CHAIRMAN ONGC Vs. J B CHAUHAN

JUDGEMENT

(1.) <DJG>BHAGWATI PRASAD, J.</DJG> The present appeals are preferred by the appellants / original respondents against the common order dated 3/10/1997 passed by learned Single Judge in Special Civil Application No. 1859 of 1989, and 6847 of 1991 respectively. The petitioners before the learned Single Judge were Junior Engineers working with Western Region of ONGC. One Mr. R.N. Patel was transferred from Bombay region to western region. According to the policy of the appellants said Mr. Patel was to rank junior to all those who were already working in the western region. This juniority was in relation to general seniority list.

(2.) Learned counsel has submitted that a policy came to be made by the appellants ONGC that those who have completed one year term in the scale of Rs.725-1480 as on 31/12/1985 was required to be considered for promotion in the pay scale of Rs.1030-2000 and in that list what happened was present respondents/petitioners were not qualified in the one year policy. However one Mr. R.N. Patel having worked in the said pay scale after one year completion, but in two different regions, has been considered for promotion by ONGC. Learned Single Judge considered the case of the petitioners with the case of said Mr. Patel and opined that though Mr. Patel has not worked in western region for one year and according to the policy of one year working in pay scale of Rs.725-1480 in a region, and all those who are ranked seniority to said Mr. Patel were required to be considered for promotion. Learned counsel for the appellant has not been able to refute this position that all the persons working in pay scale of Rs.725-1480 has to complete one year in the same pay scale. Though in the present case said Mr. Patel ranks below the seniority of the petitioners in western region, they were denied the benefit of promotion only on the ground that Shri Patel was appointed earlier in point of time. Therefore Learned Single Judge has been pleased to issue direction that the petitioners be considered to be eligible for consideration under the one year policy and give them pay scale of Rs.1030-2000.

(3.) We have perused the order passed by learned Single Judge and relevant documents / papers produced on record. Heard learned counsel for the parties. The service of Mr. Patel as Junior Engineer in the pay scale of Rs. 725-1480 was for one year but in two different regions, and not in western region. Therefore giving benefit to Mr. Patel for the work rendered in another region would not entitle Mr. Patel to get the advantage of one year policy. This is only a fallacious proposition that the appellants have created just to give promotion to Mr. Patel. In that view of the matter learned Single Judge has ordered that the petitioners are eligible to get promotion who are seniors to Mr. Patel in the western region.