e.. HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 109 of 2000 Shri Ashok Kuinar Pandey & others -Versus- Coal India Ltd. & others Post for order on 3 February, 2006. Sd/- Satish K. Agnihotri Judge HIGH COURT OF CHHATTISGARH AT BILASPUR Vy.P, No, 109 of2000 Ptetitioners 1. 2. 3. 4, 5. 7. 8. 9. 10. 11. Shri Ashok Kumar Pandey, Age 41 years, S/o Shri Chirinjivi Paadey, Sr. Clerk, Soufh Eastem Coalficlds Ltd. Gevra. Project, Post : Gevra Dist Korba (CG) Shri Bhagwat Prasad Patel, Age 36 yeara, S/o Shri C.R. Patel, South Eastem Coalfields Ltd. Gevra Project, Post: Gevra Dist Korba (CG) Stui Md. Khabiruddin, Age 46 years, S/o Shri Late Ismail Mia, South Eastem Coalfields Ltd. Seepat Road Bilaspiu- (Chliatisgarh) 495 006 Shri H.K. Tnpafhi, Age 37 years, S/o Shri K.P. Tripathi, South Eastem Coalfields Ltd. Seepat Road Bilaspur (Chhatisgarh) 495 006 Shri P. Tirupati Rao, Age 41 years, S/o Shri P.K. Rao, CMPDIL, RI-V, SECL COMPLEX Bflaspur (Chhatisgarh) 495 006 Shri Prem Narayan Singh, Agc 44 yeais, S/o Late R.K. Siagh, CMPDIL, RI-V, SECL COMPLEX Bilaspur (Chhatisg^rh) 495 006 Shri M.S.S.H.S. Srixiiyas, Age 35 years, S/o Shri M. Vishwaaadliam, CMPDIL, RI-V, SECL COMPLEX BIIaspur (Chhatisgarh) 495 006 Shri Hari Shankar Yadav, Age 39 years S/o Late B.R. Yadav, CMPDIL, RI-V, SECL COMPLEX Bilaspiir (CUhatisgarh) 495 006 Shri B.S. Giri, Age 40 years, S/o Ramjanam Giri, SECL, Kusmiuida Project Shri B.J. Paadey, Age 42 years, S/o Sarb Deo Pandey, R/o, Westeru Washeiy Zone, PO-Mahuda, Distt. Dhanbad, (Jharkhand) Shri Karunakar Nayak, Age 43 yeai-s, S/o B.C. Nayak, Qta-. No.B/80, Durganagar, PO Gandaghora, Distt. Jharsugada (Oriss^ J Respondents 12. VBRSUS 1. 2. 3. 4. 5. 6. 8. 10. 11, Shri Gopal Krishna Paada, Age 33 years, S/o Mimai Chanran Panda, Station Road, Brajrajnagar, Distt. Jharsugada (Oriss^ Coal India Luuited, 10th Netajee Subhash Road, Calcutta-700-001 (Throiigh Ctiainnan) South Easteru Coalfields Limited, Seepat Road, Bilaspur - (Clihatisgarh) 495 006 fThrough Chairman-cum-Managmg Directoi) Central Mine Plaiuiiag & Design Institute Limited, Gondwana Place, Kanke Road, Ranchi- (Jharkhand) 834 008 fThrough Chairrnan-r'iiinMaTiaging Directox) Direetor (Personnel & Industrial Relation), Coal India Luaited, l0tb Netajee Subhash Road, Calcutta - 700-001 Shri S.A. Yusuf, ChiefGeneral Manager (Personne^, Coal India Limited, l0fh Netajee Subhash Road, Calcutta. 700-001 Gencral Manager (Executive Establishnient), South Eastera Coalfields Limited, Seepat Road, Bilaspur - (Chhatisgarh) 495 006 Shri R.N. Mishra Ex-Chairman-Cum-Managmg Director, Ceutral Miae Planniug & Des^ Institute Limited, Gondwaaa P]ace, Kauke Road, Raachi - (Jharkhand) 834 008 ShriJ.N. Smgh, Director (Personnel), Westera Coalfields Ltd. Semiuaiy HiUs, Coal Estate, Nagpur(M.S.) ShriA.K. Sahay, (Ex-CMD, BCCL) Chaimiaa-Cum- Manayitg Director Naivcly Lignite Ltd., Naively-(Tanulnadu) Shri Mithlesh Kumar Singh, WeMare Ofacer fT), Tfarough Gteneral Manager (P & A), Westem Coalfields Ltd. Seiniaaiy Hills, Coal Estate, Nagpur (M.S.) SUri S.S. Sokhi, Welfare Officer pn, Through General Maaager (P & A), Westem Coalfields Ltd. Sexnixiaiy HiUs, Coal Estate, N^pur (M.S) 12. 