^ mGH COURT OF CHHATTISGARJH AT BILASPUR PETITIONER RESPONDENTS WRIT PETITION No. 1155 of 2006 Dinesh Kumar Khes S/o Emil Khes, aged 43 years, Occupation Service presently working as Senior Overman Grade A in South Eastern Coalfields Ltd., R/o Quarter No. l-B-244, Hospital Colony, Bishrampur, District Sarguja (C.G.) VERSUS : 1. Coal India Ltd. through its Chairman, 10, Netaji Subhash Road, Kollkata - 700001 (WB) 2. South Eastem Coalfields Ltd through its Chairman ciun Managing Director, Seepat Road, Bilaspur. 3. Director (Persormel) South Eastern Coalfields Ltd. Seepat Road, Bilaspur (C.G.) 4. General Manager, South Eastem Coalfields Ltd. Bishrampur Colliery, Bishrampur (C.G.) WRJT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. A2nihotri,J. Present: Shri Rajeev Shrivastava, Advocatefor the petitioner. Shri P.S.Koshy, Advocate for the respondents. ORDER(ORAL) (Passed on 26th day of June, 2009) 1. By this petition, the petitioner seeks a direction to the respondents to take immediate steps for promotion on the post of Subordinate Mining Engineer E-2 category. 2. The petitioner was initially appointed as Overman, Grade-B in the respondent-company. Thereafter, he was promoted to the post of Senior Overman (T&S) Grade 1. Now, the petitioner claims that he has become eligible for consideration to the next higher post i.e. Subordinate Mining Engineer, E-2 Grade. \ 3. Shri Koshy, relying on the return filed by the respondents, submits that the \ petitioner is eligible for consideration for appointment to the promotional \ post. However, it depends on the fact that the petitioner falls within fhe zone ^^3°*%. fC^ '\ i. ^ J/ S'S?SS£^" 2 • of consideration as per rules or the vacancy is available for promoti&n of the persons working onthe post ofSenior Overman, (T&S) Grade 1. Shri Koshy further submits that as aad when the petitioner falls within the zone of consideration, he shall be considered alongwith other similarly situated persons and depending on the vacancy available, promotion shall be made in accordance with law. Shri Rajeev Shrivastava, learned counsel appearing for the petitioner submits that in view ofthe clear avennents made in the retum, nothing survives for adjudication at this stage aad the petition may be disposed of. In view ofthe foregoing, the petition is disposed of. No order asto costs. Sd/- Satish K. Agnihotti Judge Amit