S.J. Mukhopadhaya, J.

1. As all these cases relate to upgradation of Senior Foremen/Senior Overmen to higher E-I Grade, common order dated 30th June, 2001 passed by the Director (Personnel), Bharat Coking Coal Ltd., Dhanbad (for short B.C.C.L.) is under challenge and common question of law raised, they were heard together and are being disposed of by this common judgment.

2. The petitioners who were incharge Foremen, some of them moved before this Court in CWJC No. 1715 of 2001 (Tej Narayan Pandey and Ors. v. Coal India Ltd. and Ors.) for direction on the respondents to implement the circular No. D(P) Secy./FS/25 dated 20th February, 1987, whereby the policy decision taken in the meeting of the Chairman-cum-Managing Directors of Subsidiary Coal Companies of Coal India Ltd. (for short CIL), including B.C.C.L. for upgradation of Senior Foremen/Senior Overmen with seven years experience to the executive level of E-1 post on the basis of A.C.Rs. and interviews were communicated.

3. This Court vide order dated 27th April, 2001 disposed of the aforesaid writ application, without going into the merits of the case by directing the respondents to consider the representations of those petitioners and dispose them of by speaking order.

4. The Director (Personnel) of M/s. B.C.C.L. Dhanbad thereafter issued impugned order dated 30th June, 2001 and held that requirement of written test is essential for promotion in E&M Cadre. The petitioners and others were called: for written test on 17th January, 1999 for their selection to the executive cadre, but they having boycotted the written test, the representations of petitioners for upgradation/ promotion to the executive post were rejected.

5. One of the petitioners, namely, Shiv Kumar Sinha @ S.K. Sinha of WP (S) No. 1336 of 2002 has challenged the Wireless Message No. BCCL; PA-V; DIP & CON- DIP: 2002 No. 1073-81 dated 16th February, 2002 issued by the Chief Personnel Manager, B.C.C.L., Dhanbad, whereby and whereunder, it was intimated that the written test for selection from non-executive to Executive Cadre in E & M and Excavation Discipline will be held on 24th February, 2002. In the said case, a Bench of this Court vide order dated 21st February, 2002 ordered that the examinations shall be subject to the result of those writ petitions.

6. The main question involved in these cases is :

"Whether the policy decision as recommended and accepted in the meeting of CMDs held on 27th January, 1987, circulated vide Ref. No. D(P) Secy./ FS/25 dated 20th February, 1987 for upgradation of Senior Foremen/Senior Overmen to the executive level of E-1 post envisages written test; apart from evaluation of ACRs and interview or not."

7. According to the petitioners as per the Scheme for upgradation circulated vide letter dated 20th February, 1987, the Selection Committee is supposed to evaluate the merit on the basis of ACRs and interview and not the written test.

8. On the other hand, according to the respondents, as for promotion to the E-1 post, "Common Coal Cadre Guidelines" is applicable, the written test is mandatory for evaluation of merit as per Para 4.10.1(b) of the said guidelines.

Reliance was placed on paragraphs 4.10.1(b) of the "Common Coal Cadre Guidelines", letters Nos. BCCL:FA-V:Prom: Execuive:87 : 478 dated 4th April, 1987; D(P)/PS/87/508 dated 13th April, 1987; CIL:C-5A(ii) : 51823/187 dated 28th April, 1987; and CIL/C- 5/D(P)/FLS/65 dated 30th April, 1987.

9. There is a compilation of guidelines relating to service conditions issued by the respondents known as "Common Coal Cadre", under Paragraph 4.10.1 of Chapter V, the "Cadre Scheme and Promotion Procedures" have been prescribed for promotion from non-executive to Executive Cadre including E-1 Grade posts, as quoted hereunder :

"From Non-executives to Executive Cadre

(a) The quota reserved for departmental promotion to grade E-1 or E-2, as the case may be, in various discipline will be as follows :

Accounts and finance 10% of the post to be f