Promotion process must adhere to established procedures and complaints can necessitate review by a designated committee.

J U D G M E N T

Dated this the 20^th day of February, 2026 The petitioners are employees working under the Malabar Cements Limited, which is a fully owned Public Sector Company under the Government of Kerala. The petitioners, after qualifying Diploma in Electrical Engineering and after due selection process, including written test and interview, were rightly included in the Rank list and got selection and appointment to the post of Foreman (Electrical) 7^th Grade in the non-management category in the 2^nd respondent-Company during 2011. Exts.P1 and P1(a) are the appointment orders.

2. The petitioners joined duty pursuant to Exts.P1 and P1(a) in the 2^nd respondent-Company from 19.05.2011 and 10.06.2011 respectively. So far, no disciplinary proceedings are initiated against the petitioners, nor any adverse entry has been made in their past service. As per the office order issued by the 2^nd respondent- Company, Foreman (Electrical) 7^th Grade having 7 years experience from the feeder category is entitled to get promotion to the post of Senior Foreman (Electrical), Grade M7 (Technical Cadre).

3. The petitioners completed more than 10 years in the feeder category. Their claim for promotion to the post of Senior Foreman (Electrical), Grade M7 (Technical Cadre) was not considered. The 2^nd petitioner filed Ext.P2 before the 2^nd respondent. It was recommended to the Government and accordingly, Ext.P3 order was passed allowing conversion of 2 posts of Senior Foreman (Mechanical) to Senior Foreman (Electrical).

4. The petitioners are the only candidates eligible to get promotion from the feeder category. They submitted Exts.P4 and P5 to respondents 1 and 2 requesting to implement Ext.P3 retrospectively from 11.03.2025. The 2^nd respondent issued Ext.P7 notification for section of technical and non-technical staff of the Company, including the post of the petitioners. The petitioners submitted application. Now, based on Ext.P7 and other issues relating to the non-technical staff of the 2^nd respondent-Company, the respondents are not proceeding with Exts.P3 and P6 for promoting the petitioners to the post of Senior Foreman (Electrical) M7 from the technical cadre.

5. I have heard the learned Counsel for the petitioners, the learned Government Pleader representing the 1^st respondent and the learned Standing Counsel representing respondents 2 to 5.

6. Standing Counsel representing respondents 2 to 5 submits that certain complaints have been received from various quarters including workers'

representative union regarding promotion procedure to various posts. Taking into consideration the number and nature of complaints received, the Company has decided to look into the matter. A Sub Committee has been constituted for this purpose. The Sub Committee will look into the complaints raised by the petitioners in the matter of promotion to the post of Senior Forman (Electrical). The Sub Committee has to look into complaints relating to other posts also.

In the facts and circumstances of the case, the writ petition is disposed of directing the Sub Committee under respondents 2 to 4 to conclude the proceedings within a period of three months and take appropriate decision in the matter of appointment/promotion to the post of Senior Forman (Electrical). The claim of the petitioners shall be considered soon thereafter depending upon the recommendations and decisions of the Company. Needless to say, if the decision of the Sub Committee or the Company is against the petitioners, the petitioners will be free to challenge the same in accordance with law.

Sd/-