The impugned order's ground for rejection was not sustainable in the eyes of law, and the decision of the Board of Coal India Limited did not make any distinction amongst the diploma holders for two years, three years or one year.

JUDGMENT :

Heard Mr. Atanu Banerjee, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. V.K. Dubey, learned counsel appearing on behalf of the respondents.

3. This writ petition has been filed for the following relief :

“For quashing of the so-called reasoned order dated 8.9.2011 (Reference No. CIL: C5: (a) (1): 50254: 955) passed by the Director (P&IR), C.I.L. (respondent no.2), whereby and whereunder the representation dated 22.6.2011 of petitioner and 3 other employees of Bharat Cooking Coal Limited made in pursuance of order dated 9.5.11 and along with a copy of the order dated 9.5.11 passed in W.P.(S). No.558/11 (as modified by order dated 9.6.2011) for allowing them the benefits under career Growth Scheme of diploma holders stagnating in A or A-1 grade by way of up-gradation to Executive – 1 (E-1) Grade has not been accepted and accordingly, the representation disposed of;

And

Petitioner further prays for issuance of an appropriate writ(s) / Order(s)/direction (s) commanding upon the concerned respondents to allow the petitioner to benefit of career growth in terms of the approval granted by the Board of Directors of the Coal India Limited vide Item No.255:4(I) in its 255th Meeting held on 17.3.2011 at New Delhi for up-gradation of all diploma holders of Engineering discipline i.e., mining, E&M excavation, Civil ENT, Industrial Engineering’s, Coal preparation etc., which have been stagnating in technical and supervisory grade – A or A-1 for more than 15 years to E-1 grade:

And

Petitioner further prays for issuance of an appropriate writ (s)/order(s)/ direction (s) commanding upon the concerned respondent to upgrade the petitioner to the post of Executive – 1 (E-1) grade and designate the petitioner as subordinate Engineer (E&M) w.e.f. the date when other similarly situated employees and employees junior to the petitioner upgraded to the post of E-1 grade and designate as Subordinate Engineer (E&M) by an office order dated 22.12.2010 issued by Coal India Limited in terms of the decision taken in 255th Meeting of the Coal India Limited’s Board of Directors and the recommendation of the committee.”

Arguments of the Petitioner

4. While giving the factual background of the case, learned counsel for the petitioner submits that the petitioner completed Diploma in Technology in Automobile Engineering and passed the final examination for which a certificate was issued by Hindustan Institute of Engineering Technology on 20th Day of January, 1984. An advertisement was issued inviting application through employment exchange for the post of Technician and Apprenticeship (Automobile) and the required qualification was matriculate with diploma in automobile engineering. Consequently, the petitioner applied and was appointed in Technical Grade-C vide appointment letter dated 11.06.1990. Thereafter, vide office order dated 09.08.1996, the petitioner, who was working on the post of T & S Grade C at the relevant point of time, other diploma holders and Assistant Foreman were placed on the post of Foreman in T&S Grade B w.e.f. 17.08.1991 and as per the office order dated 09.08.1996 (Annexure-4), the petitioner was a diploma holder. The learned counsel further submits that vide office order dated 12.03.1997 (Annexure-5), which was also issued pursuant to letters issued by Coal India Limited, the petitioner was given notional seniority to the post of Foreman Incharge in T&S Grade A. w.e.f. 17.8.1994. Thereafter, on the basis of recommendation of departmental promotion committee, the petitioner was promoted to the post of Foreman (I/C E & M in T&S Grade A-1) w.e.f. 01.04.2005 vide office order dated 29/30.07.2008 (Annexure-6).

5. The learned counsel further submits that vide letter dated 07/08.07.2004 (part of Annexure-7 series), the provisional seniority list of Foreman I/C E & M diploma in T&S Grade A was published and circulated inviting objection and the name of the petitioner appeared at Sl. No.326 and the petitioner’s technical qua