Back
IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, PRASENJIT BISWAS
Coal India Ltd. – Appellant
Versus
Sukhbinder Singh Saini – Respondent
JUDGMENT :
Madhuresh Prasad, J.
1. Heard the learned senior advocates representing the parties. The appellant, Coal India Limited (CIL) was the respondent before the writ court and has challenged the order of the writ court, dated 09.09.2019, in the present proceeding.
2. A brief factual background to filing of the writ petition is that the writ petitioners were working in the CIL on a non-executive grade. They are diploma holders and were stagnating in a particular grade for more than a decade. They moved before the authority raising a grievance in this regard. A sub-committee was thus constituted by the CIL on 14.02.2008, to consider their grievance and examine an issue regarding career growth of the writ petitioners. Pursuant to report of the Sub-Committee, the board of directors of the appellant in the 255th meeting took a decision to allow an option to the writ petitioners, who all were diploma holders stagnating for 15 years or more as non-executive staff, for availing benefit of upgradation to E-1 Grade.
3. Learned senior advocate for the CIL submits that the decision of the Board was a one-time measure to upgrade the post of the writ petitioners, so as to ameliorate the situati
Denial of notional pay scale upgradation w.e.f. 01.01.1996 to Inspectors/Superintendents, when granted to comparable accounts cadres, violates Article 14 equality; uniform notional benefits mandated ....
Point of Law : Reasoning of the High Court was erroneous and the appellant No.1 was also entitled to the same benefits of pay parity with Shri Shori as has been granted to the appellant No.2
A subordinate legislation, such as a CIL Circular, must be interpreted in consonance with the statutory Rules governing the same issue, and that the statutory Rules would have precedence.
A person senior in a gradation list cannot be allowed to be paid lesser salary than his junior, as per the Supreme Court’s decision in Gurcharan Singh Grewal and another vs. Punjab State Electricity ....
The main legal point established is that once a benefit is extended, the party is estopped from denying it later, and financial constraints are not a valid reason to deny rightful dues.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
