BALLARI SARKAR Vs. DAMODAR VALLEY CORPORATION

JUDGEMENT

(1.) In invocation of the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner questions the defensibility of the letter vide. no. CAO/P&A/A/S-4990(BS)/DSTPS- 1104 dtd. 21/2/2018 which was prepared as per the revised Fixation of Pay, being no. A/S-4990-335 dtd. 31/8/2017 (Annexure-P/6 to the writ petition) and the memo. being no. CAO/P&A/A/S-4990(BS)/DSTPS-566 dtd. 17/9/2018(Annexure-P/7) and prays for direction upon the respondent nos.2 to 7 to re-designate the petitioner as Deputy Director of Personnel (M-3 level) w.e.f. 23/8/1998 and as Joint Director of Personnel (M-4 level) w.e.f. 23/8/2005.

(2.) Sans unnecessary details, the necessitous facts as unfurled in the writ petition are that in response to an advertisement, the petitioner offered her candidature for the post of Management Trainee in Damodar Valley Corporation (hereinafter referred to as the Corporation) and participated in the selection process. The petitioner emerged to be a successful candidate in written test and hence, she was called upon to appear in the interview. Since the petitioner prosecuted one year Post Graduate Diploma Course in Management, the interview committee referred the petitioner's case to the General Manager. The General Manager proposed for approval of her appointment with an opinion that the petitioner did not suppress the fact. Such proposal of the General Manager was approved by the Chairman, respondent no. 2 and the petitioner was offered appointment in the post.

(3.) Consequently, the petitioner joined in the Corporation as a Management Trainee in the Gr.-A executive scale on 7/9/1989 and after completion of training, she was appointed as Personnel Officer (M-1 level) from September, 1990. After succeeding in written test, she was promoted to the post of Assistant Director (Personnel)(M-2 Level) w.e.f. 23/8/1993.