GOUTAM MISHRA Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) In the instant writ application, the petitioner has sought for direction upon the respondents for consideration of his case for the post of Legal Assistant at the entry point by extending all legitimate consequential service and monetary benefits from the date of eligibility.

(2.) The facts, as has been disclosed in the writ application, in a nutshell is that petitioner being a Law Graduate and having 7 years' experience as an advocate was appointed as General Mazdoor under the Land Losers Scheme. In pursuance to the appointment the petitioner continued to discharge his duties on the said post. It has been averred in the writ application that in view of the 59th meeting of the management with regard to gainful employment of the qualified person under the provisions of National Coal Wage Agreement- IV, employee holding Law Degree be appointed in legal department as Clerk as evident from Annexure-4 to the writ petition. It has further been averred that the persons as mentioned in paragraph 14 of the writ application, joined as General Mazdoor and have been subsequently appointed in Class-III post as Legal Assistant (Trainee). It has further been brought on record that Chief Personnel Manager, Head Quarters has been requested to consider the case of the petitioner for any post suitable to his qualification. It has also been brought on record that Chief Manager (P) vide letter dated 09.08.2011 recommended the case of the petitioner. In spite of recommendation of the Chief Manager (P) since no action was taken, the petitioner was constrained to file representation vide Annexures-12 and 13 to the writ petition which fell on deaf ears. Being aggrieved by inaction of the respondents, in spite of recommendation of the authorities since the petitioner has not been adjusted in Class-III post as Legal Assistant (Trainee) the petitioner having no other alternative, approached this Court under Article 226 of the Constitution of India for redressal of his grievance.

(3.) Learned counsel for the petitioner during course of hearing has referred to I.A. No.4956 of 2013 wherein juniors to the petitioner have been posted as Legal Inspector (Trainee) as per Annexure-14 and 15 to the interlocutory application.