Janak Ram v. South Eastern Coal Field Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.326 of 2017 Janak Ram S/o Late Shri Dashe Ram, Aged About 26 Years T R W Category- I, Bagdeva Project, Sub Area, Dhelwadih, Sihali, S E C L, Korba, Distt. Korba (Chhattisgarh) ---- Petitioner

Versus

1. South Eastern Coal Field Limited Head Office At Seepat Road, Bilaspur Through Its Chairman-Cum- Managing Director, District Bilaspur (Chhattisgarh)

2. Managing Director (Ka./ Sh. Sh.) S E C L, Bilaspur, District Bilaspur (Chhattisgarh)

3. Area Personal Manager, S.E.C.L. Korba Area, Distt. Korba (Chhattisgarh)

4. Sr. Manager (Personnel), S.E.C.L. Dhel- Singhali- Bagdeva, Sub Area, Korba, Distt. Korba (Chhattisgarh)

5. Chief Personnel/ Regional Personnel Manager, S E C L, Korba Area, Distt. Korba (Chhattisgarh)

6. Sub Regional Manager, Dhelwadih, Singhali, Bagdeva, Sub Area, S E C L, District Korba (Chhattisgarh) --- Respondents For Petitioner : Mr. Anil Singh Rajput, Advocate For Respondents : Mr. K.K. Shrivastava, Advocate, on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/01/2017 (1) Heard.

(2) The petitioner has filed this writ petition challenging the orders dated 11/12.5.2016 (Annexure P/4), 26.09.2016 (Annexure P/5) & 29.09.2016 (Annexure P/6). The petitioner was initially appointed in Central Coalfields Limited at Area Hazari Bagh, Jhardkhand for the

work of surface job. He made an application for his transfer and thereafter, he has been transferred from Central Coalfields Limited to South Eastern Coalfields Limited vide order dated 03.05.2016. After his transfer to SECL, vide order dated 11/12.05.2016 passed by respondent No.2, he has been posted to work in underground mines at Korba Area. It is this order which is under challenge in this writ petition. (3) Learned counsel appearing for the petitioner submits that the petitioner was initially appointed for the work of open cost project/surface job in the Central Coalfields Limited, Ranchi.

The appointment terms and conditions of the petitioner is that he would only be given the work in the open cost project/surface job and not in underground mines, therefore, the petitioner was transferred in the same capacity and he should not be directed to work in the underground mines and should have been provided specific duty only. (4) Learned counsel appearing for the respondents submits that the petitioner has been transferred on his own request and while submitting his application for transfer, he has expressed that he has prepared to work in any Area/Unit in SECL, Bilaspur. (5) The appointment letter of the petitioner has been placed i.e. Annexure P/1. There is nothing to show that the petitioner would be placed only in open cost project/surface job and not in underground mines.

The petitioner on his own request has been transferred to the South East Coalfields Limited Headquarter, Bilaspur.

petitioner who has full knowledge that any kind of work could be alloted to him, cannot made any grievance, therefore, the petition is misconceived.

(7) Accordingly, the writ petition is dismissed.

Sd/- (Manindra Mohan Shrivastava) Judge L