RAVINDRA SINGH Vs. COAL INDIA LTD

JUDGEMENT

(1.) THE petitioner has filed this petition praying for a relief that the respondents be directed to count his seniority from the date of his initial appointment in November, 1988 for all purposes including for the purpose of promotion on the post of Engineer in E-2 (Executive) Grade.

(2.) THE case of the petitioner before this Court is that the petitioner was initially appointed in November, 1988 as an Overseer. It is submitted that the petitioner is holding a Bachelor Degree in Engineering (Civil). It is further stated that subsequently by order dated 23.7.1993 the petitioner was redesignated as an Engineering Assistant Technical-A on account of the fact that he fulfilled the requisite qualifications prescribed by the Cadre Scheme prevalent in the establishment of respondent No. 1, a copy of which has been filed along with the petition as Annexure P-1.

(3.) THE respondents, per contra, have filed a return and submitted that the circular dated 15.6.1982, on the basis of which the petitioner is claiming relief, has been issued by the Central Coal Field Limited and has not been issued by respondent No. 2 which is a different and separate coal company and, therefore, the reliance placed by the petitioner on the circular Annexure P-2 is misplaced and misconceived as the same is not applicable to the petitioner's case. The learned counsel for the respondents, without prejudice to the aforesaid submissions, has also stated that the petitioner, who was a degree holder, was selected and appointed as an Engineering Assistant in Technical and Supervisory Grade-A against a notified post and, therefore, the circular Annexure P-2 is not applicable to the petitioner's case as the said circular only applies to those degree holders who were appointed as Overseers. It is further stated by the learned counsel for the respondents that as per the cadre scheme prevailing in the establishment of respondent No. 2, an Engineering Assistant who has completed 3 years of service becomes eligible for being considered for promotion in the Executive Cadre and the petitioner, having completed 3 years of service in the year 1996, would be considered in due course for promotion in the Executive Cadre as and when vacancy arises and his turn comes, in accordance with law.