13. 14, 15. 16. 17, 18. 19. 20. 21. 22. Shri Sanabhu N. Sharma, Welfare Officer (T), Through General Man^er (P & A), Westeru Coalfields Ltd. Semiuary Hffls, Coal Estate, N^pur (M.S.) Shri Pradip Kumar Siiral, Welfare Officer (T), Throiigh General Manager (P & A), Westera CoaUields Ltd. Seminaiy HiUs, Coal Estate, N^pur (M.S) Shri A.K. Biswas, WeUare OfiGcer (T^, Through General Manager (P & A), Westem Coalfields Ltd. Seniiaary HUls, Coal Estate, N^pur (M.S.) Shri V.N. Shankar, Welfare Officer fl), Through General Manager (P & A), Westem Coaffields Ltd. Seminaiy Hills, Coal Estate, N^pur (M.S.) Shri Sudhakar P. Waudhe, Welfare Officer fT), Through General Manager (P & A), Westeni CoaISelds Ltd. Seminaiy Hills, Coal Estate, Nagpur (M.S) Slui Ashwin Kumar Mishra, Welfare Officer fT), Through General Mauager (P & A), Central Miae Plaiuung & Des^a Institute Limited, Gondwaaa Place, Kauke Road, Ranchi - (Jharkhand) 834 008 Shri K. Suresh, Welfare Officer fT), CMPDIL, RI-V SECL COMPLEX, Seepat Road, Bilaspur (Chliatisgarh) 495 006 Shri Naveen Kumar Siaha, Welfare Officer fT), Through General Manager (P & A), Central Mine Planning & Desiga Institute Limited, Gondwana Place, Kanike Road, Raachi - (Jharkhaud) 834 008 Sm.t. Keya Mukherjee, Welfare Of&cer m, Central Coal&elds Limited, Darbhanga House, Raachi - (Jharkhand) 834 001 Sint. Indu Mishra, Welfare OfBcer (T), Central CoalfieUs Lianited, Darbhanga House, Ranchi- (Jharkhand) 834 001 Shri N.S. Chouhan, Welfare Officer (T), Central Coalfields Lunited, Darbhanga House, Ranchi - (Jharkhand) 834 001 23. 24. 25. 26. 27. 28. 29. 30. 31, 32. 33. 34. Smt Rabuiu Toppo, Welfare OfficerfT), Central Coaffields Limited Darbhanga House, Raachi - (Jharkhand) 834 001 Shri Prakash Sabay, Welfare Officer (T), Ceateal Coalfields Limited, Darbhauga House, Ranchi - (Jharkhand) 834 001 Shri Shaakar Choudhuiy Welfare Officer fl), Central Coalfields Limited, Darbhaaga House, Ranchi - yharkhand) 834 001 Shri Indraiul Baaerjee, WeHare Ofiacer fT), Thiough General Man^er (P & A), Bharat Cocking Coal Ltd. PO BCCLTown Ship, Dhanbad Shri Nitish R. Chatterjee, Welfare Officer (T}, Through Geaeral Maaager (P & A), Bharat CSocking Coal Ltd. PO BCCLTown Ship, Dhanbad Shri N.R. Bhattacharjee, Welfare Officer CQ, Through General Manager (P & A), Bharat Cockmg Coal Ltd. PO BCCLTown Ship, Dhanbad Shri M.R. Pfllai, Welfare Officer (T), Through CGM (P & A), Northem Coalfields Ltd. PO Waidban, Distt. : SMhi (M.P.) Shri Lalan Kumar, Welfare Officer (T), Through CGM (P & A), Northem Coalfields Ltd. PO Waidhan, Distt. ; Sidhi (M.P.) Smt. Suxnaa Lata Deharia, Welfare Officer (T), Through CGM (P & A), Nortfaem Coal&elds Ltd. PO Waidhaa, Distt. ; Sidlu (M.P.) Shri Md. Mobin, Welfare Officer fT), Through CGM (P & A), Northem Coalfields Ltd. PO Waidhan, Distt. : Sidhi (M.P.) Shri Sanjeev Kuuiar Jha, Welfare Officer fT), Tfarough CGM (P & A), Soufh Eastem Coalfields Limitsd, Seepat Road, Bilaspur - (Chhatisgarh) 495 006 Shri K.P. Tyagi, Welfare Officer (T), Through CGM (P 8s A), Souffa Eastera CoatGelds Limited, Seepat Road, Bilaspur- (Chliatisgarh) 495006 35. 36. 37. 38. 39. 40. 41. 42. 43, 44. 