HIGH COURT OF CHHA'I‘TISGARH AT BILASPUR WRIT PETITION N0.3907I2003 UDITYA SINGH 8; OTHERS V3. COAL INDIA LIMITED 8s OTHERS WRIT PETITION No.588/ 2001 AMI'I‘ SAXENA & OTHERS VS. COAL INDIA LIMITED £5 OTHERS @ WRIT PETITION N0.3347/2003 SANJAY KUMAR MISHRA & ANOTHER COAL INDIA LIMITED 86 OTHERS WRIT PETITION No.3774/2ooa MERAJ AHMED ‘ V vs. COAL INDIA LIMITED as ANOTHER ORDER Post ton sS/ 10/2004. . Sdl- Fakhruddin ‘ Judge ’ ”saw/2004. ,0 , HIGH COURT OF CHHATTISGAPH AT BILASPUR WRIT PETITION No.3907/ 2003 UDITYA SINGH & OTHERS VS. COAL INDIA LIMITED 8a OTHERS WRIT PETITION NO.588 / 200 1 AMIT SAXENA 8o OTHERS VS. COAL INDIA LIMITED 8s OTHERS WRIT PETITION No.3347/2003 SANJAY KUMAR MISHRA 85 ANOTHER vs. COAL INDIA LIMITED & OTHERS WRIT PETITION NO.3774/2003 . MERAJ AHMED VS. COAL INDIA LIMITED 8a ANOTHER O R D E R (18* October, 2004) Per Fakhruddin J. Hcard. '2. A11 these. petitiona concern the people working’in South Eastcni Coalfields Limitca hctwccn E-2 to E—5 Gradcs and thc é disputes relate to the promotion and the seniority to be granted k) i with reference to the policy. Hence, this common order is being passed. 3. Shri ViveK Thanka, Senior Counsel with Shri Aiok Bakshi, Advocate appearing for the petitioners in W.P.No.3907/2()03 submitted that the petitioners are working in E-S Grade and have also passed the First Class Mines Manager Certificate of Competency cxaniination and thus they are entitled to get their seniority from the date of passing of that exam as per the policy decision Annexure — R/a of the return med by the South Eastern Coalfields Limited. Learned comisei for the petitioners submitted that there is no Court order in respect of E-S Grade yet the benefit has not been granted. 4. Shri Prashant Mishra with Shri RN. Mukhopadhyay, Counsel for the respondents in W.P,No.3907/QOO3 on the other hand submitted that. First Class Mines Manager \‘ Certificate of Competency examination is a statutory certil‘lcate, which is necessary for being appointed and posted as Colliery Manager; therefore. the date of acquisition of that certificate would be relevant for granting seniority. 5. Shri Manindra Shrivastava, Counsel appearing for the petitioners in W.P.No.588/‘2001 and Shri R.N.-V Mukhopadhyay, Counsel appearing for the petitioners in W.P.No.3347/ 2003, jointly ubmitted that the petitioners have to be promoted to 13-4 First 4 , s Class with efTect from the date of passing of certmcates as it was granted earlier. 6. Shri Manindra Shrivastava, Counsel appearing for the petitioner in W.P.No.3774/2003, submitted that the Officers who wk had passed First Class Mines Manager’s Certiflcate of Competency after the petitioner have been placed in E-5 First Class Grade but the petitioner is not being considcmd for the same. 7. Shri Dhirendra M‘ishra with Shri Vivek Shanna, Counsel appearing for South Eastern Coalfields Liniited submitted that so far as the authorities are conecniccl, they have no prejudice against anvbodv and they will act strictlv in accordance with law. 8. ow these matters are pending and the learned counsel for N the parties pointed out thatgéinitiaiiy there was an order passed in tie-V.P.No.588/2001 granting‘stay on 28—4-2001. snm‘ Thanxa, Senior (Taunsel contended that the aforesaid stay order (dated 28«4—‘200l passed in W.P.No.588/’2001) related to those petitioners and respondents therein. It‘is also pointed out by learned counsel for all the parties that the said stay Order dated-’28—4—2001 has been vacated vicle order dated 28—8-2003 as the same was causing hardship even t0 the petitioners therein who had obtained stay. y 9. Counsel for the parties pointed out that the matters are pending since long regarding promotion and seniority. it is agreed by learned counsel appearing for the rival parties that for the present, ends of justice will be sewed if a direction is given to the rival parties to make a detailed representation raising their grievances before the competent authority and the Chairman, Coal India Limited to constitute a Iligh Power Committee to hear the 'i x} \<;¢;¢.’;px‘eseiitati01is. regarding the gu‘evaiices of Llie n‘val parties and the K Committee to decide the said representations in accordance with law Within a pen‘od of three months from the date of receipt of representation. It is open to the Committee no have its modalities and if required the rival parties may be heard. Learned counsel for the n'val parties unanimously submitted that the Committee would see that the benefits should be conferred unifonnlv to the petitioners as well as respondents. 10. Having heard and considered, in the opinion of this Court, / ye joint submissions made are reasonable and accepted. Accordingly, detailed representation be made by the rival parties to i- ‘ Coal India Limited. s The Chairman, Coal India Limited, either may hear himself or may constitute a High Power Committee to Consider and decide the representations in accordance with law within a period or three months from the date or receipt or representations. The Chaimian or the Committee may evolve its own modalities for deciding the representations. It is made clear that if any grievance . x still remains, the parties may avail the remedy available under the M, 4 law . \ i @ 11. With the aforesaid observations, No. 3907/2003, 588/200 1 disposed or. all the writ petitiona bearing 3347/2003 and 3774/2003 stand 1'2. Conscqucntly, M.W.F. x disposcd of. and I.As., if any, also stand 3. 1 Copy of this order be placed in all the aforesaid Writ petitions, l4. Certified copy as per rules. Sdl- Fakhruddin K’ Judge 1 8~ 1 0-2004 , s