Telangana High Court
G. Damodar Kumar vs The Singareni Collieries Company ... on 11 October, 2023
Bench: Juvvadi Sridevi
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
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
