RAJESHWAR SINGH Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner is a Medical Officer under the Central Coalfields Limited (CCL) who was transferred by office order dated 27th September, 2008 issued by the General Manager, CCL in pursuance of the Coal India Limited order dated 18th August, 2008 from the post of Medical Superintendent (Specialist) in E-5 Grade while posted at Gandhi Nagar Hospital, Ranchi with promotion to the post of Deputy Chief Medical Officer (Specialist) in M-1 grade. By the said office order, he was transferred from CCL to BCCL, Dhanbad and perusal of the order itself indicates that he was released from CCL with effect from 10th October, 2008 to report to the CMD, BCCL, Dhanbad for further assignment. After issuance of the said order, it is the case of the petitioner that he has not been relieved all along and now by Annexure-14 dated 4th April, 2013 issued by the Coal India Limited, the petitioner is one of the officer who has also been promoted from E-6 Grade Chief Medical Officer (Specialist) to E-7 Grade and has been posted in the company indicated therein i.e. Eastern Coalfields Limited (ECL).

(2.) The grievance of the petitioner is that because of his non-relieving from his posting at Gandhi Nagar Hospital, Ranchi pursuant to the order at Annexure-1 dated 27lh September 2008, he is not able to get the benefits of the promoted post in view of the specific condition contained in clause-3 of the office order dated 4th April, 2013 which stipulates that the promotion of the aforesaid Executives will be effective on and from the date they report to the respective company and assume charge of the higher post. This is the reason for the petitioner to approach this Court with a prayer that he be conferred the benefits of the higher post in terms of Annexure-1 with effect from 27th September, 2008 in view of the fact that despite his representations, some of which are annexed to the writ petition, he has not been relieved by the respondent-CCL themselves.

(3.) Counsel for the CCL has however opposed the prayer of the petitioner. He has pointed out that the office order at Annexure-1 dated 27th September, 2008 itself stipulated that the promotion will be effective from the date he assumes charge on the higher post to be decided by the CMD, BCCL, Dhanbad. By the same order, he was released from CCL with effect from 10th October, 2008 and apart from his representations, there are no other documents to show that the respondent had refused to relieve him. It is submitted by the learned counsel for the CCL in response to the contention of the petitioner that M-1 Grade is equivalent to E-7 Grade which are reflected in the promotion order at Annexure-1 and Annexure-14 respectively, that they are not the same and equivalent. He has also referred to different pay scales attached to the two grades as reflected in both promotion order.