Pramath Patnaik, J. - (1.) The instant writ application has been filed by the petitioner for grant of the following reliefs: (A) The respondents be directed to give effect to the promotion order dated 30.12.2006 so far the petitioner is concerned and to give all consequential benefits thereon. (B) The respondents be directed to give the scale of pay of Rs.5962- 149-3644 grade 'E' of NCWA VII meant for the post of Security Guard w.e.f. 30.12.2006 i.e the date of his promotion and to pay his retirement dues on that basis. (C) The respondents be directed to extend the benefit of SLU to the petitioner w.e.f. 01.01.2001 on and from the date when his juniors were given the benefits of SLU. (D) The respondents be directed to not discriminate the petitioner and to extend the same benefit of SLU w.e.f. 01.01.2001 at par with the same and similarly situated persons.
(2.) The brief facts of the case, is that petitioner was initially appointed as Security Guard in the year 1973 by the competent authority. After rendering satisfactory and meritorious service, the petitioner was promoted as Arm Guard in the year 1992. While continuing in the promoted post, to his ill fortune, respondent no.4 issued charge sheet/suspension order holding him liable for misconduct, willful insubordination and disobedience and wilful neglect of work, as evident from Annexure-1 to the writ petition. The charges levelled against the petitioner was enquired into by the enquiry officer and ultimately in the year 2005 the enquiry officer submitted report opining that charges levelled against the petitioner are not proved. On the basis of the enquiry report, the respondent authorities passed order of punishment of warning and denial of remuneration for the period of suspension i.e. 01.01.2002 to 08.02.2002, as per Annexure-2 to the writ petition. Being aggrieved by the order of punishment, the petitioner preferred appeal praying for recall of the order of punishment, but no order seems to have been passed on the appeal till filing of the writ petition. In the year 2001 Special Upgradation List was published from the office of the project Manager (SG) Sirka, CCL which was prepared in accordance with provision laid down in I.I. No.53 dated 27.09.2001, the M/Rated and T/Rated employee of the Sirka Colliery for the employees those who have remained in the same grade/category for a period of 8 years or more in service as on 01.01.2001. The said list did not contain the name of the petitioner as evident from Annexure-4 to the writ petition. It has been averred that the petitioner submitted series of representation for extending the benefit of service linked upgradation (in short referred to as 'SLU') with effect from 12.12.2001 at par with other same and similar situated person but of no effect. It has further been contended in the writ application that on the date of upgradation no charge sheet/departmental proceeding was pending against the petitioner rather the charge memo was issued against him on 03.01.2002. It has further been averred that by a promotion order dated 30.12.2006 several Armed Guards have been promoted to the post of Head Security Guard but the case of this petitioner has not been considered. So far as promotion from the post of Armed Guard to Head Security Guard is concerned, a list dated 30.12.2006 was published by the respondents wherein the name of the petitioner was mentioned, but, his joining on promotional post was not accepted on the ground of issuance of charge sheet. Though, the charge memo dated 10.03.2007 was issued by the Superintendent of Mines Manager, Sirka on the allegation of misconduct for unauthorized construction and the petitioner was directed to submit his reply to the said charge sheet, the order of suspension which is passed on 10.03.2007 in view of fresh charge sheet, was revoked with effect from 22.03.2007. The petitioner submitted his reply to the charge sheet repudiating all the charges, the copy of the charge sheet has been annexed as Annexure-5 to the writ petition. Though, the petitioner submitted his joining in the promotional post on 12/20.12.2006 but the same was not accepted. The petitioner submitted representation on 23.05.2007 before the concerned authority to give effect to his promotion order, and retired on 31.12.2008 on attaining the age of superannuation. Being aggrieved by the order of punishment as well as non-grant of upgradation, the petitioner has been constrained to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievance.
(3.) Supplementary affidavit has been filed on behalf of the petitioner wherein vide order dated 30.12.2006, vide Annexure-7, the petitioner along with other eligible candidates have been promoted. The name of the petitioner has found place at serial no.90.;