KUMILI NAGESWARA RAO (DR.) Vs. CHAIRMAN

JUDGEMENT

(1.) The petitioner is presently employed as Deputy Medical Superintendent. The respondent formulated a common coal cadre and thereby a scheme was formulated and promotion procedures prescribed for executives from E-1 grade to E-9 grade through Departmental Promotion Committee. The said scheme in Para 4.8 provides the criteria for promotion and stipulates that such criteria from E-1 to E-3 grade would be seniority-cum-merit and beyond E-3 grade the criteria for promotion would be merit-cum-seniority. The petitioner, in the instant case claims that he has been unlawfully and arbitrarily deprived of promotion to E-4 grade and E-5 grade applicable to Executives/officers of Coal India Ltd. and has been allowed there- by to be illegally superseded by juniors. In March, 1993, a D.P.C. was constituted for selection from Executive grade (E-3) to Deputy Medical Superintendent, E-4 grade. The petitioner was found suitable and selected for promotion in E-4 grade but the promotional er was not issued until 12th Nov., 1993 when notional seniority/ fixation of pay with effect from 31.3.1993 was granted (Annexure TT at Pg. 101). The grievance of the petitioner is that persons junior to him have been granted promotion to Executive grade E-5 under cluster concept but the same has been denied to the petitioner. The instant writ application has been filed inter alia, praying for the reliefs as under: