NIRAJ KUMAR Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The two writ petitions one being W.P.A. 25594 of 2018 and another being W.P.A. 5664 of 2020, each filed by two petitioners, are under consideration before this Court. In both the writ petitions petitioners have lodged claim of promoting them to E-7 grade w.e.f. 28/7/2009 since three other mining executives were promoted to E-7 grade w.e.f. 28/7/2009. These four petitioners have already been promoted to E-7 grade from E-6 grade vide orders dtd. 13/8/2019, 14/8/2019, 15/8/2019 and 16/8/2019.

(2.) Petitioners are working in subsidiary companies under Coal India Ltd. being the respondent no.1. All the petitioners are possessing First Class Mine Managers Certificate of Competency (for short "FMCC"). It has been submitted by Mr. Soumya Majumder, learned counsel representing the petitioners that such FMCC certificate is essential for holding the posts of manager in Coal India Ltd. and its subsidiary companies. Petitioners obtained FMCC on 20/7/2003. The grievance of the petitioners as voiced before this Court is that in spite of acquiring FMCC certificate in 2003 they were promoted to E-6 grade (old E-5 grade) vide order dtd. 27/9/2004 and according to the petitioners as per promotional policy of the respondent no.1 they ought to have been promoted to E-6 grade (old E-5 grade) from the date of acquiring FMCC. Subsequently, petitioners were granted notional seniority and notional fixation in E-6 grade being executives of mining first class discipline vide order dtd. 13/9/2017 w.e.f 20/7/2003.

(3.) According to the petitioners grant of such notional seniority in E-6 grade requires consideration of their seniority in the said E-6 grade w.e.f. 20/7/2003 not from 27/9/2004. It has further been submitted on behalf of the petitioners that with restoration of their seniority in E-6 grade w.e.f. 20/7/2003 the concerned respondent authorities as per promotional policy ought to have treated the petitioners to be eligible for promotion to next higher grade i.e. E-7 from 28/7/2009 being the date from which three other similarly circumstanced executives of mining first class discipline were promoted to said E-7 grade.