IN THE HIGH COURT OF JHARKHAND AT RANCHI
APARESH KUMAR SINGH, DEEPAK ROSHAN, JJ.
Krishna Kumar Singh – Appellant
Versus
Steel Authority of India Limited, New Delhi through its Managing Director – Respondent
W.P.(S) No. 6283 of 2017, W.P.(S) No. 6354 of 2017
Decided on : 11-10-2022
Refused to grant promotion - Rejection of his representation - Aggrieved on account of rejection of his representation vide reasoned order by which his claim for promotion to S-10 grade was rejected – Held, Service career of petitioner shows that he had been censured for first time on charges of misconduct and again punished with major penalty of stoppage of increment without cumulative effect vide order - Thereafter, despite being granted promotion in year from (S-1) to (S-2), he did not join new post - Thereafter, he was reinstated in service pursuant to appellate order in order to give him last chance to improve his behavior - Finally, he was again promoted from post of (S-1) to (S-2) regarding which again there is no report of his joining new post - On main plea being harped upon by petitioner regarding promotion to a lower post of (S-2), as observed above, petitioner has not been able to show line of promotion in organization to substantiate plea - Stale claim of 20 increments over a period and claim for subsistence allowance for certain period till his dismissal from service - Subsistence allowance has been paid, though later on but his claim for 20 increments for period of 20 years is stale, as has been rightly held by learned CAT - W.P dismissed.
JUDGMENT :
Heard learned counsel for the parties.
2. Both the writ petitions relate to the same petitioner but arise out of different orders passed by the learned Central Administrative Tribunal (CAT), Circuit Bench at Ranchi in O.A./051/00109/2016 and O.A./051/00219/2016 respectively, both dated 07.07.2017. For easy reference, the reliefs prayed for in the respective original applications are extracted hereunder:
in
W.P.(S) No. 6283 of 2017
i. For quashing the order no 216 dated 2/3.3. 2015 red by the Deputy General Manager (Mines), Steel Authority of India Limited, Raw Material Division Mines, Bhawnathpur, Limestone Bhawnathpur District Garhwa, whereby the said authority has illegally held that representation of the applicant for giving him promotion to S-10 grade cannot be considered within the rules guiding promotion to non- executives in SAIL, RMD and as such has refused to grant promotion to the applicant, (as contained in Annexure-15 to this writ petition).
ii. For holding and declaring that the aforesaid order, whereby the claim of the applicant has been illegally refused, is non-speaking and without making proper consideration of the case of the applicant who is duly entitled to be promoted on the higher post.
iii. For quashing the portion of promotion/placement order bearing No.01 dated 1.1.2007 issued by the respondent no.4 whereby the applicant whose name appears at Sl.No.8 of the said order has been given his promotion to the post of Khalasi Grade-I in the scale of Rs.4080-5865/- whereas he was working on the post of Attendant Grade-II, S-1 in the scale of Rs.4000- 5600/- and was entitled to be promoted to the post of Time Keeper S-10 Grade.
iv. For holding and declaring that the applicant is entitled to get aforesaid promotion to the post of Time Keeper S-10 Grade in view of the fact that he along with others were promoted to the post of Time Keeper in the year 1985 vide office order dated 3.7.1985 as contained in Annexure I which is Grade-III (L-III Post) and as per rule of the Steel Authority of India Limited every employee completing four years of service is entitled to higher post of promotion.
v. For a direction upon the respondents to re-consider the case of the applicant and grant him promotion on the aforesaid post i.e. Time Keeper S-10 Grade and pay him consequential benefits.
vi. For direction upon the respondents to continue the service of the applicant by regularizing the period of break in service from 19.8.2000 to 24.1.2001 as during the said period, the applicant's services were dismissed illegally and he was subsequently allowed to join by the competent authority in service on 24th January, 2001.
vii. For direction upon the respondents to release due 20 increments of the applicant from the year 1981 to 2001 and also make payment of due suspension allowance payable to the applicant.
viii. For direction upon the respondents to reimburse tuition fee in respect of son of the applicant amounting to Rs. 51,000/- (at 17,000/- per year) as the same is lying due with the respondents for which the applicant the law."
OA. No. 051/00219/2016
In
W.P.(S) No. 6354 of 2017
i. "For quashing letter no. RMD/C/Pers/F-25/03/626 dated 12.5.2003 issued by the Deputy Manager (Personnel). Steel Authority of India Limited, Raw Material Division, Kolkata (respondent no.-3), enclosed with letter dated 1.2.2016 issued by the Senior Manager, Coordination/ Personnel, Steel Authority of India Limited, Ispat Bhawan, Lodi Road, New Delhi, whereby and whereunder the said authority while disposing the representation of the applicant has erroneously found that the previous service of the applicant cannot be counted and has also refused to consider the request of the applicant for grant of 20 increments in favour of the applicant besides suspension allowance for certain period (as contained in Annexure - 18 and 18/A to this application).
ii. For holding and declaring that the aforesaid action of the respondents whereby the repres
The court upheld the principle that a petitioner is entitled to the benefits of a promotion as per previous orders and should not be deprived of such benefits, especially after retirement.
The central legal point established is the entitlement of an employee to promotions and financial benefits from the dates his juniors were promoted, as per the relevant service recruitment rules, and....
The court emphasized that the denial of arrears of pay and notional promotion must be based on valid reasons and compliance with court orders is mandatory.
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
The main legal point established in the judgment is the relevance of merit-based promotion, comparative assessment of candidates' qualifications and performance, and the consideration of past perform....
Promotion processes must adhere to fairness and empathy, especially regarding unforeseen circumstances affecting employees' ability to fulfill job requirements.
SC employee entitled to notional promotion in reserved category with supernumerary post if erroneously denied due to junior's irregular promotion.
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