n <T0 'o' 1 BEFORE THE HON'BLE HI6H COURT OF CHHATTrSSARH AT BILASPUR WRIT PETETTON (S) N0. ^fo^- /2010 PETniONERS y rl^ )°\/^^.- /^^\9/ ^* ./1').''' ^ ,<^^?->' ..••''^'.•;^'-••"' ^\^3<^/ ^y^ ^ ^Sf 1. Santosh Kumar Chaturvedi, S/o. Shri Lakhan Lal Chaturvedi, Aged about 47 years, R/o. B/397, Adarsh Nagar, P.0. Kusmunda, bistt. Korba (C.6.) 2. Jayant Ray, S/o. Shri S.N.Ray, Aged about 41 years, Presently working as Foreman Inchorge at Amlai, Open Cast Mines, Sohagpur Area, S.E.C.L. R/o. Qtr. No. B-003, Regional Colony, Post Dhanpuri, Distt. Shahdol (M.P.) 3. Kamleshwar Prasad Dwivedi, S/o. Shri L.P.&wivedi, Aged about 39 years, Presently working ds Foreman Incharge at Sharda Open Cast Project, Sohagpur Area, S.E.C.L R/o. Qtr. No.82/4, Store Colony, Amaradandi, Post-Amlai Colliery, Distt. Sahdol (M.P.) VERSUS RESPONDENTS / 4. Union of India, Through the Secretary, Ministry of Coal, Shastri 'Bhawan, New Delhi. Coal India Limited, Through the Chairman, Coal India Limited, 10, Netaji Subhash Road, Kolkata 700 001 South Eastern Coal Fields Limited Through the CMD (Chairman-cum- Managing t)irector) S.E.C.L. Seepat Road, Bilaspur, District Bilaspur (C.6.) The Director (Personnel) South Eastern Coal Field Ltd. Seepat Road, Bilaspur (C.6.) 7 ^5. The Oirector (Personnel <& Industrial Relations) Coal India Limited, 10, Netaji Subhash Road, Kolkata 700 001 WRFT pErmoN UNDER ARTICLE 226 OF THE CONSTTTUTION OF IN&IA ss r sn^v ^i R-ii'* '^2TT sn^TT 5b^icn y ^ST ^itii^-ii^ yiilyito, fqi?ii'My,< ..iA).PSF)T^.:...36S^j^"^1,200 sn^i TRq? (1pf3^<sr) TOiiwdfeon^i SB : Hon'bie Shri Manindra Moll 22-07-2010 Shri Arvind Kumar Dubey, counsel forthe petitioners. Shri S.S. RaiDUt, counsel fd Petitioners who are Dresen and Supervision) Grade-A in approached this Court aggrieve|d Dromotion in accordance with th^ office memorandum dated 7/3/01 hoiuing pornpany. Submission of iearned coili the poiicy, 40% of the post to y< discipiine including mining are re<^ departmentai basis frorn amongst the respondents are not adhering going on, since 2007 the eiigibii promotlon according to the ewstii hiuhiiahtinQ arievance. a reorest respondent No.2, 3 and 4 but ev-t unredressed. Taking into consideratiotl appropriate to direct respondents| petitioner. Accordingly, on a dei|ai the respondents No.2 and 3, theij <»i<<(<-i<i1t iiiCTl' 4 S <Fif<^i< ^•ajfinsii^r an Shrivastava, J. counsel aiong with Shri Shashank Thakur, ir respondent No.1 on advance copy. il'y" 'working as Foreman incharge (Technical the service of respondent No.3, have d by non-consideration of their case for s existing policy of prornotion contained in ' promuigated by the Coal India Ltd., the nsei for the petitioners is that according to e fiiled up in the flnancia! year in various uired to be fiiied up by way' of promotion on the eligibie officers hoiding feeder posts but to the poiicy and whiie direct recruitri'ient is i candidates are not being considered for ig policy of prornotion. it is submitted that antation has been made on 11/10/09 to an then grievance of the petitioner remains the nature of grievance, it would be No.2 and 3 to consider the arievance of the ^iied represeruation made in this regard to r ciaim for prornotion shali be considereu in 1 :-n--"aual ,^^. j ; --'• <,t ^- ,.Xt-HG—78 3\ 3^ •^WW<i, '3V\W16, [qcliy^< .\M^).^^M^hh sn^r 'c[°w ('^??3^i) ail^i ^il Ri-fii* wnsn^iwqNr Sssyli TOnwafed-Bi^i -.? accoru'ance witn ine existing pron|i0uonai the respondents do not take an>f their grievances are not redressbd, approach this Court or take recoij them under the iaw. With the aforesaid observ'al decision on petitioners' representation or ^d, it wouid be open for the petitioner to |rse to such remedy as may be avaiiabie to TFiferaN'wrcff'?'ft^'t Tfsre^R ^TSifipT .311^1 ononai scneme in accoraance vnm ia'vv. if ions, the petition is finaliy disposed off. Sd/- Manindra Mohan Shrivastava ^ Judge