COAL INDIA LIMITED Vs. M. MASROOR KARIM

JUDGEMENT

(1.) The instant appeal under clause 10 of the letters patent is directed against the order/judgment dtd. 22/3/2022 passed by the learned Single Judge in W.P.(S) No. 7290 of 2011, whereby and whereunder, the learned Single Judge has allowed the writ petition by setting aside the impugned order dtd. 8/9/2011 with a direction upon the respondent/appellant no.2 to grant benefit of upgradation of E-1 Grade to the writ petitioner/respondent from the date of his juniors have been granted such benefit, i.e., 22/12/2010 and extend all consequential reliefs to the writ petitioner/respondent within eight weeks from the date of production of a copy of the order. Facts:

(2.) The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, reads as under: The writ-petitioner completed Diploma in Technology in Automobile Engineering and passed the final examination for which a certificate was issued by Hindustan Institute of Engineering Technology on 20/1/1984. An advertisement was issued inviting application through employment exchange for the post of Technician and Apprenticeship (Automobile) and the required qualification was matriculate with diploma in automobile engineering. Consequently, the writ-petitioner applied and was appointed in Technical Grade-C vide appointment letter dtd. 11/6/1990. Thereafter, vide office order dtd. 9/8/1996, the writ petitioner, who was working on the post of T & S Grade C at the relevant point of time, other diploma holders and Assistant Foreman were placed on the post of Foreman in T&S Grade B w.e.f. 17/8/1991. Vide office order dtd. 12/3/1997 (Annexure-5), which was also issued pursuant to letters issued by Coal India Limited, the writ petitioner was given notional seniority to the post of Foreman In-charge in T&S Grade A w.e.f. 17/8/1994. Thereafter, on the basis of recommendation of departmental promotion committee, the writ petitioner was promoted to the post of Foreman (I/C E & M in T&S Grade A-1) w.e.f 1/4/2005 notionally vide office order dated 29/30/7/2008 (Annexure-6). Thereafter, vide letter dated 07/8/7/2004 (part of Annexure-7 series), the provisional seniority list of Foreman I/C E & M diploma in T&S Grade A was published and circulated inviting objection and the name of the writ petitioner appeared at Sl. No.326 and the writ petitioner's technical qualification was mentioned to be diploma in automobile engineering and date of promotion in Grade A was mentioned as 17/8/1994. The said provisional seniority list was subsequently finalized and the writ petitioner's name appeared at sl. No.305 in the gradation list. The name of one Rameshwar Goswami was at Sl. No.309 of the final seniority list and the name of the writ petitioner appeared at Sl. No.305 in the final seniority list and therefore, petitioner was senior to Rameshwar Goswami. Thereafter, copy of the 255th meeting was obtained by the writ petitioner wherein the list of diploma holders who are stagnating in A/A-1 grade for career growth prepared by the BCCL. In the said list the name of the writ petitioner appeared at sl. no.48 and in the list prepared by CMPDIL for the purpose of career growth, the name of the writ petitioner appeared at sl. no.253. Thereafter, vide letter dtd. 16/4/2010 issued by the Coal India Limited addressed to the subsidiary companies of the Coal India Limited including the BCCL, details of the employees was called for career growth of diploma holders which were stagnating in A/A-1 and in the said letter, it is mentioned that in the 255th meeting of the Board of Directors of CIL, proposal to upgrade all diploma holders of engineering discipline who are stagnating in T&S as one time arrangement was approved. Vide office order dtd. 2/12/2010 in terms of the decision taken in the 255th meeting, several similarly situated employees were upgraded to the post of E-1 Grade wherein one Rameshwar Goswami and four others, namely, A.K. Pandey, Lakhan Ravi Das, Arun Kumar Das and Bhagirath Mahto have also been upgraded to E-1 Grade and all the aforesaid employees have joined the services after the writ petitioner's joining. It is the case of the writ petitioner that the writ petitioner is equally entitled for upgradation/promotion but having not done so, irregularity has been committed and being aggrieved with the same, a writ petition had been preferred being W.P.(S) No. 7290 of 2011, whereby and whereunder, the writ court has allowed the writ petition by setting aside the impugned order dtd. 8/9/2011 with a direction upon the respondent/appellant no.2 to grant benefit of upgradation of E-1 Grade to the writ petitioner/respondent from the date of his juniors have been granted such benefit and extend all consequential reliefs to the writ petitioner/respondent within eight weeks from the date of production of a copy of the order against which the instant appeal has been preferred by the appellants/respondents.

(3.) It is evident from the factual aspect that the respondent/writ petitioner after completion of Diploma in Technology in Automobile Engineering and passed the final examination for which a certificate was issued by Hindustan Institute of Engineering Technology on 20th Day of January, 1984. The writ petitioner/respondent participated in the process of selection for the post of Technician and Apprenticeship (Automobile) and the required qualification was matriculate with diploma in automobile engineering. The writ petitioner/respondent applied and was appointed in Technical Grade-C vide appointment letter dtd. 11/6/1990. He was subsequently placed to the post of Foreman in T&S Grade-B w.e.f. 17/8/1991 on the ground that he has been considered as a candidate having diploma certificate. The notional seniority was given to the writ petitioner/respondent to the post of Foreman Incharge in T&S Grade A. w.e.f. 17/8/1994 which was also based upon the fact that he was a diploma holder.