45. Shri N.K. Saltigiri, Welfare Officer f0, Through COM (P & A), Soufh Eastem Coalficlds Limited, Seepat Road, Bilaspur - (Chhatisgarh) 495 006 Shri Jafar Molianunad, Welfare Officer m, Through CGM (P & A), South Eastem Coalfields Limited, Seepat Road, Bilaspzu- - (Chhatisgarh) 495 006 Sm.t. A. Teuiunukar, Welfare Officer fT), Through COM (P & A), Soutb Eastem Coalfields Limited, Seepat Road, Bilaspiu- - (Chhatisgarh) 495 006 Shri Rajendra Kumar Paaday, Welfare Officer fT), Thxough CGM (P & A), South Bastem Coalfields Liuuted, Seepat Road, Bilaspur - (Chliatisgarh) 495 006 Shri R.P. Dubey, Welfare Officer fT), Through COM (P & A), South Eastem Coalfields Limited, Seepat Road, Bilaspur - (Chhatisgarh) 495 006 Shri Amitabh das, Welfare Officer fT), Through CGM (P & A), Soufh Eastem Coalfields Limited, Seepat Road, Bilaspur (Chhatisgarh) 495 006 Sbri Shyamal Chakraborthy, WeUare Officer (T), Through COM (P & A), Soufh Eastem Coalfields Lunited, Seepat Road, Bflaspur - (Chhatisgarh) 495 006 Shri Bhabaru Bandhopadhyay, Welfare Officer (T), Through CGM (P & A), Soufh Bastem Coalfields Limited, Seepat Road, Bilaspur (Chhatisgarh) 495 006 Srat J.V. Ramalaxmi, Welfare Officer fl), Through COM (P & A), South Eastem Coaffields Linuted Seepat Road, Bflaspur (Chhatisgarh) 495 006 Shri Arun Kumar Jha, Welfare Officer fT), Through COM (P 85 A), Soutfa Eastem Coaffields Limited, Seepat Road, Bflaspur - (Chliatisgarh) 495 006 Shri R.K. N^jam, Wel&re Officer fT), Through COM (P & A), South Eastein Coalfields Limited Seepat Road, Bilaspur (Chhatisgarh) 495 006 6 46. 47. 48, 49. 50, 51. 52. 53. 54. Shri U.K. Purohit, Welfare Officer fT}, Through CGM (P & A), Eastem Coalfields Limited, Santoria, Asansol (W.B.) Shri P.K. Shrivastava, Welfaie Officer (T), Through CGM (P & A), Eastem Coaffields Limited, Sautoria, Asansol (W.B.) Stui K. Raviudrau, Welfare OfBcer (T), Thiough CGM (P & A), Eastem Coalfields Limited, Saiitoria, Asaasol (W.B.) Shri Awatar Sinigh, Welfare Officer (T), Through CGM (P & A), Eastem Coatfields Limited Saatoria, Asaasol (W.B.) Shri K.S. Umufhaa, Welfare Officer fT), Through CGM (P & A), Eastem Coalfields Limited, Santoria, Asaasol (W.B.) Shri Arup Sengupta, WeUare Officer (T^, Coal India Limited, 10th Netajee Subhas Road, Calcutta 700 001 Smt. Pushpa Deb, Welfare OfBcer fT), Coal India Limited, 10th Netajee Subhas Road, Calcutta 700 001 Shri Vijay Kumar Jha, WeUare Officer fT), C/o Director (Inchai^e) NEC, Coal India Liouted, 10th Netajee Subhas Road, Cafcutta 700 001 M/s Indiau Institate ofSocial Welfare aad Busiaess Man^ieinent, Manageineat House College Square West, Calcutta 700 073 Dr. N. K. Shulda, Seuior Advocate with Shri Shailendra ShuMa, Advocate for the petitioner. Shri M. L. Jaiswal, Senior Advocate with Shri AIk Raj Gautain and Shri Yogesh Pandey, Advocates for the Respondents No. 1, 2 and 4 to 9. Shri Amit Venna, Advocate for fhe Respondents No. 18 and 46. Shri P. S. Koshy, Advocate for the Respondeats No. 17, 19,21,29, 30,32, 48, 49, 51 and 52. Shri Manoj Paraajpe, Advocate for fhe Respondent No. 37. ORDER ( Februaiy, 2006) The foUowing order ofthe Court was passed by Satish K. Agnihotri, J. This petition filed under Article 226/227 