PRAMOD KUMAR MISHRA Vs. COAL INDIA LTD

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and learned Counsel for the opposite parties.

(2.) INITIALLY , the petitioner -Pramod Kumar Mishra filed this writ petition with a prayer to direct O.Ps. 1 to 3 to give him the notional seniority in the cadre of Assistant Accounts Officer in Grade E -1 with effect from 17.7.1990 at par with his counterpart, who got the promotion to the said cadre having passed the CIL Accounts Examination, Part -I and II in the year 1989 as per the amended cadre scheme circulated by O.P.2 with all consequential service and financial benefit with effect from the said date and to reconsider his case for promotion to the post of Accounts Officer in Grade E -2 at par with O.Ps. 5 and 6.

(3.) ACCORDING to the petitioner, the SECL in violation of the provisions of Amended Common Coal Cadre, vide Annexure -2, reviewed its earlier letter No. 761 dated 6.3.1990 (Annexure -3) and issued a letter bearing No. 794 dated 8.3.1990 stating therein that the Bio Data of those persons who were in technical and Supervisor Grade -A should only be forwarded for consideration for appointment/promotion to the post of Assistant Accounts Officer, E -1, for which the petitioner was not considered and his Bio Data was returned to the Area Finance Manager by the Deputy Chief Personnel Manager of SECL. Thereafter, on 22.6.1990 the SECL Headquarter vide its letter dated 22.6.1990 promoted the petitioner to the post of Accounts Assistant in Clerical Special Grade instead of Assistant Accounts Officer, E -1. The further claim of the petitioner is that subsequently, the petitioner was promoted to the Post of Accountant in T and S Grade -A ignoring his claim for promotion to the post of Assistant Accounts Officer, E -1. According to the petitioner, in view of Annexure -2, as he has succeeded in CIL Accounts Examination, Part -I, he should have been promoted to the said post when similarly situated persons like Debasis Mukherji, U.D.C. and A. K. Karmakar, U.D.C. who had qualified in the CIL Accounts Examination, Part -I along with him, were allowed to hold the said post.