M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for issuance of an appropriate direction upon the respondents to restore inter se seniority in the gradation list of integrated seniority of the Executives of E -1 to E -5 grades discipline wise treating the petitioner 'sseniority intact even after transfer from BCCL to CCL and further for a direction to promote the petitioner along with his juniors in E -5 Grade and to pay the consequential benefits.
(2.) THE facts of the case lie in a narrow compass : - - The petitioner joined Coal India Limited as Junior Executive Trainee (Civil) in the year 1976 and was promoted time to time in different higher grades. The petitioner was promoted as Executive Engineer and then to senior Executive Engineer in 1987. In the year 1988 the petitioner made a representation to the Chairman -cum -Managing Director, Coal India Limited on 15.01.1988 with the request to transfer him from BCCL to NCL or CCL. The Coal India Limited through its, Deputy Chief Personnel Manager by letter dated 18.04.1988 informed the petitioner about the inability of the Company to transfer him. Petitioner 'scase is that because of his ailing mother he had requested for his transfer but when the respondent -CIL expressed its inability to transfer him, the petitioner fully compromised with the rejection order. However, all of a sudden, by office order dated 1.9.1989 the petitioner was transferred from BCCL to CCL on the condition that he will not claim any seniority. The petitioner joined the transferred post and filed objection regarding the condition put by the respondents on his transfer from, BCCL to CCL. Petitioner 'scase is that impugned transfer from BCCL to CCL was not made on the application of the petitioner and, therefore, question of losing seniority does not arise at all.
(3.) I have heard Mr. V.P. Singh, learned counsel appearing on behalf of the petitioner and Mr. M.M. Banerjee, learned counsel appearing on behalf of the respondents.;