ofthe Constitution of India seeks a direction agninst the Respondents No. 1 to 9 to appoint the petitioners on fhe post of Welfare OfBcer (Trainee) froni the date of issiiance of first appointnient order dated 23/26.10.1998 issued by the Respondent No.5. It was further prayed that the petitioners bc graiited conseqiiential benefits including confirination/proniotion, seniority, back wages and all other monetary benefits for which the petitioners are entitled in the facts and cux-unustances ofthe case. The facts in nutshell are fhat the petitioners were working in fhe offices offhe Respondents No.2 and 3. The Respondent No. 1 is a public sector undertaking and the Respoadents No. 2 and 3 are its subsidiaiy, as such, the Respondents No. 1 to 3 arc State' within fhe ineaning of Article 12 of the Constitution of India. The Respondent No.l issued a cu-cular dated 6.3.1997 (Annexure P/l) addressed to its subsidiary companies for recruitment of Welfare OfGcer (Trainee) from amongst the eUgible departaiental candidates. The qnalification prescribed in the ctTcular was fhat the eaudidates niust possess at lease 2nd class Post Graduate degrce in Sociology or Social Science or Post Graduate Diploina in Labour Welfare/Persoruiel i\* 'r/l i-: ) f^t/ Management/Industrial Relations as recognized under the Miaes Rules for workmg as Welfare Officer in mines. It was further provided that the eUgible candidates would appear in written test to be held on 19.4.1997. Thereafljer the Respondent No.2 issued aaother circular dated 7.4.1997 (Aauexure P/4) whereby the qualification provided in fhe earUer circular dated 6.3.1997 was amended as under:- The candidates must have passed fhe post graduate degrce ia Sociology, and Social Science or Post graduate diplonia in Labour Welfare/Personnel Man.ageinen.t/Industnal Relatioas as recognized under the Miaes Rutes for working as Welfare ofBcer in Mines wifh 2nd class or at least 40% inarks." One more circu]ar dated 29th/30*h April, 1997 (Annexure P/6) was issued, the relevant conteats ofwhich are, as under:- "Kiadly refer to this office circular letters No.CII/C- 5A(ui)/5l823(WOfT), 1797 dated 6.3.97 and No. CIL.C- 5A(iii), 51823/(WO(T)/1919 dtd.31.3.1997 inviting appUcation froin araongst the eligible departm.ental caadidates for fhe post ofwelfare ofBcer (Traiaee). In addition to the above circiilars, you are also requested to kiadly forward fhe bio-data of the non- Executives who possess MBA degree (2 years course) with specialization in personnel Management, duly recognized by DGMS, with 40% and above marks to Centralised CeU, CMPDIL, Ranchiby 10.5.97". The petitioaers along with respondents No. 10 to 53 aad inany others eligible candidates appeared in the written test held on 20.7.1997. Thereafter, successful candidates, iacluduig the petitioners were uiterviewed on 25th August, 1998. Pursuant to fhe written test conducted by the M/s Indian Institute of Social Welfare aad Busuiess Management, Mauageiuent House, CoUege Square West, Calcutta (Respondent No.54) and dS iuterview, a paael of the selected caudidates was prepared. The naiaes of the petitioners were fouxid in fhe select Ust but the petitioners were not given appointment order. Being aggneved the petitioners have filed this writ petition under Article 226/227 ofthe Constitution oflndia. 