AMIYA ABHASH Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) By way of present writ application petitioner has prayed for following reliefs:

(2.) Briefly stated, the petitioner joined the respondent as Management Trainee (Civil) w.e.f. 13/2/2013 in the pay-scale of Rs.20600.0046500 in E-2 grade and subsequently, when he completed the probation period he was put in E-3 grade with designation of Assistant Manager on 2/6/2014. His service was regularized in E-3 grade vide order dtd. 25/6/2014. During the period of his service, the petitioner applied for study leave for 3 years for pursuing Ph.D. Course in I.I.T. B.H.U., Varanasi, which was duly sanctioned vide office order dtd. 25/7/2016. Pursuant to the study leave granted, the petitioner proceeded to pursue his Ph.D. Course and scored 9.53 CGPA. It is further stated that petitioner being on study leave with salary of 3 years from 25/7/2016 to 25/7/2019 (joined back on 26/7/2019) was duly engulfed in the research and study, engrossed in the scholarly research environment around and cross-work, could not get himself a self-rating within the time frame with presumption and bearing on mind that as per Rules and on the basis of previous 3 years Average Pride Ratings, he would be awarded average-rating in view of being study leave with salary of 3 years but the same was not done. It is further stated that due to the said act of the respondents, the petitioner was denied promotion of similar and equal Assistant Managers (E-3 grade) to the post of Deputy Manager (Civil) (E-4) grade in the scale of Rs.29100.0054500 vide order dtd. 20/3/2018. In addition to deprivation of due promotion, the petitioner has also been denied the increments for the year 2018-19, although he was on duly sanctioned study leave.

(3.) Learned counsel for the petitioner argued that he joined the Respondent Company-CIL on 13/2/2013 as Engineer Grade-2 and in consideration of his satisfactory service, was promoted to Engineer Grade-3 on 14/2/2014 and was regularized vide Office Order No. 1411(A) dtd. 26/7/2014 (Annexure-2 of the Writ Petition). Thereafter, vide a well-considered decision, the Petitioner was granted study leave for 03 years vide order dtd. 25/6/2016 to pursue the Ph.D. course at I.I.T., B.H.U., Banaras for the period from 26/7/2016 to 25/7/2019. The said study leave was without any stipulations of non-pride rating on non-filling of self-appraisals and as such, average pride rating was the due right of an employee. The Petitioner did very well in his Ph.D. course and scored 9.53 CGPA as evident from Grade Report. Upon successful return from study leave for Ph.D. course, he was given 'Zero' Pride Rating due non-filling of self-appraisal report during study leave period 2016-2019.