Research › Search › Judgment

Jharkhand High Court · body

2025 DIGILAW 330 (JHR)

Birendra Pandit S/o Late Jagdish Pandit v. Bharat Coking Coal Ltd.

2025-02-07

ANANDA SEN

body2025
JUDGMENT : ANANDA SEN, J. 1. Heard learned counsel representing the petitioner and learned counsel representing the respondent-BCCL. 2. By way of filing this writ petition, the petitioner has sought for following reliefs:- “I. For regularize the service of the petitioner on sanctioned and vacant post of Clerk Grade-III as he has been engaged by the respondents on the said post since his date of appointment i.e. 09-04-2018 on the basis of his educational qualification - Graduate in Arts. II. For decide the pending representation contained in Annexure-5 of the instant writ petition commensurate with the qualification of the petitioner after giving an opportunity of being heard to him.” 3. The facts are admitted in this case. 4. The petitioner was appointed on compassionate ground on the post of Trainee, Cat-I (Surface). The appointment letter has been brought on record by the respondent-BCCL vide Annexure-A to the counter affidavit, which reveals that the petitioner was appointed on the post of Trainee on initial basic wages (only) of Cat-I (Surface) for a period of six months and after completion of statutory training, he will be regularized in the pay scale of Cat-I (Surface). He has been regularized as General Mazdoor Cat-1 vide Office Order w.e.f. 08.10.2018. 5. The petitioner claims that he should be appointed as a Clerk Grade-III, as he is a Graduate in terms of Implementation Instruction No.29 of the respondents. The Implementation Instruction No.29 is in two clauses. It is necessary to quote Clause (a) and Clause (b) of the Implementation Instruction No.29, which are hereunder:- “a) Matriculates will be appointed as Trainees for different trades keeping in view the requirement of manpower, educational qualification and aptitude of the incumbents. The training will be for a period of one year during which period they will be placed in Category-I. After successful completion of training, they will be placed in regular category/scale of pay of the job. b) For clerical jobs, Matriculation will be the minimum qualification. However, if Graduates are available, they will be preferred for clerical jobs. Initially for one year the candidates selected for clerical jobs will be given Category-I wages because during this period practically they would be taking on-the-job training. After successful completion of one year, they will be regularised as Clerk Grade-III.” 6. Admittedly, the petitioner was appointed as Trainee, Cat-I (Surface) and not as Clerk Grade-III. Initially for one year the candidates selected for clerical jobs will be given Category-I wages because during this period practically they would be taking on-the-job training. After successful completion of one year, they will be regularised as Clerk Grade-III.” 6. Admittedly, the petitioner was appointed as Trainee, Cat-I (Surface) and not as Clerk Grade-III. This fact is evident from the appointment letter itself. 7. This Court in W.P. (S) No. 7093 of 2016 (Pranav Kumar Vs. The Chairman, Coal India Limited & Ors.), has dealt with the similar matter and had come to a conclusion that the educational qualification is not the criteria to get the wages, rather it is the letter of appointment and the post on which the person is appointed which are important in respect of the pay scale which the employee will get. 8. In this case, admittedly the petitioner was appointed as Trainee, Cat-I (Surface) and not as a Clerk Grade-III. Though, the petitioner was a Graduate at the time of appointment but he was not chosen as Clerk Grade-III, rather he was offered the employment of Trainee, Cat-I (Surface), which he had accepted. Further, once the petitioner has accepted this appointment letter, he cannot thereafter backtrack, claiming higher grade after accepting the offer of appointment in a particular post. 9. Admittedly, when the petitioner has not been appointed as Clerk Grade-III, he cannot claim the scale of Clerk Grade-III. 10. Accordingly, this writ petition stands dismissed.