G. Shiva Veera Kumar v. Singareni Collieries Company Limited
2025-04-29
SUREPALLI NANDA
body2025
DigiLaw.ai
JUDGMENT : Heard Sri P.V.L.Bhanu Prakash, learned counsel appearing on behalf of the petitioners and Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondents. 2. The petitioners approached the Court seeking prayer as under: “….to issue any writ, order or direction more particularly one in the nature of WRIT of MANDAMUS declaring the action of the respondents in not considering as management Trainee/Executive Trainee and not promoting to the post of Sr. Estates Officer (E-3 Grade) from the date of completion of 1 year of service in E-2 Grade in terms of minutes approved Note No.CRP/PER/CN/14/676 dated 29.08.2014 of SCCL Management Board of the 1 st respondent and further not promoting us on par with other disciplines as arbitrary, illegal, bad in law, violative of Article 14 of the Constitution of India and consequently direct the respondents to promote the petitioners to the post of Sr. Estates Officer (E-3 Grade) on completion of 1 year of service in E-2 Grade and further promotions on par with other disciplines in terms of approved Note No. CRP/PER/CN/14/676 dated 29.08.2014 of SCCL Management of the 1 st respondent and further direct them to extend monetary benefit from the date of deemed appointment with all consequential and attendant benefits and pass such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.” 3. The case of the petitioners, in brief, is that the petitioners were appointed as Junior Estates Officers in the cadre of E-1 Grade in the year 2014 and later re-designated to E-2 Grade with retrospective effect from their initial appointment by providing all monetary benefits. As per the SCCL Board's approval on 22.02.2013 adopting the Coal India Limited Career Growth Plan, E-1 Grade was abolished and recruitment was to be made directly in E-2 Grade, with automatic promotion to E-3 Grade after one year. While this policy was implemented across other disciplines, the petitioners’ promotion to E-3 Grade was delayed despite multiple representations. Aggrieved by the same, the petitioners filed the present writ petition. PERUSED THE RECORD A) The relevant portion of the note vide Ref: No. CRP/PER/CN/14/676, dated 29.08.2014 issued by the respondent No.3 to The Singareni Collieries Company Limited Authorities is extracted hereunder “27.
Aggrieved by the same, the petitioners filed the present writ petition. PERUSED THE RECORD A) The relevant portion of the note vide Ref: No. CRP/PER/CN/14/676, dated 29.08.2014 issued by the respondent No.3 to The Singareni Collieries Company Limited Authorities is extracted hereunder “27. In view of the repeated representations from CMOAI/various Associations on this subject, it is requested to consider the issue and take a decision whether to: (A) Consider the appointment of executives of F&A, Legal, IED and Estates disciplines on rolls on or after 01.01.2007 as Trainee in E1/E2 grade, and place them in E-1/E-2 grades to E-2/E-3 grades from the date of their appointment/promotion to E-1/E2 grade or from the next date of promotion of their seniors whichever is later as one time measure as personal to them by allowing monetary benefit on and from 01.03.2013 (Annexure-II), i.e. the date from which executive Trainees were allowed monetary benefit”. B) The office order Ref.No.CRP/PER/C/1013/1277, dated 11.05.2013 has been issued by the respondent No.3 and the same is extracted hereunder: THE SINGARENI COLLIERIES COMPANY LIMITED (A Government Company) Ref:No.CRP/PER/C/013/1277 Kothagudem Collieries, Date: 11-5-2013. OFFICE ORDER Sub: Recruitment of Executive Trainees of all disciplines through open advertisement and through campus will be in E-2 Grade in 1 st year & subsequently placed in E-3 grade after successful completion of 1 year training -0- The Board of Directors of SCCL in its meeting held on 22.02.2013 at Hyderabad has approved modifications in Executives, Promotion/Recruitment Rules vide Minute No.511:5:21 as approved and implemented in CIL as under: 1. Recruitment of Executive Trainees in all disciplines (either through open advertisement or through Campus) will be in E-2 Grade in 1 st Year and they will be placed in E3 grade after successful completion of 1 year training. 2. Executive Trainees who are at present in E-1 grade or those Executive Trainees who have been appointed on or after 01.01.2007 would be deemed to have been appointed in E-2 grade and after successful completion of the requisite training. they would be placed/deemed to have been placed in E-3 grade and their pay will be appropriately fixed. 3. All those Executive Trainees who have been placed in E-2 Grade on successful completion of training between 01.01.2007 to till date will be placed in E-3 grade from the date they were placed in E-2 grade with appropriate pay fixation 4.
