MOHAMMAD QASEEM Vs. COAL INDIA LTD

JUDGEMENT

(1.) The petitioner, under Article 226 seeks appropriate directions that the scale of pay, fitment method and postponing date of increment, as per the office memorandum of the first respondent dated 10.09.96 be declared illegal and arbitrary. Consequential directions have been sought to fix his pay correctly; for disbursement of increments at 4% per annum and restoration of increment in accordance with what was being earned by him previously.

(2.) The Coal Mines Authority Limited (CMAL) was established and incorporated, consequent upon nationalization of coal mines; it was later renamed as the Coal India Ltd. A common coal cadre was formulated for administration of the Executives of the erstwhile corporate entities. On 13.01.86, the terms of the common coal cadre were amended in respect of various conditions of service, as regards the date of increment, it was provided that annual increments in the executive grade would be released on 1st January or 1st July, each year, as per the procedure outlined. Thus any official promoted/appointed between the period 1st January to 30th June was granted increment from 1st January of the following year; likewise, those appointed between the period 1st July and 31st December was to receive increment in the grade from 1st of July of the following year.

(3.) The Coal India revised the pay scales of its Executives w.e.f. 01.01.87; however, the methodology of granting increments remained unaltered. In the year 1995, the petitioner was promoted with notional seniority in E-7 grade, E-8/M-2 grade of M-3 with restrospective effect. By an order dated 10.09.96, the Coal India revised the pay scales w.e.f. 01.01.92. By this, the rate of increment was fixed and the methodology of calculating of granting the increment too was changed. The said condition, Clause 4 reads as follows :-