- (1.) Heard counsel for the parties.
(2.) These four petitioners were up-graded to the post of E-l Grade and designated as Subordinate Engineer (Civil)/(E&M) from their existing post of Engineer Assistant (Civil) and FIC (E&M) in TS Grade-A/A-1 by office order dated 07.12.2011 (Annexure-1) issued by the General Manager, Personnel, Coal India Limited which stipulated that up-gradation to E-l Grade shall be personal to the employees and on up-gradation, they will be on probation for a period of one year at the first instance and if their services are not found satisfactory, they will be reverted to their non-executive post. This up-gradation will be effective on and from the date they assume charge in the E-l Grade.
(3.) The grievance of the petitioners is that they took charge sometime in January 2012 after office order dated 05.01.2012 (Annexure-2) issued by the Central Coalfields Limited in respect of petitioner Nos. 2 and 3. According to them, on their up-gradation and after completing the probation period, Central Coalfields Limited has confirmed them as Subordinate Engineers from the respective dates and one of such order dated 08.03.2013 issued in respect of petitioner No. 1 is annexed as Annexure-3. Upon their up-gradation, their pay fixation was done, one such instance of pay fixation of the petitioner No. 1 has been annexed as annexure-4 which shows that his pay scale was fixed under N.C.W.A-VIII 30.06.2011 being Rs. 24,142.80. Their case is that they have been paid arrears as per N.C.W.A.-IX as E-l Grade after N.C.W.A-IX came into effect on 01.07.2011. This however has been sought to be modified by office order dated 15.03.2013 (Annexure-5) issued by the respondent-Central Coalfields Limited indicating therein that the basic pay of the petitioners who are up-graded to E-l Grade as Subordinate Engineers, is being modified pursuant to the office order dated 11.02.2013 to the extent that the same would be re-fixed notionally as the concerned employees had been up-graded by the first respective order during the period December 2010-April 2011 without giving effect to N.C.W.A-IX. This has aggrieved the petitioners as according to them, pay fixation done under N.C.W.A.-IX on their assumption of charge and confirmed on E-l Grade, has been sought to be reduced without any show-cause notice. They have enclosed annexure-7 series as an instance of reduction of their scale from what they were getting.;