/ c? W THE HIGH COURT OF CHHATTISGARB AT BILASPUR WritPetitionNo. r3>^l6> /2003 / l)Coal Mines Officers Association oflndia SECL Hqrs Branch, (Through : Shri P.K. Singh, Jt. Secy General, (APEX) -C.L, MQ, Saapovfc i^a.d-/ &il^opuA-(c^ 2) P.K. Smgh, s/o Shri Jagdish Narayan Singh Sr. Accounts Officer, South Eastem Coalfields Limited, Seepat Road, Bilaspur PETITIONERNo.l PETITIONERNo.2 Versus •?-' Inionoflndia, (Through : Secy, Ministry ofLaw) ~ \-<'-."Sa»NewDelhi c^^s^ ff /2)^lec'tt9n Commission oflndia, ^'^•-^fTtw^^^i: ChiefElectioa Commissioner) ^? •*^u\Nir^S^an Sadan, '-^a'^fl ~NGh'IS,6M .•/"^'^ .;' /Ij^-g^^felectoral Officer, [attisgarh, Raipur 4) ChiefElectoral Officer, State ofMadhya Pradesh, Bhopal 5) District Election Officer, Bilaspur 6) South Eastem Coalfields Limited, (Through: Chairman-cum-Managing Director) Seepat Road, Bilaspur (CG) RESPONDENTNo.l RESPONDENTNo.2 RESPONDENTNo.3 RESPONDENTNo.4 RESPONDENTNo.5 J' ^./\1/^ s^ RESPONDENTNo.6 Writ Petition under 226 of the Constitution oflndia.. -^,.^ ^^' ^f ai (^ W THE HIGH COURT OF CHHATTISGARH AT BILASPUR WritPetitioaNo. S^t& /2003 l)Coal Mines Officers Association oflndia SECL Hqrs Branch, (Through : Shri P.K. Smgh, Jt. Secy General, (APEX) L, MQ) &aca.po»4= Road^ £>il^v5puA-(t^) 2) P.K. Singh, s/o Shri Jagdish Narayan Singh Sr. Accounts OfGcer, South Eastem Coalfields Lunited, Seepat Road, Bilaspur PETITIONERNo.l PETITIONERNo.2 Versus Tnion oflndia, (Through : Secy, Mmistry ofLaw) s&»NewDelhi Se 2)^lecti<?n Commission oflndia, ;^ ^Thf^&i: ChiefElectioi '^'i- •s-^^-"\%T(~ ^s^ ';^u\F<iiy^Ban Sactan, '-^'-yNe^'O^Uu' '' / ^- / / :;^;^4:STOg^?felectoral Officer, v^..^ '^y^ ' ws^^^ W!^ ^^)1 :^ '^'a'l^'..^ ^^M1 -^\ ^i\^A Distrlct Electlon Offlcer surguja Distrlct Election OfjE&er RESPONDENTNo.l RESPONDENTNo.2 RESPONDENT B0.7 RESPONDENT 80.8 ,.v^ 9). District Eleetion Officer RESPONDENT HO.g .3 ,4 .5 Tahsildar/Asslstant Election Officer, surajpur, Distt. RESPOKDEMT HO.IO ,6 o •:^. y^%A s^^' <. .* ^'( Writ Petition under 226 of the Constitution oflndia. . '^,.^- 3?::T'3^'i ^2f.vSyy' ^^'"i^&'' ,^y^ ^- XI-HC-22 •s^ -^w\v\^, ^-Aw^, Ifwwy tOHCtl 9)»11<<1 ^.s^- 3Gl^/^<5b3 "g^' 200 ^t^SS' 311^1 ^il f<-ii?b sntsi ?b^ier> ^rf^ti STT^T'^^R'ytid »bl<ilfi41-<w^'sS 4 ft(A <rfltt;i< •^siPinaii^i Shri P. Diwakar, counsel for th[ Shri Vinay Harit, Senior C|i Counsel for respondent no. 1 . Dr.N.K. Shukla, Additional respondent no,5. Shri Dhirendra Mishra, counse] None present though the respondents no.2, 3, and 7 to 10. Heard. Petitioner/Association througt) Mr. f.K. Singh has filed this writ pe\ Constitution of India that the registered under the Trade Union mainly engaged in the Coal activities 100 Coal Mines bclonging toS.E.C.L. ^ Madhya Pradesh and Chhattisgarh. that the ensuing Assembly Elections the services of thc officers of the pct| election duties and a representation (A| respondents no.3 and 4 that| petitioners. ;ntral Govemm.ent Standins Advocate General for the for the respondent no.6. srvice has been effected on pefciqLoner Adt its Joint Secretary General [ition under Article 226 of the no. 1 is a Trade Union and S. E. C. L. employees are and they are running about lituated in different districts of Fjetitioner is anticipating during |the executive may requisition tjitipner/association to perform jnnexure P/1) was made to the senior officers of the XI-HC-22 -y^ 'c,ww-{, o^l'y'is, I'lfii'yy 3dt?T "q?ra? *iiiCTrwii<*> •^ 200 sn^i^a !