S.K. SINHA Vs. COAL INDIA LIMITED AND OTHERS
HIGH COURT OF CALCUTTA
Coal India Limited And Others
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Tarun Chatterjee, J. -
(1.)- The writ petitioner was initially appointed as an Executive E- I(CP) of Coal India Ltd. and was promoted to Executive E-II on 5th of May 1989. The petitioner is a Mechanical Engineer having first class degree and had completed a minimum three years of service in Engineering discipline (Mechanical) E-II grade on 5.5.1992 and was competent and eligible for promotion to E-III grade. By an order dated Aug. 31, 1992 the petitioner along with others was promoted from E-I I grade to E-III grade. This office order dated Aug. 31, 1992 is annexed at page 14 of the writ application. Subsequently on Sept. 5, 1992 the writ petitioner was served with another order saying that the earlier order of promotion passed in favour of the writ petitioner was withdrawn as it was issued inadvertently. This order which is Annexure "D" to the writ application is now under challenge in this writ application. The Learned Counsel for the Coal India Limited has drawn my attention to a memorandum which is Annexure "A" to the affidavit-in-opposition filed to the writ application to the effect that level of promotion would be considered on the basis of the date of entry in the existing grade which is mentioned as May 31, 1989. According to the Learned Counsel for the Coal India Limited, since the writ petitioner admittedly could not complete three years on May 5, 1989 the writ petitioner was not eligible to be promoted on the basis of the aforesaid memorandum dated May 21, 1992 and therefore, the order of promotion so far as the writ petitioner is concerned was so issued inadvertently. This position could not be controverted by the Learned Counsel for the writ petitioner. From a plain reading of this memorandum which is Annexure "A" to the affidavit-in-opposition and after considering the admitted fact that the date of entry in the existing grade so far as the writ petitioner is concerned was not May 31, 1989 but May 5, 1989, I am in agreement with the Learned Counsel for the Coal India Limited that the petitioner could not be promoted to the next grade on the basis of the aforesaid circular which is Annexure "A" to the affidavit-in-opposition and therefore, the order of promotion was rightfully withdrawn by the Coal India Limited. But there is another subsequent event which in my view should also be considered now. Admittedly the service of the writ petitioner is guided by the "Common Coal Cadre". Chapter IV of the Common Cadre deals with the Cadre Schemes and Promotion Procedure of the Coal India Limited. Art. 4.6 is the guideline for holding Departmental Promotion Meetings. 4.6(c)(i) says that in respect of all Executives of engineering disciplines 31st May of each year would be the date for consideration for promotion. Admittedly today the writ petitioner has already satisfied the guidelines contained in the aforesaid article. Therefore, the writ petitioner should be promoted on the basis of his completing 3 years from 31 May, 1989 to the next post. Accordingly, I dispose of this writ application by directing the Coal India Limited to accord promotion to the writ petitioner from E-2 grade to E-3 grade, if not already promoted in the meantime, in accordance with the date mentioned in Art. 4.6 which is the guideline for holding D.P.C. meetings subject to any other formalities that may be done by the writ petitioner. Such promotion, however, must be given in accordance with law and the prevailing Rules of Coal India Limited. The writ petition is disposed of.
There will be no order as to costs.
All parties concerned to act on a xerox signed copy of this dictated order on the usual undertaking.
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