RAMESHWAR DAYAL Vs. INDIAN RAILWAY CONSTRUCTION CO LTD

JUDGEMENT

(1.) All these appeals arise out of a common judgment dated 14th February, 2006 passed by the Division Bench of the Delhi High Court in L.P.A. Nos. 189 of 2000, 289-290 of 2000 and 294 of 2000, whereby the appeals of the appellants have been dismissed and the appeal preferred by the respondent against the common judgment of the learned Single Judge dated 3rd March, 2000 in C.W. Nos. 2296, 2297 and 2298 of 1995 has been allowed.

(2.) Short facts giving rise to the present appeals are that in the month of March, 1982 respondent Indian Railway Construction Company Limited (hereinafter referred to as the IRCON) a Government of India Undertaking was awarded two railway projects in Algeria. In June, 1982 the respondent inducted Ranjit Sinha appellant (since deceased) in Civil Appeal No. 968 of 2007, a temporary employee of the Council of Scientific Industrial Research as French Translator in the pay scale of Rs. 700-1200. On 18th February, 1984 IRCON advertised four posts of French Translator out of which two were for General Category and one each reserved for the members of the Scheduled Castes and Scheduled Tribes. Rameshwar Dayal (appellant in Civil Appeal No. 967 of 2007) offered his candidature as Scheduled Caste candidate. Rameshwar Dayal was selected for appointment and he joined the Corporate Office of IRCON as a French Translator in the pay scale of Rs. 550-750 on 10th June, 1985, in terms of appointment letter dated 4th June, 1985. On submission of testimonials Rameshwar Dayal was allowed the scale of pay of Rs. 700-1200 with effect from 25th July, 1985. Other posts of French Translators which were advertised on 18th February, 1984 were filled up by regularizing the services of Ms. Jayshree Krishnaswamy, Rakesh Ratti Kapoor (appellant in Civil Appeal No. 969 of 2007) and one Ashit Saha. On 4th October, 1985 appellant Rameshwar Dayal and said Ms. Jayashree Krishnaswamy were nominated to be sent to Algeria. Appellant Rameshwar Dayal signed the contract for assignment to Algeria for one year and also signed the Bond to serve the IRCON on his return from Algeria for double the period of his assignment in Algeria, subject to maximum five years. Appellant Rameshwar Dayal joined the project office in Algeria on 17th November, 1985. In the balance-sheet of the profit and loss account and annual report for the year 1986-87 submitted to the Registrar of Companies appellant Rameshwar Dayal was shown as a permanent employee and the emoluments of the employees in Indian Rupees by converting at the rate of exchange prevalent at the end of the financial year. Appellant Rameshwar Dayal realised that he is being paid less emoluments than what he was entitled as per Board Resolution of 1982 and accordingly filed representation but the same did not yield any result.

(3.) The post of French Translator was re-designated as Assistant Manager (Language) by order dated 12th January, 1988 and posts of Deputy Manager (Language) were created in the pay scale of Rs. 1100-1600. According to the appellant Rameshwar Dayal one of the said two posts of Deputy Manager (Language) ought to have been filled up by a member of the reserved category but without considering his case and de-reserving the posts IRCON promoted two persons, namely, Dr. Ranjit Sinha(appellant in Civil Appeal No. 968 of 2007) and Ms. Poonam Bhowmick. Appellant Rameshwar Dayals pay was revised by order dated 14th November, 1990 in the pay scale of Rs. 2000-3500. It is his grievance that his scale of pay ought to have been revised in the pay scale of Rs. 2200-4000. After the return from Algeria the appellants in all these appeals made a joint representation laying the following claims: