ARBIND KUMAR MURMU Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) In this application, the petitioner has prayed for issuance of a direction to the respondents to promote/regularize his service on the post of Senior Draughtsman in the light of the decision taken by the Joint Bipartite Committee of the Coal Industries JBCCI -IV dated 15.7.1992 and also on the basis of the recommendations made by the petitioner's immediate controlling officer namely the Senior Drawing Officer as well as of the Superintending Engineer (Architecture) and for a further direction to allow consequential benefits to him since the date of his entitlement for the same.

(2.) THE petitioner's case is that he was initially appointed under the respondents in Area No. IX/Bastakola Area as a Miner Loader. A direction was issued by respondent No. 4 namely Director (Personnel) to all the Area General Manages to send details of all workmen belonging to SC/ST categories, who have passed matriculation or above. The petitioner not only being a Matriculate but also having passed ITI Examination in the trade of Draughtsman (Civil), besides having completed training and possessing National Trade Certificate from the Ministry of Labour, Government of India, submitted his application which was duly forwarded by the General Manager of the Bastakola Area. The petitioner was selected for the post of Draughtsman (civil) Helper Training which was communicated to him by the Dy. CPM dated 27.11.1991. At a Joint Bipartite Committee meeting of the Coal Industry NCWA -IV held on 15th July, 1992 a Resolution was adopted under which the cadre scheme of Drawing Personnel, Tracer to Chief Draughtsman was laid down and the respondents were also directed to implement the scheme in their respective collieries. The grievance of the petitioner is that despite successfully completing his training and being entitled to the lowest post of Tracer (Trade E) under the Scheme in 1993 itself, he was not provided a cadre post as per the cadre scheme. On the contrary, his services was regularized as Helper Draughtsman from Helper Trainee Draughtsman since 9.1.1994, although there is no such post of Helper Draughtsman in the cadre scheme of Drawing Personnel. The petitioner submitted his representation to the concerned respondent through his immediate controlling officer Le. senior Drawing Officer, who, vide his note dated 9.11.1996 had recommended for the regularization of the service of the petitioner or his placement in technical Grade C by way of regularization/up -gradation. Pursuant to the recommendation, the petitioner was called for an interview for the post of Tracer the petitioner, however objected on the ground that he was entitled for the post of Junior Draughtsman. Further grievance of the petitioner is that though he is being compelled to perform his duties against the cadre post i.e. senior Draughtsman Technical Grade -B, but he is not being paid the corresponding salary applicable to the said post. Contending that the respondents action is totally illegal, arbitrary and mala fide, the petitioner's claim is that he deserves special consideration in view of the fact that he belongs to ST category.

(3.) A Departmental Promotion Committee (DPC) with a Chairman and three members was constituted to consider the case of the petitioner and one H.S. Dey form their selection to the post of Tracer in technical Grade -E. The petitioner appeared before the DPC. However, although the other candidate namely H.S. Dey appeared for interview, but the petitioner though appeared but refused to be considered for the post of Tracer in Technical Grade -E. Consequently, the other candidates H.S. Dey was recommended by the DPC for the aforesaid post on 22.4.1997. The petitioner subsequently filed his representation on 6.5.1997 demanding regularization in Technical Grade -B which on due consideration was rejected and the decision was communicated to him by letter dated 12.5.1997. It is further explained that the post of helper Draughtsman is an ex cadre post whereas the entry point in the cadre scheme of Drawing Personnel is technical Grade -E Tracer for which 5 years experience in survey discipline is required as eligibility for the entry Cadre.