BADRI PRASAD MISTRY Vs. COAL INDIA LTD

JUDGEMENT

(1.) IN this writ application, the petitioner prays for quashing the order/letter dated 2.2.1996 as contained in Annexure 16, whereby and whereunder his representation in relation to his claim for seniority over the respondent Nos. 8 and 9 has been rejected. He further prays for quashing of Annexure 6 which is the order dated 19.1.1991 by which the respondents Nos. 8 and 9 were provisionally transferred horizontally to the Legal Discipline for a period of one year. The petitioner also prays for quashing of the order dated 27.8.1993 (Annexure 8) by which the respondent Nos. 8 and 9 were permanently absorbed in the Legal Discipline. The petitioner has also made a prayer that the respondents be directed to refix his seniority vis -a - vis the respondent Nos. 8 and 9 in terms of Common Coal Cadre.

(2.) THE contention of the petitioner is that both the respondent Nos. 8 and 9 belonged to the Secretarial Discipline and therefore in terms of the Common Coal Cadre, they could have been horizontally transferred only to the Estate (Now Revenue) Discipline but not to the Legal Discipline where the petitioner was working thereby disturbing his seniority.

(3.) ACCORDING to the petitioner, he was initially appointed on the post of a Legal Inspector on 18.3.1983 which was a nonexecutive grade post, but by order dated 28.10.1989 he was promoted to the Executive Grade E -2 and he joined on that grade on 14.11.1989. According to him the executive grade in the Legal Discipline begins from E -2 Level.