RAJESH KUMAR Vs. AIR INDIA LIMITED

JUDGEMENT

(1.) The petitioner Joined the Civil works and Properties Department of respondent No.1 as a Typist/Clerk on temporary basis w.e.f. 17.11.1977. The period of his temporary service was also ordered to be treated as continuous by letter dated 4.7.1994 issued by respondent No.1 for the purpose of pay fixation and allied benefits from the aforesaid date.

(2.) The petitioner was appointed as Typist/Store Keeper on probation w.e.f. 3.6.1978 and was confirmed.in the said post on 1.12.1978. The petitioner was promoted as Office Assistant "w.e.f. 1.1.1990 and later on he was promoted to the post of Senior Office Assistant w.e.f. 1.7.1996. However, the seniority of the petitioner was reckoned from the/date of confirmation in service as the petitioner was working on probation from 3.6.1978 and as Typist/Clerk on temporary basis. Being aggrieved by the aforesaid decision of the respondent for reckoning the seniority of the petitioner from the date of his confirmation in service the petitioner submitted a representation to the respondent which was replied to by the respondent by letter dated 11.4.1998 wherein it is stated that under the promotion policy of the respondent the seniority of the petitioner is to be reckoned from the date of his confirmation in service and therefore, the benefit of his service during which he was working on probation cannot be bestowed on him. Being not satisfied with the aforesaid stand of the respondent the petitioner has filed the present petition in this court praying for quashing and setting aside of the order dated 11.4.1998 with a further direction to the respondents to take the period from 17.11.1977 to 2.6.1978 as continuous while granting seniority to the petitioner. In other words the petitioner has sought for a direction to the respondents to treat the period from 17.11.1977 to 2.6.1978 for the purpose of reckoning seniority of the petitioner.

(3.) -Counsel appearing for the petitioner submitted that the order dated 11.4.1998 is illegal and arbitrary, for by no stretch of imagination the benefit of service of the aforesaid period could be denied to the petitioner for the purpose of reckoning his seniority.