BSES YAMUNA POWER LTD Vs. TARUN BHATNAGAR

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 24.10.2007 which had reversed the finding of the trail judge dated 20.12.2003 whereby the suit filed by the Plaintiff Sh. S.K. Choudhary seeking a declaration (to the effect that he should be granted his second time financial upgradation after 13 years of service which had been denied to him be set aside and be declared null and void; further prayer that he should be placed in the pay scale of 15800-21100 with notional pay fixation of basic pay of Rs. 17150/- from 01.01.1996 as also relief of mandatory injunction i.e. payment of arrears in the aforenoted pay scale w.e.f. 01.01.1996) had been dismissed. The impugned judgment had reversed this finding. Suit of the Plaintiff stood decreed.

(2.) Plaintiff was employed with Defendant No. 2 since June 1984. He was an Executive Engineer. Vide the resolution of DVB dated 29.04.1998, provisional pay scale for executive engineers and superintendent engineers was worked out; this was a modification of an earlier office order; second financial upgradation was permitted to the Plaintiff after having completed 13 years of service which he had completed in the year 1994; he was thus entitled to the second financial upgradation; one Mr. Jagdish Kumar had already got this benefit; Plaintiff not having got this benefit, he had filed the present suit.

(3.) In the written statement, it was stated that the second entitlement of the Plaintiff for financial upgradation was 8 years after his first upgradation i.e. after 18 years of service. Plaintiff had not completed 18 years of service; Sh. Jagdish Kumar was working on an adhoc basis as an assistant engineer and he had thereafter been selected by the UPSC and even in his case, he was entitled for a second upgradation only after 18 years of service.