Dinesh Kumar Garg vs Union of India <BR> Mukul Kumar Singh Vs Coal India Limited <BR> Surendra Prasad Vs Chairman Coal Bhawan Coal India Limited

S.C. Sharma, J.—Regard being had to the similitude of the controversy involved in these writ petitions, they were heard analogously and are being decided by this common order. For the sake of convenience facts of W.P. No. 777/2014 are adumbrated herein.

The petitioners before this court have filed this present writ petition being aggrieved by an order dated 31/10/2013 passed by the respondent No. 6 Chief General Manager (Personnel) Nigahi Project, Singrauli, District Singrauli. The petitioners are also aggrieved by an order dated 31/10/2013 passed by the Manager (Personnel) NCL Project IWSS, Khadiya, District Sonbhadra(U.P.).

The contention of the petitioners is that they are working in two projects of Northern Coal Field Limited namely "Nigahi" and "Khadiya" and various circulars were issued from time to time by the Coal India Limited which are binding upon the respondent no. 2 which is the subsidiary company of Coal India Limited. The petitioners have further stated that the cases of petitioners were considered for promotion keeping in view the executive instructions issued by the Coal India Limited and they were granted promotions to the next higher post by the employer. It has been further stated that they have worked on promotional posts, however, without granting any opportunity of hearing of any kind and without seeking any clarification from the petitioners and without justifying the cancellation order by assigning cogent reasons, the impugned cancellation orders cancelling their promotions have been passed on 31/10/2013 Annexure P/1. The petitioners have further stated that the promotion orders were issued based upon a scheme notified under the circular dated 01/12/2011 known as "Service Linked Promotion" and various orders were passed from time to time, however, the impugned orders have been issued reverting the petitioners without granting any opportunity of hearing of any kind.

A detailed exhaustive reply has been filed on behalf of the respondents and the objection of the respondent nos. 2 to 7 is that the petitioners are having an alternative remedy to challenge the order of reversion by invoking the provision of Industrial Disputes Act, 1947. It has been further stated that on account of wrong application of "Service Linked Promotion scheme" in Northern Coal India Limited, large number of employees have been adversely effected and juniors have been granted the benefit affecting the seniors to monetary disadvantage position. It has also been stated that on account of promotion granted to the petitioners imbalance has been created as incorrect benefit was granted and therefore the mistake has been rectified by the respondents.

Heard learned counsel for parties and perused the record. The matter is being disposed of with the consent of the parties at the admission stage itself.

In the present case, the petitioners were granted promotion on account of a policy framed by the Coal India Limited which was implemented in Northern Coal Field Limited. The scheme under which the employees were promoted is knows as "Service Linked Promotion Scheme" and the same was introduced on account of some National Coal Wage Agreement, vide clause VIII, implementation instruction no. 24 after deliberations of the working Union with the employer and the same is also on record. In the present case the order dated 31/10/2013 has been passed without granting any opportunity of hearing of any kind to the petitioners. No show-cause-notice of any kind was issued nor the order reflects as to why the petitioners are being reverted after a lapse of 1 and 1/2 year.

Shri Greesm Jain, learned counsel for respondents has fairly admitted that no opportunity of any kind was granted to the petitioners at any point of time.

Resultantly, this Court is of the considered opinion that the order of reversion dated 31/10/2013 passed by the respondent nos. 6 and 7 deserves to be quashed and is accordingly quashed. It is pertinent to note that, this court has granted interim order to the petitioners on 19/03/2014, by virtue of which they are continuing on the promotional post and therefore, the petitioners shall be entitled for all consequential benefits flowing out of the promotion order, however liberty is granted to the respondents to take appropriate action in accordance with law in the matter of reversion, if it is still required. Respondents shall issue proper show-cause notice furnishing all minute details to the petitioners while passing any order in future. The petitioner shall be free to file a detail reply to the show-cause notice and respondents shall be free to pass a speaking order in accordance with law after taking into account the reply of the petitioners.

With the aforesaid, writ petition is allowed and disposed of.

The other identical writ petitions are also allowed and disposed of. The impugned order therein are also quashed with the same directions.

Certified copy as per rules.