- (1.) The Court: The writ petitioner, Shri Dilip Kumar Chatterjee, a senior Technical Inspector, Grade A at the Regional Sales Office, Coal India Limited filed this application under Article 226 of the Constitution of India praying for the following reliefs:- (a) A writ in the nature of Mandamus commanding the respondents and each one of them to cancel, rescind and/or withdraw the Memo as in annexure 'F', annexure 'H' and annexure 'J' to the petition, in the alternative not to give effect to the results of the same; (b) A writ in the nature of Mandamus commanding the respondents and each one of them to give effect to the results of the qualifying examination held on 4th January, 1987 for promotion from non-Executive to Executive Cadre (non-Technical); (c) A writ in the nature of certiorari conducting the respondents and each one of them to produce before this Hon'ble Court all records and files relating to the instant case in particular the file relating to promotion so that conscionable justice can be administered by going through the same; (d) A writ in the nature of prohibition prohibiting the respondents and each one of them from holding any further qualifying examination for promotion from non-executive to executive cadre (non-technical) and further prohibiting them from giving any effect and/or further effect to the qualifying examination held in the year 1989, 1990 and 1991 on the basis of the Memos as in annexure 'F', 'H' and 'J' to this writ petition; (e) Rule NISI in terms of prayer (a), (b), (c) and (d) as above; (f) An interim order restraining the respondents and each one of them from further holding any examination without giving promotion to the petitioner on the basis of the qualifying examination held on 4.1.97. (g) An ad-interim order directing the respondents and each one of them to promote the petitioner to E2 and E3 in the existing vacancy with retrospective effect from 1987, i.e., the date when the petitioner had qualified for promotion to executive cadre and pay all arrear salaries and allowances to the petitioner calculated on the basis of the promoted post within a period of a week from date; (h) Pass such other order or orders, direction or directions as to Your Lordship may deem fit and proper.
(2.) The grievance of the writ petitioner as made out in the writ petition and the supplementary affidavits sworn on 5th December 2000 and 21st June 2001 in a nutshell is that in terms of a Circular issued on December 5, 1986 he duly appeared in the qualifying examination for promotion from non-executive to executive cadre (non-technical) on 4th January 1987. Having passed the qualifying written examination, the writ petitioner was asked to appear before the Selection-cum-Departmental Promotion Committee (Board III) on 19th August 1987 and he was asked to report to the Deputy Chief Personnel Manager on that day at 11.30 A.M. On August 14, 1987 the petitioner was also asked to bring the original certificates in support of academic/professional qualification etc. and to produce the same to the respondent No. 6 on that day, that is on 19.8.1987. The writ petitioner duly produced the certificates asked for and also appeared before the Selection-cum-Departmental Promotion Committee on 19th August, 1987. After the completion of the interview, a panel was prepared for the candidates according to the availability of the posts.
(3.) But without offering promotion to the writ petitioner on the basis of the said panel, the Personnel Manager by Memo dated 13 December, 1988 intimated all eligible candidates including the writ petitioner to appear in the next qualifying examination for promotion from non-executive to executive cadre to be held on 3rd January, 1989. In the said Memo, the writ petitioner along with another eligible candidate namely Shri Biman Bose was advised to contact the Superintendent (Mines) HRD Division, CIMI, Calcutta for further information. The writ petitioner duly contacted the Superintendent (Mines), HRD Division, CIMI, Calcutta when he was informed that he had already passed the examination in 1987 for which he was not required to appear again for the qualifying examination. The said Superintendent also made his remark at the bottom of the said Memo dated 13.12.1988 to the effect "Shri Dilip Chatterjee already passed the examination in 1987 securing 80 marks" (annexure 'F' to the writ petition). It is alleged that the writ petitioner as well as Shri Biman Bose, accordingly, did not appear in the qualifying examination held on 3rd January, 1989 and the writ petitioner by a letter dated 30th December, 1989, informed the Personnel Manager (AW) CIL, Calcutta about the endorsement made by the Superintendent (Mines), HRD Division, CIMI, Calcutta. But without giving promotion to the writ petitioner, another Memo dated 13th January, 1990 was issued informing the writ petitioner that the qualifying examination for promotion to the executive cadre would be held on 3rd February 1990 and in the said Memo, though the name of the writ petitioner appeared, the names of Shri Biman Bose and Shri B.K. Pal did not appear. The writ petitioner by a letter dated 16th January 1990 informed the Senior Personnel Manager (AW), CIL, Calcutta that since the writ petitioner has already appeared in the written examination and passed the same, his further appearance in the written examination would be redundant. Accordingly, the writ petitioner did not appear in the said qualifying test.;