- (1.) THE petitioner has moved this Court seeking a direction upon the respondents to consider his case in terms of para -2 of the policy of the promotion from Non -Executive to Executive Cadre and appoint and promote the petitioner to the post of Junior Executive Pharmacy (E -O).
(2.) THE brief facts as disclosed in the Writ Petition are that the petitioner who is a Diploma Holder in Pharmacy completed his course in Diploma in the year 1975 and he was appointed on 23.05.1978 in Central Coal Washery Organisation. It is stated that on 01.10.1983 Central Coal Washery Organisation was merged with Bharat Coking Coal Limited and all the employees of the Central Coal Washery Organisation became employees of Bharat Coking Coal Limited and they were asked an option whether to continue with service conditions applicable to Central Coal Washery Organisation or to the Rules applicable to the Bharat Coking Coal Limited. A Writ Petition being CWJC No. 2075 of 1998 (R) was preferred by one Janta Mazdoor Sangh agitating the claim of the workmen for promotion from Non -Executive Cadre to Executive Cadre and the said Writ Petition was disposed of on 18.01.2000 with a direction to implement the Rules of Promotion of Non -Executive Cadre as contained in Sail Rules.
(3.) THE petitioner made an application against the advertisement, which was issued on 06.04.2001 and he along with others were called for interview. A list of 16 persons in Technical Categories was prepared for promotion to E -O Category. It is further stated that the list contained name of two persons namely, Mr. S.K. Mukherjee and Mr. Lakhan Ram who however, retired before a final decision was taken to fill the posts.;