Allowed

Prashenjit Mitra v. South Eastern Coal Fields Limited And Ors.

Chhattisgarh HC12 Sept 2023WPS/4247/2014

Case brief

AI extract

What is this about?

Single Judge Writ Petition wherein Court directed S.E.C.L. to communicate non-communicated 'POOR' Career Rating (C.R.) scores. Due to nullification of service implications and right to representation laid down in Dev Dutt case, SC directed authorities to issue rating and fix a date for promotion.

What did the court decide?

Court directed S.E.C.L. authorities to communicate non-communicated C.R. (2008-09, 2009-10) within two months and consider petitioner for promotion with all consequential benefits if upgraded.

Prashenjit Mitra Vs South Eastern Coal… — Pension and Retirement Benefits | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 4247 of 2014

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Prashenjit Mitra S/o Late S.C. Mitra, aged about 49 Years, Working As Clerk Grade -1, Department S.E.C.L. Head Quarter Seepat Road Bilaspur Post SECL Post Box No. 60, P.S. Sarkanda Distt. Bilaspur, Chhattisgarh

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---- Petitioner

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Versus

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South Eastern Coal Fields Limited Through The Chairman Cum - Managing Director, S.E.C.L. Head Quarter, Seepat Road, Bilaspur, Post S.E.C.L., Post Box No.60, P.S. Sarkanda, District Bilaspur, Chhattisgarh

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Director (Personnel), S.E.C.L., Head Quarter, Seepat Road, Bilaspur, Post S.E.C.L., Post Box No. 60, P.S. Sarkanda, District : Bilaspur, Chhattisgarh

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General Manager (P & A) S.E.C.L., Head Quarter, Seepat Road, Bilaspur, Post S.E.C.L., Post Box No. 60, PS Sarkanda, District : Bilaspur, Chhattisgarh

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General Manager (R And R) S.E.C.L., Head Quarter, Seepat Road, Bilaspur, Post S.E.C.L., Post Box No. 60, PS Sarkanda, District : Bilaspur, Chhattisgarh

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Senior Manager (P-A/W) S.E.C.L., Head Quarter, Seepat Road, Bilaspur, Post S.E.C.L., Post Box No. 60, PS Sarkanda, District : Bilaspur, Chhattisgarh

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Shri Salil Dutta, Internal Audit Department, S.E.C.L., Head Quarter, Seepat Road, Bilaspur, Post S.E.C.L., Post Box No. 60, PS Sarkanda, District : Bilaspur, Chhattisgarh

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Shri N.J.Kumar, System Department, S.E.C.L., Head Quarter, Seepat Road, Bilaspur, Post S.E.C.L., Post Box No. 60, PS Sarkanda, District : Bilaspur, Chhattisgarh

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---- Respondents

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(Cause title taken from Court Information System)

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For Petitioner : Mr. C. Jayant K. Rao, Advocate. For Respondent Nos.1 to 5 : Mr. R.K. Gupta, Advocate.

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Hon'ble Smt Justice Rajani Dubey

Order on Board

12/09/2023

1 . Heard Mr. C. Jayant K. Rao, learned counsel for the petitioner. Also heard Mr. R.K. Gupta, learned counsel for respondent Nos. 1 to 5.

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2 . The present writ petition has been filed by the petitioner with the following prayers:-

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“10.1 That, this Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus setting aside the order dated 2/4.04.14 (Annexure P-1).

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10.2 That this Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus setting aside the promotion order dated 1.01.10 and promotion order 28/29.06.13 in respect to respondent no.6 and 7 to the post of Senior Clerk.

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10.3 That this Hon’ble Court may kindly be pleased to issue a direction to the respondents authorities to consider the petitioner for the post of Senior clerk looking to the services of the petitioner.

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10.4 That this Hon’ble Court may kindly be pleased to issue a direction to the respondent’s authorities to provide all the consequential benefits to the petitioner.

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10.5 To grant any other relief as it may deems fit and appropriate.

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10.6 Cost of the petition.”

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3 . Learned counsel for the petitioner submits that the case of the petitioner squarely covers by the decisions of Hon’ble Apex Court in the matter of Dev Dutt V. Union of India and

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Others 1, Sukhdev Singh V. Union of India and Others 2 and the decision of this Court in the matter of Dr. Hem 3

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Kalyan Singh Gajendra V. State of Chhattisgarh & Ors. . Therefore, the instant petition may be disposed of in terms of order passed in the above referred cases.

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4 . Respondents/SECL authorities, in para 8.10 and 8.11 of their reply, have admitted that the C.R. rating of the petitioner for the year 2006-07, 2007-08, 2008-09 and 201213 was ‘POOR’ and the same was not communicated to him, as for non-executive cadre employees there is no practice in vogue to communicate their C.R. ratings every year.

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5 . Hon’ble Apex Court in the matter of Dev Dutt (supra), held in para 37 as under :-

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“37. We further hold that when the entry is communicated to him the public servant should have a right to make a representation against the entry to the authority concerned, and the authority concerned must decide the representation in a fair manner and within a reasonable period. We also hold that the representation must be decided

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by an authority higher than the one who gave the

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1 (2008) 8 SCC 725

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2

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(2013) 9 SCC (566)

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3 WPS No. 6856 of 2021

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entry, otherwise the likelihood is that the representation will be summarily rejected without adequate consideration as it would be an appeal from Caesar to Caesar. All this would be conducive to fairness and transparency in public administration, and would result in fairness to public servants. The State must be a model employer, and must act fairly towards its employees. Only then would good governance be possible.”

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6 . In light of the above dictum in the matter of Dev Dutt (supra) and looking to the facts and circumstances of the case, the respondent/S.E.C.L. authorities are directed to communicate the C.R. of the petitioner after Dev Dutt’s judgment i.e. for the year 2008-09 and 2009-10 within a period of two months from the date of receipt of the copy of this judgment. On being communicated, the petitioner may make the representation, if he so chooses, against the said entry within two months, thereafter and the said representation will be decided within two months thereafter. If his entry is upgraded the petitioner shall be considered for promotion retrospectively from 01.01.2010 by the Departmental Promotion Committee (DPC) within three months thereafter and if the petitioner gets selected for promotion retrospectively, he should be given all the benefits like arrears of pay and interest at the rate 8 percent

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per annum till the date of payment.

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7 . With the aforesaid direction, the petition is disposed of.

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Sd/-

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(Rajani Dubey) Judge

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pkd