SANJEEV KUMAR RAHA Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THIS writ application has been filed for issuance of a writ directing the respondents to absorb the petitioner permanently on the post of Clerical Grade -III after setting aside the order as contained in letter dated 26.4.2001 (Annexure - 7) whereby Director (Personnel), C.C.L. after taking into account the report submitted by the Committee rejected the claim of the petitioner for absorption on the post of Clerical Grade -III.

(2.) IT is the case of the petitioner that he on being selected was appointed on 27.11.1990 as Stipend Athlete in C.C.L. Sports Club for a period of one year on a stipend of Rs. 700/ - per month. In course of time, the petitioner participated in many important athletic events and was awarded not less than 10 gold medals. Keeping in view such performances, tenure was extended time to time. In the year 1994, one R.K. Pathak Stipend Athlete/Player as well as Rashmi Shanta Baxla engaged as Stipend Athlete/Player subsequent to the petitioner were appointed on the post of Clerical Grade -III ignoring the claim of the petitioner whose performance was in no means inferior to them. Therefore, the petitioner made several representations raising his grievance. Ultimately the Director (Personnel), C.C.L. vide its letter dated 17.4.1997 made recommendation for absorption of the petitioner in Clerical Grade -III with an assertion that the petitioner a Stipend Athlete/Player since 1990 has been a good performer throughout but his case was not considered for regularization, though two other persons were absorbed in the regular cadre. In spite of such recommendation, when no decision was taken by the authority, the petitioner filed a writ application, bearing C.W.J.C. No. 196 of 1999(R) which was disposed of on 25.1.2001 with a direction to the respondents to consider the case of the petitioner for appointment/absorption in the service of Central Coalfield Limited against the appropriate post taking into consideration the engagement as stipend athlete, the qualification, eligibility and performance of the petitioner. Pursuant to that order, petitioner made representation before the Chairman -cum -Managing Director, C.C.L. Darbhanga House, Ranchi, respondent no. 2. On such representation, a Committee was constituted for considering the case of the petitioner. After consideration of the case, the Committee came to the finding that R.K. Pathak and Rashmi Shanta Baxla were appointed/absorbed in the Company after taking into account their meritorious performances in the field of different events whereas the petitioner is only a runner, whose services in the Company is not required. The Director (Personnel), C.C.L. on taking into account the report of the Committee rejected the claim of the petitioner, vide its order as contained in letter dated 26.4.2001 (Annexure -7) which had been sought to be quashed and at the same time, prayer has been made to direct the authorities to absorb the petitioner on the post of Clerical Grade -III.

(3.) LEARNED counsel by referring to a decision rendered in a case of State of Karnataka and Others vs. M.L. Kesari and Others reported in [(2011)1 All India Services Law Journal 83] (Civil Appeal No. 6208 of 2010) submitted that their Lordships after taking into consideration the ratio laid down in Uma Devi's case [(2006)4 SCC 1] [: 2006(2) JLJR (SC)..282] have been pleased to hold that all persons who have put in ten years or more than ten years as on 10.4.2006, without the protection of any interim order of any Court or Tribunal on vacant post, possessing the requisite qualifications are entitled to be considered for regularization. Thus, it was submitted that the petitioner in the light of the aforesaid decision is entitled to be absorbed in the regular cadre of the Company.