C RAMAKANT NAIDU Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner a retired employee of the respondents seeks benefit of General Order No. 74 with consequential benefits of release thereof from 1-6-1982, along with interest. The said General order 74, makes a provisions for grant of benefit of next higher grade in view of the stagnation after six years of service on lower post.

(2.) Admittedly, the petitioner has retired on superannuation on 31-5-1990 and at that time he was working as Assistant Accountant at Koradi Thermal power Station, near Nagpur. His employer is Maharashtra State Electricity board. The petitioner was initially appointed as L. D. C. in the then Madhya pradesh State Electricity Board from 25-03-1955, and after the re-organization of States, the petitioner came on establishment of Maharashtra State electricity Board. The petitioner got promotion as Upper Division Clerk on 30-8-1961 and in 1975, the respondent effected certain promotions to next higher post i. e. of Assistant Accountant. The petitioner was considered at that time and as he was non-matriculate, he was denied that promotion. On the ground of educational qualification, the said benefits were not released by the chairman, Maharashtra State Electricity Board. The petitioner therefore, filed a complaint in this respect before the Conciliation Officer under the provisions of the Industrial Disputes Act, and after failure, reference in this respect was made to the Industrial Court at Nagpur. The Industrial Court delivered an award in Reference (IT) No. 1 /1978, and restored the promotion order dated 17-9-1975, in favour of the petitioner with all consequential benefits from that date. Accordingly the respondent promoted the petitioner in the cadre of Assistant Accountant w. e. f. 17-09-1975.

(3.) The respondents in the year 1974 issued General Order 74, which permitted grant of higher grades to the employees who have continued on the same post for 10 years or more as on 1-5-1974. The said order was issued on the eve of 14th Anniversary of the formation of the State of Maharashtra, and its intention was to give some relief to the employees who were facing stagnation for want of availability of vacancies in next promotional cadre. The said g. O. provided that the employees who are otherwise fit for promotion would be given benefits thereunder. The petitioner contended that, he was never communicated any adverse remark and he did not suffer any punishment and further he was not reverted at any time. He further stated that his service record was clean and unblemished and he also did not receive any memo or warning during entire span of his service. He therefore, was entitled to grant of next higher grade as per this General Order. The said General order was modified on 09-01-1980, by issuing correction Slip No. 4, and benefit thereof was also extended to the employees who did not possess requisite academic qualification for next higher post. Similarly, on 6-5-1983 another correction was made in it, and the period of 10 years was reduced to 6 years w. e. f. 1-4-1980 by issuing correction Slip No. 9. The petitioner states that he attained the age of 45 years and accordingly, applied for exemption from passing departmental Higher Accounts Examination in accordance with the provisions of C. S. No. 10 dated 09-06-1982. He was granted that exemption w. e. f. 1-6-1982 and thus he was deemed to have cleared the said Departmental Examination on 1-6-1982. The said order was issued by the respondent on 15-10-1985.