- (1.) The dispute in these four writ petitions relates to fixation of seniority list in the Common Coal cadre of Coal India Limited, which it appears is known as the Global Seniority List in the company parlance. All the petitioners are employees of Coal India Ltd. and their different subsidiaries, and the core dispute in two of these proceedings, being W.P. No. 1217 of 2009 and W.P. No. 5783(W) of 2009 is on the question as to whether the seniority in the said list in respect of executives in grade E-5 shall be fixed on the basis of the date on individual incumbents obtaining First Class Mine Managers Certificates (MMCC) or not. Such certificates are granted by the Director General of Mines Safety. In W.P. No. 164 and 386 of 2009, the prayers of the petitioners are mainly for fixation of their seniority from the dates on which they passed 1st Class MMCC in the respective grades. In all these writ petitions, petitioners are in E-5 grade of the common coal cadre, from where they aspire to be promoted to M-1 grade.
(2.) In Coal India Limited and/or its subsidiaries, direct recruitment in the executive cadre is made in the posts of junior executive trainees, which falls under E-1 grade. On completion of one year s training, an incumbent is promoted to E-2 grade as Junior Mining Engineer. On completion of two years training in the posts of Junior Executive Trainee and Junior Mining engineer, the Director General of Mines Safety issues 2nd class MMCC. On being issued such second class certificate, an incumbent is promoted to the post of Senior Manager in grade E-3. Thereafter, in the second class stream itself, the next promotional post is Senior under Manager (Special Grade) in grade E-4 and Superintendent of Mines (Special Grade) in grade E-5. An executive in the said company can obtain, through the prescribed procedure, 1st class MMCC at any stage of his career between the grades E-2 and E-5. But on obtaining such certificate, an incumbent is placed in the first class stream, which it appears is an independent stream. One who obtains first class certificate in grade E-2 is promoted as Assistant Colliery Manager in E-3 grade. Similarly an executive in E-3 grade; on being granted 1st class MMCC is promoted to the post of Senior Mining Engineer in E-4 grade. One who gets such certificate in E-4 grade moves up to the post of Superintendent of Mines in grade E-5. When a Superintendent of Mines in E-5 grade is awarded 1st Class certificate, he is horizontally placed as Superintendent of Mines (first class stream) in the same grade. This policy adopted in the year 2000 has been narrated in the affidavit-in-opposition filed on behalf of Coal India Ltd. in W.P. No. 5783(W) of 2009, affirmed by one Biswanath Das on 3rd July 2009. It has been stated in paragraph 7 of this affidavit:- As per the guidelines issued by CIL vide circular letter dated 22nd September, 2000, 2nd class managers are entitled for promotion to next higher grade in 1st class channel on passing first class MMCC. The relevant provisions are as under:- (I) Under Managers working in E2 grade on passing 1st class MMCC are considered for promotion to E3 grade in 1st class channel as Asst. Colliery Manager on completion of minimum one year service or from the effective date of passing 1st class whichever is later. (II) 2nd class managers working in E3 grade having designation as Sr. Under Manager are entitled for promotion to E4 grade in 1st class channel on passing and submission of 1st class MMCC with immediate effect through DPC irrespective of service period rendered by them in E3 grade. (III) 2nd class managers working in E-4 grade having designation as Sr. Under Manager (Spl. Gr.) are to be promoted to E-5 grade in 1st class channel on passing 1st class MMCC on completion of minimum 2 years service in E-4 grade prior or after passing 1st class. Such promotion is considered after 2 years or from the date of passing whichever is later. (IV) 2nd class managers working in E5 grade are not entitled for promotion but horizontally placed in E5 grade itself from 2nd class to 1st class channel from effective date of passing 1st class MMCC on acquiring and submission of the same.
(3.) The promotional policy of Coal India Limited has already been litigated thrice at least earlier, twice before this Court and once before the Hon ble High Court at Chattishgarh at Bilaspur. These three writ petitions have been brought to my notice in course of hearing of these proceedings, though there have been reference to certain other litigations also. In the writ petition filed by certain employees of the Coal India Limited, The Hon ble High Court of Chattishgarh had examined the policy and by an order passed on 16 October 2004 in W.P. No. 3007/2003 (Uditya Singh & Ors. Vs. Coal India Ltd. & Ors.), the said writ petition was disposed of along with three other petitions with the following observations: 10. Having heard and considered, in the opinion of this Court, the joint submissions made are reasonable and accepted. Accordingly, detailed representation be made by the rival parties to Coal India Limited. The Chairman, Coal India Limited either may hear himself or may constitute a High Power Committee to consider and decide the representations in accordance with law within a period of three months from the date of receipt of representations. The Chairman or the Committee may evolve its own modalities for deciding the representations. It is made clear that if any grievance still remains, the parties may avail the remedy available under the law. 11. With the aforesaid observations, all the writ petitions bearing No. 3907/2003, 588/2001, 3347/2003 and 3774/2003 stand disposed of. ;