Judgment S.J.Mukhopadhaya, J. 1. The petitioner who is an officer of E-2 grade of excavation discipline of Coal India Limited has challenged the order contained in memo No. 1634 dated 24th January/4th February 97 issued by Director (P & IR) Coal India Limited, whereby and whereunder his representation of promotion to E-3 and E-4 grades have been rejected. 2. The petitioner, admittedly holds diploma in Automobile Engineering. He was appointed on 1st December, 1972 and was confirmed as Assistant Engineer while the colliery was under the managment of private company. Services of petitioner was taken over on nationalisation of colliery in March, 73 and subsequently he was promoted to the E-2 grade with effect from 1st May, 1988. 3. The grievance of the petitioner is that though his name is appearing at serial 77 of the seniority list and a number of juniors having same qualification, have been promoted to E-3 and E-4 grade, the case of the petitioner was not considered for such promotion. 4. At this stage, it is to be taken into consideration that the petitioner was appointed in some other cadre. On his request cadre was changed to excavation discipline vide letter dated 19th January, 91. The petitioner earlier moved before this Court in CWJC No. 1598/95(R) for similar relief wherein this Court directed the 2nd respondent to re-consider the case of petitioner for promotion to E-3 grade and to dispose of the representation by a reasoned order. 5. On such remand the respondents considered the representation and rejected the claim vide impugned order dated 24th January/4th February, 97 on the ground that the petitioner does not possess the requisite diploma of three years course and thereby not eligible for promotion to E-3 grade. 6. Similar stand has been taken by respondents 4, 5 and 6 in their counter affidavit. However, no counter affidavit has been filed on behalf of respondents 1, 2 and 3. 7. To determine the question of elligibility for promotion to E-3 grade in excavation discipline, one should take into consideration the relevant rules/guidelines issued by CIL, from time to time. The circulars and guidelines have been compiled by the respondents in their manual commonly known as "common coal cadre and operation of executive establishment in Coal India Limited and its subsidiary companies", published in March, 1978. The circulars and guidelines have been compiled by the respondents in their manual commonly known as "common coal cadre and operation of executive establishment in Coal India Limited and its subsidiary companies", published in March, 1978. Criteria for promotion to E-3 grade has been laid down under clause 4.8 read with Appendix IV (2)-2 as quoted hereudner. 4.8. Criteria for promotion. (1) "The criteria for promotion from the grade to another upto the level of E-3 grade would be seniority-cum- merit. If, however, no established seniority is available in the grade of E-1, E-2 and E-3, the concerned DPC will determine the merit inter-se amongst those found suitable which will form the basis for promotion and also for evolving seniority in the promoted grade". Appendix IV(2)-2-Civil/Electrical & Mechanical/Excavation Discipline cumstances, for the purpose of promotion to next higher E-3 grade, now it is not SI. No. Designation Grade Promotion Remarks Minimum Qualification Minimum Exd. a b c d e f 3. Engineer E-2 recognised relevant diploma of 3 yrs. duration. 7yrs post qualification exp. out of which minimum of 3 yrs must be in the tech, & Supr. Gr.A. 4. Executive Engineer E-3 1. Recognised Degree in the relevant branch of Engg. 3 yrs as Engineer in the next below grade. 2. recognised Dip. of 3 yrs Duration 3 yrs. as Engineer. 8. Subsequently vide memo No.2066 dated 29th March,83 it has again been made clear that for promotion to E-1 to E-5 grade in the excavation discipline the principle of seniority cum merit is to be followed. 9. From the guidelines/circular aforesaid it will be evident that same qualification has been laid down for promotion to both E-2 and E-3 grades, so far it relates to diploma holders. Admittedly, on the basis of diploma as being possessed by the petitioner he was promoted to E-2 grade. It was accepted as a requisite qualification (diploma) for promotion to the feeder post of E-2 grade. In the aforesaid circumstances, for promotion to the next higher E-3 grade, where same qualification has been laid down, it is not open to respondents to discard the same diploma, which the petitioner holds. 10. In this context one may refer to clause 4.7 of the common coall cadre guideline. In the aforesaid circumstances, for promotion to the next higher E-3 grade, where same qualification has been laid down, it is not open to respondents to discard the same diploma, which the petitioner holds. 10. In this context one may refer to clause 4.7 of the common coall cadre guideline. Under sub-clause (e) of the clause 4.7 provision has been made for relaxation of both the minimum length of service as also the minimum qualification by cadre controlling authority. The petitioner having already promoted to E-2 grade w.e.f. 1st May, 88 on the basis of diploma in question, even if it was not of a duration of 3 years, the minimum qualification will be deemed to have been relaxed by the competent authority in terms with guideline aforesaid. In the ciropen to the respondents to raise the same question relating to duration of course for obtaining the diploma, same qualification, having laid down; for the feeder post. It is also not open to them to raise the question relating to legality of promotion to lower E-2 grade, by way of filing counter-affidavit. 11. It has also not been disputed by the respondents that persons having same diploma have already been promoted to E-3 grade. In aforesaid circumstances, the claim of the 5th respondent that the petitioner was inadvertently promoted to E-2 grade cannot be accepted and such objection is rejected. 12. On the facts and circumstances, and for the reasons as stated above, I set aside the impugned order dated 24th January/4th February 1997 and remit the matter to the 2nd respondent for re-consideration of case of petitioner for promotion to E-3 grade from his due date from the date junior, if any, was so promoted, without raising any question relating to the standard of diploma the petitioner possess. Decision be taken and communicated to the petitioner within a period of three months from the date of receipt/production of a copy of this order. The writ petition stands disposed of with aforesaid observations and directions.