6. Shri N. K. Shukla, leamed Senior counsel with Shri Shailendra Shulda, leamed counsel appearing for the petitioners subnutted fhat in the selection process for which the selection of departinental caadidates of the Welfare OffiGer-interual selection, the provisions of the Conim.on Coal Order are appUcable. Accordiag to the Conrmon Coal order dated 16*11 November, 1984 (Annexure P/ 26) deaUng with the selection for proinotion from. non-executive to fhe executive cadres, the suitabflily or otherwise of aii einployee for promotion to executive cadre, was to be determined on fhe basis of five factors viz. (i) QuaUfications (ii) experience (iii) ACRs for the last 3 years, (iv) Written Test and (v) Interview. The maxuauin aggregate inarks for ttiese five factors wffl be 100 and mmimnm qualifyiug marks in aggregate for empanehneut wiU be 60. For written test 40 marks were prescribed and for qualification 10 niarks, for expcrience 10 niarks, for ACRs 10 inarks and for interview 25 inarks. Admittedly, this process of selection from. non-executive ministerial stafF to the post of executive cadre(Welfare Of&cer). It was further submitted that Miaes Rules, 1955 (which wffl be referred hereinafter as 'the Rules, 1955^ are fiained under The Mines Act, 1952 (which wiU be referred hereinafter as 'the Act, 1952). Rule 72 of the Rules 10 ^ "V/ 1955 relates to Welfare Officers, sub-mle (2) of the Rule 72 prescribes quali&cation as under;- "No peraon shaU act as Welfare officer of a mine unless he possess;- (a) a university degree. (b) a degree or diplonia in social science (or social work) or labour weUare (recognized by fhe Govenuaent for fhe purpose of fhis rule) and preferably practical experience of haadling labour probleins in any indusfa-ial iindertaking for at least three years, and (c) a knowledge of the laaguage of fhe district in which the iniae is situated or the language understood by fhe inajority ofpeisons employed in the mine, Provided fhat in case of a person already in service as a Welfare Officer ui a iniae the above qualifications may, with the approval of the Chief Inspector, be relaxed." 7. In the prcsent case, it was contended that fhe Common Coal Order was not foUowed aad even the circular dated 6.3.1997 (Annexure P/1) pursuant to which the petitioners along with ofhers appUed for recrtutment on the post of Welfare Officer (Trainee) was amended subsequentiy after submission of fhe applications, by the orders dated 7.4.1997 and 30.4.1997 which was not permissible aad agaitist fhe principles of natural justice, prescription ofwritten test for 200 niarks and interview for 40 marks was also conteary to the Common Coal order aad the first circular dated 6.3. 1997. 8. It was next contended fhat the answer sheets of the written test held on 20tb July, 1997 were destroyed ater expiiy of six inonths, in Januaiy, 1998. The original result sheets were seat by fhe Respondent No.54 to fhe respondeat Coal India on 5tk June, 1998 and second suppleinentaiy result sheet was sent oa PUB jepiOLiio {Biuatui TTB SBA /,66l"E'9 psfBp jBpioiiio 3Tp ^Bip panTtaqns 'BTtaoo jad 'g o^ p pus g '^ -oj^ s^uapaodsay aip joj SiK-resddB 'satBooApv paujBai 'Apusj qsaSoA uqs PTIB tire^nBQ fey 3ITV UIIS II)TA issunoo JOTHSS patUBaii 'IBASTBP •q •i^ uqg •SS6T 'sapiy SSTIII^ aip jo (g) g/, apiy pue -lap-io TBOQ TIOVOOEO^) aay TII papiAojd ainpaocud 3ip ipiA aouBpiooaB va pa^oaiip aq uop33ps qsag pire paqsenb aq o^ saAiassp ^s^ yvBd/^aefaa ajpaa aip fs •OM ^uapuodssy pae 50^^ •o(ii s^aapaodssj SituaAsuB aip ^fq panTininoo s3i|iuBpi8aiit ^BjaAas jo ASIA m: ^Bqt psyiiaqns ^COSBI s-isnoTtpad sip joj psunoo pattreyi •seaoojd aop.oaps sq^ in l.daio 3ABq saqB^smi pjaAss }Bip panroiqns jaipjry: SBA ^I •STR.UOUI xisjo pousd v .10} s^aaqs jaAsae daas^ ^ou pip t'g'o^ ^uapuodsay/a^n^psai aq^ ^eip panaig aip uo s^qByBAB apBui ^on ai3M s^asqs jaMsire aqj, "^S'OM ^uapuodsay aqt jCq pawsjSax SBA aqetsini aqj, -^g 'o)ii[ ^uapaodsay aip jo ^iBd aip ao asfB^srm ]B3U:3[3 B SBA 8S8T /l PUB SOS/I "ON Ital SlHABq sa^BpipUBo aip. o^ espem Smnone ^eip S'OM ^uapaodsay atp (q panuojm 6661 'Tudv ip6T PatBP aoitBoiuiLiuiuoo ^iq t>s •ofj ^aspuodsay aqj, 'noTtBtiiuiBxa usnuA aip TII jeaddE ^on pip saiEpTpiiGs aip q^oq aaqA SOS/T '°N Ital jo ^oadsaa ui g jadvd ui S3[jBTO OS psplBAie peq 173 •ofi} i.iiapaodsaa sip ^nq paApoa-i uaaq peq 8S8I/1 pire SOS/T '°M IICu Suueaq sjadBd ou ^Bip ^UBIO o» t-'ON ^napaodsay aq» pa^ssnbai t4S/d amxstmv) 6661'S'Sl pafBp aopBoiunnmioo ^Cq S"°M ^iispuodsay ({atiiiosjacj) j3§EUB}\i jE.i3a»ojsrqo sqj, -paqsiiqnd jaAau o8{B SBM AaiAia^iK SB 1J3A SB ^Sa^ H3UUA 3ip o^ ^UBnsind ^]Tisai aqj, -paqsiiqnd S3A3TI 8BA ^S3j. HS^l.UA 3Tp jo i.pisai 3i[j, •866T 'aonp ipg •6 II 12 n /^.u/ there was no raention that the caadidates should be selected onty through fhe written test. No person subsequeut to fhe circular dated 29/30.4.1997 whereby M.B.A. degree 2 years coiirse was added as qualification, has been selected and appoiated for ttie post of tfae Welfare Of&cer. Leamed counsel further contended that the total marks fixed for written test were 200 for two papers each of 100 marks aad qualilyiag inarks was fixed at 40 in each papers. 40% marks fixed for intemew is not contrary to the coTnmon coat Order as fhe comiuon coal Order prescribes for 25 marks ia intemew and 40 inarks out of 240 total inarks is inuch less thaa 25% ofthe total inarks. The petitioners after havnig quatified fhe written test have attended a training programnie at S.E.C.L. head quarter, BUaspur before appearing ia the uiterview. The petitioners having appeared ia fhe exainiaation and entered in. the interview are estopped fiioin chaUenguig the selection process. Wifh regard to the roll No. 1/505 and l/1858, who were abseat ia fhe writtea test but atlotted niarks in the written test, it was subinitted by learaed counsel that the Respoudent No.4 had clarified vide its letter dated 14.9.1999 that both the caadidates having roU No. 1/505 aad 1/1858 were absent in ttie written test and due to the typographical niistake they were allotted inarks. In respect of irregularity iu roU No.2/1018 of Shri V. N, SharLkar of Westem Coal Fields Ltd. it was submitted fhat fhe Respondent No.4 had clarified to the extent that fhe examiner while listing fhe mark of number wise failed to indicate the correct code, as a result in tabulation sheet, wrong code of 1 was typed, instead of 02 against Shri V. N. Shan-kar. With aoposps piie S3iii[3pin3 aip ^eq^ panimqns SBA fl: JiapiQ I[BOO uommoo aip §TIUSOI[OJ ^ou jo uoTfBSayB atp o^ pieSaa ipiM •AaiAia^m aq^ ui SuuBsdcfe aiojaq amtiie.iSojd Sinai&q 10} oS o^ ps^oaiip aiaA siaHoppad aq^ SB dt3iAiai.Tn ^Cq padio]joj aq ppioqs ^sa^ ua^^uM aip ^eq^ MSTBI HSAt Ai3A sjaaoppad aqj, -ABiAxa^m aq^ Sap.onpuoo tacig s^aspuodsai 8uM3ASTiB aq^ insgai ^ou saop ^,66T"S'9 P3»Bp jeinojto IBiua^ui aq^ in AksiAisi.iti Sirraopaaui ^on ^ajam ^q^ psniiiiqns SBA ^i -(j,) jaogo asgia^jo ^sod atp o}. ^aaiiquioddE joj paiajgo aq yya ppioo s.ianopitad axp '8661 '6"SE '3'1 ^4u[01:PnB ^iia^adiiioo 3Ip Aq IBAOLlddB JO 3'tBp 3tp UIClg JBSjC 3UO •3-I pued jo pouad S^vptfBA aq^ unpiA ^CauBOBA aip jo ^ipqBpeAB-aou o^ anp ^nq ^ST( ^osps 3tp in pQysasdiXLa uaaq psq ^STR AisiAjai.in J.SQB pire aopBUtuiBxs naniiA aip ui s^-rem Sai.^Biib pamoas 3ABq sjaiioi^rtad aip ^Bip panpliqiie jaTojnj psunoo joTiiag p3iuBy[ •S^SBO J^S/OSJO aiadi. satBpipTieo g pue S^SBO paiaaaSjo SJSAI sa^BpTpueo ^,s qoiqA ui paq.uioddB aiaA sa^BplpilBO 53 IB^OJ, 'sa/feptpuBO ^, 10} 6661'6"S£ uo psnssi SBA jspio uop.ouiojd P-tIIp. pUB 'SSfBTptpVeO S 10} 866T'ST'TE uo panssi SBA japio aoponicud paooas 'satBpipoBO 03 joj 866T'Ol"9S/E'E uo panssi SBA jspio aoTtoiao.id ^sig aqj^ '666X'6't'Z uo pandxa paBd ax^ pite 866T"6'S£ uo ^uoTpnB ^ua^admoo sq^ Xq paAaiddB 6BA puBd '866T"6'9/S PaE 866T"8'S£ II0 PI3II SEA AaiAia^m '8661'9'8 Ptre 8661'9'S ao pajeiosp SBA ^pisai '^,66I'/,'Oe ao ppq SBA ^sa^ uanuA arp ^BTp. panTtnqns psanoo paiueai 'MSTAia^ui ptre ^sa^ ua^uA jo i.pisai Sm-iBioap aaigaq s^aaqs J3MSUB aip Sui^oj^sap jage ^pisaj atp 8uuB[03p ui stpaoui e^: jo A®i3pSBA aaaq^ ^Bq» jazior^rtad sq^ y> uotya^ayiB 3Tp o^ piBgai •It •Ol £T 14 ,x0' 'A^^-I process of welfare/personal discipliae is diEferent froin ofher disciptiaes aad fhe criteria laid down in comjnon coal Order is not applicable to ttds selection. Leamed counsel finaUy submitted fhat ttie petition be dismissed on account of the fact that the petitioners have participated in. the entire selection process, haviag not beea appointed due to non-availabilily of vacaacy wifhia the period of existence of the select panel are barrcd froni raising dispute in this petition. 12. Shri Axnit Venn, leanied counsel appeadag for fhe Respondents No. 18 aad 46, Sri Maaoj Paranjpe, leamed counsel appeariag for fhe Respondent No.37 and Shri P. S. Koshy, leam.ed counsel appeariag for the Respondents No. 17, 19, 21, 29, 30, 32, 4S, 49, 51 and 52 adopts the submissions made by leamed counsel for fhe Respondents No. 1, 2 and 4 to 9. In addition Shri Koshy subinitted that the petitioners caanot be proinoted to the post of Welfare OfBcer in executive cadre E-l grade in absence of vacancy during the validity period ofthe panel. 13. I have heard leamed counsel appearfng for the parties aad perused fhe records appended to the pleadings filed by the parties. 