THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
WRIT PETITION Nos.39793 OF 2018, 1168 AND 1181 OF 2020
COMMON ORDER:
Since the issue involved in all these writ petitions is same, they
are heard together and are disposed of by this common order.
2. I have heard the submissions of Sri G.Allabakash, Learned
Counsel for the petitioners, Sri P.Sri Harsha Reddy, learned Standing
Counsel for Singareni Collieries Company Limited appearing for
Respondents and perused the record.
3. Petitioners in these writ petitions are aggrieved of not extending promotion to higher grades in terms of the judgment of the Hon'ble Supreme Court in C.A.Nos.17869-17870/2017, dated 03.11.2017 1 and sought consequential direction directing the respondents to extend periodical promotions and the consequential monetary benefits.
4. All the petitioners are employees of Singareni Collieries Company Limited. Petitioner in W.P.No.39793 of 2018 was appointed as Electrician on 18.11.1986 and subsequently promoted as Junior Executive Trainee (E & M) E-2 Grade with effect from 28.11.2008 and was not granted subsequent promotions. Petitioner in 1 2018 (1) SCC 468 2 JS, J W.P.Nos.39793of2018&1168&1181of2020 W.P.No.1168 of 2020 was appointed as EP Electrician on 22.01.1988 and was promoted as Assistant Engineer (E-2) on 09.07.2019 and subsequently promoted as Executive Engineer (E-4) Grade on 01.10.2022, whereas, he was actually entitled for promotion as Assistant Engineer (E-2) Grade from 26.10.2010. Similarly, the petitioner in W.P.No.1181 of 2020 was appointed as Assistant Foreman (Electrical) on 18.01.1990 and subsequently promoted as Assistant Engineer (E2) on 09.07.2019 and further promoted as Executive Engineer (E-4) Grade on 01.10.2022, whereas he was actually entitled to be promoted to the post of Assistant Engineer (E-2) Grade with effect from 26.10.2010.
5. When the matter is taken up, it is submitted by the learned counsel for the petitioners that the petitioners were denied promotions on the ground that the Diploma Certificates produced by them were not valid. When the said matter was carried before the Supreme Court, the Hon'ble Supreme Court, in C.A.Nos.17869- 17870/2017, passed orders on 03.11.2017 directing the Management to conduct eligibility test and the employees clearing such test shall be promoted without reference to the validity of their Diploma Certificates.
6. The learned counsel for petitioners has further submitted that the issue involved in these writ petitions is squarely covered by the 3 JS, J W.P.Nos.39793of2018&1168&1181of2020 judgment of this Court in W.P.No.540 of 2021, dated 08.06.2023, wherein, while referring to the aforesaid judgment of Hon'ble Supreme Court, this Court has directed the respondents to extend promotions and consequential benefits to the petitioner therein. Accordingly, he prayed for disposal of these writ petitions also in terms of the earlier orders of this Court in W.P.No.540 of 2021, dated 08.06.2023.
7. Learned Standing Counsel for Singareni Collieries Company Limited does not dispute the same and has not objected for disposal of these matters in terms of earlier orders of this Court.
8. In view of the above submissions and for the reasons recorded in the order, dated 08.06.2023 in W.P.No.540 of 2021, all these writ petitions are allowed directing the respondents to extend promotions and consequential benefits with effect from 28.11.2008 to the petitioner in W.P.No.39793 of 2018 and with effect from 26.10.2010 to the petitioners in W.P.Nos.1168 and 1181 of 2020, within a period of three months from the date of receipt of a copy of this order. No costs.
Pending miscellaneous applications, if any, shall stand closed.
________________ JUVVADI SRIDEVI, J Date:11.10.2023 Ksk