- (1.) HEARD the parties and with their consent this writ petition is being disposed at this stage itself.
(2.) THE petitioner, who was an employee of Bharat Coking Coal Limited and was holding a post of an Executive in E -3 Grade (Senior Estate Officer), retired from service on 31.12.2000. His grievance is that though he was entitled to be promoted to E -4 Grade (Deputy Estate Manager) prior to his retirement but at one hand his case for promotion was not considered and on the other hand one T.B.S. Tiwary, who was just above to this petitioner in gradation list and four other persons namely, Ravindra Chakraborti, Arun Kumar, Ramesh Chakraborty and M. Khalkho, who were juniors to the petitioner in gradation list, contained in Annexure -1 to this writ petition, were given the said benefit of promotion from E -3 Grade to E -4 Grade and, therefore a prayer has been made to direct the respondents to give him the promotional penefit with all consequential benefits. It is furfher stated by the petitioner that he had filed several representations before the concerned authorities for giving him the aforesaid promotion but no heed was paid and, ultimately, by a letter dated 24.9.2002 contained in Annexure -4, issued under the signature of Chief Personnel Manager (EE), he was informed by the concerned authority regarding their inability to accede to the request of the petitioner for promotion.
(3.) A counter affidavit has been filed on behalf of the respondent nos. 1 to 4, i.e. M/s B.C.C.L. and its officers, wherein it has been stated that the representation of the petitioner was forwarded to Coal India Limited for consideration put the Chief General Manager (Personnel) of M/s Coal India Limited by his letter dated 10.4.2002, has communicated the inability to accede to the request for consideration of promotion on the ground that the petitioner has seized to be in the employment of M/s Bharat Coking Coal Limited and, therefore, giving him promotion with retrospective effect is not possible. In support of the above statement, a copy of the letter dated 10.4.2002 sent to Dy. Chief Personnel Manager (EE), B.C.C.L, Dhanbad, by the Chief General Manager (personnel) of Coal India Limited has been annexed as in Annexure -'A' to the counter affidavit.;