M.Y.EQBAL, J. - (1.) IN this writ application the petitioners have prayed for issuance of appropriate writ directing the respondents to absorb them in the Material Management discipline from the date of their completion of one year of probation in the Material Management discipline in view of the provision in Common Coal Cadre and the circular issued by Coal India Ltd.
(2.) THE facts of the case lie in a narrow compass. Petitioners ' case is that they were promoted In the year 1994 and 1996 in E -5 Grade in the Executive Cadre. On 13.4.1998 the General Manager, Coal India Ltd. issued an internal circular inviting applications from different employees of different discipline for transfer/movement to Material Management discipline called as horizontal movement. Petitioners being fully qualified applied for horizontal transfer to Material Management discipline in pursuance to the aforesaid circular and their cases were duly recommended by the appropriate authorities. It is contended that the interview for horizontal transfer, in the Material Management discipline was held on 6.11.1998 and 29 employees belonging to Central Coalfields Limited were called for the said interview and after interview held on different dates list of selected candidates were prepared. The name of petitioner No. 1 appeared at serial No. 3 petitioner No. 2 at serial No. 1, petitioner No. 3 at serial No. 6. Petitioners were posted in the Material Management discipline on probation initially for a period of one year and their absorption in the said discipline was subject to their satisfactory performance during the period of probation. Petitioners ' case is that they have been working in the Material Management discipline till date to the satisfaction of all concerned but still they have not been absorbed in Material Management discipline by issuing formal order of absorption.
(3.) RESPONDENTS filed their counter -affidavit admitting that petitioners and 39 other Executives of different discipline were selected for horizontal transfer. However, during the process of selection three Executives filed writ petition before the different High Courts against the above horizontal transfer. One of the Executive Mr. Manoj Kumar Upadhyay filed writ petition before the Madhya Pradesh High Court, Jabalpur in which that Court by order dated 18.9.1998 directed that respondents may proceed with the interview process but shall not issue any appointment order until further orders of the Court. Subsequently, the Madhya Pradesh High Court modified the order to the extent that any appointment made during the pendency of the writ petition shall be subject to the final decision of the case. Another Executive filed writ application before the Calcutta High Court, which was ultimately dismissed on 6.9.2002 for non -prosecution. Another Executive Mr. P. K. Sahoo filed writ petition before the Orissa High Court in which order was passed on 31.7.2000 directing the officers who were transferred/promoted to E -3 and E -4 rank shall not be confirmed without the leave of the Court. The respondents have admitted in their counter affidavit that the Executives who were horizontally transferred to Material Management discipline will be on probation for a period of one year and their absorption will be subject to satisfactory performance during the period of probation. It is stated that due to various orders passed by Madhya Pradesh and Calcutta High Court, petitioner could not be absorbed in the discipline.;