HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.1357 of 2020

ORDER:

Heard Sri Ch. Venkat Raman, learned counsel appearing on behalf of the petitioners and Sri. P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Ltd, appearing on behalf of the respondents 1 to 4.

2. The petitioners filed the writ petition seeking the following relief “to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, and by declaring the action of the Respondents in not promoting the Petitioners to the E-3 Grade, and later to the E-4 grade with retrospective seniority and other monetary benefits as per the resolution of board of directors of the Respondent Company dated 22.02.2013 as stated in office Memorandum dated 11-05-2013 is illegal, arbitrary and consequently direct the Respondents to promote the Petitioners to E-3 Grade Senior Under Managers with a protection of seniority and extending all other monetary benefits and pass”.

3. The case of the petitioners, in brief as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present writ petition is that the petitioners 1 to 20 joined in the Respondent Company and thereafter they have been appointed as an Executive Cadre. The Respondent Company also recruited Management Trainees in E2 Grade as MGT’s and later they were promoted to E3 Grade as Senior Under Manager. On 22.02.2013 the Respondent Company has taken a resolution to follow the procedure adopted in Coal India Limited regarding modifications in Executive promotions/ Recruitment rules. The petitioners further submit that the Respondent Company is not promoting them along with the external candidates and showing discrimination though they are equally qualified on par with them. The petitioners made representations dated 06.02.2018, 02.04.2019, 03.04.2019, and 08.05.2019 to the Respondent Company requesting to adopt earlier policy as that of Coal India Limited and also to extend the same benefits to them but the Respondent Company has not taken any decision on the said representations. Aggrieved thereby, the petitioners approached this Court by filing the present writ petition.

4. It is further the specific case of the petitioners that the Respondent Company through its Board of Directors meeting held on 22-02-2013 had taken a resolution to follow the same procedure as adopted in Coal India Limited regarding modifications in Executive promotions/Recruitment rules and to implement the same in the Respondent company. It is further the case of the petitioners that the modifications adopted by the respondent’s company in its meeting held on 22.02.2013 are as under’;

a) Recruitment of Executives trainees in all disciplines (either through open advertisement or through campus) will be in E2 Grade in 1^st year and they will be placed in E3 grade after successful completion of 1 year training b) Executive Trainees who are at present in E1 grade or those Executive Trainees who have been appointed on or after 01.01.2007 would be deemed to have been appointed in E2 grade and after successful completion of the requisite training they would be placed/ deemed to have been placed in E3 grade and their pay will be appropriately fixed Learned counsel appearing on behalf of the petitioners submits that the Respondent Company is not permitting the petitioners to E3 Grade and later E4 Grade with retrospective seniority and other monetary benefits as per the Respondent Company own resolution at the Board of Directors meeting held on 22.02.2013 as stated in the Office Memorandum dated 11.05.2013 and aggrieved by the same the petitioners approached the Court by filing the present writ petition after submitting the representations dated 06.02.2018, 02.04.2019, 03.04.2019 and 08.05.2019 to the respondents herein requesting the respondents to permit the petitioners to E- 3 Grade Senior under Managers with protection of seniority and extending all other mo