DEPUTY CHIEF PERSONNEL MANAGER EE Vs. PRIYADEEP GHOSE

JUDGEMENT

(1.) The learned Single Judge directed upgradation of the post of the petitioners in E&M Grade to T&S Grade-A at E-1 level on the expiry of seven years on the basis of the circular dated 20th February, 1987, which speaks of the method of A.C.R. and interview on the ground that in respect of mining cadre, no written test is necessary, whereas by subsequent Circulars, particularly, Circulars dated 28th April, 1987, 30th April, 1987 and 29th August, 1988, written test was made mandatory for E&M Grade Cadre, but this was not explained in the Affidavit-in-Opposition filed by the appellant in the writ petition. In other words, the relief was granted on the question of discrimination, which has not been explained by the Coal India Limited.

(2.) The question of discrimination is based on Article 14 of the Constitution of India. The principle is of rational classification. If comparable grades come within the same classification, in that event, any discrimination would hit the principle of Article 14. In this case, it is pointed out that the surveyors, the mining cadres, the accounts and finance cadres are not required to sit for any selection test or written test whereas, the petitioners belonging to E&M Cadre are subjected to selection and even for written test.

(3.) According to Mr. Bhattacharya, appearing on behalf of the respondents/writ petitioners, there is no rational basis for discriminating E&M Cadre from other cadres of mining, survey and accounts and, as such, the requirement of written test modifying the Circular dated 20th of February, 1987, through its Circulars dated 28th April, 1987, 30th April, 1987 and 29th August, 1988, are arbitrary and cannot be sustained.