Chattisgarh High Court
Mohd. Ashif Hanifi vs Union Of India And Others on 17 June, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No.836 of 2009
Mohd. Ashif Hanifi, S/o Mohd. Ismail Hanifi, aged 53 years,
Occupation Service, Presently posted as Senior Clerk, E&M Section,
South Eastern Coalfields Limited Head Quarters, Seepat Road,
Bilaspur, R/o B-23, Indira Vihar, Seepat Road, Bilaspur (C.G.)
---- Petitioner
Versus
1. Union of India, through the Secretary, Ministry of Coal, Nirman
Bhawan, New Delhi.
2. Coal India Limited, through its Chairman, Coal Bhawan, 10, Netaji
Subhash Road, Kolkata (W.B.) 700 001.
3. South Eastern Coalfields Ltd., a subsidiary of Coal India Limited,
through its Chairman cum Managing Director, Registered Office at
Seepat Road, Bilaspur.
4. The Director (Personnel), South Eastern Coalfields Ltd., Seepat Road,
Bilaspur.
5. The Chief General Manager, P&A, South Eastern Coalfields Ltd.,
Seepat Road, Bilaspur.
6. The Dy. C.P.M. (A & IR), South Eastern Coalfields Ltd., Seepat Road,
Bilaspur.
---- Respondents
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For Petitioner: Mr. Sourabh Sahu, Advocate.
For Respondents No.2 to 6: Mr. Vinod Deshmukh, Advocate.
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Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
17/06/2021
1. Proceedings of this matter have been taken-up through video
conferencing.
2. The short grievance raised by the petitioner is that he is entitled for
seniority from 4-12-1986 to 8-7-1994 on the subject post.
3. Mr. Vinod Deshmukh, learned counsel appearing for respondents
No.2 to 6, at the outset, submits that the committee appointed by the
South Eastern Coalfields Limited (SECL), has considered the
grievance of the petitioner in its report dated 17/18-12-2014, which
has been filed in this petition, in which it has clearly been recorded
that promotion of the petitioner may be considered notionally
considering his inter se seniority position at the time when his co-
employees were promoted, as such, the fact of promotion has been
considered, therefore, the petitioner's grievance has been redressed
to which Mr. Sourabh Sahu, learned counsel appearing for the
petitioner, submits that he is not aware of any consequential order
passed on the basis of report dated 17/18-12-2014.
4. I have heard learned counsel for the parties and considered their rival
submissions made herein-above and also went through the record
with utmost circumspection.
5. Last two paragraphs of the report dated 17/18-12-2014 states as
follows: -
"Based on available records and by considering the
views / option of Advocate, it is felt that, length of service
simply cannot be over looked. This needs to be
considered. Posting on the roll of Coal India Limited or
SECL does not make any sense. According to length of
service / experience he is entitled for seniority as well as
promotion from the date his co-employee got promotion.
To address the grievance and settle the issue of Shri
Md. Ashif Hanifee it is suggested that his promotion may be
considered Notionally from the date Shri Md. Ashif Hanifee
completed cadre norms of each post taking into
consideration also his inter-se-seniority position at that
point of time, when his co-employee were promoted.
However his back wages for that period should not be
considered for payment as per various Supreme Court /
High Court judgments in this regard, as he was not holding
the post during that period of time."
6. Considering that the committee had already considered the case of
the petitioner favourably for notional promotion and also considering
his inter se seniority position, therefore, this writ petition is disposed of
directing the SECL to pass consequential order in terms of the report
dated 17/18-12-2014 within thirty days from today, if not already
passed. No order as to cost(s).
Sd/-
(Sanjay K. Agrawal)
Judge
Soma
