DINA NATH Vs. HIMACHAL PRADESH HOUSING BOARD

JUDGEMENT

(1.) He Himachal Pradesh Housing Board had employed the appellant as Manager on a scale from Rs. 800. 00 to Rs. 1,600. 00 and the salary at the time of his joining was fixed at Rs. 1,150. 00 having regard to his qualifications. Later, the Board - respondent - felt that the post was too big and the salary was too high and abolished the post altogether. They downgraded the post to that of Factory Manager on a new lower scale of rs. 400. 00-1,100. 00. When the case came up on an earlier occasion we put it to the appellant whether he was willing to accept the lower post on the lower scale of pay and he agreed to accept it. Counsel for the respondent tells us now that because the appellant is a Chemical Engineer, he is not suitable for the post. We are unable to agree. The Board, knowing his qualifications, had appointed him in the higher post. What is more, it is represented by the counsel for the Board, that even in the High court the board had offered to appoint the appellant in the downgraded post. We ire satisfied that the just course in the circumstances, if the Board is acting bona fide, is to appoint the appellant to the lower post of Factory Manager. We direct the respondent to do so within one month from today on a scale of Rs. 400-1100, but having regard to the circumstances of the case, it is obvious that justice requires his appointment to be at the top point in the scale, that is, Rs. 1,100. 00 per menses.