High Court Jharkhand High Court

Indradeo Bhandari vs M/S Bharat Coking Coal Limited on 16 May, 2011

Jharkhand High Court
Indradeo Bhandari vs M/S Bharat Coking Coal Limited on 16 May, 2011
IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            W.P.(S) No.852 of 2010

                Indradeo Bhandari                                   .... Petitioner
                                           Versus
                M/s. BCCL & Ors.                                    ...Respondents

                Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari

                For the Petitioner        : Mr. S. Prasad, Advocate
                For the Respondents       : J.C. To Mr. A. Sen, Advocate
                                      -----

   3/16.05.2011

In this petition, the petitioner has prayed for a direction on the
respondents to consider his seniority and promote him to Grade B post, as has
been done in the cases of similarly situated persons and even junior to him.

It has been stated that the petitioner was appointed as temporary
Engineering Mazdoor (Fitter) on 6.9.1986. His services were regularized in
category D post by Reference dated 10.12.1990. The petitioner was
subsequently given promotion to Grade C w.e.f. 1.1.2000.

The grievance of the petitioner is that by that date he was entitled to get
Grade B post, as has been given to the persons, who are juniors to the
petitioner. The petitioner being aggrieved by the same filed representation
before the respondents and made repeated requests, but till date no order has
been passed by the respondents.

Learned counsel for the respondents submitted that the General
Manager, Area IX Basta Colla, Bharat Coking Coal Limited, Dhanbad-
respondent no.3 is the competent authority to consider the petitioner’s claim and
pass appropriate order and if the petitioner’s representation is still pending or if
he files fresh representation, the same shall be considered by the said
respondent and appropriate order shall be passed without further delay.

Considering the said submissions, this writ petition is disposed of giving
liberty to the petitioner to file a fresh representation before the General
Manager, Area IX Basta Colla, Bharat Coking Coal, Limited, Dhanbad-
respondent no.3. On receipt of petitioner’s representation, the said respondent
shall consider the same and pass appropriate order in accordance with law
within a period of six weeks from the date of receipt of representation.

( Narendra Nath Tiwari, J.)
s.b.