BY AD vs SRI.P.L.VENUKUMAR, CGC

BY ADVS. SRI.P.L.VENUKUMAR, CGC SRI.SRI.P.K.MANOJKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12065 OF 2015 4 P.V.KUNHIKRISHNAN, J. ------------------------------ W.P.(C)No. 12065 of 2015 ---------------------------------------------- Dated this the 09th day of January, 2024 JUDGMENT The above writ petition is filed with the following prayers: “i) to issue a writ in the nature of certiorari or other appropriate writ or order quashing Exhibits P10 to P13 communications of Respondents 7 to 10, rejecting the claims of Development Officers for assured time bound promotions. ii) to issue a declaration that Development Officers working in respondents 2 to 5 Companies are entitled for time bound/grade promotions during their service career in terms of the prescriptions and policy decisions of the Central Government, in the wake of the fundamental rights guaranteed under Articles 14 and 16 of the Constitution of India. iii) to issue a writ in the nature of certiorari or other appropriate writ or order quashing Exhibit P1 and other similar promotion policies of the respondent Companies WP(C) NO. 12065 OF 2015 5 to the extent the same deny to the Development Officers working in all the 4 respondent Companies the benefit of at least 2 assured promotions in their service careers in consonance with the prescriptions of the 5th and 6th Central Pay Commissions all of which had been accepted and implemented. iv) to issue a writ in the nature of mandamus or other appropriate writ or order directing the respondents to grant at least 2 time bound/grade promotions to the petitioners and other Development Officers in the service of respondents 2 to 5 Companies. v) to grant such other and further reliefs as may be prayed for and to which this Hon'ble Court may deem just and necessary in the circumstances of the case.”[SIC]

2. After hearing the counsel appearing for the petitioners for some time, I am of the considered opinion that the contention raised by the petitioners in this writ petition is to be raised before the 1st respondent. The petitioners can file a representation before the 1st respondent and there can be a direction to the 1st respondent to consider the same and pass appropriate WP(C) NO. 12065 OF 2015 6 orders in it after giving an opportunity of hearing to one of the petitioners. Therefore, this Writ petition is disposed of in the following manner: i. Petitioners are free to file a representation before the 1st respondent narrating the grievance raised in this writ petition, within a period of one month from the date of receipt of a stamped certified copy of this judgment. ii. Once such a representation along with a certified copy of this judgment and a copy of this writ petition with exhibits is received, the 1st respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to one of the petitioners, within a period of four months from the date of receipt of the representation. Sd/- DM P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 12065 OF 2015 7 APPENDIX OF WP(C) 12065/2015 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE REVISED PROMOTION POLICY FOR PROMOTION OF DEVELOPMENT OFFICERS GRADE 1 TO THE CADRE OF SCALE I OFFICERS COMMON TO THE RESPONDENT COMPANIES EXHIBIT P2 COPY OF THE NOTIFICATION DATED 22/9/2014 OF R3 EXHIBIT P3 COPY OF THE NOTICE DATED 24/5/2013 ISSUED BY THE 3RD RESPONDENT COMPANY EXHIBIT P4 COPY OF THE NOTICE DATED 8/1/2015 ISSUED BY R3 COMPANY GRANTING RELAXATION OF QUALIFICATIONS TO THE CADRE OF ASSISTANTS EXHIBIT P5 COPY OF THE MINUTES DATED 26/6/2014 OF THE MEETING AT THEOFFICE OF THE 6TH RESPONDENT EXHIBIT P6 COPY OF THE PETITION DATED 11/8/2014 OF THE FIRST PETITIONER ADDRESSED TO THE RESPONDENT COMPANIES EXHIBIT P7 COPY OF THE JUDGMENT DATED 23/10/2014 OF THIS HON'BLE COURT IN WPC NO. 2573111/2014 EXHIBIT P8 COPY OF THE HEARING NOTES SUBMITTED BY THE FIRST PETITIONER TO THE RESPONDENT COMPANIES EXHIBIT P9 COY OF THE COVERING LETTER WP(C) NO. 12065 OF 2015 8 OF THE FIRST PETITIONER APPENDED TO EXHIBIT P8 HEARING NOTE EXHIBIT P10 COPY OF THE COMMUNICATION DATED 23/2/2015 RECEIVED BY THE FIRST PETITIONER FROM R7 EXHIBIT P11 COPY OF THE COMMUNICATION DATED 24/2/2015 RECEIVED FROMTHE 8TH RESPONDENT EXHIBIT P12 COPY OF THE COMMUNICATION DATED 18/2/2015 RECEIVED FROM THE 9TH RESPONDENT EXHIBIT P13 COPY OF THE COMMUNICATION DATED 19/2/2015 RECEIVED FROM THE 10TH RESPONDENT EXHIBIT P145 COPY OF THE CERTIFRICATE OF MERIT ISSUED TO THE 3RD PETITIONER JOINTLY BY THE 3RD & 8TH RESPONDENTS RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE