KAJAL DUTTA ROY Vs. ANIL KUMAR JOSHI

JUDGEMENT

(1.) As common questions of law and fact are involved in the instant appeals, the same have been heard analogously. All these appeals have been preferred challenging the judgment dated 26th September, 2014 passed by the learned Single Judge in WP 12002 (W) of 2013 deciding the issues as to whether the vacancies of the year 2010 existing in the posts of Executive in E-7 grade in different disciplines under Coal India Limited (hereinafter referred to as CIL) can be filled up by the promotion policy of 2011 or as to whether the same ought to have been filled up in terms of the policy prevalent in the year 2010 and as to whether the rules relating to promotion can be altered midway.

(2.) By the impugned judgment the learned Single Judge has set aside and quashed the promotion policy dated 3/5th May, 2011 and has prohibited CIL from giving effect or further effect to the said promotion policy and has also directed CIL to fill up the vacancies arising in the year 2010 on the basis of the promotional policy governing the field when the vacancies arose.

(3.) At the inception it needs to be stated that we have not been able to ascertain the reasons for which the entire promotion policy dated 3/5th May, 2011 has been set aside though the issue for consideration was as to whether the promotion of the writ petitioners from E-6 to E-7 grade would be guided by the said promotion policy. A perusal of the judgment impugned also does not reveal that any argument was advanced to the effect that there was any infirmity in the said promotion policy. In the said conspectus, we are of the opinion that the directions to set aside the said promotion policy and to prohibit CIL from giving effect or further effect to the said promotion policy are not sustainable in law and the said directions are accordingly set aside.