S.J.MUKHOPADHAYA,J. - (1.) AS all these cases relate to upgradation of Senior Foremen/Senior Overmen to higher E -I Grade, common order dated 30th June, 2001 passed by the Director (Personnel), Bharat Coking Coal Ltd., Dhanbad (for short B.C.C.L.) is under challenge and common question of law raised, they were heard together and are being disposed of by this common judgment.
(2.) THE petitioners who were incharge Foremen, some of them moved before this Court in CWJC No. 1715 of 2001 (Tej Narayan Pandey and Ors. v. Coal India Ltd. and Ors.) for direction on the respondents to implement the circular No. D(P) Secy./FS/25 dated 20th February, 1987, whereby the policy decision taken in the meeting of the Chairman -cum -Managing Directors of Subsidiary Coal Companies of Coal India Ltd. (for short CIL), including B.C.C.L. for upgradation of Senior Foremen/Senior Overmen with seven years experience to the executive level of E -1 post on the basis of A.C.Rs. and interviews were communicated. This Court vide order dated 27th April, 2001 disposed of the aforesaid writ application, without going into the merits of the case by directing the respondents to consider the representations of those petitioners and dispose them of by speaking order.
(3.) THE Director (Personnel) of M/s. B.C.C.L. Dhanbad thereafter issued impugned order dated 30th June, 2001 and held that requirement of written test is essential for promotion in E&M; Cadre. The petitioners and others were called: for written test on 17th January, 1999 for their selection to the executive cadre, but they having boycotted the written test, the representations of petitioners for upgradation/ promotion to the executive post were rejected.;