P.N. VERMA Vs. M.P. ELECTRICITY BOARD

JUDGEMENT

(1.) BY this petition, the petitioner has impugned the order dated 29.06.1991 (Annexure P/1), issued by the respondent No. 1 Madhya Pradesh Electricity Board, whereby the petitioner was granted benefit of higher pay scale of Assistant Engineer w.e.f. 01.04.1990. The claim of the petitioner is that the respondent No. 2 (Shri S.P. Sinha), was appointed along with the petitioner vide order dated 21.03.1973 (Annexure P/5) and he was granted the benefit of higher pay scale of Assistant Engineer vide order dated 17.03.1989 (Annexure P/8) w.e.f. 06.05.1982. therefore, the petitioner is also entitled to the same benefit w.e.f. 06.05.1982. Shri B.R. Ghosh, learned counsel appearing for the petitioner submits that initially the petitioner was appointed as Workcharged Supervisor in the year 1967. Thereafter, the petitioner as well as the respondent No. 2, were appointed as regular Supervisor by order dated 21.03.1973 (Annexure P/5). The petitioner was confirmed on the post of Supervisor w.e.f. 01.04.1977 by order dated 01.06.1979 (Annexure P/6). The petitioner was a Junior Engineer. The next higher promotional post for the person holding the post of Junior Engineer is, Assistant Engineer. The respondent/Board issued various circulars time to time, enabling the officers and employees of certain cadres to opt for the next higher pay scale on completion of 9/10 (Nine/Ten) years of service in a particular cadre. In sequence of those circulars, by circular dated 11.12.1984 (Annexure P/7) the Board had taken certain further decisions.

(2.) THE circular dated 11.12.1984 (Annexure P/7) provides that if an officer or employee, who is entitled to opt for higher scale and who has exercised option in accordance with the conditions laid down, is not found suitable for giving the benefit from the date from which he has exercised the option, the intimation to that effect, that the employee has not been found fit for giving higher scale under 9/18 years would be sent to the employee as soon as possible after the decision is taken. The circular further provides that the cases of such employees would be reconsidered after their confidential report (C.R.) for further years are received as is being done in the case of promotions and it will not be necessary for the employees to give option afresh. However, if an employee himself decides not to exercise option, he should intimate about it in writing to the Joint Secretary (P) -I. This circular also provides that if an employee is found fit on reconsideration, he would be entitled to the benefit of higher scale from 1st April of the following year for which the 1st C.R. is available.

(3.) LEARNED counsel appearing for the petitioner further submits that the petitioner joined his services on the post of Junior Engineer in regular grade on 23.03.1973. Since the petitioner fulfilled all the required necessary conditions, in accordance with the circulars, issued for grant of higher pay scale, he submitted his option (Annexure P/7 -A) for the higher pay scale for the post of Assistant Engineer w.e.f. 23.03.1983, on completion of 9 (nine) years of service on the post of Junior Engineer. By order impugned dated 29.06.1991 (Annexure P/1) the petitioner was granted benefit of higher pay scale for the post of Assistant Engineer w.e.f. 01.04.1990.