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2025 Supreme(Telangana) 519
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
G. Shiva Veera Kumar - Appellant
Vs.
The Singareni Collieries Company Limited - Respondent
Writ Petition No.7506 of 2021
Decided on : 29-04-2025
Advocate Appeared:
For the Appellant : P V L BHANU PRAKASH
For the Respondent: P SRI HARSHA REDDY SC FOR SINGARENI COLLIERIES CO.LTD
Management authorities must consider internal policy and past representations in promotion decisions, ensuring compliance with constitutional mandates of equality.
Headnote:(A) Constitution of India - Article 14 - Promotion and Recruitment Policies - Petitioners sought a writ of Mandamus for promotion as Sr. Estates Officer (E-3) after one year in E-2 Grade, citing management policies as arbitrary and violative of equality. (Paras 2, 3, 6, 8)
(B) Administrative Discretion - The court recognized respondents' administrative discretion but mandated consideration of petitioners' multiple representations based on existing office orders and approved management notes. (Paras 4, 5, 6)
Facts of the case:
Petitioners were appointed as Junior Estates Officers in 2014 and sought promotion to E-3 Grade after one year based on management policies, which were implemented in other disciplines without their inclusion.
Findings of Court:
The writ petition was disposed directing respondents to consider the petitioners' request for promotion by evaluating their representations per the stipulated time frame.
Issues: The court addressed whether the failure to promote petitioners in accordance with management policies constituted a violation of Article 14.
Ratio Decidendi: The court stressed administrative responsibility to address the promotion requests in light of existing orders, mandating action within four weeks of the judgment.
Result: Writ petition disposed of with directions.
| Table of Content |
|---|
| 1. petitioners' promotion request based on policy. (Para 2 , 3) |
| 2. failure to consider petitions for promotion. (Para 4 , 5) |
| 3. acknowledgment of office orders and management resolutions. (Para 6) |
| 4. court directs respondents to reconsider promotions. (Para 7 , 8) |
JUDGMENT :
Heard Sri P.V.L.Bhanu Prakash, learned counsel appearing on behalf of the petitioners and Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondents.
2. The petitioners approached the Court seeking prayer as under:
“….to issue any writ, order or direction more particularly one in the nature of WRIT of MANDAMUS declaring the action of the respondents in not considering as management Trainee/Executive Trainee and not promoting to the post of Sr. Estates Officer (E-3 Grade) from the date of completion of 1 year of service in E-2 Grade in terms of minutes approved Note No.CRP/PER/CN/14/676 dated 29.08.2014 of SCCL Management Board of the 1st respondent and further not promoting us on par with other disciplines as arbitrary, illegal, bad in law, violative of Article 14 of the Constitution of India and consequently direct the respondents to promote the petitioners to the post of Sr. Estates Officer (E-3 Grade) on completion of 1 year of service in E-2 Grade and further promotions on par with other disciplines in terms of approved Note No. CRP/PER/CN/14/676 dated 29.08.2014 of SCCL Management of the 1st respondent and further direct them to extend monetary benefit from the date of deemed appointment with all consequential and attendant benefits and pass such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.”
3. The case of the petitioners, in brief, is that the petitioners were appointed as Junior Estates Officers in the cadre of E-1 Grade in the year 2014 and later re-designated to E-2 Grade with retrospective effect from their initial appointment by providing all monetary benefits. As per the SCCL Board's approval on 22.02.2013 adopting the Coal India Limited Career Growth Plan, E-1 Grade was abolished and recruitment was to be made directly in E-2 Grade, with automatic promotion to E-3 Grade after one year. While this policy was implemented across other disciplines, the petitioners’ promotion to E-3 Grade was delayed despite multiple representations. Aggrieved by the same, the petitioners filed the present writ petition.
PERUSED THE RECORD
A) The relevant portion of the note vide Ref: No. CRP/PER/CN/14/676, dated 29.08.2014 issued by the respondent No.3 to The Singareni Collieries Company Limited Authorities is extracted hereunder
“27. In view of the repeated representations from CMOAI/various Associations on this subject, it is requested to consider the issue and take a decision whether to:
(A) Consider the appointment of executives of F&A, Legal, IED and Estates disciplines on rolls on or after 01.01.2007 as Trainee in E1/E2 grade, and place them in E-1/E-2 grades to E-2/E-3 grades from the date of their appointment/promotion to E-1/E2 grade or from the next date of promotion of their seniors whichever is later as one time measure as personal to them by allowing monetary benefit on and from 01.03.2013 (Annexure-II), i.e. the date from which executive Trainees were allowed monetary benefit”.
B) The office order Ref.No.CRP/PER/C/1013/1277, dated 11.05.2013 has been issued by the respondent No.3 and the same is extracted hereunder:
THE SINGARENI COLLIERIES COMPANY LIMITED
(A Government Company)
Ref:No.CRP/PER/C/013/1277
Kothagudem Collieries,
Date: 11-5-2013.
OFFICE ORDER
Sub: Recruitment of Executive Trainees of all disciplines through open advertisement and through campus will be in E-2 Grade in 1st year & subsequently placed in E-3 grade after successful completion of 1 year training
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The Board of Directors of SCCL in its meeting held on 22.02.2013 at Hyderabad has approved modifications in Executives, Promotion/Recruitment Rules vide Minute
