V SRIDHAR Vs. MATHRI VENKATA SUBBARAO

JUDGEMENT

(1.) The petitioner passed the ITI Certificate Course in the year 1978 and worked for about four years in a Private Organisation. The 1st respondent, which is a Private Engineering College, issued an advertisement dated 16-7-1982 inviting applications to select the candidates for several posts on teaching and non-teaching side. On the non-teaching side, one of the post advertised was of Instrument Mechanic (Electronics). Inasmuch as the petitioner possessed the requisite qualifications, he submitted his application for the same. He was called for interview, which was held on 11-8-1982. On having been selected by the Selection Committee, through appointment order dated 16-8-1992, the 1st respondent appointed him as Instrument Mechanic (Electronics). He was kept on probation for a period of six months. So far as emoluments are concerned, he was offered consolidated salary of Rs.550/- per month.

(2.) After completion of the period of probation, the petitioner was issued an appointment order on 9-3-1981. The order states that the appointment of the petitioner is regularised with effect from 1-1-1983 in the scale of Rs.350-550. It is further stated that the appointment of the petitioner through the Staff Selection Committee was as a Lab Assistant. His basic pay was fixed at Rs.380/-. Three years latter, through proceedings dated 6-9-1986, the petitioner along with three others were placed in the scale of Rs.425-650. However, this time, he was described as Technician. The petitioner submitted a representation dated 13-8-1986 raising objections as to the description of the post held by him and the scale of pay in which he was placed. Shortly thereafter, through proceedings dated 22-10-1986, the post of the petitioner was redesignated as Lab Technician in the Department of Electronics and Communication Engineering on the ground that he was not qualified for the post of Instrument Mechanic. Through the same proceedings, he was awarded three increments in the pay scale of Rs.425-465 in appreciation of the services rendered by him for the past three years.

(3.) Thereafter, the petitioner was shown as Technician Grade II with pay scale of Rs.500-800 in the proceedings dated 27-7-1987. The petitioner submitted a representation dated 16-11-1987 briefly narrating about the change of nomenclature of the post as well as the pay scales by the Management from time to time and ultimately requested that he should be treated as Instrument Mechanic for which post he was selected. He went on making representations seeking redressal. At one point of time, the 1st respondent itself has appointed a Committee to look into the grievance of the petitioner and the similarly situated persons. Though the Committee found that there was discrepancy in the order initially appointing the petitioner and thereafter changing the designation from time to time, the 1st respondent failed to redress his grievances. The petitioner claims that he is entitled to be treated as Instrument Mechanic and claim the scales of pay which are approved by the Government from time to time. It is his further case that he is entitled to be posted as Technician Grade-I and extended the scale of pay since there was no positive response, the petitioner filed this writ petition seeking the relief that he is entitled to be regularised in the post of Instrument Mechanic from the date of the appointment and that he is entitled for the scale of pay attached to that post as approved by the Government from time to time.