The prayers in this writ petition are as follows;- "i. Issue a writ of mandamus directing the respondents not to make any appointment by promotion to the post of Engineer (Electrical) layer 1 under the integrated establishment, Udyogamandal Complex without formulating a common seniority list and specific criteria for consideration for promotion; ii. Call for the records pertaining to the procedure adopted for appointment by promotion to the post of Engineer (Electrical) layer 1 under the integrated establishment, Udyogamandal Complex and set-aside the same by issuing a writ of certiorari.
iii. Such other order or direction as this Hon'ble Court deems fit and necessary in the interest of justice."
2. Heard Sri.C.A.Joy, learned counsel for the writ petitioner and Sri.Benny Thomas, learned Standing Counsel for the FACT appearing for official respondents 1 and 2 as well as Sri.A.Jayasankar, learned counsel appearing for additional respondents 5 and 6. Though contesting respondents No.3 and 4 have already been duly served, they have not entered appearance.
3. The official respondents 1 and 2 have filed a detailed counter affidavit dated 12.3.2014, in which it has been interalia stated in para 7 thereof as follows:-
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"7). .....As per the above procedure and adopted, promotions are on the basis of selection from the feeder categories from both the erstwhile divisions with the minimum qualification and experience specified and the zone of consideration will be 5 for every vacancy from each of the feeder categories specified. If the number of eligible candidates is less than the zone of consideration, only the eligible candidates will be considered. The feeder categories and minimum qualification and experience for Engineer (Electrical) is fixed as follows:-
Feeder Categories (1) Senior Technician/Teaching Electrical-Petrochemical Plants. Teaching cum Craftsman of Petrochemical Plants also be considered to the extent of shortage in the zone of consideration.
(2) Technician (Thermal-Electrical)-Fertilizer Plants.
(3) Senior Head Craftsman/Technician cum Craftsman/Sr.
Craftsman Electrical (Fertilizer Plants) Minimum Qualification and Experience
(a) Diploma in Electrical Engineering/equivalent in relevant discipline.
Degree/Diploma in Business Management will be a preferred additional qualification.
(b) 12 years experience in Electrical discipline.
Based on the above specifications, eligible candidates from both the erstwhile divisions were called for interview on 28.10.2013. The Interview Committee has set up a criteria for selection of the candidates based on (i) experience after acquiring diploma in engineering (ii) confidential performance assessment reports and
(iii) performance in the interview. The recommendations of the Committee are awaiting approval of the competent authority. The petitioner was considered along with other eligible candidates for the selection. The recommendations of the Committee was solely on merit and seniority is not the only criteria adopted for selection. For selection based on zone of consideration, there is no need to arrive at a common seniority list. The method adopted by the Company forforselection to the said post is based and on composite scores merit (Performance,qualification experience) and therefore is not opposed to any law and there is no violation of any settlement or statutory provisions."
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4. Sri.C.A.Joy, learned counsel for the writ petitioner submits that in the light of the above said submissions, made by the official respondents 1 and 2 in the aforequoted para No.7 of their counter affidavit, the petitioner's grievances could be redressed, if this Court directs those official respondents to ensure that subsequent follow up action is taken based on the interview conducted on 28.10.2013 in which the petitioner had also participated and to effect promotions to the post of Engineer (Electrical-Layer 1),on the basis of such selection and that such selection proceedings may be so finalized without much delay. The learned Standing Counsel appearing for the respondents 1 and 2 and the learned counsel appearing for additional contesting respondents 5 and 6 have no objection to this course of action. In the light of this submission made by the writ petitioner, further steps in the matter for finalizing the above said selection can be done by official respondents only if the interim stay order granted by this Court is vacated. Accordingly, it is also ordered that for finalizing the above said selection process, as agreed to by both the writ petitioner as well as the official respondents, it is ordered that the interim stay order granted by this Court will stand vacated. The official W.P.(C).No. 27224 of 2013 4 respondents 1 and 2 will ensure that the process of selection pursuant to the interview conducted on 28.10.2013 for promotion to the post of Engineer (Electrical - Layer 1) in which the petitioner had also participated, should be finalized without much delay, at any rate, within a period of six weeks from the date of production of a certified copy of this judgment.
With these observations and directions, the aforecaptioned writ petition (civil)stands finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE //TRUE COPY// PA TO JUDGE avk