RANCHI, India, Sept. 12 -- Jharkhand High Court issued the following order on Aug. 12:

1. That this writ application has been filed on behalf of the petitioner for following reliefs:-

(i) To quash the order as contained in Ref No.CIL/C-5A (CC) C.M-80/J.K.Y/ 36 dated 04.07.2003 passed by General Manager (Personal) Coal India Ltd. whereby by the petitioner has been refused his promotion as per the scheme of E & M discipline as in corporate in common coal cadre, an executive has to have the professional qualification of recognized Engineering diploma of three years duration in the relevant branch of Engineering before the eligible for promotion from E-2 to E-5 grade. It is said that the petitioner was the not having the prescribed cadre qualification his case of promotion from E-1 to E-2 grade was not considered as the petitioner was having one year advance diploma acquired from I.S.M Dhanbad. AS such the petitioner was not considered for promotion from E-1 to E-2 grade alongwith other juniors who were promoted. The petitioner has been given promotion to the post of Engineer (E&M) in E-2 grade in the scale of pay of Rs.10750/- -300-16750 from the date he assumes charge when the petitioner is entitled to be promoted in E-2 grade w.e.f. 01.05.1988 and E-3 grade w.e.f. 01.05.1991 and E-4 w.e.f. 01.05.1994 & E-5 grade w.e.f 01.05.1997 / 30.08.2001. Because his juniors having given promotion in the aforesaid grade from the aforesaid date. And "For quashing of order dated 26.06.2003 which was communicated to the petitioner vide its letter dated 04.07.2003 whereby the respondents have denied the promotion to the petitioner."

(ii) To modify the order contained in Ref. No.C.I.L/C-54 (CC) form E-1,E-2/E&M/J.K.Y/062/335 dated 30.11.2000 passed by the Chief General Manager (Personal) Coal India Ltd. BCCL Dhanbad whereby the petitioner has been given promotion to the post of Engineer (E&M) in E-2 grade in the scale of pay of Rs.10750/-300-16750.

(iii) To treat the advanced diploma in mine instrumentation and telecommunication (duration of 1 year, awarded by Indian School of Mines, Dhanbad is higher than normal three years diploma awarded by other institutions and taking into consideration.

2. Heard learned counsel for the petitioner and learned counsel for the Respondents.

3. Learned counsel for the petitioner submitted that the petitioner has moved earlier before this court to modify the order as contained in reference dated 31.11.2000 by filing W.P.(S) No.569 of 2001 which was allowed on 11.02.2003 by the Coordinate Bench (Justice Vikramaditya Prasad as then his Lordship was) by deciding the issue in favour of the petitioner and High Court had directed that the Respondents shall decide the seniority of Engineers in E-2 Grade and also consider the seniority of the petitioner again and shall pass the reasoned order as to why his seniority will not computed from the date when his juniors were promoted.

It is submitted that the petitioner was appointed as Technical Supervisor Grade 'A' on 01.09.1976 in Bharat Coking Coal Ltd. The petitioner had worked as Technical Supervisor Grade A and was sent for obtaining Diploma in Mining Electronics and Tele Communication from Indian School of Mines Dhanbad by C.C.L in 1985 and he obtained advanced Diploma in Mining Electronic and Tele Communication from I.S.M Dhanbad in the year 1986.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=WSRFLpK7bpll%2Fzvq9H5YQiWfIton%2FejI%2FAIwGMA3cyuV3o%2ByMMNl2%2B6g8vape2SF&caseno=WPC/3370/2003&cCode=1&cino=JHHC010111052003&state_code=7&appFlag=)

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