2026:JHHC:20404 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2235 of 2019 ….….. 1.Naveen Nishchhal aged about 34 years, son of Sri Bijay Kumar Singh, presently residing at Qr. No. A type IV, CMPF residential colony, Β.Β. College More Ushagram, P.O. & P.S. Asansol, District Paschim Burdwan-713303. 2. Mitrajit Kumar Akela aged about 39 years, son of Sri Kauleshwar Prasad Singh, presently residing at Qr. No. 3/33, CMPF colony, Jagjiwan Nagar, P.O. & P.S. Saraidhella, District Dhanbad-826001. 3. Pradeep Kumar, aged about 30 years, son of Sri Ram Prem Oraon, resident of Qr. No. 3/15, CMPF colony, Jagjiwan Nagar, P.O. & P.S. Saraidhella, District Dhanbad-826001. 4. Naveen Prakash aged about 36 years, son of Sri Beerendra Kumar Singh, Qr. No. 3/32 CMPF colony, Jagjiwan Nagar, P.O. P.S. Saraidhella, District Dhanbad-826001. 5. Rahul Kumar aged 30 years, son of Madan Mohan Rai, resident of Flt No. 306, Triveni Exotica, Lane No.6, Jai Prakash Nagar, Dhanbad, P.O., P.S. & district Dhanbad. 6. Rajesh Ranjan aged about 37 years, son of Ashok Kumar, residing at Qr. No. I/IV, CMPF Colony, Jayant, P.O., P.S. & district Singrauli (M.P.). ..… Petitioner (s) Versus 1.Coal Mines Provident Fund Organization having its office at Police Line, Dhanbad, P.O., P.S. and district Dhanbad, represented by its Commission. 2.The Commission Coal Mines Provident Fund Organization having its office at Police Line, Dhanbad Dhanbad, P.O., P.S. and district Dhanbad. 3. Union of India, through Ministry of Coal having its office at Shastri Bhawan, P.O., P.S. and District-New Delhi, represented by its Secretary. 4. The Secretary, Ministry of Coal, Union of India, having its office at Shastri Bhawan, P.O., P.S. & District-New Delhi. ..... Respondent(s) ….….. CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ….… For the Petitioner(s) : Mr. Ratnesh Kumar, Advocate For the Respondents : Mr. Prashant Kr. Singh, Advocate 2026:JHHC:20404 2 C.A.V. ON: 16/06/2026 PRONOUNCED ON:10/07/2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioners for seeking immediate and forthwith promotion to the post of Assistant Commissioner in the C.M.P.F.O. w.e.f. the year 2018, in accordance with the Recruitment Rules, 1982, wherein the minimum requirement for promotion was prescribed as completion of three years of service for the post of Provident Fund Inspector. 3. The brief facts of the case as per the writ application are that the petitioners were appointed in the cadre of Provident Fund Inspectors, in the months of February and July 2015, with a probation period of two years at different regional offices of the Coal Mines Provident Fund Organization (C.M.P.F.O.) throughout the country. Thereafter, upon completion of the probation period, their services were confirmed on the said posts vide office order no. 80 dated 28.04.2017. 4. Meanwhile, the Provident Fund (Employees Recruitment) Rules, 2017, notified on 25.04.2017 by the Department of Coal, Government of India, superseded the Recruitment Rules, 1982, whereby the requirement of regular service as Provident Fund Inspector for promotion as Assistant Commissioner was revised from three years to four years. 2026:JHHC:20404 3 Pursuant thereto, many employees, including the junior Provident Fund Inspectors (promoted to the post of P.F.I. in 2016) who had been promoted from the post of Superintendent, were promoted, merged and upgraded to new cadres, i.e., Enforcement Officer/Accounts Officer. 5. However, the petitioners and other directly appointed employees, despite becoming eligible in all aspects to be redesignated in the post of Enforcement Officer/Accounts Officer in 2017 and for promotion to the post of Assistant Commissioner in 2019 as per the Recruitment Rules, 2017(as stated in paragraph nos. 16 to 18 of the writ petition), were neither considered for promotion to the post of Assistant Commissioner nor for re-designation as Enforcement Officer/Accounts Officer by the Respondents. 