HSGH COURT OF CHHATTSSGARH AT SiLASPUR Single Bench : Hon'ble Shri H.L. Dattu, CJ. WritPetlUon N9.2445of 19% C.K. Pathak, aged 32 years, son oflate Shri Shiv Kumar Pathak, by oocupation servioe- Engineer (Civil) Gr. E -3 Employee No.00116822, S.E.C.L. Baikunthpur Area, District Sarguja, resident of Charoha Colliery, - District Sarguja M.P. Vs. Coal India Limited, A Government of .India Enterprise, through its Managing Director, Coal Bhawan, Post BoxNo.871, 10 Netaji Subhas Road, Caloutta - 700 001 . South Eastern Coalfields Limited, through its Chairman-cum-Managing Direotor, Seepat Road, Bilaspur, District Bilaspur M.P. Centraf Mine Planning and Design Institute Limited, through its director-lncharge, Gondwana Place, Kanke Road, Ranchi (Bihar) Writ Petit'.on under Artteles 228/227 ConstitutiQnof:lndLa Shri Gar/ Mukhopadhyaya, counse! forthe petitioner. ShriAbhishekSinha, counselforFespondents No.1 &2. Shri N Naharoy, counsel for respondent No.3 ORALORDER (Passed on 3"' May,20C7) Peiitioner is an employee of 1 respondent - organizatjon. In this petition fiied under Article 226/227 of the Constitution of India, the petitioner seeks for the follov/ing reliefs: . . (i) The Hon'ble High Court may be pleased to command the respondents to produoe complete reoord of the petitioner's case regarding seniority and premotion before this Hon'ble Court for perusal and reference. (ii) The Hon'ble High Court may be pleased to declare by appropriate writ or order that the petitioner is entitled to courtf his serytees rendered form 15.05.1990 to 07.10.1992 forcounting his seniority and for purposes of promotton to E-3 grade; ni. i^'ffi (•' 'i SS~'R' 11 f '\\ fc fl3J? (iii) The Hon'ble High Court may be pleased ot direct the respondents to place the petitioner at serial No.108 below Shri Mohit Rastogi (at serial No.107) in CMPDIL and to give the petitioner his promotion to E-3 grade form the date 03.08.1994 from th&date Shri Mohit Rastogi was promoted as the petitioner had already completed presoribed period for eligibility for promotion. (iv) The Hon'ble Court may be pleased to declare that the inaction on the part of the respondents in the matter of consideration of representations ofthe petitioner is iliegal, void and opposed to law and illegally deprives the petitioner of his legal and Constitutional rights. (v) The Hon'ble High Court may be further pieased to direct the respondents to give a!l consequential service benefits including seniority in E-3 grade, arrears of pay, interest on arrears of pay, increments, and further promotion to higher grade in accordance with law in view of his revised seniority at appropriate place. (vi) Any other order or orders deemed just and proper in the facts and oircumstanoes of the case mayalso be passed with cost. (2) For the reasons best known to him, the petitioner has not impleaded the proper and necessary parties for effective disposal. of the writ petition. In the absence of those parties, if the relief is granted, it woutd definitely affect their interest. Since the necessan/ parties are not before me, i cannot be granting the relief sought for by the petitioner. Accordingly, the writ petition requires to be dismissed, and it is dismissed. Hovvever, liberty is reserved to the petitioner to make appropriate applicatibn for revival ofthe writ petition after impieading allthe necessary parties to the prooeedings. Ordered accordini '- Sd/-' . ChiefJustice Kl :.^<('^1! 4!1