JITENDRAKUMAR T PATEL Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) : The present petition is filed by the petitioner, who had applied pursuant to an advertisement dated 2.9.1996 published by the respondent Corporation for filling up the vacancies of Electrical Supervisor in the pay scale of Rs.425- 800.00. It is the case of the petitioner that the petitioner possessed all the requisite qualifications required for the purpose of appointment as an Electrical Supervisor. The petitioner has produced necessary certificates to show that he possessed those qualifications. The case of the petitioner is that though the petitioner was called for the interview for the post of Electrical Supervisor and selected for the same, but when appointment came to be given, by an order dated 21.2.1987, the said order mentioned that,

(2.) The case of the petitioner is that at the time of joining duty pursuant to the said appointment order, the petitioner did talk to respondent no.2 authority, who asked the petitioner to accept the appointment as Electrician Grade II in the technical cadre in Bavla Unit and assured the petitioner that his case will be considered for appointment as Electrical Supervisor in due course.

(3.) It is the case of the petitioner that thereafter the petitioner was continued as Electrician Grade II even after his confirmation as Electrician Grade II, on 6.3.1988. The petitioner made various representations, some of them are produced at Annexure 'E' (Colly.). In the first representation dated 1.9.1988, it is stated that the advertisement was for the post of Electrical Supervisor, the petitioner was interviewed for the post of Electrical Supervisor, he was selected also for the post of Electrical Supervisor. However, he was posted at Bavla Energy Food Plant, where he has been discharging his duties with all sincerity. The petitioner contended that as the petitioner possessed all the requisite qualifications, he should have been given an appointment as Electrical Supervisor in the said Bavla Energy Food Plant. Thereafter, the petitioner made other representations also, dated 31.10.1988, 10.2.1989, 7.10.1989, 19.12.1989, 3.5.1990 and 2.7.1990. But the respondent authorities have not responded to any of those representations. The petitioner has also produced a copy of the letter dated 30.1.1991 of the Manager wherein the case of the petitioner is recommended for monetary benefits of Rs.250.00 as a special allowance from January 1991 on appreciation of his sincerity and quality of work. It is also mentioned in the said letter that the petitioner has shown great willingness in completing the time bound production programme of the unit. It is specifically mentioned that willingness is shown over and above his normal duties as Electrician. That also shows that the petitioner was working as Electrician in Bavla unit.