- (1.) THE Court : By the present writ petition the petitioners have inter alia prayed for a Writ in the nature of Mandamus commanding the respondents to re-fix their seniority in E-5 Grade with effect from the respective dates on which they had passed the First Class Mines Manager Certificate of Competence (MMCC, for short) while working in E-4 Grade, a writ in the nature of Mandamus commanding the respondents to consider the case of the petitioners for promotion from E-5 to M-1 Grade in terms of the Guideline, dated June 12, 2006 and for other reliefs.
(2.) THE petitioners are presently working as Superintendents of mines in E-5 Grade in the Coal India Limited. According to them E-2 Grade is the entry point of officers in the mining discipline and there are two channels of entry in the E-2 Grade: direct recruit or promotion. Promotion from E-2 to M-1 is based on the principle of seniority-cum-fitness. Promotion from E-2 to E-3 is automatic. However, promotion from E-3 to E-4 is dependent on the vacancy position and promotion from E-4 to E- 5 is based on the cluster concept promotion, i.e., automatic promotion on having completed three years of service. Petitioners nos. 4, 5 and 6 had passed the First Class MMCC on November 21, 2000 while in the E-4 Grade. In terms of the Coal India's circular dated September 22, 2000 they should be promoted to E-5 Grade in the First Class stream with effect from November 21, 2000. But by an order dated September 5, 2001 the petitioners nos. 4, 5 and 6 were promoted to E-5 Grade in Second Class channel without considering the fact that they had passed the First Class MMCC on November 21, 2000.
(3.) SIMILARLY the petitioners nos. 1, 2 and 3 had passed the First Class MMCC on March 28, 2002 while they were in the E-4 Grade and they also completed two years' service in the said Grade. In terms of the circular of the Coal India these three petitioners should be promoted to E-5 Grade in the First Class stream with effect from March 28, 2002. But the petitioners nos. 1, 2, 3 and 6 were promoted to E-5 Grade in the Second Class channel by an order dated September 23, 2006.;