SHIV KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition, the petitioners seek a writ/direction to quash the order dated 18th October, 1995 (Annexure P/3) whereby applications were invited from the regular employees working in plant, mines, township and construction, for the post of Junior Executive (Coordination) (for short 'the JEC'), order dated 8th May, 1996 (Annexure P/10) whereunder, the respondents. 4 and 5 were appointed on the post of JEC on the basis of selection on probation for a period of six months from the date of taking over the charge of the appointed post and the order dated 12th January,1998 (Annexure P/11) whereby, the respondents 6 and 7 were appointed on the post of JEC on the basis of selection on probation for a period of six months from the date of taking over the charge of the appointed. The petitioners further seek a direction to allow the petitioners 5, 6, 8, E-0 grade at par with the respondents 4 and 5 granting service and monetary benefits to the petitioners as given to the respondents 4 and 5 under order dated 08th May, 1996, w.e.f. 01st September, 1996. Further, a direction is sought to consider the petitioners 12, 16, 17, 20, 21, 22, 23, 24 and 28 over respondents 6 and 7 for granting service and monetary benefits as granted to the respondents 6 and 7 under the order dated 12th January, 1998 (Annexure P/11) as the respondents 6 and 7 were junior to the petitioners 12, 16, 17, 20, 21, 22, 23, 24 and 28 as they were allowed E- 0 grade w.e.f. 13.12.1997. The petitioners also sought a writ of mandamus commanding the respondents 1 to 3 to follow the promotion policy as indicated in Annexure P/9 or to evolve a well settled policy for recruitment and promotion, further, a writ of mandamus commanding the respondents 1 to 3 to avoid malpractice in future and any other relief.

(2.) THE brief facts, in nutshell, as projected by the petitioners are that the petitioners were working as Private Secretary in L-10 grade, also known as S-10 grade with the respondent Steel Authority of India Limited (for short 'the SAIL') at Bhilai Steel Plant (for short 'the BSP'). In the seniority list of L-9 and L-10 employees, as on 22nd July, 1994 (Annexure P/1) the next promotion from the S-10 grade, was to the post of Junior Executive (PS) i.e. E-0 grade. Pursuant to the circular dated 18th October, 1995 (Annexure P/3), applications were invited from the regular employees working in the Plant, Mines, Township and Construction for the post of JEC wherein qualifications and experience was prescribed. On 01st January 1997, there were 72 PS (S-10) in BSP and all the 72 PS were eligible to be called for interview for promotion as Jr. Executive (PS). This practice was followed till the year 1990. THEreafter, certain persons were called for interview during 1990 but thereafter, they were not called subsequently. Thus, the senior persons were denied the right to be promoted. In the year 1993, while moving a note for appointment of one Shri M.Shankar [Now Sr. Executive (PS)] in E-2 Grade in BSP on transfer from MECON, a non-SAIL Unit, the management specifically mentioned 12 vacancies in Executive (PS) cadre at that time. On 01st January, 1993, the strength of Executive (PS) in BSP was 51. From 1993 till December, 1997, 27 PS were separated from the cadre due to retirement/re- designation. Thus, the vacancies upto December, 1997 comes to 11+27 i.e. 38. Out of 38, only 11 were promoted from 1993 till filing of the petition, still leaving huge vacancies in the Executive (PS) cadre. In other units of SAIL, the promotion policy for promotion from non-executive to executive cadre was implemented, as aforestated. However, in the BSP, this policy has been ignored and a circular was issued by creating a new post, new cadre probably with a view to accommodate certain persons and thereafter, the officials associated with higher authorities were given promotion. A new post of the JEC was created by the BSP on 18th October, 1995. THE circular dated 18th October, 1995 was not specific with regard to number of vacancies to be filled, proposed place of posting and preparation of panel.

(3.) DR. Shukla would further submit that there is no relevance of the seniority list prepared by the petitioners themselves as this is not a case of promotion, but is a case of selection. Since the number of eligible candidates was much high, it was though fit in June 1992 to call the eligible non-executive employees in the ratio of 1:3 with reference to the existing vacancies in the order of their seniority. As regards appointment of Shri Shanker, it is a case of appointment of an Executive Private Secretary from one Public Sector to another Public Sector with the consent of both the managements. Shri Shanker was working in MECON with the approval and consent of both the Managements of MECON and SAIL, BSP, Shri Shanker was appointed in BSP on 01st April, 1993 as per organizational requirement. The Private Secretaries in BSP have been promoted to E-0 level from time to time as per their seniority position and the provisions of E- 0 promotion policy.