Tehri Hydro Development Corporation Limited, Tehri v. Tehri Hydro Development Corporation Limited

As such the petitioners could get the promotion E-1 Grade w.e.f. 01-4-2002. It has not been stated in the writ petition as to what is the length of service required for giving automatic promotion to S-4 Cadre. Petitioners have stated that after serving three years in S-3 Grade, they would have obtained S-4 Grade and after serving as S-4 for one year, they would have got automatic promotion to E-1 Grade as per circular dated 31-10-2003 issued by Senior Manager (Personnel & Administration). The petitioners instead of waiting for promotion through this channel appeared in the written examination and after qualifying, their interview was held as scheduled by the D.P.C. for promotion and the petitioner no. 1 Sadiq Rehman was promoted vide letter dated 23-4-2004 issued by the Senior Manager (P & A) (contained as Annexure No. 6 to the writ petition). Learned counsel for the petitioners submitted that since the D.P.C. was held for the year 2002, therefore, the petitioners opted and appeared in the interview, but the delay in declaring the results has resulted in pecuniary loss to the petitioners, as they would have been promoted through the first channel, thereby after completing three years service as S-3 Grade, they would have been promoted to S-4 Grade and after one year service in S-4 Grade, they were entitled to promotion to E-1 Grade, i.e. from 1-4-2002, as detailed earlier.

The only grievance of the petitioners is that they were denied that benefit of promotion policy by which they became entitled to promotion to E-1 Grade after having qualified the prescribed examination with three years qualifying service in S-3 Grade, which was effective from 1-04-2002 as alleged by them. On the other hand, the T.H.D.C. filed Counter Affidavit and in paragraph 14 thereof, they have stated that the Board of Directors considered the Promotion Policy on 25.6.2001 and decided that for employees in Supervisory Cadre (S-3) the eligibility period for promotion to executive cadre (E-1 grade), the supervisor must complete ten years total service in the supervisory cadre with a minimum of 3 years total service in S-3 grade including the training period and the policy decision was communicated in the organization vide inter office memo. No. THDC/P(1)-348/3039 dated 10-1-2002 and per this policy decision, the petitioners completed ten years total service in supervisory cadre on 31.03.2003 as per eligibility criteria laid down in Promotion Policy and accordingly, they were considered for promotion to E-1 grade only w.e.f.

1.4.2003. In the counter affidavit filed by the T.H.D.C. it has not been specifically stated that the first procedure for promotion had come to an end after introduction of the new policy, therefore, in the facts and circumstances of the case, we provide that the petitioner may make a representation for loss of salary, according to them, they have sustained and also with regard to their seniority. If such a representation is made within a period of 10 days from today, the same shall be decided by the respondents within one month by a speaking and reasoned order. With the aforesaid direction, the writ petition is disposed of finally. No order as to costs. (B.S. Verma, J.) (P.C. Verma, J.)