Allahabad High Court
Rama Kant Pandey & Another vs Union Of India & Others on 5 August, 2010
Bench: Sunil Ambwani, Kashi Nath Pandey
Court No. - 29 Case :- WRIT - A No. - 6039 of 1998 Petitioner :- Rama Kant Pandey & Another Respondent :- Union Of India & Others Petitioner Counsel :- A.K. Upadhyaya Respondent Counsel :- S.S.C.,S.M. Dayal Hon'ble Sunil Ambwani,J.
Hon'ble Kashi Nath Pandey,J.
Heard Sri A.K. Upadhyaya, learned counsel for the petitioners. Learned standing counsel appears for respondents.
By this writ petition, the petitioners have prayed for quashing the wireless message dated 4.11.1997 received by the petitioner No.1 on 17.11.1997, and order dated 15.1.1998 passed by respondent No.5. They have also prayed for a direction to consider and promote them on executive post (Engineer Grade E2) since 31.1.1995. The petitioners have also prayed for considering them for promotion along with persons who are eligible for promotion on executive post, in the year 1995. By an amendment, the petitioners have prayed for directions to quash the letter dated 19.11.1998 and 31.3.1998 fixing date of eligibility for promotion.
It is admitted that for promotion from non-executive to executive grade, under para 4.10.4 (a) of Common Coal Cadre, the engineering staff having diploma in engineering will be considered for promotion to the extent of 33.1/3% in each year through process of selection test and interview. The relevant portion of para 4.10.4 of the Common Coal Cadre is quoted hereunder below:-
"4.10.4. Promotional Opportunities Available to Diploma Holders and 'A' and 'B' Class Certificate Holders in Engineering (Non-mining) Discipline
(a) From Non-executive to Executive Grade.
As a promotional avenue, the non-executive and other subordinate engineering staff having diploma in engineering will be considered for promotion to the extent of 33.1/3 % in each year through the process of selection test and interview."
The examination, which was going to be held in the year 1996, was stayed by an interim order dated 12.12.1996 as modified on 16.12.1996 by the Ranchi Bench of the Patna High Court. The learned counsel for the petitioners states that the stay order has since been vacated but that the selection test has not been held so far.
The petitioners have raised objections to their appearing in the examination on the ground that they should be allowed to appear along with the persons who were eligible for promotion in the year 1997. The delay in holding the examination has resulted in clubbing of the vacancies and allowing the petitioners to appear in the selections along with their juniors, substantially reducing the petitioners' chances of promotion.
The promotions to the executive cadre from non-executive cadre are by way of process of selection through test and interview. It is admitted to the petitioners that they have to pass the test and interview for being considered for promotion, and this process has not much to do with limiting the number of candidates. Until the petitioners clears the test and interview, they cannot be considered for promotion. The question of assignment of vacancies, in accordance with the eligibility of the petitioners along with those who are eligible with them for relevant years may be considered subsequently. The test provided in para 4.10.4, is a qualifying test and not a competitive test, to select persons for promotions, limited to a number of posts.
In the counter affidavit it is stated that in the test, which was going to be conducted in the year 1996, all such persons who are appointed in the year 1988 and have been placed in T & S Grade-A as Engineering Asstt. (Civil) w.e.f. 31.7.1993, and were eligible to appear at the examination were to be considered for the promotional post.
Sri A.K. Upadhyaya, learned counsel for the petitioners states that the petitioners are prepared to appear in the test but their promotion may be considered along with the persons who were eligible with them at the time when the vacancies had arisen.
We find that the insistence of the petitioners to appear in the examination only along with the persons who are eligible at the year 1996 is entirely misplaced. The process of selection and appointment on the post of Executive cadre by promotion was stayed on account of interim order passed by the Ranchi Bench of Patna High Court. The writ petition has since been disposed of by the Ranchi Bench of Patna High Court (now Jharkhand High Court). It is only when the petitioners clear that test, then the question of assignment of vacancies would arise. The petitioners shall be at liberty to challenge the decision, if he is superceded, when the occasion so arises.
The writ petition is disposed of with these observations.
Order Date :- 5.8.2010 nethra