J. Sunitha v. The Singareni Collieries Company Limited And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.25318 OF 2019

ORDER

This writ petition is filed seeking the following relief: "...to issue any writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not upgrading me to the posit of Estates Officer (E2 Grade) from the date of my initial appointment i.e., 09/11/2017 in terms of minutes approved Note No. CRP/PER/CN/14/676, dated 29.08.2014 of Board of Directors of the 1st respondent and Circular No.CRP /PER/C/013/2636, dated 01/10/2014 and further promoting me to Estates Officer (E3 Grade) on completion of one year of service as arbitrary, illegal, bad in law, violative of Article 14 of the Constitution of India and consequently direct the respondents to upgrade me to the post of Estates Officer (E2 Grade) from the date of initial appointment i.e 09/11/2017 and further to the post of Estates Officer (E3 Grade) in terms of minutes approved Note No.

CRP/PER/CN/14/676, dt 29.08.2014 of Board of Directors of the 1st respondent and Circular No. CRP/PER/C/013/2636, dt 01/10/2014, further direct them to extent monetary benefit from the date of deemed appointment with all consequential and attendant benefits and pass such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case."

Heard Sri P.V.L.Bhanu Prakash, learned counsel appearing for the petitioner, and Sri J.Sreenivasa Rao, learned Standing Counsel appearing for the respondent-Company.

Initially, the petitioner was appointed as Junior Estates Officer on 9.11.2017 in pursuance of the notification No.1 of 2013, dated 11.4.2013. Her grievance is that similarly situated employees, who were appointed under the same notification, have been upgraded as E-2 Grade with retrospective effect from their initial appointment with all monetary benefits vide office order dated 1.3.2015 and they were promoted as E-3 Grade Officers. Hence, the petitioner made representations to the respondents on 1.3.2019 and 1.10.2019 requesting them to upgrade her to the post of Estates Officer (E-2) Grade from the date of initial appointment i.e., 9.11.2017 and promote her to the post of Estates Officer (E-3) Grade. But, so far, no orders have been passed.

Learned counsel appearing for the petitioner contends that appropriate orders be passed in the writ petition directing the respondents to consider the representations submitted by the petitioner and pass appropriate orders in accordance with the minutes approved by the Board of Directors dated 29.8.2014 and Circular dated 1.10.2014.

Learned Standing Counsel appearing for the respondents contended that since the representations submitted by the petitioner are pending with the respondents,

the respondents would consider the same and pass appropriate orders thereon.

Having considered the rival submissions made by the learned counsel on either side, this Writ Petition can be disposed of directing the respondents to consider the representations dated 1.3.2019 and 1.10.2019 submitted by the petitioner and pass appropriate orders in accordance with law, by duly taking into consideration the minutes of Board of Directors dated 29.8.2014 and Circular dated 1.10.2014., within a period of eight weeks from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, pending, if any shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 19.11.2019 rkk