SAKUNTALA Vs. CENTRAL COAL FIELD LTD.

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The original petitioner namely D. Chandra Gupta died during the pendency of the writ application and his widow namely Smt. Sakuntala has been substituted, thereafter by order dated 13.1.2011, who is prosecuting the instant writ petition with following prayers:-

(3.) The petitioner was recruited as Lower Division Clerk in the year 1963. He was impleaded in a criminal case being R.C. Case No. 7/74 in the year 1974 registered against him. It is the contention of learned counsel for petitioner that one person namely B.N.Sinha was promoted to the post of U.D.C by office order dated 14.4.1976. It is his contention that though the said B.N.Sinha was appointed temporarily on 9.7.1955, petitioner was directly recruited as L.D.C in 1963 and confirmed on 1.6.1964 on the said post. Petitioner was admittedly in the clerical cadre as per his appointment as L.D.C, however during his service career, he was sent to Bhurkunda Training Institute for Mining and Mine Survey Course in the year 1977. He completed the said course in the year 1982 and in 1983 he completed the course of Mining Sirdarship and Gas testing examination conducted by DGMS. Thereafter, he was promoted to the post of Production Chaser in Grade D (T&S) and was allowed to join vide office order dated 12.5.1982. The consequential benefits of such promotion was also accorded to him. At this stage, it is not in dispute that the clerical cadre of the petitioner got changed to Mining cadre, which has different line of promotion i.e. Mining Sirdarship and Overman. Petitioner was thereafter given the post of Overman on adhoc basis w.e.f. 7.5.1987. The regular promotion of the petitioner was not considered due to the pendency of the criminal case against him. Petitioner, in fact was acquitted in the criminal case on 13.9.1995. Thereafter, petitioner was given the benefit of service linked Up-gradation w.e.f. 1.1.1997 as he had been on the same post of Overman for the period of 8 years and his basic pay was fixed accordingly in the scale of Rs.2220-4240. Petitioner, thereafter retired on 1.2.2003. On these undisputed facts, it has been contended by the learned counsel for the petitioner that after his acquittal in September,1995 he made representation for consideration of his case for promotion from the date his junior B.N.Sinha was promoted as U.D.C. i.e. 14.4.1976. He also was eligible for promotion to the post of Mining Sirdarship w.e.f. 1982 and Overmen w.e.f. April 1987, which was not being considered.