<<•* sn^r SOHl^ '9^ snisi waiw ^itei -^- t|il'<i<-f<il-< i^Wdi^'fest <r*lt!tl< irsipOT sii^i statu^ry petifcioner/association should no| duties under the junior officers as| are very scnior officers and if junior offioers that will be hui petitioner/association. Retum has been filed on which it has been mentioned apprehension the petition is not mentioned that except the Offioer and Deputy Eleotibn Of&4 Additional Collector and Deputyl the election duties. petitioner/company raay be officers pf the petitioner/company will be given to the seniority of care has bcen taken to place the of| gcale. However, simply because c^ Undertaking and drawing more status. It is submitted that all pr^ the officers in acoordance v?ith theil be posted to perform election the petitioner/assocaation officers ttilose offices are posted under the ^iiliating for the officers of the utili^ed ttle jsehalf of the respondent no.5 in that merely on the basis of ibaintainable. It has further been posts Additional Refumins irs which are to be held by the Collectors or other post for rhe.senrices of the officers of the Hpwevsr, while posting the |on the election dufies, due regard officers of the association. All pcers in accordancc with thcir pay ^T officers being in a Public Sector Isalary would not attain higher ;autions havc been taken to place pay soale. : ['^^fo^ XI-HC-22 'SSt '^[RRR, ydltild, l^flwy 3TI^?T 'q^; •ONCTI aiW<» •M 200 fc('(><y' 311^1'W ft<«bailisi *l| UfScf giAgTOiiwgltg •3- 4ilili"i<h-< t<i4dl'4 Is'<3 <F'itsn ^TSlPgqim^l Having heard the leamed cou| regard to the facts and circumstance^ to thc retum submitted bv thc resi the otncers of the Company due car^ answering respondents that the off} should not be posted under the olTicje scales. In view of the above reply of opinion that the grievance and) petitioner/association has already b) directed that the respondents/Distriftt that, in allotting the election dutie^' officers including the officers of should try to resolve the apprehensic|n and wil! not create any situation wtle worked undcr the junior officer as p^ shall give due regards to the petitioner/association. However, it is| situation so warrants in which thc altemative then the offioers of the pef to adjust and they should not make |"isel for the parties and having of the case and having regard p^rtdent no.5 that whilc posting has already been taken by the ;ers drawing higher pay scale ;r.s who are drawing lower pay tHe respondent no.5, I am of the the apprehension of the ;en answered. It is, therefore, Election Officers are directed to the various Govemment peti.tioner/association they of the petitioner/association a senior officer mav be ;r thcir highcr pay scales and btatus of officers of the made clear that in case of any Irespondents are left ,with no i(;itioner/assooiation should try ^n issue of out it because it is. the lensictn wt'lereby XI-HC-22 p' ^a^ "y~>'-\ ''^' ~S^( •*11<11<YI<<, ^•al'y'Ko, faiti+iy <s 3IT^?T '^EK HIICTI (h*ll'b •M 200 ^^St' 311^1'^iT •f?qi?T3iit?r ^+i yT^l L»' 3H^r ^dt^T '^ft?! _ \^ the duty of every one to enaure the| and to maintain purity of the election[ This order will not apply for sti With the aforesaid observati<tns disposed of. In view of the above, I do not fihd applioation. Aooordingly, the applicatjion fibd any force in the intervention is rejected. catlon Certified copy as per rules, 'kl<lf<lf''il'< w^vS 4 ft <Fai«;i< i? aipgii SII^T sniooth, fair and free electiQna tutor}r posts. [, this writ petition stands ••^ LC.Bhadoo [Tft^ ^fta^