Ravi Kumar Lala @ Ravi Lala vs Bharat Coking Coal Limited

Mr. Ananda Sen, J.—The petitioner was appointed as a Clerical Grade-II on 25.12.1989 by Bharat Coking Coal Limited. The petitioner was not given any substantive promotion till 30.03.2011 when for the first time he was promoted from Clerical Grade-II to Clerical Grade-I. Since the petitioner was not promoted earlier, as per the policy of the coal company, the petitioner was given the 1st Service Linked Up-gradation (SLU) on 01.01.2005. The claim of the petitioner is that as per the scheme/policy i.e. NCWA and as per the relevant provision i.e. 2.11.1 of National Coal Wages Agreement (NCWA-VI) in fact the petitioner should have been granted the 1st S.L.U w.e.f. 01.1.1998 as the petitioner had on that date completed eight years of service without getting any benefit of promotion.

The petitioner, further submits that, the 2nd S.L.U. as per the said NCWA was never granted to him.

The petitioner''s further case is that only on 30.03.2011 he was substantively promoted to Clerical Grade-I.

As per the Implementation Instruction no. 24 dated 01.12.2011, an employee, who have not been granted minimum four promotion including SLP/SLU/SLI in their service span, is entitled to get one increment in lieu of SLP on the 1st day of January, of the retiring year. The petitioner has already superannuated w.e.f 31.01.2016.

The petitioner further claims that he has also entitled to get monetary benefit of the said increment which was not been given to him. He submits that since he has not been granted minimum four promotion including SLP/SLU/SLI, he is entitled to get the said increment with its benefits.

The learned counsel for the petitioner submits that he has already filed representation before the Area Personal Manager, Govindpur Area-III, BCCL, way back in December, 2013, but till date his grievances have yet not been redressed nor any order has been passed on his representation.

Learned counsel appearing for the B.C.C.L submits that the representation filed by the petitioner, if pending, will be disposed of at the earliest on the merits and in terms of different circulars and the provisions as laid down in the NCWA.

Having regard to the submission made by the parties, I direct the petitioner to file a fresh representation before the Respondent No.3, General Manager, Govindpur Area, Bilbera, Dhanbad, annexing all the relevant documents which the petitioner is relying upon within a period of two weeks from today. The respondent no.3 in turn on receipt of the said representation will dispose of the same within a period of eight weeks, thereafter.

Respondent no.3, if comes to the conclusion that the petitioner is entitled for consequential benefits arising out of the same, it will be extended to the petitioner within a period of two weeks, thereafter. In case of refusal, reasons should be communicated to the petitioner.

This writ application stands disposed of.