Back
2024 Supreme(Jhk) 742
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI, JJ.
Coal India Limited – Appellant
Versus
M. Masroor Karim, Foreman Incharge (EMM), Bharat Coking Coal Limited – Respondent
L.P.A. No. 273 of 2022
Decided On : 09-05-2024
Advocate Appeared:
For the Appellant : Amit Kumar Das
For the Respondents: Atanu Banerjee, Satish Kumar, Rahul Basak
IMPORTANT POINT
Statutory rules mandating a three-year diploma for E-1 Grade cannot be disregarded; Article 14 does not support claims based on negative equality.
Headnote:
(A) National Coal Wage Agreement - Statutory fervor - Upgradation of diploma holders - The court quashed the learned Single Judge's order allowing upgradation to E-1 Grade for a two-year diploma holder, emphasizing that the statutory requirement mandates a three-year diploma for eligibility. (Paras 58-60)
(B) Article 14 of the Constitution - Positive equality - The court reiterated that Article 14 does not permit negative equality; thus, a wrong decision in favor of one cannot justify similar benefits for others. (Paras 51-52)
Facts of the case:
The writ petitioner, holding a two-year diploma, claimed upgradation to E-1 Grade based on a decision from the 255th Board Meeting of Coal India Limited, which was not upheld by the court due to statutory requirements.
Findings of Court:
The court found that the learned Single Judge erred in not considering the statutory provisions mandating a three-year diploma for E-1 Grade.
Issues: The main issues were the eligibility criteria for upgradation to E-1 Grade and the interpretation of Article 14 concerning parity claims.
Ratio Decidendi: The court ruled that statutory rules must be adhered to strictly, and the learned Single Judge's decision was flawed for not recognizing the binding nature of the National Coal Wage Agreement.
Result: The appeal was allowed, and the writ petition was dismissed.
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
Prayer:
1. The instant appeal under clause 10 of the letters patent is directed against the order/judgment dated 22.03.2022 passed by the learned Single Judge in W.P. (S) No. 7290 of 2011, whereby and whereunder, the learned Single Judge has allowed the writ petition by setting aside the impugned order dated 08.09.2011 with a direction upon the respondent/appellant no. 2 to grant benefit of upgradation of E-1 Grade to the writ petitioner/respondent from the date of his juniors have been granted such benefit, i.e. 22.12.2010 and extend all consequential reliefs to the writ petitioner/respondent within eight weeks from the date of production of a copy of the order.
Facts:
2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, reads as under:
The writ-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 20.01.1984. 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 writ-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 writ 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. Vide office order dated 12.03.1997 (Annexure-5), which was also issued pursuant to letters issued by Coal India Limited, the writ petitioner was given notional seniority to the post of Foreman In-charge in T&S Grade A w.e.f. 17.8.1994. Thereafter, on the basis of recommendation of departmental promotion committee, the writ petitioner was promoted to the post of Foreman (I/C E&M in T&S Grade A-1) w.e.f 01.04.2005 notionally vide office order dated 29/30.07.2008 (Annexure-6).
Thereafter, 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 writ petitioner appeared at S. No. 326 and the writ petitioner’s technical qualification was mentioned to be diploma in automobile engineering and date of promotion in Grade A was mentioned as 17.08.1994. The said provisional seniority list was subsequently finalized and the writ petitioner’s name appeared at S. No. 305 in the gradation list. The name of one Rameshwar Goswami was at S. No. 309 of the final seniority list and the name of the writ petitioner appeared at S. No. 305 in the final seniority list and therefore, petitioner was senior to Rameshwar Goswami.
Thereafter, copy of the 255th meeting was obtained by the writ petitioner wherein the list of diploma holders who are stagnating in A/A-1 grade for career growth prepared by the BCCL. In the said list the name of the writ petitioner appeared at S. No. 48 and in the list prepared by CMPDIL for the purpose of career growth, the name of the writ petitioner appeared at S. No. 253.
Thereafter, vide letter dated 16.04.2010 issued by the Coal India Limited addressed to the subsidiary companies of the Coal India Limited including the BCCL, details of the employees was called for career growth of diploma holders which were stagnating in A/A-1 and in the said letter, it is mentioned that in the 255th meeting of the Board of Directors of CIL, proposal to upgrade all diploma holders of engineering discipline who are stagnating in T&S as one time arrangement was approved.
Vide office order dated 02.12.2010 in terms of the decision taken in the 255th meeting, several similarly situated employees were upgraded to the post of E-1 Grade wherein one Rameshwar Goswami and four others, n
