K NABA KISHORE SINGH Vs. NEEPCO LTD

JUDGEMENT

(1.) These 3 (three) writ petitioner/cases invoice common questions of facts and laws and, as such, these cases were taken up together for hearing and, accordingly, the same are disposed of finally on its own merit with the following common judgment and order.

(2.) The 3 (three) writ petitioners namely, (1) Shri K. Naba Kishore Singh in W.P.(C) No. 75(SH) 1999, (2) Sri Nabendu Sukla Baidya in W.P.(C) No. 76(SH) 1999 and (3) Shri Kiran Chandra Das in W.P.(C)No. 77(SH) 1999 sought for a direction to the official [respondent Nos. 1 to 6 to promote them to the post of Assistant Manager/equivalent with effect from December, 1993 or from 1st July, 1996 or from 1st January, 1997 in case of writ petitioner Shri K. Nabakishore Singh and, in cases of Shri Nabendu Sukla Baidya and Shri Kiran Chandra Das with effect from April/May, 1994 or from 1st July, 1996 or 1st January, 1997 respectively; and also for quashing the proceedings of the Departmental Promotion Committee constituted vide, office Order No. 04 under Memo No. NEEPCO/DPC/G-59/97/ 28-30 dated 25th August, 1997 and impugned promotion order bearing No. 534 dated 1.10.1997 coupled with a prayer for a further direction to the respondents concerned to make appropriate amendment in the new Revised Recruitment Rules circulated on 26.9.1997 as in Annexure-3 to the writ petition to safeguard and protect the vested rights of the petitioners; and to quash the impugned inter-se seniority list as in Annexure-7 to the writ petition and, also to consider the case of the petitioners for next promotional post of Deputy Manager (Civil) by highlighting the following facts.

(3.) The petitioner Shri K. Nabakishore Singh in W.P.(C) No. 75(SH) 1999 is a degree holder in Civil Engineering and he was initially appointed an S.D.O. (Civil) on 21.11.1988 and, likewise, the petitioner Shri Nabendu Sukla Baidya in W.P.(C) No. 76(SH) 1999 was also appointed as S.D.O. (Civil) on 21.11.1988 and similarly, the petitioner Shri Kiran Chandra Das in W.P.(C) No. 77(SH) 1999 who is also a degree holder in Civil Engineering appointed as S.D.O. (Civil) on 19.4.1989 and whereas, the private respondent No. 7 was appointed as S.D.O. (Civil)on 19.4.1989, the respondent No. 8 was appointed on 30.10.1989 as S.D.O. (Civil), the respondent No. 9 was appointed as S.D.O. (Civil) on 3.1.1990 and whereas, the respondent Nos. 10 to 27 were appointed as S.D.O.(Civil) on 10.5.1990 and the respondent No. 28 was appointed as S.D.O. (Civil) on 3.1.1991 and, accordingly, a related seniority list was published on 18th October, 1993 in respect of the batch upto 1990 and the three writ petitioners whose seniority position were at Sl. Nos. 16, 17 & 21 in the said seniority list of 1993 but, as per seniority list upto 1991 batch dated 20.5.1997, the seniority position of the petitioners Shri K. Nabakishore Singh, Shri Nabendu Sukla Baidya and Shri Kiran Chandra Das were at Sl. Nos. 5, 6 and 9 respectively and, by virtue of the impugned promotion order dated 1.10.1997 in respect of the writ petitioners to the post of Assistant Manager (Civil), the petitioners have been given appointment in the said grade with effect from 1.7.1997 and, without any justification, they were placed at SI. Nos. 26,27 and 29 respectively below their juniors namely, the respondent Nos. 7 to 28.