Cont.P.No.1396 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 04.09.2023

Pronounced on : 21.12.2023

CORAM:

THE HON'BLE MR. JUSTICE R.SURESH KUMAR

and

THE HON'BLE MR.JUSTICE K.KUMARESH BABU

Cont.P.No.1396 of 2021

in W.A.No.731 of 1999

Arul Anand

..... Petitioner

Vs.

1. Mr.D.D.Misra

The Director (Human Resources)

ONGC, Corporate Establishment,

Green Hills, Tel Bhavan,

Dehradun - 248 003.

2. Mr.M.V.Cherian

The General Manager (P&A),

Southern Region, Business Centre,

Oil and Natural Gas Corporation,

Thalamuthu Natarajan Building,

Egmore, Chennai - 600 008.

..... Respondents

Prayer : Contempt Petition filed under Section 11 of the Contempt of

Courts Act, 1971, to punish the respondents for deliberately and wilfully

disobeying the order of this Court dated 10.12.2003 in W.A.No.731 of

1999.

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Cont.P.No.1396 of 2021

For Petitioner : Mr.N.G.R Prasad

for Mr.Govardhanan

M/s. Row and Reddy

For Respondents : Mr.R.Vijay Narayan, Senior Counsel

for Mr.Mohammed Fayaz Ali

ORDER

R.SURESH KUMAR, J

This Contempt Petition has been filed seeking to punish the

respondents under Section 11 of the Contempt of Courts Act, 1971, for

deliberate and wilfull disobeying the orders of this Court, dated 10.12.2003

in W.A.No.731 of 1999.

2. The brief facts leading to filing of this contempt petition reads thus:

(i) that the petitioner Arul Anand was selected as Assistant Marine

Radio Operator in the respondent organisation, namely Oil and Natural Gas

Corporation (in short "ONGC") and he joined duty on 09.01.1985. At that

time, a policy decision was taken by the respondent organisation that, those

employees in the pay scale of Rs.725-1480 who have rendered minimum of

one year of service in that pay scale as on 31.12.1985 may be considered for

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Cont.P.No.1396 of 2021

appointment by selection in the post in the pay scale of Rs.1030-2000 in

their respective disciplines with effect from 01.01.1986. This decision in fact

has been taken by the respondent organisation only on 03.01.1989, by

which time, the petitioner had already put in about four years of service.

With regard to the counting of one year qualifying service for the purpose of

getting promotion as per the policy decision taken on 03.01.1989, on

17.02.1989, a decision has been taken regarding the counting of qualifying

service for the purpose of promotion in respect of the direct recruits like the

petitioner.

(ii) Even though orders are passed for appointment by way of direct

recruitment before December of that year, based on the vacancy, somebody

would have immediately joined, somebody would join later because the

joining time is given 45 days. Therefore if at all those who joined prior to

31st December would complete one year period on 31st December of next

year, however some of them who would join in January or even February

might not have fulfilled the one year qualification to get promotion as per the

policy decision taken on 03.01.1989.

(iii) However, since 45 days joining time is given, that can also be

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Cont.P.No.1396 of 2021

taken into account. Therefore within the 45 days, if any one joined, the

remaining period, i.e., the period short of fulfilling the one year duration till

31st December of the next year would be calculated and accordingly, such

promotion benefit would be extended.

(iv) However, in this context, insofar as the petitioner is concerned,

such a promotion, after one year completion as on 01.01.1986 has been

denied from the level of Assistant Marine Radio Operator into Marine Radio

Operator (E0). The reason being for such rejection is, simultaneously

another policy decision was taken where some conditions was imposed,

thereby the first condi