IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 29531 of 2009(J) -------------------------- PETITIONER(S): --------------- I.MOHAMMED SULAIMAN, PERSONNEL OFFICER, NOW WORKING AS OFFICER IN-CHARGE OF SALES OFFICE, MALABAR CEMENTS LTD., KANNUR. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MALABAR CEMENTS LTD., REPRESENTED BY ITS MANAGING DIRECTOR, WALAYAR, PALAKKAD. 3. SHRI.R.JAYAPRAKASH, DEPUTY MANAGER (PERSONNEL & ADMINISTRATION), MALABAR CEMENTS LTD., WALAYAR, PALAKKAD. ADV. SRI.K.ANAND (A.201) FOR R2 SMT.LATHA KRISHNAN FOR R2 MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29531 of 2009 --------------------------------- Dated, this the 2nd day of November, 2009 J U D G M E N T The petitioner is an employee of the 2nd respondent Company. He is aggrieved by Exts.P14 & P15. 2. In so far as Ext.P14 is concerned, that is the minutes of the proceedings for selection to the post of Deputy Manger (Personnel and Administration) Grade M4. This shows that the Company had invited applications from internal candidates for filling up the aforesaid post, specifying the qualifications, which are, Post Graduate Degree in Personnel Management or Post Graduate Diploma in Personnel Management (equivalent to PG Degree) and a minimum 10 years relevant experience. The petitioner applied in response to the notification, and eventually, the 3rd respondent was selected. 3. Going by Ext.P14, the petitioner's qualification and experience noted are as follows:- “2. Sri.I.Mohammed Sulaiman, Code NO.492, Officer in Charge, Grade M6 WP(C) No.29531/2009 -2- MA 1988 PG Diploma in (IR & PM) - 1990 PG Diploma in HR - 2002. 02/07/1984 - Mazdoor, Gr.E 01/01/1988 - Machinery Attendant, Grade D 25/06/1993 - Welfare Officer Trainee 25/06/1994 - Welfare Officer, M7 Promotion 29/10/1997 - Suspension 18/11/1998 - Reinstated and assigned as Officer Special duty. 27/06/2001 - Punished for indulging in act unbecoming of a public servant (withholding of annual increment) three increments/and job assignment only in Railway liason. 22/10/2003 - Punishment reviewed - one increment withholding without cumulative effect. 01/06/2004 - Personnel Officer, Grade M6 - Promotion - to continue with Railway Liason works. 25/06/2007 - Period of suspension from 29/10/1997 to 17/11/1998 treated as duty. 27/09/2008 - Officer in Charge - Kannur Sales Office. Total experience in MCL - 16 years in Managerial cadre Date of retirement - 31/05/2020.” 4. In so far as the 3rd respondent is concerned, the qualification and experience noticed are the following:- “1. Sri.R.Jayaprakash, Code No.1325 Asst.Manager (P&A), Grade M5 B.Sc Zoology - 1975 MSW (1977) with specialisation of Personnel Management Industrial relations and Labour Welfare WP(C) No.29531/2009 -3- 09/09/2002 - Personnel Officer on deputation 21/02/2004 - Personnel Officer, Grade M6 09/06/2005 - Asst. Manager (P&A), Grade M5 Total experience in MCL : 7 years Prior to joining MCL : i) 20 years experience in Trivandrum Spinning Mills and Kerala Tourism Development Corporation (State PSUs) as Personnel Officer / Deputy Manager (P&A) ii) Personnel Officer - 28/04/1982 to 01/02/1992. iii) Dy.Manager (P&A) - 02/02/1992 to 08/09/2002 iv) 2 years experience in Bhagavathy Textiles as Labour Officer - 1980 to 1982. Due date for retirement : 30/11/2012” 5. A reading of the experience noticed above itself shows that the petitioner does not possess 10 years experience in personnel and administration. If that be so, the petitioner admittedly is an ineligible candidate, and what he is impugning is the selection of the 3rd respondent, who evidently satisfies the required length of experience prescribed for the post in question. If that be the situation, I cannot find fault with the Company in having rejected the candidature of the petitioner. 6. Other grievance of the petitioner is in relation to Ext.P15 WP(C) No.29531/2009 -4- vacancy notification, in so far as it concerns the post of Assistant Manager (Personnel & Administration). The learned counsel for the petitioner submits that the petitioner satisfies the educational qualifications and 5 years experience prescribed for the above post. 7. It is not the case of the petitioner that the Company has taken any decision on the applications received in pursuance to Ext.P15. On the other hand, he apprehends that, his candidature is likely to be rejected. If that be so, at present, no decision prejudicial to the interest of the petitioner has been taken by the Company. If that be so, his grievance against Ext.P15 is purely anticipatory, and as at present, he has no legally redressable grievance to seek its redressal in a proceedings under Article 226 of the Constitution of India. This writ petition fails, and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg