STEEL AUTHORITY OF INDIA LTD Vs. DIBYENDU BHATTACHARYA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred against the judgment and order dated 1.8.2008 passed by the High Court of Calcutta in FMA No.782 of 2007; MAT No.4487 of 2005; and CAN No.4852 of 2006 by which the Division Bench has allowed the appeal of the respondent against the judgment and order of the learned Single Judge dated 16.9.2005 passed in Writ Petition No.2539(W) of 2005 by which the learned Single Judge had rejected the claim of the respondent for parity in pay and issuance of direction to upgrade the post held by him.

(3.) Facts and circumstances giving rise to this appeal are that the appellant No.2 issued an advertisement in "The Statesman" newspaper dated 22.9.1993 inviting applications for the post of Speech Therapist/Audiologist at the Durgapur Steel Plant in S-6 grade in Medical and Health Services. The respondent applied in response to the said advertisement. An interview was held on 17.6.1996 and the respondent's name found place at serial no.4 in the merit list. As none of the first three candidates joined, the appointment was offered to the respondent vide letter dated 17.6.1996. The respondent joined the said post without any protest. After serving for a few years, respondent started claiming parity with one Shri B.V. Prabhakar, employed at Rourkela Steel Plant, a different unit of the same company who was holding the post of E-1 grade in executive cadre though designated as Speech Therapist/Audiologist. Respondent made representation dated 1.9.2004 not claiming parity in pay but to change the cadre and upgrade his post, accord relaxation in eligibility and give him the pay-scale of the post of E-1 grade from the date of his joining the service. The said representation stood rejected vide order dated 12/14.10.2004 by the Authorities, observing that upgradation of his post to executive cadre was not permissible under the policy of the company, and as the respondent was working in non- executive cadre, he could not claim parity with an employee in another unit of the company on a post of executive cadre.