6. Further, from the pleadings it transpires that the said rules were directed to be de-notified by the Respondent No.3 vide letter dated 20.06.2017, which was challenged before the High Court for the State of Telengana at Hyderabad by the C.M.P.F. Employees Union in W.P. No. 22052 of 2017 and also filed a Stay application being W.P.M.P. No. 27152 of 2017 wherein the writ court granted interim suspension of the said letter of de-notification on 05.07.2017 and since then, the case was subjudice. 7. Pursuant thereto, the petitioners made several 2026:JHHC:20404 4 representations before the competent authorities for considering their case for promotion, including one on 27.08.2018, which were not entertained by the Respondent No.1. Further, the CMPFO issued a Draft Seniority List in January, 2019, and a Review DPC was conducted for some employees on 31.10.2019 as per the Recruitment Rules, 2017, but the case of the petitioners was not considered without giving any express reason. 8. Learned counsel for the petitioners submitted that the petitioners were eligible in all aspects for being promoted to the post of Assistant Commissioner w.e.f. the year 2019 itself, as per the Recruitment Rules, 2017; however, the Respondents did not consider their case for promotion without any plausible reason for the same. 9. It has also been submitted by the counsel for the petitioners that in paragraph 29 of the counter affidavit dated 29.08.2019, the respondents themselves have admitted that the petitioners are eligible for promotion to the post of Assistant Commissioner upon completion of four years' regular service in the cadre of Provident Fund Inspector and that their cases would be considered subject to fulfillment of other eligibility conditions subject to the decision of the High Court for the State of Telangana in W.P.M.P. No. 27152 of 2017 in W.P. No. 22052 of 2017. 2026:JHHC:20404 5 10. It has been submitted that the petitioners having been appointed in February and July 2015 as Provident Fund Inspector, the petitioners have completed four years' regular service in the cadre of Provident Fund Inspector in 2019 itself. 11. Per contra, learned counsel for the respondents submitted that during pendency of the case, a new Coal Mines Provident Fund (Employees’ Recruitment) Rules, 2024 has been notified and it has superseded all previous Recruitment Rules; pursuant to which some of the petitioners were promoted vide Order dated 06.09.2024, and their grievance was also redressed with regard to retrospective effect and consequential seniority. He further submitted that a Review Departmental Promotion Committee was constituted whereafter some of the petitioners were granted notional promotion to the post of Enforcement Officer/Accounts Officer w.e.f. 26.05.2017, i.e., the date on which their immediate juniors had been promoted; however, the arrears of salary has been denied in view of one DoPT O.M. dated 10.04.1989. 12. Learned counsel for the respondents pointed out that petitioner No. 6 is charged with Departmental Inquiry on the grounds of impersonation while obtaining employment, vide memo dated 10.03.2022. Moreover, the cases of employment of Petitioner No. 2, Petitioner No. 5, and Petitioner No. 6 are under investigation for the same cause by the Anti-Corruption 2026:JHHC:20404 6 Bureau, CBI, Dhanbad, vide F.I.R. dated 14.07.2020. 13. In reply it has been submitted by the counsel for the petitioners that it is a fact that the Petitioner No. 6 has been terminated from the services of CMPFO but so far as the Petitioner No. 2 and 5 are concerned there was not any departmental proceedings against them. Rather, they have also been given promotion to the post of Assistant Commissioner under the new Recruitment Rules, 2024. 14. Having heard the learned counsel for the parties and upon perusal of the materials available on record, it transpires that the petitioners, having been appointed as Provident Fund Inspectors in 2015 vide memo dated 11.02.2015 and their services having been confirmed vide Office Order No.80 dated 28.04.2017, have approached this Court seeking promotion to the post of Assistant Commissioner in the C.M.P.F.O. w.e.f. the year 2018 by contending that upon completion of three years of regular service, they became entitled to be considered for promotion in terms of the Recruitment Rules, 1982. The claim of the petitioners has, however, been opposed by the respondents earlier on the ground that their cases are governed by the Recruitment Rules, 2017, which came into force before the petitioners had completed the qualifying service of three years as prescribed under the Recruitment Rules, 1982 and, 2026:JHHC:20404 7 therefore, the amended eligibility condition requiring four years' regular service would govern their claim. 