SHIVO VENSIMAL GIRDHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has come up before this Court claiming parity with other cadres of workers in the Kandla Free Trade Zone (KFTZ ). He placed reliance on Annexure-A, which deals with Custom Officers. When pointed out that a Custom Officer is a different category of officers, the learned counsel for the petitioner gives up this point. Then, he drew the attention of the Court to Annexure-D, a letter written by the Development Commissioner of KFTZ and urged that no reply of this letter has been received so far. We have read the letter and we find that it is only a recommendation and it is for the Department to either accept it or reject. In view of the fact that no reply has been received, it would tantamount that recommendation has not been accepted. In any case, the petitioner's case is governed by the rules published in Gazette of 5th May 1999, a copy of which is produced at Annexure-R/1 at page 108 of the paper book. We find that Fireman is one of the employees who can be employed in the Fire Department under the Government of India to work at Kandla Free Trade Zone. The petitioner has been appointed as Fireman. However, when he was given promotion, there was a mistake in giving designation to the promoted post because, we do not find that post in the Rules. Therefore, the respondents may rectify or clarify the order of promotion to a post to which he was entitled to be promoted and wrong nomenclature may be corrected.

(2.) THE other please raised by the learned counsel for the petitioner are not tenable because, this is not for this Court to equate various cadres of the Department and thus arrive at a conclusion that as to which cadre should get what pay scale. It is for the respondent to work out and deal with its own employees. With the aforesaid observations, the petition is disposed of. Rule is discharged.