14. Upon perusal of the papers, it is clearly estabUshed that the petitioners' along wifh respondents No. 10 to 53 aad ofher eUgible non-executive candidates appUed for recruitinent to the post ofWelfare Of&cer (Training), pursuaat to the circular dated 6.3.1997. Admittedly by corrigendiua dated 29/30 April, 1997 (Annexure P/6) the qualt&cation prescribed in the circular dated 6.3.1997 was axaended and fhe non-executives who possessed M.B.A. degree (two years cozirse) with specialization ia -^ • ^ 15 personnel manageiuent, duly recognized by B.D.S. along with 40% marks were declared as eUgible for the post of Welfare OflBcer (Trainee). The said candidates were thereafter aUowed to make an appUcation to the centralize ceU CMPDIL, Raachi/ Respondent No.3 by 10.5.1997 for consideration of selection to fhe post ofWeMare Officer fTrainee). 15. The Respondents No. 1 to 9 Iiave admittedty not coinplied wifh the circular dated 16tb Noveinber, 1984 (Aiuiexure P/26) issued tiader the provisions of the Conunon Coal Order dcaUng with the selection for promotion froia non-executive to executive cadre aud fhe leamed coiinsel for fhe respondents were not in a position to controvert the adiaitted facts as stated supra, except that 40 inarks aUotted for interview oiit of 240 total laarks is less than 25% of fhe total inarks when the ciTcular dated 16th November, 1984 whfc'h provides for 25 marks for uiterview in addition to awarding of marks for written test, 40 marks for written test, 10 inarks for qualification, 10 marks for experience aud 10 marks forA.C.R.s. 16. It is true fhat no candidate haviag M.B.A. quali&cation as prescnbed in corrigendum dated 29/30 April, 1997 was found successful. 17. With regard to the averment of uregularity in conduct of exammations and destruction of aaswcr sheets before result of examination was declared, leamed couiisel for the respondents submit that the discrepaacy was a typographical mistake and destruction of answer sheets before declaration of the result of written test and intendew does not materiaUy affected the result ofthe petitioners. 16 /r^ t-^ 18. The contention of learaed cozinsel for the respondeats was that the petitk»ners would not be permitted to raisc fhe dispute in. this petition after they have pardcipated in the selection process and they have been found successful and accordingly, they were put in the paael Ust. The petitioners could not be appointed to fhe post of Welfare OfBcer (T) as the panel list expired on 24.9.1999. Adiaittedly, there was irrcgularity in not foUowiag the prescribed quali&cation and piescribed criteria by circular dated 16th November, 1984 and eveu ofhenvise aniendinent of the circular pursuaut to which the petitioners along wifh respondents No. 10 to 53 aad ofhers appUed, could not have beeu amended thereafter. In the present case the petitioners did appear in the written test aad the petitioneis were found successful accordingly they were admittedly put in. the panel list. The appomtments could not be ofFered because the validity offhe panel list expired on 24.9.1999 aad the persons who were above the petitioners were appointed. It is not a case where any person who is down below iu fhe paael Ust has