CHAMAN JOSHI Vs. STATE OF U P

JUDGEMENT

(1.) The case in brief in the present writ petition is that the petitioner was appointed in the post of Meter Reader in Nagar Palika, Dehradun on probation for a period of one year after working since April 3, 1972 on the temporary post of Meter Reader. The petitioner was confirmed on the said post on June 13, 1975. After constitution of Garhwal Jal Sansthan Dehradun the petitioner became its employee. On March 24, 1976 the petitioner was transferred to Jal Sansthan Mus-soorie in the post of Meter Reader. On April 27, 1978 the petitioner was appointed in the post of Assistant Meter Inspector for a period of three months upon successful participation in the interview and selection by the Selection Committee. On August 2, 1978 the respondent No. 2 appointed the petitioner in the post of Assistant Meter Inspector on probation for one year and by order dated October 10, 1980 the petitioner was confirmed in the post of Assistant Meter Inspector. Under a resolution dated May 16, 1981 the post of Assistant Meter Inspector was designated as Meter Inspector and the petitioners was directed to fill up the option form and accordingly he submitted duly filled up option form on August 14, 1981. The report of the Pay Commission was announced in July, 1979 wherein no pay-scale was shown for the post of Meter Inspector and the respondent No. 2 continued to pay salary to the petitioner in the scale as prescribed by the Kumaon Jal Sansthan upto April, 1980. The respondent No. 2 passed an order in contemplation of approval of the State Government giving pay scale of Rs. 340-350/-. On July 31, 1979 the petitioner made a representation to the Executive Engineer, Jal Sansthan, Mussoorie who forwarded the same to the respondent No. 2 and by such representation the petitioner contended that the Meter Inspector in Agra Jal Sansthan is getting pay scale of Rs. 400/695/-and the respondent No. 2 recommended to the respondent No. 1 to grant salary to Meter Reader in the pay scale of Rs. 360-620/-. The respondent No. 1 issued revised pay- scale on February 14, 1990 for different posts including the Meter Inspector revising it from Rs. 485-860 to 1400-2300. As option forms were to be filed upon duly filling it up, the petitioner filed an application on May 16, 1990 before the Executive Engineer, Garhwal Jal Sansthan and on May 17, 1990 before the respondent No. 2 for issuance of option form and for granting pay scale to the petitioner at the revised rate but none of the reliefs was made available to him.

(2.) The petitioner further contended that he moved a writ petition on July 11, 1990 which was disposed of by this Hon'ble Court directing the respondent No. 2 to decide the representation within one month. Ultimately the representation was decided by the respondent No. 2 on August 13, 1990 but such decision, according to the petitioner, is arbitrary and illegal and as such the same was challenged in the present writ petition.

(3.) The respondents contested the proceeding filing a counter- affidavit. The respondents denied the promotion of the petitioner to the post of Meter Inspector. It has further been denied that there was either any post of Meter Inspector in the Jal Sansthan or it was created by the Jal Sansthan. The petitioner, according to the respondents, continued only as an Assistant Meter Inspector with an additional remuneration of Rs. 25/- per month for spot billing. The Pay Commission report for the Jal Sansthan in 1979 contained no pay scale of Meter Inspectors as there was no post of Meter Inspector in the Jal Sansthan. The Board Resolution dated May 16, 1981 was totally misinterpreted and the petitioner upon such misinterpretation refused to accept the pay scale of Assistant Meter Inspector. It has been contended that the petitioner should have filed his claim before the Conciliation Officer under the U.P. Industrial Disputes Act, 1947 because the petitioner is a workman under the provision of the said Act. The petitioner is entitled to the pay scale of Rs. 825-1400/- which has been meant for Assistant Meter Inspector as per the Pay Committee report.