they would be placed/deemed to have been placed in E-3 grade and their pay will be appropriately fixed. 3. All those Executive Trainees who have been placed in E-2 Grade on successful completion of training between 01.01.2007 to till date will be placed in E-3 grade from the date they were placed in E-2 grade with appropriate pay fixation 4. No arrears will be paid on account of such re-gradation or notional fixation, 5. The service conditions of all existing Management Trainees on the rolls of the Company and working now in E1 grade or placed in E2 grade after successful completion of requisite training on or after 01.01.2007 be regulated accordingly. 6. All the provisions regarding recruitment, regularization/absorption/placement, closure of probation etc shall be amended as per the policy mentioned above The monetary benefit on account of such re-gradation will be effective from 1 st March, 2013. This issues with the approval of Competent Authority. GENERAL MANAGER (PERSONNEL) Cc: All Directors, Advisor (Forestry), ED. (Coal Movement), All CGMs/GMs/G.M.(Co-ordination)/G.M. (Corporate Affairs) & CS/Chiefs PM ERP-He is requested to arrange to implement the same as per the guidelines given above immediately and arrange to furnish a list of Trainees who are covered under the said guidelines to this office after implementation. AGM(Per)/RC-He is requested to arrange to incorporate necessary amendments in the Recruitment Rules immediately. PM.HR HYP-To follow up with PM ERP and ensure implementation of the above immediately. DISCUSSION AND CONCLUSION: 4. Learned counsel appearing on behalf of the petitioners submits that through various representations dated 23.01.2016, 23.11.2016, 23.07.2017, 25.02.2018, and 01.04.2019, the petitioners requested the respondent authorities to promote the Estates Officers recruited in 2014 through external sources on par with executives in the F&A, IED, Legal, and Personnel disciplines to the post of Senior Estates Officer Grade-E3. However, despite the multiple representations, the petitioners' case had not been considered as on date for promotion to the post of Senior Estates Officer Grade-E3, in accordance with the minutes approved vide note dated 29.08.2014 by the SCCL Management of Respondent No. 1. 5.
However, despite the multiple representations, the petitioners' case had not been considered as on date for promotion to the post of Senior Estates Officer Grade-E3, in accordance with the minutes approved vide note dated 29.08.2014 by the SCCL Management of Respondent No. 1. 5. Learned counsel appearing on behalf of the petitioners submits that the respondents have not taken any action on the various representations made by the petitioners, despite the clear office order dated 11.05.2013, which provides that the recruitment of Executive Trainees in all disciplines (either through open advertisement or through campus), will be in E-2 Grade in 1 st year and they will be placed in E-3 grade after successful completion of one year training. He further submits that there are clear minutes approved vide note dated 29.08.2014 by the SCCL Management of Respondent No. 1, which explicitly approved the resolution pertaining to the appointment of Executives in the F&A, IED, Legal, and Personnel disciplines on rolls on or after 01.01.2007 as Trainee in E1/E2 grade, and place them in E-1/E-2 grades to E-2/E-3 grades from the date of their appointment/promotion of their seniors whichever is later as one time measure as personal to them by allowing monetary benefit and from 01.03.2013 i.e., the date from which executive Trainees were allowed monetary benefit. However, despite the said resolution being approved by the Board of Directors vide note dated 29.08.2014, it has not been implemented as on date. Therefore, the petitioners are entitled to the relief as prayed for in the present writ petition. 6. The learned Standing Counsel for Singareni Collieries Company Limited, appearing on behalf of the respondents, does not dispute the Office Order dated 11.05.2013 (referred to and extracted above) and Clause 27-A in the minutes approved Note No. CRP/PER/CN/14/678 dated 29.08.2014 of the SCCL Management of Respondent No.1 (referred to and extracted above) and contends that the writ petition could be disposed of directing the respondents to consider the grievance of the petitioners, as put forth in the present writ petition, duly taking into consideration the Office Order dated 11.05.2013 and the terms of the approved minutes dated 29.08.2014 of the SCCL Management of Respondent No.1. 7. The learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Standing Counsel appearing on behalf of the respondents. 8.
7. The learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Standing Counsel appearing on behalf of the respondents. 8. Taking into consideration: a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioners and the learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondents, c) The Office order dated 11.05.2013 of the respondent No.3 (referred to and extracted above), d) The terms of the minutes approved note vide Ref: No.CRP/PER/CN/14/676, dated 29.08.2014 issued by the respondent No.3, in particular, Clause 27-A of the said resolution (referred to and extracted above), The writ petition is disposed of directing the respondents to consider the request of the petitioners as put-forth vide petitioners’ representations dated 23.01.2016, 23.11.2016, 23.07.2017, 25.02.2018, and 01.04.2019 for promotion to the post of Senior Estates Officer Grade-E3 by duly taking into consideration the office order dated 11.05.2013 and also the terms of minutes approved note vide Ref: No.CRP/PER/ CN/14/676, dated 29.08.2014 of the Singareni Collieries Company Limited of respondent No.1 and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order and duly communicate the decision on the representations of the petitioners to the petitioners herein. How ever, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.