SIVIT.P.A.LALITHA KUMARI v. '1 . The Coal lvlines Provident Fund Organization

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus declaring action of the Respondents in not granting 3rd Financial Up gradation under modified Assured Progression Scheme entitled from O1/09/2008 discriminating the Petitioner from the other employees who had received 3rd Financial Up gradation as illegal, arbitrary, unjust, violative of principles of natural justice and consequently direct the Respondents to grant 3rd Financial up gradation under tt/odified Assured Progression Scheme entitled from 01/09/2008. l.A.NO:1 OF 2021 Petition Uncer section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to grant 3rd Financrar up gracration under Modified Assured Progression scheme entitled from ol logl2o0g forthwith by consrdering the presentation o.' the petitroner dated 10/05/202'r , pendieg disposal of the writ petition Counsel for the Petitioner : SRI V.V.S.SATYANARAYANA lgunsel for the Respondents : SRr B.JTTHENDER (sc FoR cENTRAL Govr. couNSEL) The Court made the following ORDER HON,BLE MRS. JUSTICE SUREPALLI NANDA WRITPETITIONN o.23 70 OF 202L apPearing ORDER: Heard Sri V-V.S.Satyanarayana' learned counsel petitioner and Sri Counsel for Central on behalf of the learned Standing B.Jithender, Government aPPearlng on behatf of the resPondents' 2 h iti n a J DTaverasu nder: e th s e "....to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus declaring action of the Respondents in gradation under not granting 3'd Financial UP Scheme entitled modified Assured Prog ression from 01-09-2008 discriminating the Petitioner from the other employees who had received 3'd Financial Up gradation as illegal, arbitrary' unjust' violative consequentlY of principles of natural iustice and direct the Respondents to grant 3'd g radation under Modified Assured Scheme entitled from 01-09-2008 and pass" Financial uP Progression "' 2 B,--@' \. trrrr SN,J W.P.No.23170 of 2021 ..1.' 3 Th a er f s a s o o t t e ti o er r1 t r e e ffi a fit d e on r n Wri P nls s f i) The petitioner was appointed in the Coal Mines Provident Fund Organization (cMPFO) on 09.02.1976 as LDC, promoted as UDC on 06.12.1985, granted 2nd financial upgradatior on 02.05.2000, promoted as Assistant on 03.05.2006 and retired on 31.08.2013 on superannuation. ii) The Government of India introduced Assured Career Progression (ACp) Scheme vide O.M. dated 09_08_1999 providing 1t1 and 2nd financial upgradations after 12 and 24 respectively. The Scheme was revised as Career prog ression (MACP) years of service Modified Assured Scheme vide fin a ncia I O.M. dated 19.05.2009 granting 3.d after 10, 20 and 30 years of service The Petirioner had completed 3C years of service by 09.02.2006 ancr thus, petitioner is entiiled to the 3 financial upgradations w.e.f 01.09.2008 upgradation iii) Despite severar representations from 2015 to 2020 and a legal notice dated 10.05.2021, the Respondents failed r*r t- _p4.r.::-_g :,.']'{;'..;:. y - 3 5N,l W.P.No.23170 of 2021 to sanction the 3'd Financial upgradation' Aggrieved by the same, the petitioner has filed the present writ petition' Learned counsel appearing on behalf of the petitioner 4. submits that inspite of the petitioner's detailed representation dated 10.05.2021 addressed to the respondents herein, seeking grant of 3'd Financial Upgradation to the petltioner under the Modified Assured Career Progression Scheme with effect from 01'09'2008' the respondents have not considered the same till date' and hence the petitioner is entitled to the relief as prayed for in the present writ Petition.

5. Learned counsel further submits that one Smt' N.Sandhya Kumari approached this Court by filing W'P' No' L7l2 of 2020 seeking a similar relief as prayed for in the present writ petition. This Court, by order dated 28'01'2020 passed in I.A. No. 1 of 2020 in W'P' No' 1772 of 2020' directed the respondents to consider the representation filed by the petitioner therein on 24'07 '2019 and to pass appropriate orders within a period of four (4) weeks from thedateoftheSaidorder.HoWeVer,thepetitionerherein 4 SN,.I W.P.No.23170 of 2O21 \B!.,--E' \- .3 has been discriminated and his request has not been considered till date.

6.7 a) kino tnto con ide ration:- The aforesaid facts and circumstances of the case, b) The submissions made by the tearned counsel appearing on behalf of the petitioner and the tearned Standing Counset for Central Government appearing on behalf of the respondents, c) The contents of the petitioner,s representation dated 1O.O5.2O21 (referred to and extracted above), T e Wri P titi resDon den tNos.1 a nd2 to the Detitioner as DUt reDrese ntati on date d 10. 05.2 o2L finan AI ad tion un er d t r the q ev r ce of etit one s ek nq fied A ur P o e 0 2 I t e IN r n a o u t of rs alh w h eff t aw n nf ml e 5 5N,J W.P.No.2317O of 2021 to decide e subi e kl or er ndd uebvpa ssl n mm nrc et a etai I d n the petitione r's r€Dr e sentatio n dated to.o5 .2021 to h eti ron t wev r th re hall n rder as o costs. Miscellaneous petitions, if any, pending in this Writ Petition, shali stand closed. //TRUE COPY// SD/.B.REKHA AS ISTANT R AR ECTION OFFICER To ion, Jagjivan Nagar, 1 The Commissioner, Coa I Mines Provident Fund Organi police lines, dhanbad - 826 001 . harkhand state 2. The Region al Commissioner, Coa I lVlines Provid ent Fund Organization, Nilillennium Quarters, OPP. Bus Stand, Godavari khani - 505 209, Karimnagar " ?Lt'31"r",rry, Union of rndia, tr/linistry of coar, Government of lndia, shastri " er'avan. NewDelhi -,tor?%*o*yANA, Advocate [OpUC] 4 OneCCtoSRI VVSSI q onc cc to sRl B.JITHENDEii isc roa CENTRAL GOw' " 6. Two CD CoPies COUrtrSELt Advocate [OPUCI SA/BSK d HIGH COURT DATED:21 tOBtzO2S C.C. TO DA}' , I ORDER WP.No.231T0 of 2021 thtE SI4 t C)o 1s 0itl 20ffi ')::. )t z.\ SP,qrct * DISPOSING OF THE W.P WITHOUT COSTS. i