LAWS(SC)-2009-1-2

U P STATE ELECTRICITY BOARD Vs. AZIZ AHMAD

Decided On January 20, 2009
U P STATE ELECTRICITY BOARD Appellant
V/S
AZIZ AHMAD Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The issue which arises for consideration in this appeal is whether the post of Boiler Overhauling Mechanic is equivalent to that of the post of Boiler Mistry or Fitter so as to enable the workman, respondent herein to draw higher pay scale than what is being given to him. There is no dispute with regard to the fact that the post of Boiler Overhauling Mechanic is a different post than that of the post of Boiler Mistry which is equivalent to that of Fitter in 'Skilled - A' Category.

(3.) The workman, respondent herein was appointed as coolie in the service of the appellant Board with effect from 1.4.1969 in the pay scale of Rs. 55-90. He was thereafter designated as Helper in the same pay scale of coolie and worked in the said post till 13.9.1977. Thereafter he appeared before the Selection Committee No. 2 for being promoted to the post of Boiler Overhauling Mechanic. In the said selection, by order dated 13.9.1977 the respondent was declared successful consequent upon which he was offered the post of Boiler Overhauling Mechanic in the then pay scale of Rs. 80-145. The aforesaid pay scale, however, has been revised with the passage of time. He joined the duties of Boiler Overhauling Mechanic on 14.9.1977 and since then he performed his duties accordingly. It is stated that he was also looking after the work of Fitter in addition to the work of Boiler Overhauling Mechanic. In terms of the policy his employment in the Board was confirmed as against the post of coolie with effect from 1.4.1976 under order issued by the competent authority on 14.9.1978.