Mahendra Kumar & Ors vs Coal India Limited & Ors
2024 Latest Caselaw 1154 Jhar

Jharkhand High Court

Mahendra Kumar & Ors vs Coal India Limited & Ors on 5 February, 2024

Author: S.N. Pathak

Bench: S.N. Pathak

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            W.P.(S) No. 2241 of 2014
      Mahendra Kumar & Ors.                              .... .... Petitioners
                                        Versus
      Coal India Limited & Ors.                          .... ... Respondents
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK

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For the Petitioners : Mr. Sameer Saurabh, Advocate For the Respondents : Mr. Arun Kumar Sinha, Advocate

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13/ 05.02.2024 Earlier the petitioners had knocked the door of this Court in W.P.(S) No. 4058 of 2005 challenging the order dated 7.2.2004 whereby claim of the petitioners for promotion was rejected. This Court by judgment dated 5.4.2012, after setting aside the order dated 7.2.2004 disposed of the writ petition with direction upon the respondents to consider the case of the petitioners after collecting the requisite data, if not collected so far, as also various documents annexed to this petition.

Since the order dated 7.2.2004 was quashed and set aside by this Court, it is expected from the concerned respondent to reconsider the case of the petitioners after collecting the requisite data, if no collected so far along with other documents.

Pursuant to the direction passed by this Court, the respondents have once again rejected the claim of the petitioners by order dated 1.1.2013, which is impugned in the present writ petition, on the ground that there cannot be comparison between two separate cadre schemes and as such, the claim of the petitioners does not merit any consideration.

However, from perusal of the impugned order dated 1.1.2013, it is not clear as to whether the respondents after collecting the requisite data along with other documents have acted upon as per orders of this Court holding before that there cannot be any compassion between two cadre schemes.

Let a specific affidavit be filed by the respondents stating therein as to whether they have acted strictly as per the direction passed by this Court in W.P.(S) No. 4058 of 2012 while rejecting the claim of the petitioners.

Put up this case on 28.02.2024 to enable the learned counsel for the respondents to file specific affidavit, as indicated above.

(Dr. S.N. Pathak, J.) R.Kr.