RAJESH KUMAR VERMA Vs. CHAIRMAN COAL INDIA LTD

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application has been preferred challenging the reasoned order dtd. 8/9/2011 passed by the Director Personnel, CIL pursuant to the order passed in W.P.(S) No. 558 of 2011.

(3.) The grievance of the petitioners is that though they are diploma holders but they have been discriminated on the ground that the duration of the diploma course of these petitioners are not of three years rather of two years. Mr. Sidhartha Roy, learned counsel for the petitioners submits that initially the only criteria for up gradation to E1 grade were that there should be experience of 15 years with diploma course; however, no year was mentioned. Further, in the 255th meeting of the Coal India Limited (CIL in short) held on 17/3/2010; when the proposal of upgradation was approved; then also no criteria of three years diploma course was fixed; rather, it was only indicated that the person for upgradation to El grade shall be of 15 years experience with diploma course. Learned counsel further referred to para-22 of the writ application wherein it has been categorically stated that similarly situated employees who were having only two years diploma course have been promoted to El grade whereas; these petitioners have been denied the benefit of upgradation. He further contended that the counter affidavit filed by the respondent-CIL has not denied the statement made in para-22 of the writ application, inasmuch as, it is stated that the same is matter of record. In this view of the matter, the reasoned order passed by the Director (P&IR), CIL is non-est in the eye of law and the same deserves to be quashed and the respondent-company may be directed to reconsider the case of the petitioner for upgradation to El grade.