15. At this stage, it further transpires that during the pendency of the present writ application, petitioner nos. 1 and 5 also instituted W.P.(S) No. 2049 of 2020 questioning the validity of the Recruitment Rules, 2017 on the ground that the same was contrary to Section 3C(5) of the Coal Mines Provident Fund and Miscellaneous Provisions Act,1948 and also prayed for cancellation of the promotions granted thereunder. 16. Meanwhile, pursuant to the order dated 16.06.2023 passed by the High Court for the State of Telengana at Hyderabad, the C.M.P.F.O., after obtaining approval of the Central Government, notified the Coal Mines Provident Fund (Employees' Recruitment) Rules, 2024 on 06.03.2024. Consequent thereto, a Departmental Promotion Committee was constituted and the petitioners were promoted to the cadre of Enforcement Officer/Accounts Officer vide office order dated 06.09.2024. It was upon the grievances raised by the petitioners regarding retrospective promotion and consequential seniority, a Review D.P.C. was convened on 29.08.2024 and 30.08.2024, whereby the petitioners and other similarly situated Provident Fund Inspectors were granted notional promotion to the post of Enforcement 2026:JHHC:20404 8 Officer/Accounts Officer w.e.f. 26.05.2017, i.e., the very date on which their immediate juniors had been promoted, vide Office Order No.166 of 2024 dated 06.09.2024 in respect of Petitioner Nos.1, 3, 4 and 5 and vide Office Order No.176 of 2024 dated 27.09.2024 in respect of Petitioner No.2. However, such notional promotion was granted without payment of arrears in view of paragraph 18.4.3 of the DoPT O.M. dated 10.04.1989, which provides that though pay is liable to be fixed notionally from the retrospective date of promotion, no arrears of salary are admissible for the concerned period. Subsequently, vide Office Order No.220 of 2024 dated 30.12.2024 they were given promotion to the post of Assistant Commissioner. 17. It further transpires from Office Order No. 166 of 2024 dated 06.09.2024 that out of the six petitioners, four, namely, Naveen Nishchhal, Pradeep Kumar, Naveen Prakash and Rahul Kumar, along with other similarly situated employees, have been granted notional promotion to the post of Enforcement Officer/Accounts Officer w.e.f. 26.05.2017, whereas petitioner no. 2, Mitrajit Kumar Akela, and petitioner no. 6, Rajesh Ranjan, have not been extended the said benefit vide this order. However, petitioner no. 2, Mitrajit Kumar Akela was extended the same benefit vide Office Order No.176 of 2024 dated 27.09.2024. 2026:JHHC:20404 9 18. The primary question which now falls for consideration is whether the claim of the petitioners for promotion to the post of Assistant Commissioner from 2019 under the Recruitment Rules, 2017 is maintainable particularly in view of the fact that they have already been promoted to the said post in 2024 under the Recruitment Rules, 2024. 19. This Court finds that the Recruitment Rules, 2017 which was notified on 25.04.2017 was stayed by letter dated 20.06.2017 by the Respondent No.3. which was challenged before the High Court for the State of Telengana at Hyderabad by the C.M.P.F. Employees Union in W.P. No. 22052 of 2017 wherein the writ court granted interim suspension of the said letter of de-notification on 05.07.2017 and since then, the case was subjudice. The said writ petition has been disposed of on 16.06.2023. From 2017 till the notification of Recruitment Rules, 2024 the employees of CMPFO were governed by Recruitment Rules, 2017. The employees of CMPFO got promotional as well as monetary benefits during this period under Recruitment Rules, 2017. 