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2025 DAILYLAW 8412 (JHR)

PABITRA v. C.C.L., THROUGH ITS CMD

WPC/1339/2025 · 2025-03-20

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1339 of 2025 ----- Pabitra, S/o Late Dashrath, R/o P.O. & P.S.-Argada, District- Ramgarh. … Petitioner. Versus 1. C.C.L., through its CMD having its office at Dharbhanga House, P.O.-G.P.O., P.S.-Kotwali, District-Ranchi. 2. General Manager, C.C.L. Charhi, P.O. & P.S.-Charhi, District- Hazaribagh. 3. Project Office, C.C.L., Tapin South, P.O.-Tapin, P.S. & District- Ramgarh. … Respondents. CORAM : SRI ANANDA SEN, J. ------ For the Petitioner : Mr. Sidhartha Roy, Advocate : Ms. Sandhya Sahay, Advocate For the Respondents : Mr. Amit Kumar Das, Advocate …...... 02 /20.03.2025: In this writ petition the petitioner has prayed for promotion to the post of category-VI with effect from 2016 on the ground that similarly situated workman has been granted the same promotion from 2016. He further prays that his salary from April, 2010 to December, 2012, which has not been paid by the respondents-company be paid. He lastly prays that the house rent allowances be paid as the same has not been paid to him though he has not availed any company accommodation. 2. Admittedly, the petitioner is a workman and was working under Central Coalfields Limited. Admittedly, he has superannuated with effect from 30.04.2018 and in his entire service career he has not raised the aforesaid dispute and after seven years of his retirement, he has approached this Court without any explanation. 3. So far as the salary from April 2010 to December 2012 is concerned, from Annexure-2, I find that the said order is a transfer order. Initially, the petitioner was released to join at Rajhara vide office order dated 11.05.2011 but the petitioner did 2 not join and reported sick. Only vide order dated 04.12.2012, his place of posting was changed and the petitioner had given an undertaking that he and his son will not indulge in any antisocial activities. Further, he had given an undertaking that he will not claim wages for the period which he has not reported for duty and will not raise his grievance. 4. From the aforesaid letter it is clear that the petitioner has not joined his transferred post and has not performed his duty. It is this period for which he has not performed his duty, he is claiming salary. He has himself waived his salary. In his entire service career, he did not raise any dispute and has abide by his undertaking. After seven years of his superannuation, he has raised the dispute. 5. Further, so far as promotion is concerned, the cause of action arose in the year 2016. The petitioner has filed this writ application in 2025 i.e., after nine years of the cause of action. Now the petitioner has also superannuated. Since, the petitioner has already superannuated, the petitioner cannot be promoted as there is no concept of retrospective promotion. Further, there is serious delay and latches on the part of the petitioner also. Thus, I am not inclined to entertain this writ petition where the petitioner has prayed for his salary and promotion. 6. So far as H.R.A. is concerned, the petitioner is at liberty to file a representation before the G.M. (P & IR) Central Coalfields Limited, Ranchi and if he is found entitled for H.R.A. the respondents will pass an appropriate order. 7. Accordingly, this writ application is dismissed only a liberty to the petitioner to approach the concerned authority. (ANANDA SEN, J.) Arpit/