P V CHANDER RAO Vs. SINGARENI COLIERIES CO

JUDGEMENT

(1.) The two petitioners in W.P.No. 8333/91 commenced service in the respondent Company on 16-6-76 and January, 1981, respectively as Badli Fillers. Thy were matriculates. They have been confirmed in that category. Petitioners claim that they were assigned clerical duties whenever occasions arose thereafter. They submit that they have graduated from Mythili University in the year 1987.

(2.) The four petitioners in W.P.No. 8524/91 commenced service in the respondent's Company as Badli Fillers on 9-3-82,14-10-86,30-9-85 and 21-10-86 respectively. All the petitioners were matriculates. All of them have been confirmed in the respective categories, they claim that they were officiating as clerks whenever such arrangement became necessary. Petitioners graduated from Mythili University in the year 1987. They submit that they thus became eligible to apply for appointment as Clerk-Grade .II.

(3.) On 23-2-1988 respondents issued a notification inviting applications for appointment as clerks-Grade-II. Qualification necessary for the candidates was notified to be graduation in Arts/Science/Commerce of any recognised University. Petitioners applied pursuant to that notification. By orders dt, 16-5-1988/21-6-1988 they were appointed as Clerks-Grade.II, since they had succeeded in the tests and interview. On 27-10-88 they were charge-sheeted for misconduct under clause 16(2) of the Standing Orders of the Company, for having committed fraud or dishonesty in connection with the business of the Company, their services were terminated thereafter by order dt 5-4-1989. Petitioners challenged their dismissal in Writ Petition Nos. 6782/89 and 7752/ 89. The matter was heard at some length and was about to be allowed. At that stage, respondents took time to reconsider the matter. thereafter, fresh orders were passed on 21-6-1991 reverting the petitioners as General Mazdoors. When the matter came up before my learned brother Syed Shah Mohammad Quadri, J., on 25-6-91 he dismissed the Writ Petitions as infructuous, since orders impugned in those Writ Petitions were cancelled by the respondents. It was however, observed that Petitioners would be free to challenge the validity of the said orders in appropriate proceedings. What is now challenged in these Writ Petitions are the orders reverting the petitioners from the posts of Clerks-Grade.II to the substantive category in which they were working prior to their appointment on 16-5-1988,21-6-1988.