Telangana High Court
Vainala Rajaiah vs Singareni Collieries Company Limited on 1 April, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.12759 OF 2021
ORDER:
Heard Sri M.Rammohan Reddy, learned counsel appearing on behalf of the petitioner and Sri P.Sri Harsha Reddy, learned standing counsel for SCCL appearing on behalf of the respondents.
2. The petitioner approached the Court seeking prayer as under:
"...to issue an order/direction more particularly one in the nature of a writ of mandamus directing the respondents may be directed to grant the petitioner the annual increments for the period 1995 to 2000 either in the category of General Mazdoor or in the category of Driver and grant the petitioner up gradation every seven years to next higher category/grade for the period of the petitioner service and pass..."
3. It is specific case of the petitioner that the petitioner was appointed as General Mazdoor in Category- I on wage basis by the office order Ref No. PUP/2D/899 dated 05.11.1987 of Dy. CME (UGP) Ramagundam, Singareni Collieries Company Limited and was placed on probation. Subsequently, by order dated 03.10.1988, the petitioner's probation was declared to have 2 SN, J been satisfactorily completed and the petitioner was confirmed as General Mazdoor in Category- I, from 05.02.1988.
It is further the case of the petitioner that the petitioner was provisionally selected as Driver by the Superintendent of Mines, on 31.01.1995 and the petitioner's probation was declared to have been satisfactorily completed whereby, the petitioner was confirmed as Driver in Cat-V, from 09.08.1995. However, by the order dated 07.12.2000 of the Chief General Manager, Ramagundam Area-I, SCCL, the petitioner was reverted to the post of General Mazdoor stating that the petitioner was charged for Misconduct under company's standing order for giving false information regarding the petitioner's driving license for securing the post of driver. The petitioner continued to work as General Mazdoor and retired on 31.12.2019. However, the increments paid to the petitioner during the petitioner's tenure as Driver from 1995-2000, were recovered on the ground that the petitioner was reverted from the post of driver as a measure of penalty. Further, during the petitioner's service, the petitioner was not given Service Linked Promotion Grades which are due to be given every seven years. 3
SN, J Aggrieved by the said action of the respondents, the present Writ Petition is filed.
PERUSED THE RECORD.
4. The counter affidavit has been filed on behalf of the respondent Nos. 1 & 2 and in particular para Nos.7 & 8 are extracted hereunder:-
7. In reply to Para 4, it is submitted that the petitioner was not promoted to next higher category during the period from 02.12.2000 to 31.12.2019 as he secured MV driver post in the Respondent Company fraudulently by producing fake Driving License and because of his misconduct on proved charges, he was reverted to his substantive post of General Mazdoor. Further it is submitted that the petitioner never represented to the Management for promotion until his attaining the age of superannuation on 31.12.2019. It is only as an afterthought that he has resorted to litigation. The petitioner didn't represent the matter as long as he was in service knowing pretty well that he was reverted to his substantive post of General Mazdoor from Driver, for proved charges of having played fraud with Company in the selection process of Drivers by producing fake Driving License and having secured Drivers post, which attracted adverse action on his service conditions. As he was reverted to his substantive post of General Mazdoor (UG) Cat-1 on proved charges under C.S.Os 25 (1) & 25 (10) for fraud on 02.12.2000 his case for upgradation to General Mazdoor Cat-II, III etc was not considered and in the mean time superannuated from the services of the respondent company on 31.12.2019 and he has not staked his claim for upgradation while in service.
8. Further, it is submitted that the petitioner was recently upgraded to higher Category under Service Linked Up 4 SN, J gradation scheme vide office order no.RG-I/PER/9/4242, dtd. 07.08.2023, with effect from 01.01.2009 and also with effect from 01.01.2017 (The petitioner was granted two Service Linked Up gradations). The basic pay of the petitioner has been upgraded from Rs. 1873.87/- to Rs.1930.09/-. Further, the arrears pay sheet pertaining to the petitioner has been sent to Internal Audit Department and after necessary scrutiny, the arrears amount will be paid to the petitioner immediately as soon as it is received.
5. Para No.4 of the affidavit filed by the petitioner in support of the petitioner's case in the present Writ Petition is extracted hereunder:-
4. During my service I have not been given Service Linked Promotion Grades which are due to be given every seven years. As per Memorandum of Agreement- National Coal Wage Agreement VII, dated 15.07.2005 para 2.11.0 & Para 2.11.1. This scheme was there earlier also. Daily rated and monthly rated employees who have remained in the same category/grade for a period of 7/8 years (underground/surface workers respectively) or more would be upgraded in the next higher category/grade. Such up gradation will be undertaken once in a year on 1st January and so on. Since I was an underground daily wage employee. I am entitled to up gradation to next higher category/grade every seven years. I had stagnated without even a single promotion in my service career. Though, I got promotion as Driver that had been taken away as a measure of punishment.
