declare that clauses 7, 12, 13 and 14 of Ext.P4 and the same clauses in the similar undertakings signed by the petitioners are illegal and unconstitutional and therefore they will not govern the service conditions of the petitioners;

iv) To issue a writ of mandamus directing the 3^rd respondent to refrain from implementing clauses 7, 12, 13 and 14 of Ext.P4 and the same clauses in the similar undertakings signed by the petitioners against them;

v) To issue a writ of mandamus directing the 3^rd respondent to pass orders granting notional promotion to the petitioner to the post of Manager (Technical)/ District Manager with effect from the respective dates on which they assumed charge of the said post;

vi) To issue a writ of mandamus directing the 3^rd respondent to consider the petitioners for promotion to the post of Director, in accordance with rules as and when applications are invited in this regard despite Ext. P4;

vii) To issue such other orders, directions or writs as may be prayed for under the facts and circumstances of the case.”

Learned counsel for the petitioners submits that as of now they are pressing only reliefs (ii) to (v). Petitioners were working as Deputy Managers (Technical) and were promoted as Manager (Technical)/District Manager in the 2^nd respondent Council as per Ext.P4 order. The grievance of the petitioners is only against the conditions imposed in Ext.P4 order of promotion, especially condition Nos.7, 12, 13 and 14, which are extracted below:

“7. You have to pass the Administrative Competency Test (equivalent to Executive Officers Test) to be conducted by the Council so as to become eligible for further increments.

12. Since the post is managerial/supervisory in nature, you are not allowed to form or associate with any trade union activities.

13. You should work in the posts specified atleast for a period of three (3) years without break in service. During this period, you will not be sanctioned deputation to any other organisations, working arrangements to any other posts/departments/organisations.

14. You will not eligible for availing long leave for reasons other than Medical grounds in said period. Leave on medical grounds exceeding two weeks, will be sanctioned only on the recommendation of the Medical Board.”

2. In the counter affidavit filed by the respondent Council, the stand taken is that since the petitioners have been promoted to the management level, they cannot take part in any trade union, but they have not been barred from being part of any service organisation and further based on Ext.R3(a) produced along with the counter affidavit it is stated that they decided not to invoke condition Nos.13 and 14. Since the entitlement of the petitioners for being members of the service organisations is not barred and only bar is taking part in any trade union activities, as per the statement in the counter affidavit, petitioners cannot have any grievance regarding the same. Now what remains is only condition No.7, which mandates that the promotees should pass the Administrative Competency Test (equivalent to Executive Officers Test) to be conducted by the Council so as to become eligible for further increments.

3. The specific contention raised by the petitioners is that such condition is not provided in Ext.P1 Staff Regulations of the 2^nd respondent Council and without there being any provision in this regard, they cannot impose such a condition for grant of further increments. The stand taken by the respondent Council is that it is based on Chapter XXI of the Regulations, dealin