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2008 DIGILAW 131 (JHR)

Binod Kumar Sinha v. B. C. C. L. Through Its Chairman-Cum-Managing Director

2008-02-07

N.N.TIWARI

body2008
ORDER N.N. Tiwari, J. 1. In this writ petition, the petitioner has prayed for quashing the order dated 29th December, 2005 passed by the General Manager, Kustore Area No. VIII, whereby the petitioners representation for consideration of his request for regularisation on the post of Supervisor (Telecom) as also for payment of wages of Supervisor (Telecom) for the duty he has discharged has been rejected. 2. The petitioner is a Telephone Operator, Technical Grade-D and joined in the services of the BCCL in 1993. The petitioner claimed that by letter dated 10th May, 2002, the Superintending Engineer (E&M), Telecom, Kustore Area, authorised the petitioner to look after the job of Supervisor (Telecom) of Kustore Area Office, EPABX Exchange. 3. Grievance of the petitioner is that though he was authorised to look after the job of Supervisor (Telecom), neither the salary of Supervisor (Telecom) has been paid to him nor he has been regularized on the said post. 4. Earlier the petitioner approached this Court in W.P.(S) No. 4189 of 2005 for redressal of the said grievance. This Court by order dated 9th September, 2005 disposed of the said writ petition directing the respondent-BCCL to dispose of the petitioners representation by passing appropriate order in accordance with law. By impugned order dated 29th December, 2005 (Annexure-5), the petitioners representation has been rejected. Thus, the petitioner has filed this writ petition. 5. A counter-affidavit has been filed on behalf of the respondents, stating, inter alia, that the writ petition is not at all maintainable. The petitioner has got no right either for regularisation on the post of Supervisor (Telecom), Grade-A, or for payment of additional salary for the alleged duty of Supervisor (Telecom), Grade-A. The petitioners representation has been thoroughly considered and the respondents have passed a reasoned order in the light of the guidelines issued for promotion. 6. The petitioner has got no right either for regularisation on the post of Supervisor (Telecom), Grade-A, or for payment of additional salary for the alleged duty of Supervisor (Telecom), Grade-A. The petitioners representation has been thoroughly considered and the respondents have passed a reasoned order in the light of the guidelines issued for promotion. 6. The respondents stated that at present, the petitioner is working as Telephone Operator in Technical and Supervisory Grade-D. As per the cadre scheme, a Telephone Operator shall be promoted first to the post of Senior Telephone Operator, Grade-II, in Technical and Supervisory Grade C. Thereafter, next steps of promotion is Senior Telephone Operator in Technical and Supervisory Grade B and then to the post of Supervisor (Telecom) in Technical and Supervisory Grade-A. The petitioner, who is in Grade D, cannot suddenly be promoted to Grade A, as he has to cross the prescribed steps. It has further been stated that the petitioners claim regarding his wages has been also enquired into. It has been found that the petitioner has never performed the duty of Supervisor (Telecom). His claim is baseless. There is no ground for claiming the wages of Supervisor (Telecom). The authorization letter issued by the Superintending Engineer (E & M), Telecom dated 10th May, 2002 is without any authority, as the Superintending Engineer (E & M), Telecom, Kustore Area is not empowered to such authorization. On the basis of any order issued by the person without any legal authority, the petitioners claim for either regularisation on the post of Supervisor (Telecom) or the claim of salary of Supervisor (Telecom) cannot be accepted. 7. I have heard learned Counsel for the parties and perused the facts and materials brought on record. The petitioner claimed that he has been working as Supervisor (Telecom) at Kustore Area Office, EPABX Exchange by virtue of authorization letter dated 10th May, 2002 (Annexure-1). On perusal of Annexure-1, it appears that the same is a certificate of authorization to look after the job of Supervisor (Telecom) issued by the Superintending Engineer (E&M), Telecom, Kustore Area. There is no document to show that the petitioner has been discharging the duties of a Supervisor (Telecom). 8. Admittedly, the petitioner is holding the post of Telephone Operator, Grade D. It is not the case of the petitioner that Telephone Operator, Grade D can be directly promoted to the post of Supervisor (Telecom). There is no document to show that the petitioner has been discharging the duties of a Supervisor (Telecom). 8. Admittedly, the petitioner is holding the post of Telephone Operator, Grade D. It is not the case of the petitioner that Telephone Operator, Grade D can be directly promoted to the post of Supervisor (Telecom). In the reasoned order passed by the General Manager, Kustore Area, he has categorically mentioned that the petitioner had not performed the duty of Supervisor (Telecom), nor he had ever worked as Supervisor (Telecom) and there was no ground for payment of wages of Supervisor (Telecom). The authorization letter issued by the Superintending Engineer (E&M), Kustore Area, Telecom, Kustore Area has got no value, as he was not empowered to issue such authorization letter. 9. The said finding has been disputed by the petitioner. It has been stated that the petitioner has been working as Supervisor (Telecom) since he was authorised to do so in the year 2002 by letter dated 10th May, 2002 (Annexure-1). 10. So far as the said factual dispute is concerned, the same cannot be adjudicated upon and decided in writ jurisdiction of this Court. For the aforesaid reason, the relief prayed for by the petitioner cannot be granted. This writ petition is, accordingly, dismissed. The petitioner is at liberty to approach the appropriate forum for adjudication of his aforesaid claim.