A.K. TEMBORE Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter has been taken up through video-conferencing on account of outbreak of pandemic COVID-19.

(2.) The petitioners in all numbering 37 are working on various posts with respondent No. 2-National Hydroelectric Power Corporation (in short "the NHPC), a Government of India undertaking. The petitioners claim to be degree holders/professionally qualified officers and were appointed as trainee engineers/trainee officers to various disciplines by way of direct recruitment by the respondents on 13/14/11/1995 in the then grade of E-2. At the time of appointment of the petitioners they were governed under Rules and Promotion Policy detailed as Annexure P-2. As per this policy, the entry level was at E-2 grade and upon successful completion of one year training period, (which was to be counted as eligibility for promotion) further promotion was after time scale of completion of four years in the existing scale of E-2 (which policy also provided for relaxation and which power vests with the Chairman and Managing Director of the NHPC). It was, thereafter, on 1/1/1997, the rules were revised by way of Annexure P-3, under which, promotion from Grade E-2 to E-3 an intermediate grade of E-2A was introduced in the new policy/rules and a diploma holder was required to put in 06 years for promotion from E-2 to E-3, i.e. from E-2 grade to E-2A, one year was required and thereafter to E-2A to E-3 five years while for degree holder, the requirement was five years for promotion from grade E-2 to E-3, i.e. E-2 to E-2A (one year) and E-2A to E-3 (four years) and similarly relaxation power was granted as per old rules in the new rules as well.

(3.) The primary grouse of the petitioners is that certain diploma holders who were juniors to the petitioners managed to misuse the concession and benefit of relaxation and gained promotion to E-3 grade. Upon representation of discrimination vide letter dtd. 30/6/2003, the petitioners too were promoted from E-3 grade to E-4, w.e.f. 1/4/2003. However, it was thereafter, on 14/7/2003 order Annexure P-16 was issued by the respondents withdrawing the same and it is precisely what had led to the heart burning whereby the petitioners aggrieved over this conduct of the respondents invoked the jurisdiction of this Court by filing the instant civil writ petition under Articles 226/227 of the Constitution of India seeking writ in the nature of mandamus/certiorari, thereby, quashing of orders dtd. 29/3/2005 (Annexure P-19), which has resulted in grant of relaxation to the person junior to the petitioners and thus superceding their seniority as on 1/1/1997. Further it was prayed for setting aside the orders of earlier promotion dtd. 14/7/2003 (Annexure P-16). The petitioners had termed the act of the respondents to be illegal in contravention of the principles of natural justice, whereby, the persons junior to them were made seniors and thereby adversely impacting their career progression.