- (1.) Being aggrieved that the Implementation Instruction No. 32 dated 22.01.2002 has not been implemented in full and the beneficiaries of the instructions dated 22.01.2002 have not been allowed proper designation, the petitioners have filed the Writ Petition.
(2.) Learned counsel appearing for the petitioner has contended that the petitioners have not been granted promotion. He has placed reliance on paragraph No. (2) of the Implementation Instruction No. 32 dated 22.01.2001 which says : (2) "Existing I.T.I. Personnel who have completed three years in the existing grade as on 31.12.1999 will be notionally placed in next higher category / grade w.e.f. 1.1.2000 but the financial benefit will accrue w.e.f. 1.1.2001 and this will be personal to them as one time arrangement."
(3.) A counter affidavit has been filed on behalf of the respondents in which a statement has been made in paragraph No. (4), which is extracted below : 4. "That at the outset, it is stated and submitted that the present writ application is liable to be dismissed in limine in view of the fact that the Respondents have already given effect to the provisions contained in Implementation Instruction No. 32 formulated by the Joint Bipartite Committee on Coal Industry VI (JBCCI-VI). It is stated and submitted that the Respondents have implemented the said Instruction in its true perspective and there is no illegality and infirmity. It is stated and submitted that by office order dated 13/1/2003 contained in Annexure-4 to the writ application and the office order dated 8/1/2003 the petitioners have been given appropriate placement and consequently monetary benefits have also been allowed. By way of example, the name of the petitioner No. 1 figures at serial No.3 of the office order dated 13/1/2003 (Annexure-4). He was having designation of Foreman (Mechanical) in Technical and Supervisory Grade-B. It is stated that in the light of the Implementation Instruction No. 32, the petitioner No. 1 was placed in Technical and Supervisory Grade-A which is a grade higher to T&S Grade-B. It is further stated that as per Implementation Instruction, he has been allowed placement with effect from 1.1.2001 and also monetary benefit from the self same date. Similar benefits have been extended to the petitioners in the writ application and accordingly, the answering Respondents have given effect to I.I. No. 32 of J.B.C.C.I-VI.";