20. It is seen by this Court that even though the entire Organization was governed by Recruitment Rules, 2017 and all the eligible employees got promotional as well as monetary benefits during this period under Recruitment Rules, 2017 but strangely the petitioners were deprived of the benefits of 2026:JHHC:20404 10 Recruitment Rules, 2017 in so much so as that they were not even redesignated as Enforcement Officer/ Accounts Officer under the existing Recruitment Rules, 2017 at the relevant time. 21. The petitioners of this case are claiming promotional benefits under the same Recruitment Rules, 2017 which was denied to them in respect of which the respondents in paragraph 29 of the counter affidavit dated 29.08.2019 have admitted that the petitioners are eligible for promotion to the post of Assistant Commissioner upon completion of four years' regular service in the cadre of Provident Fund Inspector and that their cases would be considered subject to fulfillment of other eligibility conditions subject to the decision on the State of Telangana in W.P.M.P. No. 27152 of 2017 in W.P. No. 22052 of 2017. 22. On consideration of the above gamut of facts this Court finds that even though the petitioner nos.1,3,4 and 5 have been granted promotion to the post of Assistant Commissioner in 2024 and petitioner no.2 in 2025, even then their accrued rights under the Recruitment Rules, 2017 for being promoted to the post of Assistant Commissioner from 2019 will not get diluted. From 2017 till the notification of Recruitment Rules, 2024 the employees of CMPFO were governed by Recruitment Rules, 2017. The entire 2026:JHHC:20404 11 Organization was governed by Recruitment Rules, 2017 and all the eligible employees got promotional as well as monetary benefits during this period under Recruitment Rules, 2017 but the petitioners were deprived of the benefits of Recruitment Rules, 2017 in so much so as that they were not even redesignated as Enforcement Officer/ Accounts Officer under the existing Recruitment Rules, 2017 at the relevant time. The CMPFO later in the year 2024 notionally promoted the petitioners to the post of Enforcement Officer/Accounts officer w.e.f. 26.05.2017 but did not give the benefit of promotion to the post of Assistant Commissioner from 2019 under the same rules and it is only in 2024 and 2025 they were given promotion to the post of Assistant Commissioner under the Recruitment Rules, 2024 which is not correct because in paragraph 29 of the counter affidavit dated 29.08.2019, the respondents themselves have admitted that the petitioners are eligible for promotion to the post of Assistant Commissioner upon completion of four years' regular service in the cadre of Provident Fund Inspector and that their cases would be considered subject to fulfillment of other eligibility conditions subject to the decision of the High Court for the State of Telangana in W.P.M.P. No. 27152 of 2017 in W.P. No. 22052 of 2017. 23. This Court further finds that as the legal impediment of 2026:JHHC:20404 12 the respondents i.e pendency of W.P. No. 22052 of 2017 before the High Court for the State of Telengana at Hyderabad was removed as the case has been disposed of on 16.06.2023 i.e before the notification of Recruitment Rules, 2024 on 06.03.2024, now there should not be any difficulty in considering the case for promotion of the petitioners from 2019 as per their own admission in paragraph 29 of their counter affidavit. 24. 24. Accordingly, this Court holds that all the petitioners except petitioner no.6 are entitled for promotion to the post of Assistant Commissioner from 2019 under the Recruitment Rules, 2017 and accordingly the respondent CMPFO is hereby directed to consider the case of promotion of petitioner nos.1 to 5 to the post of Assistant Commissioner from 2019 and issue necessary order for shifting back their respective dates of promotion from the year 2024/2025 to 2019 within a period of 8 weeks from the date of receipt of copy of this order. 25. Accordingly, the writ application is allowed. Pending I.A.(s), if any, stand closed. (Deepak Roshan, J.) Dated:10 /07/2026 Amardeep/ A.F.R Uploaded on 10.07.2026