✦ High Court of India · 29 Apr 2025

High Court · 2025

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Bench
Not available
Length
2,354 words

Petition rJrJe:r Section 151 cpc praying that in the circrmslances stated in the affidavit fir.d ir'' s upport of the petition, the High cc,urt nay be preased to direct the 2nd ,,nj 3rcj respondents to consider my rep.eseltations dated - t2(. 6, 23t07t2O17, 2sto2t2o1B and 01 tO4i2a19. 23101 12016, 23t 1 Counsel for the petilir:ners : SRI p.V.L.BHANU PRAKASH 9:yS1J:l the Reslx>ndents : SRt p.SRt HARSHA REDDy (sC Fr)R SINGARENI CoLt.tE,tilES CO.LTD) The Court made tihe t,llowing ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA w RIT PETITIO NN o.75 o6 ot 202L 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 collieriesCompanyLimitedappearingonbehalfofthe resPondents' 2 The tlo n p o h eCourt seeki no Draver asu n er: "....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/t4/676 dated 29.OB.2O!4 of SCCL Management Board of the l't 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 to the post of Sr. Estates Officer (E-3 petitioners completion oF l year of service in E-2 Grade) on 2 SN,J 'V. P N o.7506 2021 - Gr,:ce and further promotions on par wi:h oth er disci:tlir r:s in terms of approved Nc te No. CRPT og' \lCN/74/676 dated 29.OB.2Or,t cf I:;CCL Man;r9,3.11sn1 of the 1.t respondent and furth:r direct therr tr extend monetary benefit from the date of dee,merj appointment with all consequential and atton(Jall, beneFits and pass such other relie,, or reli,lf,,; ,l j this Hon,ble Court deems fit and p-ope,r in the ci-cL rnstances of the case.,,

3. Thr: cil i3 petitioners n,r I re of the petitioners, in brief, i:; ti,at the appointed as Junior Estates Offi,lers in the cadre of t:- . ,irade in the year 2014 and later r€r_designated E-2 Gra jer n, ith retrospective effect from their initial appointmitrt Irv providing all monetary benefits. r\s f:er the SCCL BoarC's ttproval on 22.02.20t3 adopting the Co..l India Limited Car:r:' Growth pran, E-1 Grade was aborisherd and recruitment vvts to be made direcily in E_2 Grade with automatic prorrotion to E_3 Grade after one year. Whi e this policy w.rs ir)plemented across other disciptines the petitioners' Dr-orrlotion to E_3 Grade was delaye I d,:soite multiple rer)r3sentations. Aggrieved by the same, the petitioners fii:rl the present writ petition. I 3 SN,J W.P.No.7i06 2021 PER.USE DTH E RECORD A) RP The releva nt Do ion of then te vide Ref: No. .20 4a 29 b d t4 6 P R c n ent No.3 The Co Limi Au ex r ct "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 EI/EZ grade, and place them in E-1./E-2 grades to E-2/E-3 grades from the date of their appointment/promotion lo E-L/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 behefit"' B) o er f.N RP PE c 1

11.O 2013 has b L2 7 N d THE NGA NIC LLI RIES o PA LIMITE (A Government ComPanY) 4 SN,J $1 P.No 7,s06 2021 - Ref : No. CR['/P lRl Cl 0 L3 I 1277 Kothaguderr Cr,llieries, Date: 11- r-2013. OFFICE ER !i t:: Recruitment of Executive Trainees of itll disciplines through open adverti!;em:lnt and through campus will be in E-2 (lrade in 1't year & subsequently placed ir E-:i grilde after successful completion of 1 year lraining -0- Th': 3o:rd of Directors of SCCL in its nreet ng held on 22.02.2C7 .l rt Hyderabad has approved modi'icat ions in Executiv(ls']-omotion/Recruitment Rules vide vlinttte No. 511:5:2r- ;,rs;trlproved and implemented in CIL as ttnde r: 1. Recru i tnlent of Exeeutive Trainees in all dist::iplines (either thrgc-sh in g-2 Grade in 1't Year a nd tlrev.will be Cam u wi'l rof l vear Dlaced in E:3 training th r ouq h oDen ertisement or --ainees who are at present in E-1 gra,de )r those 2. Executive Executiv: Tr- linees who have been appointed rln 'lr after 01,01.2Cr0 7 vt'tuld be deemed to have been appolnteri in E-2 grade ard al'ter successful completion of the requisite training. [hey would ll,: placed/deemed to have been placed in E-3 grade ard tl-rr:ir pay will be appropriately fixed.

