RAMANUJ PRASAD Vs. COAL INDIA LIMITED AND ORS.

JUDGEMENT

(1.) IN this application, the petitioner has prayed for a direction upon the respondents to consider the case of the petitioner for promotion to the post of E -4 grade with effect from 1995 from the date on which the juniors to the petitioner have been given promotion along with all consequential benefits. The petitioner has further prayed for quashing the order dated 17.05.2014/5.6.2004 issued by the General Manager (EE), whereby and whereunder the claim of the petitioner for charge allowance for the period 9.5.1990 to 12.02.2001 has been rejected. It has also been prayed by the writ petitioner that the concerned authorities be directed to immediately and forthwith pay to the petitioner Acting allowing in terms of clause 9.6 of Chapter -IX of the Common Coal Cadre @ 20% of his pay for the period, the petitioner has been officiating as Public Relation Manager.

(2.) THE facts, which are not in dispute, are that the petitioner was appointed as a Draughtsman (Mechanical) in Bharat Coking Coal Limited, where he joined the said post on 27.03.1975. Applications were invited from all members of BCCL staffs for filling up the posts of Senior Public Relation Assistant (English), Sr. Public Relation Assistant (Hindi) and Protocol Programme vide notification dated 3rd/7th February, 1979 and notification dated 15/16 May, 1979. In pursuance of the notice, the petitioner applied for the post of Senior Public Relation Assistant (English) and on qualifying in the written test as well as being successful in interview, the petitioner was selected in Public Relation Cadre as Senior Public Relation Assistant vide office order dated 3.4.1981. For promotion from non executive to executive cadre and on qualifying the same, the petitioner was called for an interview vide letter dated 23/26.6.1987. Since Shri R.N. Dwivedi, Public Relation Manager, was transferred from BCCL to Coal India Limited vide office order dated 9.5.1990, Shri R.N. Dwivedi was advised to handover the charge of his office to the petitioner. In terms of the office order dated 2nd August, 1991, on the recommendations of the Departmental Promotion Committee, the petitioner was promoted to the post of Senior Public Relations Officer in E -3 grade in the scale of pay of Rs. 3700 -140 -4400 -150 -5900. E -3 post, to which the petitioner was promoted was subsequently upgraded to the post of Deputy Manager (P.R.) in E -4 grade vide note -sheet dated 5.12.1994. However, the management of Coal India Limited in Circular dated 20.01.1993 changed the norms of selection from non executive cadre to executive cadre by prescribing the requisite qualification of a post graduate diploma in journalism. The Departmental Promotion Committee did not consider the promotion of the petitioner to E -4 grade on the ground that the petitioner was not having the requisite qualification of post graduate diploma in journalism. The denial of promotion to the petitioner from E -3 to E -4 grade led him to file a writ application before the Hon'ble Calcutta High Court, which was registered as W.P.(S) No. 2012 of 1997 and the same was allowed vide judgment dated 19.09.2000 wherein it was held that the petitioner is entitled to be promoted to the post of Public Relations Manager in E -5 grade and the respondents were directed to pass appropriate order in respect of promotion of the petitioner. The Management of Coal India Limited preferred an appeal against the order passed in W.P.(S) No. 2012 of 1997 and vide order dated 17.07.2001, the appeal was allowed and the order passed by the learned Single Judge was set aside. The petitioner being aggrieved by the order passed in appeal preferred an application before the Hon'ble Supreme Court in Civil Appeal No. 2059 of 2002 wherein the appeal was dismissed on the ground that the appellant did not have any legal right to be promoted to the post of Public Relations Manager, which is in E -5 grade. The petitioner had prayed for charge allowance for the period he was officiating in the post of Public Relations Manager and vide letter dated 17.05.2004/5.6.2004, the demand of the petitioner was rejected.

(3.) THE learned counsel for the petitioner has submitted that the petitioner was handed over the charge of Public Relations Manager on account of transfer of Shri R.N. Dwivedi, who was in the post of Public Relation Manager from M/s. BCCL to Coal India Limited. In the notesheet dated 30.05.1990, the petitioner had requested for delegation of certain powers for smooth running of Public Relation Department and that it was indicated by the Director (Personnel) that till further orders, the Public Relation Officer will exercise all the powers delegated to Public Relation Manager. The learned counsel for the petitioner submits that since admittedly the petitioner was officiating in the post of Public Relation Manager, he is entitled to the charge allowance and that while issuing the impugned letter dated 17.05.2004/5.6.2004, the concerned authority did not consider this aspect of the matter and had issued a superficial letter rejecting the claim of the petitioner. It has further been submitted by learned counsel for the petitioner that since the petitioner was discharging and/or officiating in the post of Public Relations Manager, which is in E -5 grade, the petitioner was entitled to be considered for promotion to E -5 grade. It has also been submitted by learned counsel for the petitioner that the Departmental Promotion Committee in its meeting held on 7.5.1999 for promotion from E -3 to E -4 grade had recommended the case of the petitioner and when the Departmental Promotion Committee was held, no vigilance case was pending, which was a subsequent development and in such circumstances, the respondents could not have taken recourse to pendency of a vigilance case in order to deprive the petitioner to grant him promotion from E -3 to E -4 grade. It has also been submitted by learned counsel for the petitioner that on account of arbitrary act on the part of the respondents, the juniors to the petitioner have been promoted, whereas the petitioner although qualified and having officiated in E -5 grade of Public Relations Manager since 9.5.1990 has a legitimate claim for promotion at least to E -4 grade.