CHANDRA BHUSHAN SOOD Vs. COAL INDIA LTD

JUDGEMENT

(1.) IN this application, the petitioner has prayed for a direction to the respondents to consider his case for promotion afresh to the post of Executive Grade -M -1 and to give an appropriate marking on the basis of ACR as awarded by the Project Officer and General Manager who were the immediate Controlling Authority of the petitioner after ignoring the action of the Directors in reducing the ratings of ACR of the petitioner and to quash the order dated 27.12.1995 as contained in An -nexure -1 to the writ application whereby, the ratings of the ACR of the petitioner was reduced.

(2.) THE case of the petitioner is that he was appointed as Junior Executive Trainee on 4.11.1978 and then he was promoted on 22.2.1980 as Under Manager (Executive Grade E -2) thereafter he got promotion of E -3 Grade on 10.1.1985, and then to E -4 and E -5 Grade on 31.8.1988 and 30.7.1992 respectively.

(3.) FURTHER case of the petitioner is that promotion to M -1 Grade is made on the basis of merit -cum -seniority for which hundred marks are fixed. Out of which 26 marks has been fixed for Interview, 20 marks for Experience and 54 marks for 3 years ACR. The petitioner being the senior most Executive, called for Interview for promotion to M -l Grade on 8.12.1985 in which he was participated. It is alleged by the petitioner that subsequently he came to know that the Directors of Coal India sitting at Calcutta had reduced his ratings in the ACR for the year 1992 -93, 1993 -94, 1994 -95, prior to his Interview, with mala fide intention and to help other juniors. It is alleged that because of the arbitrary action on the part of the respondents, many juniors to the petitioner were promoted while the petitioner was left out and then he made a representation on 1.3.1996 but no order was passed by the respondents.