IN THE HIGH COURT OF JUDICATURE AT JABUR wnxa: PETITION No. a? O OE 1998 BETWEW x ahendra Kumar Shama. S/Q aim. Daroga amama, aged about 41 years,, o'ccupation Phamacist in NAT. EC. Hospital, Korba. reside“: 0f 3-1422. Krishna whar, NaT.PaC. T9mah1p. 9.0. Jamnipali. disttict Biléspuz. \ PETITIQIER AND Natiorial‘whemal Power Cormratian, through its maimmmmmanagmg Director. Loahi Road, NEW DmHI. National Thermal Em-rer corporatien. Netba, threugh its General Mmage‘r at Vikaa_m‘awan._ P.o. Jamipali. \Karba. matrict Bilasmt. Chief Personn e1 Man ager. N. Tn P. E. Ltd. g: K. S.‘T¢ P. S“ vika's 'mawan, “P. omamn'ipali District Bilaspnr (MP) . mief Medical. Qffic‘er. N.T0P0C.Lté.g NTm msPj-m; PoOQJmipui. {Mstrict gilaspar MP). 5‘ N.T.P‘C. Ltd” Farakkaw thraugh its Galeral . west Bengal. Mr. sails: Mukherj ”.marmactst, at N.T.P.c.r Hospitalrhk: Farakka, ~ WeQ'h Bmg 11'. ’ ( 6o RESPGNDm'rs ,. , . a. .03a ALP M n 02 a s mm PETITION rwbraa ARTxCLEs 226 coxsmawmw OF mum 227 0F. THE HIGH COURT OF JUDICATURE CHHATTISGARH: BILASPUR Single Bench: Hon’ble Shri Satish K. Agnihotti, J. WRIT PETITION N0. 4539 OF 1996 Psh'h'oner : P.D. Sonwam’, Son of I.D. Sonwani, aged 44 years, Occupation Pharmacist, in N.T.P.C. Hospital, Korba, Resident of Quarter No. B- 587, Block-4, Ym'nuna Villar, Post O$ce Jamnipali, Karba, District Bilaspur (C.G.). Versus Respondents :1. N.T.P.C. Korba, through its General Manager, Post 0&06 Pragati Nagar, Korba, District Bilaspur (C.G.). 2. Chief Personal Manager (Personnel Department) N.T.P.C., Korba, Pragati Nagar, Korba, Distu'ct Bilaspur (C.G.y 3. N.T.P.C. Farakka, through its General Manager at Farakka (West Bengal). 4. Shailendra Mukhaljee, Son of not known working as Executive Class-I, at N.T.P.C. Hospital, Farakka (West Bengal). WITH WRIT PETITION No. 4815 OF 1996 C.H. Masih S/o Shri M. Masih, aged about 38 years, occupation Phannacist in N.T.P.C. Hospital, Korba, resident of B/ 1374, Post Petin'oner : O$ce Jamnapa;i, Krishna Vihar, N.T.P.C. Korba, District Bilaspur (C.G,). Versus Respondents :1. N.’I‘.P.C. Korba, through its General Managsr, Post Omce Pmgati Nagar, Korba, District Bilaspur (C.G.). 2. Chief Personal Mallager (Personnel Department) N.T.P.C., Korba, Pragati Nagar, Korba, District Bilaspur (C.G.). 3.- N.’I‘.P.C. Farakka, through its General Manager at Farakka (West Bengal). 4. Shailendra Mukhaxjee, Son of not known working as Executive Class-I, at N.T.P.C. Hospital, Farakka (West Bengal). 85 WRIT PETITION No. 1090 OF 1998 Petitioner Maliendra Kumar Shanna S/ o Shri Daroga Shanna, aged about 41 years, occupation Pharmacist in N.T.P.C. 'Hospital, Korba, resident of B- 1422, Krishna Vihar, N.T.P.C. Township, P.O. Jamnipali, Disuict Bilaspur. Versus Respondents : 1. National Thermal Power Corporation, through its Chaitman-cum—Managing Director, Lodhi Road, New Delhi. 2. National Thermal Power Corporation, through its General Manager at Vikas Bhawan, P.O. Jnmnipali, Korba, 3. Chief Personnel Manager, N.T.P.C. Ltd., K.S.T.P.S., Vikas Bhawan, P.O. Jamnipali, Kox‘ba, District Bilaspur. 4. Chief Medical onicer, N.T.P.C. Ltd., N.T.P.C. Hospital, Vikas Bhawan, P.O. Jamnipali, District Bilaspur. 5. N.’I‘.P.C. Ltd., Farraka, through its General Manager at P.O. N‘abarun, District Murshidabad, West Bengal. 6. Shaile-ndia Mukhaijee, Pharmacist at NT P. C. Hospital, Farakka (West Bengal). Shri P.S. Koshy, Advocate with Shri Aneesh Pandey, Advocate for the respondents. ORAL ORDER ( 9th January, 2006) Heard. . Learned counsel for the peh'tioners submits \that the petitioners are working as pharmacist with the National Thermal Power Corporation, Korba/mspondent No. 1. The petitioner in W.P, No. No.‘.4539 of 1996 was appointed as pharmacist Grade-IV on 19.2.1979, the petitioner in W.P. No. 4815 of 1996 was appointed by appointment letter dated 26.7.1982 and joined on 5.8.1982 and the petitioner in W.P. No. 1090 of 1998 was appointed by appointment letter dated 4.9.1984 and joined on 5.10.1984. Since an the three petitions involve common question of law, hence, all the three petitions are being disposed of by this common order. Present: Shri Rajeev Shrivastava, Advocate for the petitioners. 2. The peh'tiouers after having obtained diploma in pharmacist were appointed by National Thermal Power Corporation, Korba, Super Thermal Power Project as pharmacist Grade-IV. The promotional channels of the petitioners are given at Annexure R-4 in W.P. No. 1090/ 1998. The petitioners have filed a chart of pmmotional channel deaiing with Mechanical Maintenance (Tradefitting) claiming that the petitioners be appointed at Wv7 level. This chart is not relevant for the purpose of pharmacist and as per other chart which deals with promotional avenues of phannacists. The pharmacists are appointed at Grade-IV level. 3. Learned counsel forthe petitioners further submits that the petitioners are entitled to be promoted on higher posts beyond W-8 glade. 4. Shri RS. Koshy, Advocate with Shn‘ Aneesh Pandey, Advocate for the respondents submits that the petitioners have been granted opportunities, but they could not avail the same either by not appearing in the test or not finding tit in the process. Learned counsel for the petitioners denies the submission made by learned counsel for the respondents. At this stage, learned counsel for the petitioners confines his submission to the extent that the respondents be directed to consider their cases for promotion to higher grade, in accordance with law, to which learned counsel for the respondents have no objection. 5. In View of the fomgoing, the N.T.P.C./respondents and its authorities are directed to consider the representation of the Ix u petitioners for further promotion, in accordance with law, if the petitioners are found m, they may be considered for appointment, subject to the avaiiability of the poets. . For the masons stated above, the writ petitions are disposed of. No Older as to costs.