RANCHI, India, March 2 -- Jharkhand High Court issued the following order on Jan. 30:

1. In instant writ application the petitioner has prayed for a direction upon the respondent-authorities to consider the case of petitioner for promotion with due date in respective grades with all consequential benefits in view of the fact that juniors to him in another colliery have been promoted.

2. Learned counsel for the petitioner submits that as per Company's Rules for Promotion, an employee is entitled for higher promotion in every 4 years of active service but the petitioner was upgraded to Cat.-D (Excavation) under Service Linked Upgradation(SLV) w.e.f. 01.01.2001 vide office order dated 22/23.01.2002, when he was posted at Muraidih Colliery. Thereafter, by office order dated 23.12.2007, issued by respondent No. 5, altogether 36 employees were promoted to different categories in which petitioner's name finds place at Sl. No. 17 with proposed post of Fitter in Grade-D. However, the petitioner has not received monetary benefit of promotion to Grade-E in the year 1992 and also to Grade-D in the year 2002 and again promoted in same Grade-D in the year 2007, although, other employees have been provided promotions in different grades viz. E, D, C, B respectively at one time as reflected in the office order dated 12/25.06.2009 of new Kash Kinaree Colliery on the basis of notional seniority of Excavation Maintenance Cadre employees.

3. Learned counsel lastly submits that the instant application may be disposed of by directing the concerned respondents to consider the case of the petitioner and pass an appropriate order in accordance with applicable rules and regulations.

4. Learned counsel for the respondents submits that since no counter-affidavit has been filed, as such, the petitioner may be directed to file fresh representation before respondent No. 5, who shall decide the case in accordance with law.

5. Having regard to the aforesaid facts and circumstances, the instant writ application is hereby disposed of by directing the petitioner to file fresh representation before the respondent No. 5 within a period of 6 weeks from today.

6. The moment the respondent No. 5 will receive any such representation, he shall take decision by passing a reasoned and speaking order in accordance with law and applicable rules and regulations within a period of 12 weeks from the date of receipt of such representation.

7. It goes without saying that if the decision is taken in favour of the petitioner, the consequential benefits shall be extended to him within a further period of 6 weeks.

8. With the aforesaid observations and directions, the writ petition stands disposed of.

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