NAVIN KUMAR SINGH Vs. COAL INDIA LTD.

JUDGEMENT

(1.) THE short question to be answered in this writ petition is as to from which date the eligibility of the petitioner for promotion in E -3 grade should be reckoned?

(2.) THE question aforesaid arose out of the facts that the petitioner was appointed in E -2 grade on 4.8.1990 but at his own request, he was transferred to C.M.P.D.I., where he did join on 15.5.1991. Here is the dispute whether the seniority of the petitioner should be reckoned from 15.5.1991 or with effect from 4.8.1990 for the purpose of promotion.

(3.) BUT the learned counsel appearing for the petitioner, relying on Annexure -4, submitted that this letter issued in the year 1985 gives a direction in the form of office memorandum as to what will be done in a particular Unit, when the promotion is to be given and thus, she impresses the Court to consider the request transfer in the context of Transfer Office Memorandum. Annexure -4. The Office Memorandum, An -nexure -4, reads as follows :