Shahida Begum v. Agro Industrial Packaging India Ltd. (AIPIL)
2017-07-10
AJAY MOHAN GOEL, SANJAY KAROL
body2017
DigiLaw.ai
JUDGMENT : Ajay Mohan Goel, J. By way of this appeal, the appellant herein has challenged the judgment passed by the learned Single Judge in CWP(T) No. 15067/2008, dated 18.07.2011, whereby the learned Single Judge disposed of the petition so filed by the present appellant in the following terms: “In sequel to order dated 27.6.2011, Mr. Kashmir Chand Rana, the then Managing Director and Mr. Madan Singh Chauhan, Managing Director of the respondent-corporation are present in person. Mr. Madan Singh Chauhan undertakes that respondent-corporation shall assign the seniority to the petitioner as per order dated 11.08.2004 passed by the then Managing Director of the respondent-corporation. However, as far as the release of pay scale from the retrospective date is concerned, the same cannot be granted to the petitioner since there is no specific order to pay the petitioner pay scale retrospectively in order dated 11.8.2004. Necessary order with regard to assigning the seniority to the petitioner at par with Smt. Vijay Rajta be passed within 48 hours. 2. Accordingly, in view of above observations and directions, the present petition is disposed of. Notices issued to the respondents are discharged. Pending applications, if any, also stand disposed of. No costs.” 2. Judgment (supra) stands assailed by the appellant on the ground that learned Single Judge has erred in not granting monetary benefits to the appellant/petitioner at par with Smt. Vijay Rajta while assigning seniority to the appellant/petitioner as per order dated 11.08.2004. 3. We find that learned Single Judge has held that release of pay scale from retrospective date could not be granted to the appellant/petitioner since there was no specific order to pay the same in favour of the appellant/petitioner in order dated 11.08.2004. A perusal of writ records demonstrates that finding so returned by the learned Single Judge is duly borne out from the record of the case. Order dated 11.08.2004 is appended with the writ petition as Annexure A-6. By way said office order, the services of the appellant/petitioner were ordered to be regularized as Clerk against vacant post in the pay scale of Rs. 3220-6200/- with immediate effect with the condition that for the purpose of seniority, the appellant/petitioner was to be treated at par with Smt. Vijay Kumari Rajta, Clerk.
By way said office order, the services of the appellant/petitioner were ordered to be regularized as Clerk against vacant post in the pay scale of Rs. 3220-6200/- with immediate effect with the condition that for the purpose of seniority, the appellant/petitioner was to be treated at par with Smt. Vijay Kumari Rajta, Clerk. A perusal of the writ petition demonstrates that office order dated 11.08.2004, vide which the appellant/petitioner was ordered to be regularized as a Clerk in the pay scale of Rs. 3220-6200/- with immediate effect and parity with Smt. Vijay Kumari Rajta to the petitioner was given only for the purpose of seniority, was not assailed by the appellant/petitioner. In the absence of any legal challenge to office order dated 11.08.2004, in our considered view, there is no infirmity with the finding returned by the learned Single Judge to the effect that release of pay scale from retrospective date could not be granted to the appellant/petitioner as there was no specific order to pay the appellant/petitioner pay scale retrospectively in order dated 11.08.2004. 4. Accordingly, as we do not find any infirmity with the judgment passed by the learned Single Judge, this appeal is dismissed being devoid of any merit.