(1.) Irrespective of the cause of action pleaded in the writ petition and the prayer made in the same, before me today on behalf of the petitioner what is argued and relief claimed, is the entitlement of the petitioner to stand promoted as an Assistant Engineer with the respondent no. 3/employer in terms of the selection process of February 1984. Since the petitioner has retired on 30.6.2003, a higher monetary emolument package taking the petitioner as having been promoted w.e.f 1.7.1983 as an Assistant Engineer is claimed. During the course of argument it is agreed that the monetary package to the petitioner be granted from a period of three years prior to filing of the present writ petition and till the petitioner retired i.e on 30.6.2003.
(2.) Respondent no. 3/employer stated that though the petitioner was selected as an Assistant Engineer in the selection process which culminated in February 1984, petitioner cannot be given the promotion and monetary benefits as an Assistant Engineer on the following grounds:
(3.) The facts of the case are that petitioner after working in Indian Air Force in the Electrician cadre joined the Badarpur Thermal Power Plant Project of the Central Government in 1972. Petitioner's original appointment was on a work charged basis in the Badarpur Thermal Power Plant, however, on the project coming to an end, and on account of a settlement between the workers and the management, petitioner was offered regular employment in the post of Foreman Grade-III by respondent no.3's letter dated 20/21.11.1978 and which petitioner accepted by his acceptance letter dated 16.4.1979. Petitioner, therefore, became employee with the respondent no. 3 as a regular employee in the post of Foreman Grade-III w.e.f 16.4.1979. From the post of Foreman Grade-III the petitioner was subsequently promoted to a Foreman Grade-II and Foreman Grade-I and which are not issues before me, but the issue is of promotion of the petitioner from the post of Foreman Grade-I to an Assistant Engineer in terms of selection process which culminated by preparing of a merit list/panel after interviews were concluded on 7-8.2.1984. Petitioner after having cleared the written test, and which was one of the requirements for qualifying to the promotion post of Assistant Engineer, was called for interview in terms of letter dated 2/3.2.1984 of the respondent no. 3. Petitioner, however, in spite of being empanelled in the select list of successful candidates was denied the promotion to the post of Assistant Engineer and hence this writ petition was filed in December 1998.