RAMDHANI SHUKLA Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) Proceedings of this matter have been taken-up through video conferencing.

(2.) The petitioner in this writ petition seeks appropriate writ/direction commanding/directing the official respondents to consider the case of the petitioner for the promotional post of Console Operator T&S Grade-A with effect from 4/9/2008 i.e. the date on which respondents No.4 to 6 (juniors) were promoted on the post of Console Operator T&S Grade-A and also seeks all consequential benefits like seniority, pay, etc., on the said post with effect from 4/9/2008.

(3.) The petitioner has filed this writ petition stating inter alia that he was initially selected in South Eastern Coalfields Limited (SECL) on the post of General Mazdoor Category-I on 26/11/1986 and later-on, he was promoted on the post of Junior Data Entry Operator T&S Grade-E and lastly, he was promoted as Junior Console Operator T&S Grade-B on 30/8/2002 in accordance with the Cadre Scheme. It is the further case of the petitioner that in the year 2008, vacancies arose for the post of Programmer Assistant/Console Operator T&S Grade-A and as per the Cadre Scheme, the petitioner and respondents No.4 to 6 were eligible and their cases have been considered as per the Cadre Scheme vide Annexure P-5, page 23 of the writ petition, in the meeting of Departmental Promotion Committee (DPC) convened on 21/7/2008 on the criteria applicable i.e. merit-cum-seniority and the said Committee adopted methodology, which provides that 60 marks were kept for merit and 40 marks for seniority and 70 marks were fixed as cutoff marks for eligibility in promotion. It is also the case of the petitioner that he secured 96 marks, whereas the private respondents i.e. respondents No.4 to 6 have secured 90 marks each, but the DPC recommended the names of 7 candidates including respondents No.4 to 6 for promotion on the basis of seniority excluding the petitioner and thereby adopted the criteria of seniority- cum-merit saying go-by to the applicable criteria of merit-cum- seniority, therefore, the petitioner is deprived of the promotional post on 4/9/2008, though he was later-on promoted on 25/1/2011, but he is entitled to be considered and promoted on the post of Console Operator T&S Grade-A with effect from 4/9/2008 as his juniors - respondents No.4 to 6 were promoted on the said date and is also entitled for the promotional benefits.