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RAKESH MOHAN PANDEY
Lata Jaideo, W/o. Jaideo Pillai – Appellant
Versus
South Eastern Coalfields Limited, Through The Chairman-Cum-Managing Director – Respondent
ORDER :
(Rakesh Mohan Pandey, J.) :
1. Since the common questions of facts and law are involved in these writ petitions, they are clubbed together, heard together and finally disposed of by this common order.
2. The petitioners have challenged the scheme framed by SECL for the promotion of private respondents dated 15.02.2013 (Annexure P/1), in which private respondents were promoted to the post of Data Entry Operator (Technical and Supervisory) Grade “B” vide Order dated 26.10.2013 (Annexure P/2) in WPS No. 992 of 2014.
3. The facts of the present cases are that initially, the petitioners were appointed to the post of Data Entry Operator (Technical and Supervisory) Grade “E” in the year 2012. Thereafter, they were promoted to the post of Grade “D” and then Grade “C”. The consideration of promotion to the next higher post was ‘seniority-cum-merit’ for the Technical and Supervisory Grade “C” to “B”, whereas from Grade “B” to Grade “A” was ‘merit-cum-seniority’. The petitioners were waiting for their promotion from grade ‘C’ to grade ‘B’, but surprisingly, vide 504th meeting of the Management dated 31.12.2012, a decision was taken to promote departmental candidates directly in the Techni
Management's promotion decision violated Article 14 by lacking rational classification and bypassing established promotion channels under the National Coal Wage Agreement.
Promotions must be based on seniority subject to fitness, not solely on merit or ACR grading, as per the applicable rules.
Promotion processes must adhere to established guidelines, ensuring fair consideration for all eligible candidates. Clubbing of vacancies across years violates process integrity, and resultant promot....
The amendment allowing work-charged employees to seek promotion is constitutionally valid, as it involves rational classification and does not violate equality provisions.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Promotion rights must adhere to seniority rules, with equitable treatment for similarly situated employees.
Retrospective cancellation of promotions without natural justice, during judicial stays, based on un-finalized provisional seniority lists is invalid; requires objection hearing, qualification verifi....
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