IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 6771 of 1999 Between: 1 Velpula Ravinder, S/o Lingaiah, RK-1A incline, RamakrishnaPuram, Adilabad District. 2 Kalagura Gattaiah, S/o Lingaiah, RK-1A incline, RamakrishnaPuram, Adilabad District. 3 Kalavala Rayamallu, S/o Chandraiah, RK-1A incline, RamakrishnaPuram, Adilabad District. 4 Chinthakindi Rajaiah, S/o Bheemaiah, RK-1A incline, RamakrishnaPuram, Adilabad District. 5 Arepelli Rayamallu, S/o Durgaiah, RK-1A incline, RamakrishnaPuram, Adilabad District. ..... PETITIONERS AND 1 The General Manager, Singareni Collieries Company Limited, RamakrishnaPuram, Adilabad District. 2 The Calliery Manager, RK-1A incline, Singareni Collieries Company Limited, RamakrishnaPuram, Adilabad District. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents disengaging the petitioners from the posts of Pump Operators in RK-1A incline as illegal, arbitrary a part from being violative of fundamental rights guaranteed to the petitioners under the constitution of the India; and consequently direct the respondents to absorb the petitioners as Pump Operators and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Mr.V.SUBRAHMANYAM Counsel for the Respondents: Mr.K.SRINIVASA MURTHY The Court made the following : ORAL ORDER: This Writ Petition is filed seeking a Mandamus declaring the action of the respondents in disengaging the petitioners from the post of Pump Operator in RK-1A Incline as arbitrary and illegal, apart from being violative of Articles 14 and 16 of the Constitution of India and consequently to direct the respondents to absorb them as Pump Operators. According to the petitioners, they were all appointed in the respondent-company as Coal Fillers/Badli Coal Fillers. The post of Coal Filler/Badli Coal Filler carries the piece-rated emoluments, whereas the other categories, such as, General Mazdoor, Lineman, Timberman, Pump Operator carry the daily-rated emoluments. In daily rated jobs also, there are different categories, such as, Category I, II, III, IV, V etc. The post of Pump Operator, which is a daily-rated post, carries the pay of Category-III. The category-III posts carry less wages than the piece-rated posts, such as, Coal Fillers/Badli Coal Fillers etc. The procedure regarding the promotions in the respondent-company is basing on their continuous officiation or working in particular category. For example, the post of Lineman will be filled up by those persons, who have put in more number of acting ‘Musters’ in that particular category. In the similar fashion, the post of Pump Operator will be filled up by Coal Fillers/Badli Coal Fillers, who have been working continuously in the post of Pump Operator. Though the petitioners were appointed as Coal Fillers/Badli Coal Fillers, the respondent-company has been engaging them as Pump Operators for the past many years and as such, they are entitled for absorption as Pump Operators, since they have been officiating the said post for the last many years. Though the post of Pump Operator carries less pay, petitioners have been working as Pump Operators with a hope that they would be absorbed as Pump Operators, so as to improve their career, since there is no promotion channel for the posts of Coal Fillers/Badli Coal Fillers, unless they are brought into the channel of daily rated category. This procedure is in vogue in the company for the last five decades. Management entered into a settlement dated 31-1-1997 with five major Unions, wherein the issue of regularization of acting Pump Operators in pursuance of minutes of discussion dated 3-10-1996 was agreed upon. In pursuance of the settlement entered into, the respondent-company issued a Circular dated 16-7-1992 laying down the guidelines for regularization of Coal Fillers/Badli Coal Fillers, who have completed 190 Musters. Petitioners have put in more than 190 acting Musters on daily rated jobs in all the years from the date of their joining duty as Pump Operators and put in more than 240 Musters in every calendar year. In view of their continuous working as Pump Operators and also in view of the Circulars issued by the respondent-company and in pursuance of various Settlements, petitioners are entitled to be promoted as Pump Operators. Petitioners have been discharging their duties as Pump Operators continuously from January,1993 onwards. Therefore, in view of the Circular issued by the respondent-company dated 16-7-1992 and also subsequent settlement entered into with the Unions dated 3-10-1996 and a latest settlement dated 31-7-1997, petitioners are entitled to be absorbed as General Mazdoors. Instead of either absorbing as Pump Operators or converting them as General Mazdoors, the respondents have asked the petitioners to go back to the position of Coal Fillers/Badli Coal Fillers. Therefore, the action of the respondents is arbitrary and illegal, and liable to be declared as such. A detailed counter affidavit has been filed on behalf of the respondents denying the allegations made by the petitioner. The facts are not much in dispute. It is the case of the respondents that the Circular dated 16-7-1992 no way applies to the case of the petitioners. In the appointment order given to the petitioners, nowhere it is stated that they will be regularized in some posts other than the posts in which they were appointed. Those who were working as Coal Fillers for long periods of time have requested for lighters jobs and that was considered. Therefore, the petitioners were posted as Pump Operators. This does not mean that they will not come back to their original posts after some time. Petitioners had the benefit of officiating in a lighter job and the similarly placed Coal Fillers are also requesting that they should also be given some similar lighter jobs for some time. This is an administrative mechanism, wherein no express office orders were issued changing the terms and conditions of service of the employees. The case of the petitioners that others are being appointed as Pump Operators in their place is without any merit. In the administrative exigencies, some jobs will be allotted to the employees keeping in view their terms and conditions of service. That does not mean that they should be regularized in the said posts after some time. The Writ Petition is devoid of merits and is liable to be dismissed. Heard both sides. I have given my earnest consideration to the respective submissions made by the learned counsel on either side and perused the material made available on record. The grievance of the petitioners seem to be that they have been appointed as Coal Fillers/Badli Coal Fillers somewhere in the year 1993. Thereafter, in view of their own request, they have been posted as Pump Operators. The counter averments reveal that posting of Pump Operator is not a matter of right, but only the request of some employees was being considered in view of the nature of job attended to by them as Coal Fillers/Badli Coal Fillers, by rotation. Further, petitioners have not demonstrated that they are entitled for regularization in the post of Pump Operator. May be, they are entitled for regularization of their services in the cadre of Coal Filler/Badli Coal Filler/General Mazdoor etc. It is not the case of the respondents that the petitioners do not deserve regularization of their service as Coal Filler/Badli Coal Filler/Mazdoor etc. In view of the above, without expressing any opinion on merits, the respondents are directed to consider the case of the petitioners for regularization of their services in any suitable post to which they are entitled to, on par with their junior whose services have been regularized in the said cadres, as per law, and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this Order and communicate the same to the petitioner. With the above direction, the Writ Petition is disposed of. No order as to costs. 07-3-2008 prk