Rabindra Nath Das and Ors. Vs. Heavy Engineering Corporation Ltd. and Ors.
EmailAppeal: Civil Appeal No. 2318 of 1987.
(Arising out of S.L.P. (C) No.17380 of 1985)
(Arising out of S.L.P. (C) No.17380 of 1985)
Petitioner: Rabindra Nath Das and Ors.
Respondent: Heavy Engineering Corporation Ltd. and Ors.
Apeal: Civil Appeal No. 2318 of 1987.
(Arising out of S.L.P. (C) No.17380 of 1985)
(Arising out of S.L.P. (C) No.17380 of 1985)
Judges: MURARI MOHON DUTT & M.H. KANIA, JJ.
Date of Judgment: Nov 24, 1987
Head Note:
SERVICE
Promotion to the post of Chargeman – Withdrawal of order of promotion on the ground of change of policy after such promotion was granted – Order withdrawing the order of promotion quashed.
JUDGEMENT:
O R D E R
1. Special leave granted. Heard learned Counsel for both the parties.
2. We do not find any justification for the withdrawal of the order of promotion of the appellants to the post of Chargeman on the ground that there was a change of policy of the respondent Heavy Engineering Corporation Ltd., after such promotion was granted to the appellants, that only those employees of the Corporation who were in Grade ‘D’, on or before February 19, 1965, were eligible for such promotion. Accordingly, we quash the order No.162/73 dated August 18, 1973 withdrawing the order of promotion of the appellants being order No.151/77/A dated August 11, 1973. The promotion of the appellants to the post of Chargeman will stand with effect from the date of their taking charge of the said post.
3. The appellants will be entitled to the arrears of salary attached to the post of Chargeman. In other words, the appellants will be entitled to the difference of the salary attached to the posts they were holding at the time of their promotion and the salary attached to the post of Chargeman. In calculating the amount payable to the appellants on account of the arrears of salary, the respondents will be entitled to take into account any promotion that may have been granted to the appellants in the mean time. The respondents will settle the arrears of salary payable to the appellants within two months from date.
4. The appeal is allowed. The judgment and decree of the High Court are set aside. There will be no order as to costs.
Appeal allowed.
1. Special leave granted. Heard learned Counsel for both the parties.
2. We do not find any justification for the withdrawal of the order of promotion of the appellants to the post of Chargeman on the ground that there was a change of policy of the respondent Heavy Engineering Corporation Ltd., after such promotion was granted to the appellants, that only those employees of the Corporation who were in Grade ‘D’, on or before February 19, 1965, were eligible for such promotion. Accordingly, we quash the order No.162/73 dated August 18, 1973 withdrawing the order of promotion of the appellants being order No.151/77/A dated August 11, 1973. The promotion of the appellants to the post of Chargeman will stand with effect from the date of their taking charge of the said post.
3. The appellants will be entitled to the arrears of salary attached to the post of Chargeman. In other words, the appellants will be entitled to the difference of the salary attached to the posts they were holding at the time of their promotion and the salary attached to the post of Chargeman. In calculating the amount payable to the appellants on account of the arrears of salary, the respondents will be entitled to take into account any promotion that may have been granted to the appellants in the mean time. The respondents will settle the arrears of salary payable to the appellants within two months from date.
4. The appeal is allowed. The judgment and decree of the High Court are set aside. There will be no order as to costs.
Appeal allowed.
