M.Y.EQBAL, J. - (1.) THE petitioner has prayed for quashing the office order as contained in the letter dated 23.8.1992 issued by the Manager whereby the petitioner was informed that his representation for promotion to the executive cadre from nonexecutive has been refused.
(2.) THE petitioner entered in the service of the respondent in 1972 and posted in Quality Control Department. In 1977 the petitioner was promoted in higher scale of P -7 grade in the non -executive cadre. In 1982 he acquired the professional qualification of Associate Member of Institute of Chemist and consequently two increments was given to him. In 1984 the petitioner was transferred to Refractory Raw Material Plant. It is contended that the purpose of transfer the petitioner was to deprive him from promotional benefit from non -executive to executive cadre. The petitioner 's further case is that in 1988 he was promoted to P -8 scale. The petitioner thereafter acquired the professional qualification of Associate Member of Institute of Chemist by passing the examination and became qualified chemist and in terms of the circular issued by the Chief Personal Manager, Bokaro Steel Plant lying down the criteria for promotion from non executive cadre, the petitioner was exempted from pre -selection training post prescribed for promotion from non -executive to executive post. According to the petitioner her was possessing the required qualification for promotion to executive cadre, his case was not considered. The petitioner, therefore, filed representation in 1983 followed by subsequent representation in the year 1984 but till date the case of the petitioner for promotion has not been considered. It is alleged by the petitioner that other three similarly situated persons although getting the scale of L -7 have been promoted to the executive grade ignoring the case of the petitioner. The respondent 'scase on the other hand as per the counter affidavit is that promotion from non -executive to executive grade, a minimum of 3 years service of L -8 grade was required and also passing of preselection training. The petitioner was not fulfilling the criteria for promotion as per the promotion policy of 1982, as then was prevailing. It is stated that the petitioner did not become eligible for promotion to E -1 grade merely on acquisition of the aforementioned AIC qualification as he had not been promoted to L -8 grade by that point of time and service of atleast 3 years in L -8 grade was necessary for consideration for promotion. So far the allegation of transfer is concerned it is stated that their transfer was issued in the exigencies of work in the interest of organization. It was not a case of solitary transfer rather 14 other persons along with the petitioner were transferred from Construction Division. So far the case of discrimination is concerned it is stated that Shri S.K. Patra, Shri U.P. Singh and Shri D. Sahay at the time of promotion were posted in L -8 grade and therefore, their, cases were considered for profession. However it is admitted that Shri S.P. Singh was working as a Construction Supervisor grade 2 in L -7 grade and by virtue of the entire circular of the post of Junior Manager he had applied for that post and then he was given appointment in E -1 grade as Junior Manager.
(3.) MR . S.B. Gadodia, learned counsel appearing for the petitioner firstly contended that the petitioner was fulfilling the criteria for promotion as envisaged in the circular dated 27.12.1982/4. 1.1983 in as much as by that time the petitioner acquired professional qualification of Associate Member of Institute of Chemist. According to the learned counsel admittedly the petitioner was promoted to P -8 scale on 24.3.1988 and after serving 3 years in P -8 scale the petitioner became entitled to promotion to executive cadre in 1991. Learned counsel submitted that in any view of the matter if under the new promotion policy/circular the petitioner became entitled to promotion in the year 1995 after completing 7 years of service in P -8 grade.;