Rongon Mukhopadhyay,J. - (1.) In this application, the petitioner has prayed for quashing the office order as contained in Ref. No. ECL/MC/Agt/12/776 dated 09.07.2012 issued by the respondent no. 2, whereby and where under the claim for regularisation as Store Keeper has been turned down by the competent authority. A further prayer has been made directing the respondents to regularise the services of the petitioner from Time Rated Category to Monthly Rated Category as has been done in the case of similarly situated persons.
(2.) The petitioner was appointed as a General Mazdoor/Store Boy in Time Rated Category at Kapasara Colliery in the year 1995 and had performed the work of Pit Clerk and Cap Lamp Issue Clerk, which are posts falling under the Monthly Rated Category.
(3.) It is the case of the petitioner that since 1997, the petitioner is working as an Assistant Store Keeper, which falls under the Monthly Rated Category Grade-II but even though the petitioner is continuously discharging his duty as an Assistant Store Keeper but the remuneration, which he is getting, is that of a Store Boy/Mazdoor, which falls under the Time Rated Category. The petitioner had represented the authority for his regularisation as Assistant Store Keeper but when his grievance was not redressed, the petitioner preferred a writ application, which was disposed of directing the Deputy Chief Personal Manager, Mugma Area, Dhanbad to consider the case of the petitioner and take a decision in accordance with law. However,since the representation of the petitioner was rejected by the competent authority on 19.12.2005, the petitioner once again preferred a writ application, which was, however, dismissed on 7.5.2010 with an observation that in the event the Management adopts any such policy to enable the conversion of employees from Time Rated Category to Monthly Rated Category, the respondents were directed to consider the case of the petitioner and pass appropriate orders. It is the further case of the petitioner that subsequent to filing of the counter affidavit in earlier writ application i.e. WPS No. 823 of 2006, a Circular dated 11.09.2009 was issued, in which it was directed that no persons deployed in clerical job prior to 12.12.2009 shall be left out for their absorption in clerical grade. The case of the petitioner in terms of the said circular was recommended for regularisation but vide order dated 9.7.2012, his claim was rejected, which is under challenge in the present writ application.;