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1999 DIGILAW 1136 (RAJ)

Suraj Prakash v. State Electricity Board

1999-09-06

SHIV KUMAR SHARMA

body1999
JUDGMENT 1. - Main relief sought by the petitioner in the instant writ petition is that his case be considered for promotion to the post of Welder in the Pay Scale of Rs. 370-10-450- 570 with effect from April 1, 1981 i.e. from the date when junior persons had been given the said pay scale. 2. The petitioner passed ITI certificate in the year 1976 and was appointed on the post of Helper II in the year 1977. On October 25, 1980 the petitioner was designated as Helper I. Respondents 3 and 4 came to be appointed as helper on May 18, 1978 and they are junior to the petitioner, but they were promoted on the post of Welder Grade and Fitter respectively in the pay scale of 370- 10-450-12-570 and the case of petitioner was not considered. Petitioner submitted representations and on April 13, 1989 he was promoted to the post of Artisan II. The grievance of the petitioner is that he ought to have been promoted with effect from April 1, 1981 i.e. from the date when persons junior to him were given promotion and regular pay scale. 3. The respondent R.S.E.B. in the written statement pleaded that the Fixation Committee in terms of para 15 of the Arbitration Award dated June 15, 1979 had also considered the case of the petitioner and he was found suitable for fixation in regular pay scale No. 2 and the petitioner took all the benefits of the said fixation made in the year 1980. The petitioner did not 2 challenge the said fixation and the claim made by the petitioner in the present writ petition for parity with the respondents 3 and 4 is highly belated. It was also averred that the proper remedy for the petitioner is to rise an industrial dispute or to get the matter referred under the provisions of the Industrial Disputes Act, 1947 and the present writ petition deserves to be dismissed on the ground of alternative efficacious remedy available to the petitioner. 4. I have pondered over the rival submissions and weighed the material on record. 4. I have pondered over the rival submissions and weighed the material on record. It is contended by the learned counsel appearing for the petitioner that the instant case is squarely covered with that of the case of Anwar Baig v. R.S.E.B., S.B. Civil Writ Petition No. 995/1985 decided on May 6, 1992 and Narbada Prasad v. R.S.E.B. and another, S.B. Civil Writ Petition No. 2079 of 1989 decided on October 23, 1997, wherein the respondent R.S.E.B. was directed to fix the petitioners in those cases in Scale No. 3 with effect from the date persons junior to them had been given the said pay scale. All the points raised in the written statement in the instant writ petition had also been raised in the said writ petitions and this court allowed the writ petitions. As per Clause 22(1) of Singh Sancheti Award with regard to the industrial dispute between the R.S.E.B. and its workmen, it was contemplated that such of the ITI certificate holders, who have been working with the affairs of the Board as Work Charged/Daily rated employee or as Apprentice or as Trainee is are still serving in the Board on continuous basis satisfactory performance be allowed the Pay Scale No. 3 and they be fixed accordingly in terms of R.S.E B. Employees (Emoluments) Regulation, 1978 with effect from the date they have completed two years continuous service. 5. Undeniably the respondents 3 and 4 are junior to the petitioner and they have been fixed in the pay scale No. 3 with effect from the date the persons junior to them had been given the said pay scale. In view of the ratio propounded in Anwar Baig's and Narbada Prasad's cases (supra), I am of the considered opinion that the petitioner is also entitled to be given the pay scale of 370-10-450-12-570 with effect from April 1, 1981 i.e. from the date when persons junior to him had been given the said pay scale. Since the work charged employees working even in unskilled trade or in skilled trade have been given the benefit of Scale No. 3 as per Singh Sancheti Award in Anwar Baig's case (supra), the petitioner is also entitled to get the scale No. 3 on the post of Artisan Grade II with effect from April 1, 1981. Since the work charged employees working even in unskilled trade or in skilled trade have been given the benefit of Scale No. 3 as per Singh Sancheti Award in Anwar Baig's case (supra), the petitioner is also entitled to get the scale No. 3 on the post of Artisan Grade II with effect from April 1, 1981. The act of the respondent RSEB in not giving the pay scale No. 3 to the petitioner with effect from April 1, 1981 is arbitrary, discriminatory and violative of Article 14 of the Constitution of India. 6. Resultantly, the writ petition succeeds and stands allowed. The respondent RSEB is directed to fix the petitioner in the pay scale No. 3 with effect from April 1, 1981 i.e. from the date when persons junior to the petitioner had been given the said pay scale. No costs.Writ Petition allowed. *******