RADHEY SHYAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petitioner has filed this writ application for issue of a writ in the nature of mandamus commanding the respondents to appoint the petitioner as Chairman-cum- Managing Director under the Coal India Ltd. pursuant to interview held on 27-6-1996 and the judgment in CWJC. No. 3237/95(R).

(2.) The case of the petitioner is that he is working as Director (Technical) in Central Coalfield Ltd., since 16-4-1992. He is going to retire on 1-8-97. The posts of Chairman-cum-Managing Director in the Central Coalfield Ltd.; Eastern Coalfield Ltd.; Western Coalfield Ltd.; and Northern Coalfield Ltd.; are vacant due to retirement. For appointment of Chairman-cum-Managing Director about 12 Directors were selected for interview on 20-7-1995. He is second senior most Director and is eligible for interview as there is no adverse in his service record but his name was not included for interview on 20-7-1995 for appointment on the post of Chairman-cum-Managing Director. On 20-2-1994 a demi official letter was issued under the signature of Secretary, Government of India, Department of Personnel and Administrative Reforms, Ministry of Home Affairs, New Delhi, Annexure-2, communicating that "while considering a proposal for appointment to a top level post in public sector undertaking, the Prime Minister, in the Appointments Committee of the Cabinet, noted that the panel of names recommended included a person who had only a year to go before retirement. The inclusion of such persons in the panel and their non-selection for appointment is likely to cause demoralisation to them. This aspect may be kept in view while making recommendations in future and candidates who do not have the prospect of a reasonable tenure of atleast two years in a top management post may not be recommended for appointment to such posts.

(3.) A counter-affidavit has been filed on behalf of respondent Nos. 1, 2 & 3 stating therein that interview for the Board level post is held by P.E.S.B. Selection is made in accordance with the guideline issued by the Government of India vide resolution dated 3-3-1987, Annexure-A , in which the objectives and functions of P.E.S.B. have been set out. It further provides the Constitution of P.S.E.B. and selection policy and the procedure to be adopted by P.E.S.B. while selecting the personnel for the Board level posts. The policy of the Government is to appoint through a fair and objective selection procedure for appointment of outstanding professional managers level I and level II posts. Therefore, unless better candidates are available from outside, internal candidates are preferred to the aforementioned posts. The Board level appointments are contractual appointments made on the basis of selection and not on promotion. Internal candidates are given preference in the matter of selection but they do not have any claim for such post. Respondent No. 3, P.E.S.B. is the authority for making selection to the Board level post. On the basis of enrolment made by P.E.S.B. the competent authority, i.e. the Appointment Committee of Cabinet (herein-after referred to A.C.C.) makes appointment after approval of the President of India.