Case: Ramanuj Prasad Vs. Coal India Ltd.

1. Bharat Coking Coal Limited (in short the BCCL) is a subsidiary company of Coal India Limited. On 27th March, 1975, the appellant was appointed in BCCL as a Draftsman. It is alleged that subsequently on 20th November, 1987, the appellant was promoted to Executive cadre as Public Relation Officer inGrade. On 9th May, 1990, the appellant took charge of the office of Public Relations Manager, which was ofGrade.2. On 20th January, 1993, a circular was issued providing therein that for promotion fromcadre to the Executive cadre in public relations office, the candidate must possess a Post Graduate Degree/Diploma in Journalism/Public Relations and also to pass the qualifying examination. The appellant was not subsequently promoted allegedly on the ground that he did not possess the requisite qualification.3. It is at this stage the appellant herein filed a writ petition under Article 226 of the Constitution before the Calcutta High Court for issuing a direction tot he respondents herein to promote him toGrade and in the alternative to regularise his services in the said Grade.4. A learned Single Judge of the High Court was of the view that since the appellant herein was working on the post ofGrade for the last 10 years, his services are liable to be regularised. Consequently, the writ petition was allowed and the order to that effect was issued to the respondents. The respondents thereafter preferred a Letters Patent Appeal before the High Court and the Division Bench of the Calcutta High Court, reversed the judgment of the learned Single Judge. Consequently, the appeal was allowed. It is against the said judgment, the appellant has come in appeal before us.

Reasoning:
7. It is not in dispute that the appellant was not promoted to the post of Public Relations Manager. Shri R.N. Dwivedi who held the said post was asked to hand over the charge to the appellant. Pursuant to and in furtherance whereof he began discharging his duties in the said post. In absence of any order of promotion passed in favour of the appellant to the post of Public Relations Manager, he by no stretch of imagination was entitled thereto. He did not have any legal right to continue to hold the said post and no writ of mandamus therefor could be issued. It appears that before the Division Bench of the Calcutta High Court an additional affidavit was filed by the respondents herein the material portion whereof is as9.5.1990 when Mr. Dwivedi was directed to hand over charge of his office to the writ petition, the writ petitioner was anGrade Officer. His designation was Public Relations Officer. By an office order dated 2.8.1991 the writ petitioner was promoted to the post of Senior Public Relations Officer inGrade. After completion of three years of service inGrade, the case of the writ petitioner was considered by the D.P.C. for promotion in the higher Grade. The meeting of the D.P.C. was held on 20.7.1995. The writ petitioner was however not recommended for promotion fromGrade due to lack of qualification. Subsequently, in the meeting held on 22/23rd May, 1996 the case of the writ petitioner again came up for consideration for promotion from4 Grade but the same did not meet any truthful result. So was the case with the writ petition in the meeting of the D.P.C. held on 2/3rd December, 1997. No meeting of the D.P.C. was held between 1998 and 1999. Subsequently decision for relaxation of qualification was taken in the meetings dated 5.5.1999 and 7.5.1999 for those candidates who have completed 5 years of service in their existing Grade and have bagged three excellent ratings in the Executive Evaluation Report. The case of the writ petition was also considered and relaxation as granted. On the basis of such relaxation the D.P.C. met on 20/21st January, 2000 and recommended the case of the writ petition for promotion from4 Grade which however has not been made available to the writ petition due to pendency of this proceedings."