Heard both sides. Aggrieved by the decision taken by the respondent Company to fill up the post of Assistant Plant Engineer/Assistant Process Engineer in violation of Ext.P1 promotion policy, these writ petitions are filed. In W.P.(C) No. 15886 of 2005, this Court by interim order dated 04.07.2005 permitted the respondent to proceed with Ext.P3 notification. Paragraphs 6 and 10 of the said order read as follows:
"6. The averment made in the writ petition is that vacancies in the post of Assistant Process Engineer/Assistant Plant Engineer are exclusively meant for the promotion of feeder category members. This averment is not disputed in the counter affidavit. In fact, the respondent states that all vacancies arising in the above posts except vacancies not filled up due to the pendency of cases before this Court at the instance of the employees have been filled up in accordance with Ext.P1 promotion policy, by promoting eligible seniormost operators Grade-A and Technicians Grade -A. It is also stated that Process Engineer/Plant Engineer is a higher category. As per the promotion policy 50% of the vacancies in the post of Process Engineer/Plant Engineer have to be filled up by promotion from the feeder category of Assistant Process Engineer/Assistant Plant Engineer and the remaining 50% of vacancies have to be filled up by direct recruitment. The respondent decided to fill up 17 vacant posts of Assistant Engineers/Plant Engineers earmarked for open recruitment by inviting W.P.(C) No.15886 & 16877 of 2005 -:2:- applications from candidates. Initially the respondent wanted to appoint Engineering graduates with first class and M.B.A as Process Engineers/Plant Engineers. But sufficient number of candidates having the above qualification was not available, and, therefore the respondent decided to recruit candidates with M.B.A in lower level by downgrading the post of Process Engineers/Plant Engineers. It was in the above circumstances Serial No.III was included in Ext.P3 notification. This in short is the background, according to the respondent, which led to the inclusion of Serial No.III in Ext.P3 notification.
10. Having heard the submissions of the counsel on either side and perused the writ petition and the counter affidavit, I am inclined to permit the respondent to proceed with Ext.P3 notification. I do so, mainly, for the reason that the respondent has submitted before this Court that the rights of the feeder category members for promotion to the post of Assistant Process Engineer/Assistant Plant Engineer will not be affected in any manner by the recruitment of Assistant Engineer Trainees. I have also taken into consideration the submissions made by the counsel for the respondent that Assistant Engineer Trainees will be appointed only by downgrading the post of Process Engineer/Plant Engineer coming within the 50% quota meant for external recruitment, that on successful completion of the training, candidates recruited as Assistant Engineer Trainees will be absorbed as Process Engineer/Plant Engineer by restoring the downgraded posts so as to ensure that direct recruits do not hold the post of Assistant Process Engineer/Assistant Plant Engineer which are exclusively meant for promotion of eligible and qualified members of the feeder category. I have taken notice of the stand taken by the respondent that recruitment of Assistant Plant Engineer/Assistant Process Engineer Trainees has become necessary under the special circumstances explained in the counter affidavit. Interim order is, hence not extended."
2. In W.P.(C) No. 16877 of 2005, this Court has not W.P.(C) No.15886 & 16877 of 2005 -:3:- extended the interim order granted on 06.06.2005, in view of the above order passed in W.P.(C) No. 15886 of 2005.
3. The interim order dated 04.07.2005 quoted above has been complied with. These writ petitions are therefore closed.
sd/- B.P. RAY, JUDGE.
rv