I D P L Vs. VIKRAMJIT

JUDGEMENT

(1.) This is a Letters Patent Appeal against the judgment of the learned Single Judge dated April 9, 1992 (in Civil Writ Petition No-1158/87). The controversy relates to the removal of the respondent from the service of the appellant company while he was holding the post of Director (Marketing) in the latter organisation. The facts giving rise to the appeal are as under

(2.) On July 16, 1959 the respondent joined the Industrial Management Pool in Grade VIII, after his selection in accordance with the method of recruitment laid down in the aforesaid Scheme. The respondent earned his promotions from time to time and was eventually promoted to Grade-I in the Pool, carrying the scale of Rs.2500-Rs.2750, with effect from August 1, 1983 and started drawing substantive pay of Rs.2750.00 per month with effect from the same date. At the time of his promotion to Grade-I in the Pool, the respondent was working as Advisor (Marketing) Ministry of Health and Family Welfare, which post was equivalent to the post of a Joint Secretary. The respondent was also holding the post of Chief Executivc of the Contraceptive Marketing Organisation. This post he was hold ing from January 1, 1980 in addition to his post of Advisor to the Ministry of Health and Family Welfare. On March 21, 1985, shortly before his five years term as Advisor (Marketing) in the Ministry of Health & Family Welfare was to expire, the respondent made a representation to the Cabinet Secretary and Chairman, Industrial Management Pool Board requesting him that till alternative post was made available to him, he should be allowed to continue as Advisor (Marketing) or he should be allowed to hold the post of the Chief Executive of the Contraceptive Marketing Organisation on full time basis. The reason advanced in the writ petition for sending the representation was that there were no reserved posts for the officers of I.M.P. Cadre and these officers were shown against shadow posts, while holding appointments in the Government/public enterprises. Thereafter the Director General of Pool of Public Enterprises by his letter dated April 1, 1985 to the Secretary Ministry of Health and Family Welfare, pointed out that the appellant's placement in the Public Sector should only be at the Board level considering his seniority in the I.M.P. and having regard to the fact that for the last five years he was holding a position in the Ministry of Health and Family Welfare which was equivalent to that of a Joint Secretary. It was urged therein that since the appellant's selection to a Public Enterprise will take some time, the Government should consider respondent's continuation as a Chief Executive of the Contraceptive Marketing Organisation in his existing Grade for a period of two months. Since there was no response to the said proposal of the Director General of Public Enterprises, the respondent had to go on leave.

(3.) By letter of the Public Enterprises Selection Board dated April 15, 1985, the respondent was informed that he was being considered for selection to the post of Director (Marketing) Indian Drugs and Pharmaceutical Limited ( for short "IDPL") in the scale of Rs.3500-Rs.4000. Thereafter the respondent is said to have met the then Cabinet Secretary and drawn his attention to the fact that he had three and. a half years pensionable service left in the I.M.P. and also to para 12 of the Scheme so that he does not lose about three and half years of pensionable service by his absorption in the IDPL.