IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8091 of 2008(S) ------------------------- OA.809/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ SMT. SHIRLY SIVARAMAN ASSISTANT A, ELECTRONIC REGIONAL TEST LABORATORY (SOUTH) ELECTRON HOUSE, VELLAYAMBALA, VIKAS BHAVAN, THIRUVANANTHAPURAM-30. BY ADV. SRI.K.A.ABRAHAM SRI.BIJU MARTIN RESPONDENTS: ------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE MINISTRY OF INFORMATION AND TECHNOLOGY, CGO COMPLEX, ELECTRONICS NIKETHAN LODHI ROAD, NEW DELHI-03. 2. THE DIRECTOR GENERAL,STANDARDISATION TESTING AND QUALITY CERTIFICATION, (STQC)CGO COMPLEX, ELECTRONICS NIKETHAN LODHI ROAD, NEW DELHI-03. 3. THE DIRECTOR, REGIONAL TEST LABORATORY (SOUTH) ELECTRON HOUSE VELLAYAMBALAM, VIKAS BHAVAN, PO, THIRUVANANTHAPURAM.695 030. 4. SRI.W.A. C DHAYAMANI, OFFICE OF THE DIRECTOR,ELECTRONIC TEST AND DEVELOPMENT CENTRE VSI ESTATE, THIRUVANMINUR,CHENNAI, 600041. 5. SRI.B.SELVARAJAN,ASSISTANT B ELECTRONIC TEST AND DEVELOPMENT CENTRE VSI ESTATE, THIRUVANMINUR,CHENNAI, 600041. 6. SRI. B.INDRASENA. THUMMLA ASSISTANT B ELECTRONIC TEST AND DEVELOPMENT KAMALA NAGAR ECIL P.O.,HYDERABAD 500762 7. SRI. SANTHOSH A PARAB, ELECTRONIC TEST AND DEVELOPMENT CENTRE PILERENE INDUSTRIAL ESTATE SALIGAO, GOA 403 571. 8. SRI. S.SELVAMANI ASSISTANT B ELECTRONIC TEST AND DEVELOPMENT CENTRE VSI ESTATE THIRUVANMIYUR, CHENNAI 600 041 9. SMT.REKHA ARUN NIGHATE,ASSISTANT B ELECTRONIC TEST LABORATORY (WEST) MIDC AREA ANDHERI EAST, MUMBAI 400093. 10. SRI.M.N.AJOY KUMAR ASSISTANT B ELECTRONIC TEST DEVELOPMENT CENTRE PEENYA INDUSTRIAL ESTATE,BANGALORE 560 058. 11. SRI.SUBHASISH GUPTA ASSISTANT BY ELECTRONIC TEST DEVELOPMENT CENTRE CHERIALI G.S.ROAD, DISPUR, GWAHATI 781 006. 12. SRI.B.T.GANGAIAH,ASSISTANT B ELECTRONIC TEST DEVELOPMENT CENTRE PEENYA INDUSTRIAL ESTATE BANGALORE 560 058. 13. SMT.UMA RANI, ASSISTANT B ELECTRONIC TEST DEVELOPMENT CENTRE B-108, PHASE VIII, MOHALI 160051. 14. SRI.MANMOHAN SINGH ASSISTANT B REGIONAL TEST LABORATORY (N) S.BLOCK, OKHALA INDU AREA,PH II, NEW DELHI 110 020. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.8091 OF 2008-S -------------------------------------------------------------- Dated this the 17th day of March, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner was the applicant in O.A.No.809/2004. Feeling aggrieved by Ext.P4 order of the C.A.T, to the extent it is against the applicant, this writ petition is filed. The brief facts of the case are the following: The petitioner was a Lower Division Clerk working under the Department of Power of the Union of India. She was appointed as LDC in Electronic Regional Test Laboratory (South) at Trivandrum. There were different laboratories/centres spread all over the country under the 2nd respondent, Director General, Standardisation, Testing and Quality Certification. The post of LDC was later converted as Assistant -A and the post of UDC was renamed as Assistant-B. All the laboratories/centres were integrated into one unit for the purpose of seniority, appointment, promotion etc., in the year 2000. The petitioner's submission is that the persons, who joined other laboratories/centres, were WPC.NO.8091/2008 . 2 promoted earlier as UDC. Therefore, she should also be promoted as UDC/Assistant-B, it is submitted. Since she did not get any promotion before integration in the year 2000, she was shown only as Assistant-A in the combined All India seniority list. The petitioner claimed placement in the said list as Assistant-B with effect from the date the persons, who were having lessor length of service in other laboratories/centres, were promoted as Assistant-B. The said prayer of the petitioner was rejected by the C.A.T. The Tribunal found that each laboratory/centre was treated as a separate unit for the purpose of seniority, appointment, promotion etc. That being so, there cannot be any inter se seniority between employees working in different centres/laboratories before the integration. On that basis, the petitioner's claim was rejected. So, this writ petition is filed challenging Ext.P4 order of the C.A.T to the extent it rejected the petitioner's aforementioned claim. 2. We find that before the integration took place in the year 2000, each laboratory/centre has been treated as a separate unit. It is true, they were being controlled and administered by the 2nd respondent. But even in a unitary department, there can be several WPC.NO.8091/2008 . 3 separate units for seniority, promotion, retrenchment etc. As long as the petitioner laboratory remains as a separate unit, she cannot claim promotion with effect from the date the persons in some other units were promoted on the ground that those persons joined service after the petitioner entered service. We find nothing wrong with the said finding of the Tribunal. We agree with the reasons and conclusions of the Tribunal. In the result, the writ petition fails and it is dismissed. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl WPC.NO.8091/2008 . 4