3. All thcse l:'(ecutive Trainees who have been placerl in E-2 Grade or successful completion of tra nint; l:etween 01.01.2()07 tc till date will be placed in E-3 grade f 'om the date the:y w:re placed in E-2 grade with apprlpriate pay fixation

4. No arrear: will be paid on account of such re-llradation or notiona I Fi!at ()n, 5 SN,J W,P-No.7506 2021 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' the Provisions regarding 6. All regularization/ absorption/placement, probataon etc shall be amended as per mentioned above. recru itment, closure of the policy The monetary beneFit on account of such re-gradation will be effective from l't March, 2013. This issues with the approval of Competent Authority' GENERAL MANA G ER (PE RSONN EL) 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 n"."itury amendments in the Recruitment Rules immediately' PM.HR HYP-To follow up with PM ERP and ensure implementation of the above immediately' 6 SN,J w.P No.7506 2021 - plscusis:[ ON ND CON L ON:

4. [.earre d counsel appearing on behalf ,tf tlre fretitioners submits tf at through various representation j dated 23.01.2t)13, 23.11.201.6, 23.O'7.2017, 25.0)_.2078, and 01.04.2tr1(1 , the petitioners requested the r€rspondent authofltit)s : ) promote the Estates Officers recrrritec: in 2OI4 through ,lxt€rrnal sources on par with executivesr in the F&A, IED, L,r-o a l, and personnel disciplines to the post )f Senior Estates fl'1i(ler Grade-E3. However, despite ihe multiple repres€n1,a1.rcns, the petitioners,case had not been cr,nsidered as on 0ar.e lc r promotion to the post of Senicrr Esrtat(,s Officer Grade-l:3. rr accordance with the minutes approved vide note dated ,19 0€.2014 by the SCCL Managemenr of Re:,;pondent No. 1.

5. Learn€c counsel appearing on behalf of th(r p€,titioners submits th.rr the respondents have not taken arry a:tion on the variot. s ..lpresentations made by the pet tioners, despite the clear tff (e order dated 11.05.2013, which p-oviJes that the recruilnr:rt of Executive Trainees in all discip,ine:, (either through o tr: I advertisement or through campus), w Il be in 7 SN,J W.P.No.7506 2021 E-2 Grade in 1't 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 29.08.201,4 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 E7/E2 grade, and place them in E-L/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 - 8 SN,J W P \o 7506 2021 Clause ir-7-A in the minutes approved Note No, CRP/PER/CN/L4/67A dated 29.O8.201.4 or flie SCCL Management of Respondent No.1 (referned to and extracted above) and contends that the vvrit petition could tre rJisposed of directing the resp oncjlents to consider tlre grievance of the petitioners, as pul. forth in the pres;ernt writ petition, duly taking into consirleration the Offirle Crrder dated 11.05.2013 and the terrts of the approved minutes dated Zg.OB.ZOL4 of the SCCL Managemr:nt of Respondent No.1.

7. The l,:arned counsel appearing on behall, of the petitioner Joes not dispute the said submi:;sion made by the lerarrred Standing Counsel appearing on b,ehalf of the respon rlents.

8. Tatrnf r into considera ron: a) T'h,e aforesaid facts and circumstances of the C a $1:, b) Thr-' submissions made by the learnr:d r::ounsel appearing on behalf of the petitioners and the learned Standing Counsel for Sinrgareni 9 SN,J W.P.No.7506 2021 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), a; The terms of the minutes approved note vide No.CRP/PER /CN/14/676, Ref: 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 2g.oL.2o t6, 23.tL.2O L6, 23.07.2O L7, 25.O2. 2O1 8, and O1.04.2019 for promotion to the post of Senior Estates Officer Grade-E3 by duly taking into consideration the office order dated 11.O5.2O13 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) t0 SN.J W P No 7506 2021 - weeks f rom the date of receipt of a copy of this order and duly communicate the decision on the represen :ittions of the petitioners to th e p etitioners herein, l{owever, there shall be no order as to r:osts. l"'1 s,::llaneous petitions, iF any, pendinc in this writ petition, srlr;r ll stand closed. //TRUE COPY// SD/. A.H.S. Gif,WRI SHANKAR 4sStISTA"lT REGTSTRAR SECTION OFFICER Ill19j.1,'T: I, 91.,Y1l3qino. Director, Singareni Grtrieries oompany Limited, 5rngar(rn br avan. Khairtabad. Hyderabad. The Drrer:tor )A and W, Singarehi trllieries_Company l.imit:d, Kothagudem Collieri,)s Kr thagudem, Khammam Oistrict, feLn|rinl Il?,^c-,._l,,l.l l/glrsgl (personat), Executive esGnliinrn,:nt r:jinsareni uollert{)s U,t lpany Limited,. Kothagudem, Khammam D stric,., T"elangana. One CO t.r tlil p.V.L.BHANU PRA-KASH, AOvocate IOFUCI 9lu g!; t,r [] 1 p.sRt HARSHA REDDY 1SC ron srr.itARE\t COLLTERTES CO.LTt)),\cl,'6cate tOPUCI Two C[) ( ot] €,s To 1 2 3 4 5 6 SA GJP -<a'l /.r.i r-. E ,I g IUt,l TM o( Z o { /'l HIGH COLIFII DATED:29 t(t,412025 ORDER WP.No.7506 ot 2021 DISPOSING 0F THE W.P WITHOUT CCISTS. r1[ 6lN

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