PRANAB KUMAR CHATTOPADHYAY, J. - (1.) THERE are two channels of promotion for Mining Engineers in Coal India Limited (CIL) and its subsidiaries. One is the "First Class Stream" for those possessing the First Class Mines Managers? Certificate of Competency (FMCC), and the other, the "Second Class Stream", for those not possessing such certificate.
(2.) IN terms of the aforesaid promotional policy, an officer in E2 Grade upon obtaining First Class Mines Managers? Certificate of Competency is immediately promoted from E2 to E3 Grade in the First Class Channel. Similarly, candidates placed in E3 or E4 Grade would also be entitled to be promoted to the Higher Grade upon obtaining the First Class Certificate. The First Class Mines Managers? Certificate of Competency is issued by the Director General of Mines (Safety), after conducting written examination as well as oral test. The promotional policy which contemplates jump promotion from E2 Grade to E3 Grade, E3 Grade to E4 Grade and E4 Grade to E 5 Grade was made a part of the common coal cadre after it was approved by the Board of Directors of Coal India Limited. The respondents/writ petitioners were all eligible to appear for First Class Mines Managers? Certificate of Competency Examination. As such they appeared in the said Examination which was held on December 19, 2005. The result of the written examination was declared on June 10, 2006. After that the writ petitioners appeared before the Interview Committee and final result was declared on July 15, 2006. Accordingly, the writ petitioners (Excepting Writ Petitioner Nos. 7 & 8) became entitled to be promoted to the E4 Grade from the date of obtaining the said certificate. The writ petitioner nos. 7 and 8 had appeared in the said Examination in the year 2004 and cleared the same in 2005. However, they were granted the First Class Certificate on May 20, 2006 after gathering requisite experience.
(3.) IT is significant to mention that upon promulgation of promotion policy in the Mining Discipline, it transpired that some anomalies had cropped up. In order to resolve such anomalies, a Committee was formed which was looking into the matter. On 14th December, 1999, the said Committee made certain suggestions to remove the said anomalies. The authority concerned formed Anomaly Committee in view of the grievances raised from various corners in the matter of promotion from Lower Grade to Upper Grade on obtaining the First Class Certificate. The said grievances were placed before the Anomaly Committee. For settlement of all those cases of anomalies, the Anomaly Committee, upon reviewing the existing guidelines, made certain recommendations in the matter of promotion from Lower Grade to Upper Grade on obtaining the First Class Mines Managers? Certificate. The Anomaly Committee recommended that Senior Managers, on possessing First Class Mines Managers? Certificate in E-3 Grade, will be horizontally moved to First Class Channels in E-3 Grade, instead of being promoted to E-4 Grade. The said recommendation was placed by the Anomaly Committee before the appropriate authorities.;