Mangal Harijan @ Mangal Ram vs Bharat Coking Coal Ltd And Ors

Heard Mr. Ajay Kumar Singh, the learned counsel appearing for the petitioner and Mr. Vipul Poddar, the learned counsel appearing on behalf of the

respondent-BCCL.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due

to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard.

The defects pointed out are ignored.

The petitioner has preferred this writ petition for a direction for payment of consequential benefits of service linked upgradation (in short SLU) granted

to the petitioner in the next higher Grade â€"C with effect from 01.01.2008 vide Annexure-4. The further prayer is made for promotion in the next

high Grade-B and Grade-A with consequential benefits since the date of his entitlement as per the Clause 2.11.0, 2.11.1 and 12.8.0 of NCWA-VII.

The prayer is also made for monetary benefit of minimum four promotion including SLP/SLU/SLI.

The learned counsel for the petitioner submits that the petitioner has completed 27 years of service and for the first time as per the Clause 2.11.1 of

NCWA â€"VII the petitioner was given the 1st SLU with effect from 01.01.2008 vide letter dated 20.02.2008. The petitioner was promoted in the

next higher Category/Grade-C for the designation/post of Pay Loader Operator, Excavation on the basis that SLU was due since 01.01.1998. The

petitioner was promoted for the first time in the next higher Grade w.e.f. 01.01.2008 but the pay fixation for the said Category/Grade â€"C is not

provided to him till date. The petitioner has filed a representation but no action has been taken as yet on his representation.

Mr. Vipul Poddar, the learned counsel for respondent BCCL submits that the petitioner may be directed to move before the respondent no.3 by way

of filing a fresh representation on which the decision will be taken in accordance with law.

Accordingly, the petitioner is directed to move before the respondent no.4 by filing a fresh representation along with all the credentials and documents

on which he is relying within three weeks from today.

If such a representation is filed by the petitioner within the aforesaid period, the respondent no.4 will take a decision on the representation of the

petitioner in accordance with the rules, regulations and the guidelines of the respondent BCCL as well as NCWA-VII within eight weeks thereafter.

It goes without saying that if any decision is taken in favour of the petitioner, the same be released in favour of the petitioner within a period of two

weeks thereafter.

With the above observation and direction, the instant writ petition [W.P.(S) No.902 of 2019] stands disposed of.

I.A. if any also stands disposed of.