SAMBUDDHA CHAKRABARTI, J. - (1.) THE petitioners are executives employed in the Coal India Limited (CIL, for short) working in the excavation discipline in various subsidiaries of CIL. They are presently working in E -6 grade.
(2.) BY an office order dated May 3/5, 2011 CIL circulated the guidelines for promotion of executives from E -6 to E -7 grade. The total marks for the Departmental Promotion Committee (DPC, for short) was 100 of which for the executive evaluation report 70 marks were allotted, for the length of service in the existing grade were allotted 20 marks and 10 marks were reserved for qualifications. It was inter alia indicated that based on the total marks calculated the final merit list was to be drawn up in a descending order and promotions were to be made from the list in order of merit subject to certain other conditions.
(3.) IT is the grievance of the petitioners that the evaluation process in the new policy has been drastically changed from the existing one so as to frustrate the promotion of the senior employees with greater experience. According to them the difference of marks between excellent and commendable for Executive Evaluation Report (EER, for short) of three years was drastically increased to 8 marks as against 6 marks in the old policy. Vacancies arose in the years 2009 and 2010 respectively and they after completing their requisite qualifications and terms of service in E -6 grade became eligible to be considered for promotion for the vacancies of 2010. But the CIL declined not to follow the old Common Coal Cadre (CCC, for short) and did not hold any DPC in terms of the promotional policy which was in vogue. This has resulted in their stagnation in E -6 grade for years. After preparation of the new guideline in May, 2011 CIL decided to fill up the vacancies of 2010 in accordance with the new guidelines instead of the guidelines that prevailed at the time when vacancies arose. The petitioners further alleged that CIL chose to fill up the vacancies of 2009 and 2010 by two different policies.;