6. Learned counsel appearing on behalf of the petitioner placing reliance on the specific averments made by the petitioner at para No.4 of the affidavit filed by the petitioner in support of the present Writ Petition (referred 5 SN, J to and extracted above) and also the representations of the petitioner, dated 12.06.2019 and 09.12.2019 addressed to the 1st respondent herein, requested for restoration of increments on General Mazdoor Post, specifically pleading that the petitioner had been appointed as General Mazdoor from TTM job vide office order No.PUP/2D/899, dated 05.11.1987 w.e.f.01.11.1987 and posted to work at GDK.11 Incline and was confirmed in the said post on petitioner's satisfactory service and during the year 1994, Internal drivers post was declared in petitioner's area and petitioner had applied for Driver post and was selected as Driver w.e.f. 01.09.1994 vide office order No.RG.I/5/702, dated 09.02.1995 and posted to work at Transport Section. Learned counsel appearing on behalf of the petitioner further submits that later when petitioner worked as Driver, a charge sheet was issued to the petitioner on the ground that the petitioner misrepresented and furnished false information pertaining to the petitioner's driving license while applying for Driver post, and in fact the petitioner had not submitted any 6 SN, J license for Driver Post and the enquiry was conducted and as punishment reversion to a lower stage was imposed on the petitioner without petitioner's earned increments. The petitioner through petitioner's representations dated 12.06.2019 & 09.12.2019 specifically requested the 1st respondent to restore petitioner's earlier increments on petitioner's previous designation and arrange to provide Cat.II on putting petitioner's service as General Mazdoor Cat.I since 1998 and also to revise petitioner's basics including wage revision as per NCWA stages from IV to X and do the needful, however no order had been passed on the said representations as on date. Aggrieved by the same, the petitioner approached the Court by way of filing the present Writ Petition.
7. Learned standing counsel appearing on behalf of the respondents placing reliance on the averments made in the counter affidavit (referred to and extracted above), contends that the petitioner was recently upgraded to higher Category under Service Linked Up gradation scheme vide office order No.RG-I/PER/9/4242, dated 07.08.2023 with effect from 01.01.2009 and also with 7 SN, J effect from 01.01.2017 and the petitioner was granted two service Linked Up gradations and the basic pay of the petitioner also had been upgraded from Rs.1873.87/- to Rs.1930.09/- and the arrears amounts also would be paid to the petitioner as soon as the same are received since the arrears pay sheet pertaining to the petitioner had been sent to Internal Audit Department and after necessary scrutiny, the arrears amount due to the petitioner would be paid to the petitioner. Therefore, the present Writ Petition as prayed for by the petitioner directing the respondents to grant the annual increments for the period 1995 to 2000 either in the category of General Mazdoor or in the Category of Driver and further to grant the petitioner up gradation every seven years to next higher category/grade for the period of petitioner's service of the petitioner cannot be granted and the petitioner's claim for up gradation after petitioner's retirement from service is not permissible.
8. Learned standing counsel appearing on behalf of the respondents however submits that the respondent- corporation may be directed to consider the grievance of 8 SN, J the petitioner as put-forth by the petitioner vide petitioner's representations, dated 12.06.2019 & 09.12.2019 addressed to the 1st respondent in accordance to law within a reasonable period.
9. Learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned standing counsel appearing on behalf of the respondents. DISUCSSION AND CONCLUSION:-
10. It is specific case of the petitioner that the petitioner is entitled to up gradation to next higher category/grade every seven years and the petitioner had been stagnated without even a single promotion in petitioner's entire service career.
11. A bare perusal of the record and the averments made in the counter affidavit filed on behalf of the respondents clearly indicates that the grievance of the petitioner as put-forth in the representations, dated 12.06.2019 & 09.12.2019 addressed to the 1st respondent seeking restoration of increments on General Mazdoor 9 SN, J Post had not been considered, but however at para No.8 of the counter affidavit, it is specifically averred that the petitioner was granted two service Linked up gradation.
12. This Court opines that the plea of the learned standing counsel appearing on behalf of the respondents that the petitioner had put-forth petitioner's claim for up gradation after petitioner's superannuation is factually incorrect and contrary to record and untenable since the representations of the petitioner admittedly are prior to petitioner's superannuation, since the petitioner superannuated from service on 31.12.2019 whereas the representations of the petitioner dated 12.06.2019 & 09.12.2019 addressed to the 1st respondent are prior to petitioner's retirement from service.
13. Taking into consideration:-
a) The aforesaid facts and circumstances of the case.
b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned standing counsel appearing on behalf of the respondents.10
SN, J
c) The averments made in the counter affidavit filed on behalf of the respondents (referred to and extracted above)
d) The contents of the petitioner's representation, dated 12.06.2019 & 09.12.2019 addressed to the 1st respondent herein had not been considered as on date even as per the averments made in the counter affidavit filed on behalf of the respondents.
The Writ Petition is disposed of directing the 1st respondent to consider the grievance of the petitioner as put-forth vide petitioner's representations, dated 12.06.2019 & 09.12.2019 seeking restoration of increments on General Mazdoor Post and petitioner's request to revise petitioner's basics including revision as per NCWA stages from IV to X in accordance to law within a period of four (04) weeks from the date of receipt of copy of the order by providing an opportunity of personal hearing to the petitioner and pass appropriate orders on petitioner's representations, dated 12.06.2019 & 09.12.2019 addressed to the 1st respondent herein and duly communicate the decision on the said 11 SN, J representations to the petitioner. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 01.04.2025 ktm