ALOK AGRAWAL Vs. STEEL AUTHORITY OF INDIA LIMITED

JUDGEMENT

(1.) THE petitioners are non-executive employees of bhilai Steel Plant, a subsidiary of Steel Authority of india Ltd. (in short `sail') -respondent No. 1. Writ petition Nos. 559/96, 1749/96 and 4269/96 were disposed of by this Court by common order dated 16th July, 2007 with a direction to the respondents to consider the cases of the petitioners for promotion, who have not been promoted till date, from non-executive cadre to executive cadre within one month by a speaking order. Vide order dated 21st September, 2007, the respondents were allowed further time of one month for compliance of the order dated 16. 7. 2007.

(2.) BY the instant petition, the petitioners have impugned the Circular dated 18. 7. 2008 (Annexure P/12), whereby applications have been invited from eligible non-executive employees for consideration for promotion to the posts of Junior Officers at all Plants/units of SAIL, and as per selection procedure, the eligible candidates are required to appear in written test followed by interview.

(3.) MR. V. G. Tamaskar, learned counsel appearing for the petitioners submits that contention of the petitioners in this writ petition is that as per existing promotion policy for promotion from non-executive to executive cadre, no written examination was prescribed, the same would be evident from various orders (Annexures P/4 to p/9) passed in the writ petitions filed by the non-executives in this regard. In compliance of the order dated 16. 7. 2007 (Annexure P/1), which was passed on the basis of consent given by learned counsel for the respondents, the respondents were duty bound to consider the cases for promotion of the petitioners as per existing promotion policy. Circular of Annexure P/12 amounts to change in service conditions of the employees of the respondent-company. Service conditions can be altered only by resolution of Board of Directors of the respondent-company and the same cannot be altered without pre-decisional hearing.