THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.9914 OF 2017

ORDER

This Writ Petition is filed seeking the following relief:

“…to issue any appropriate order or orders direction or directions particularly one in the nature of Writ Of Mandamus declaring the inaction of the respondents 1 to 4 (i) for not issuing the proceedings promoting the Petitioner as pathologist/specialist as an internal candidate from the cadre of General Duty Medical Officer by not promoting the Petitioner for Specialist (Pathologist) cadre despite the Respondents using services of the Petitioner in a vacant post of pathology / specialist from 16.05.2007 after completing the post graduation even approved note file order dated 30.12.2014 and competed DPC dated 05.03.2019 (ii) in not modifying the study Leave from date of last working day w.e.f. 05.04.2003 and in not rectifying the anomalies in E3 thereby and further maintenance of Inter-se-seniority; and (iii) not upgrading the Petitioner to Grade in E7 as per CIL Promotion Rules (2:1:1) i.e., Specialist : MBBS with Hospital administration MBBS with Specialty pursuant to the petitioner already fulfilling the eligible criteria in E6 grade GDMO as illegal, arbitrary and violative of principles of natural justice, etc., and consequently direct the Respondents to and direct the Respondents Nos.1 to 4 (i) issue proceedings in pursuant to the Note File order of the departmental promotion committee dated 30.12.2014 and completed DPC on 05.03.2019 whereby the proposal for promotion of the petitioner as pathologist/specialist is approved as per the company rules and further to issue the proceedings promoting the Petitioner as pathologist/specialist as an internal candidate from the cadre of General Duty Medical Officer from 16.05.2007 as per Rules, (ii) to promote to his entitled grade in specialty; (iii) to modify the study Leave from date of last working day w.e.f.05.04.2003 and to rectify the anomalies in E3 and further maintenance of Inter-se-seniority; and (iv) to upgrade the Petitioner to Grade in E7 as per CIL Promotion Rules (2:1:1) i.e., Specialist : MBBS with Hospital administration : MBBS with Specialty pursuant to the petitioner already fulfilling the eligible criteria in E6 grade GDMO and to provide all the service benefits attached to the post such as specialist cadre with effect from 16.5.2007, monetary benefits, fitment benefits specialist/pathologist general allowance etc retrospectively in the interest of justice and fair play pending disposal of the above Writ Petition and grant such other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case. Prayer is amended as per C.O. dt. 16/06/2023 in IA 01/2022 (i) declaring the action of Respondent 1 to 4 in not following in-service rules of the organization and not following Rule Of Reservation and in not following Roster system in April 2012 while going for external recruitment notification and in not promoting the Petitioner who is entitled for selection as a pathologist / specialist cadre (E3) Grade in the scale of RS.60,000/- to RS.1,80,000/- to maintain inter seniority fix above to Dr.K. Narayana Reddy E.C.No.0052691 specialist / pathologist E6 as illegal, arbitrary; (ii) declaring the action of Respondent 1 to 4 in not conducting Departmental Promotion Committee (DPC) pursuant to the Note file approved by Board and in not promoting petitioner to E6/E4 with effect from 30.12.2014 in the interest of justice and fair play, pending disposal of the above Writ Petition and grant such other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. Heard Mr. N.V.Anantha Krishna, learned counsel for the petitioner, and Mr. P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited (SCCL) appears for respondent Nos.1 to 4.

3. Brief facts:

Petitioner is M.B.B.S, M.D. (Pathology), Dip.

Diabetology, Dip. Family Health and has P.G. Certificat