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2014 DIGILAW 647 (JHR)

Rajeshwar Singh v. Coal India Limited through its Chairman

2014-06-17

APARESH KUMAR SINGH

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Judgment : Heard counsel for the parties. 2. The petitioner is a Medical Officer under the Central Coalfields Limited (CCL) who was transferred by office order dated 27th September 2008 issued by the General Manager, CCL in pursuance of the Coal India Limited order dated 27th August 2008 from the post of Medical Superintendent (Specialist) in E-5 grade while posted at Gandhi Nagar Hospital, Ranchi with promotion to the post of Deputy Chief Medical Officer (Specialist) in M-1 grade. By the said office order, he was transferred from CCL to BCCL, Dhanbad and perusal of the order itself indicates that he was released from CCL with effect from 10th October 2008 to report to the CMD, BCCL, Dhanbad for further assignment. After issuance of the said order, it is the case of the petitioner that he has not been relieved all along and now by annexure-14 dated 04th April 2013 issued by the Coal India Limited, the petitioner is one of the officer who has also been promoted from E-6 grade Chief Medical Officer (Specialist) to E-7 grade and has been posted in the company indicated therein i.e. Eastern Coalfields Limited (ECL) 3. The grievance of the petitioner is that because of his non-relieving from his posting at Gandhi Nagar Hospital, Ranchi pursuant to the order at annexure-1 dated 27th September 2008, he is not able to get the benefits of the promoted post in view of the specific condition contained in clause-3 of the office order dated th April 2013 which stipulates that the promotion of the aforesaid Executives will be effective on and from the date they report to the respective company and assume charge of the higher post. This is the reason for the petitioner to approach this Court with a prayer that he be conferred the benefits of the higher post in terms of annexure-1 with effect from 27th September 2008 in view of the fact that despite his representations, some of which are annexed to the writ petition, he has not been relieved by the respondent CCL themselves. 4. Counsel for the CCL has however opposed the prayer of the petitioner. He has pointed out that the office order at annexure-1 dated 27th September 2008 itself stipulated that the promotion will be effective from the date he assumes charge on the higher post to be decided by the CMD, BCCL, Dhanbad. 4. Counsel for the CCL has however opposed the prayer of the petitioner. He has pointed out that the office order at annexure-1 dated 27th September 2008 itself stipulated that the promotion will be effective from the date he assumes charge on the higher post to be decided by the CMD, BCCL, Dhanbad. By the same order, he was released from CCL with effect from 10th October 2008 and apart from his representations, there are no other documents to show that the respondent had refused to relieve him. It is submitted by the learned counsel for the CCL in response to the contention of the petitioner that M-1 grade is equivalent to E-7 grade which are reflected in the promotion order at annexure-1 and annexure-14 respectively, that they are not the same and equivalent. He has also referred to different pay scales attached to the two grades as reflected in both promotion order. 5. Leaned counsel for the petitioner has tried to explain that administrative rearrangement has been made after issuance of annexure-1 whereby E-5 and E-6 grades have been again modified and E-7 grade has been made equivalent to M-1 grade. 6. I have heard learned counsel for the parties and gone through the relevant materials on record. A perusal of first order of promotion at annexure-1 itself shows that the petitioner was transferred from his parent company CCL to BCCL, Dhanbad on promotion to the post of Deputy Chief Medical Officer (Specialist) in M-1 grade and was also released from CCL on 10th October 2008 to report to CMD, BCCL, Dhanbad for further assignment. The said office order evidently contains stipulation that the promotion will be effective on and from the date he assumes charge of the higher post. After such a clear direction contained in the order of promotion itself issued in September 2008, petitioner is not justified in making a plea that he was not relieved from the CCL to join at BCCL, Dhanbad to assume charge. Representations apparently have been made on his part and he remained sitting over the matter. If at all, he was not being released, he never agitated the same before any Court of Law. Representations apparently have been made on his part and he remained sitting over the matter. If at all, he was not being released, he never agitated the same before any Court of Law. Office order dated 04th April 2013 (annexure-14) which is also a promotional order contains similar stipulation at clause-3 which is wholly understandable and reasonable in the circumstances that a person on promotion is supposed to get the benefits of the promoted post only upon assumption of charge of the higher post. The petitioner for any reason remained at the same place of posting in CCL and now, he has approached this Court challenging the stipulation which applies uniformly to all such Executives who are promoted from one grade to another. If the petitioner in his wisdom had chosen not to join on the promoted post, he is not entitled to claim the benefits of promoted post from anterior date i.e. 27th September 2008 as he claims to be. This Court is not satisfied that the petitioner has made out any case for interference in the writ petition, which is accordingly dismissed.