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Judgment
Prashant Kumar, J.—This application has been filed for a direction commanding the respondents to consider the case of promotion of petitioner from Non-executive cadre to Executive cadre. It appears that petitioner was initially appointed as Jr. Draughtman, Mechanical in the year 1978. During the service period, he obtained certificate of AMTIM, which is equivalent to Bachelor degree in Metallurgical Engineering. Thereafter petitioner was promoted in the year 1989 as Training Assistant Grade-ITI in S-6 scale. Again he was promoted as Operative-Senior Instructor in S-7 scale in the year 1993. Thereafter he was given S-8 scale in the year 1997 and S-9 scale in the year 2001. It appears from Annexure-6 that Management of Bokaro Steel Plant took decision to promote such. Non-Executive employee, working both in Works and Non-Works areas, in executive cadre in E-O grade, who posses following qualifications:
Technical Area
Qualification
Number of years in S8 and above grade(Cluster C/''Y'')
General
SC/ST
Engg. Degree Engg Equivalent (AMIE/AMUM)
7
4
Graduate (BA/B Sc/ B Com)PG(MA/MSc M Com)/Engg Diploma
9
5
Matric/Matric with III
11
7
MSc/BSc/Engg Diploma holders in Works/Projects Division who have completed 17 years in S6 (Cluster ''C''/''Y'') and above grades with at least 3 years in S8 grade.
Those possessing Engg. Degree or Equivalent AMIE/AMM) in works/Projects Division and completed 12 years S6 (cluster ''C''/''Y'') and above grades with at least 3 years S8 Grade.
Non-Technical Area
Qualification
Number of years in S8 and above grade(Cluster ''C''/''X'')
General
SC/ST
Professionally Qualified
7
4
Graduate/Post Graduate
9
5
Matric/Matric with ITI
11
7
Lists indicating the particulars of employees meeting the above criteria on the aforesaid cut-off date i.e. 31/12/2002 may please be got prepared in the specified format given as Annexure.
In pursuance of Annexure-6, petitioner applied for his promotion, but he has not been promoted. Thereafter he filed representation and in reply to said representation vide Annexure-8, petitioner was informed that since he is not eligible for promotion to E-O Grade, therefore D.P.C has not considered his case. Petitioner again filed several representation, which were ultimately replied by Annexure-14 by letter dated 21.09.2005 (Annexure-14) in which also it was mentioned that petitioner is not eligible for promotion.
A counter-affidavit filed, wherein at paragraph no. 11, it is stated that petitioner is working in Non-technical area, therefore it is necessary that he must have seven years experience in S-8 Rank. It is also stated because petitioner did not have such experience therefore, his case not considered for promotion.
It is submitted by learned counsel for the petitioner that petitioner is in S 8 scale from 30.06.1997, thus, in the year 2005, when Annexure-14 was issued petitioner has become eligible even in non-technical area.
Learned counsel for the respondents after going through the criteria as mentioned in Annexure-6.. as well as in the counter affidavit has not disputed that in the year 2005, petitioner has got sever, years experience in S-8 Rank. Thus he is eligible for promotion However it is stated that only because petitioner become eligible, he is not entitled for promotion as a matter of right. It is submitted that as and when in future, vacancy will arose, case of petitioner will be considered. In view of the aforesaid submissions, this application is disposed of with direction to respondents that if in future, any vacancy arose and Management took decision to promote its Non-Executive employee to Executive Cadre then case of petitioner shall also be considered in accordance with law.