ORDER

Bharat Coking Coal Limited (in short the BCCL ) is a subsidiary company of Coal India Limited. On 27th March, 1975, the appellant was appointed in BCCL as a Draftsman. It is alleged that subsequently on 20th November, 1987, the appellant was promoted to Executive cadre as Public Relation Officer in E-2 Grade. On 9th May, 1990, the appellant took charge of the office of Public Relations Manager, which was of E-5 Grade.

2. On 20th January, 1993, a circular was issued providing therein that for promotion from Non-executive cadre to the Executive cadre in public relations office, the candidate must possess a Post Graduate Degree/Diploma in Journalism/Public Relations and also to pass the qualifying examination. The appellant was not subsequently promoted allegedly on the ground that he did not possess the requisite qualification.

3. It is at this stage the appellant herein filed a writ petition under Article 226 of the Constitution before the Calcutta High Court for issuing a direction to the respondents herein to promote him to E-5 Grade and in the alternative to regularise his services in the said Grade.

4. A learned Single Judge of the High Court was of the view that since the appellant herein was working on the post of E-5 Grade for the last 10 years, his services are liable to be regularised. Consequently, the writ petition was allowed and the order to that effect was issued to the respondents. The respondents thereafter preferred a Letters Patent Appeal before the High Court and the Division Bench of the Calcutta High Court, reversed the judgment of the learned Single Judge. Consequently, the appeal was allowed. It is against the said judgment, the appellant has come in appeal before us.

5. Learned counsel appearing for the appellant at the threshold argued that since the appellant was promoted to E-2 Grade in the year 1987, the circular dated 20th January, 1993 was not applicable as the same provided only for promotion from Non-Executive cadre to the Executive cadre. After hearing the learned counsel for the parties, we are not inclined to entertain this argument at this stage for the reason that the appellant s case before die High Court was that he should be promoted to E.5 Grade, or in the alternative his services be regularised therein.

6. It is not in dispute that the terms and conditions of service of the appellant are governed by Common Coal Cadre issued by Coal India Ltd. which is the holding company. The relevant provisions of the said Common Coal Cadre are as under :

"Clause 4.1 : "All promotions from one executive grade to another will be on the basis of the recommendations of the duly constituted Department Promotion Committee (DCP).

ELIBILIGY NORMS FOR PROMOTION

4.7(a). The promotion of departmental executives will be step-by-step according to the channel of promotion indicated in the cadre schemes placed at Appendix IV(2) of the Common Coal Cadre and modified from time to time.

(b) The eligibility of executives for consideration for promotion shall be determined on the basis of minimum qualification and minimum period of service in a particular grade as indicated in the respective cadre schemes placed at Appendix IV(2) of the common coal cadre and should be subject to the following:

(i) xxx xxx

(ii) Promotion orders of the executives will be issued on receipt of vigilance, departmental and safety clearance in respect of Mining E&M and Excavation disciplines and vigilance and departmental clearance in respect of other disciplines.

(iii) xxx xxx

(iv) xxx xxx

(c) Unless otherwise stipulated in the relevant cadre scheme executive has to put in a minimum of three years service in a particular grade before he becomes eligible for consideration for promotion to the next higher grade.

(d) xxx xxx

{e) xxx xxx

(f) Any relaxation, either in the minimum length of service or minimum qualific