DAMODAR VALLEY CORPORATION Vs. SOUVIK SARKAR

JUDGEMENT

(1.) The respondent No. 1 joined Damodar Valley Corporation, the appellant No. 1 above-named by virtue of the letter of appointment dated Aug. 22, 2002 as Graduate Engineer Trainee (Mechanical). After completion of training he was confirmed and was working as Executive Engineer (Mechanical) at all material times. He also executed a bond in favour of the Damodar Valley Corporation to indemnify the Corporation to the extent that in case he left the organisation within three years from the date of successful completion of training he would pay to the Corporation a sum of rupees two lakhs along with interest thereon. Since he had completed service for more than three years the effect of the said bond spent its force. By a memo dated March 7, 2007 the Damodar Valley Corporation decided to appoint Safety Officer in the pay scale of Rs. 8000.00 " 275 " 11,050.00 in the present infrastructure of the Corporation from amongst the engineers working in the Corporation. By the said memo it was provided that invitation would be made to the in-house engineers for working as Safety Officer. After completion of training such engineers would be posted in safety wing as Safety Officer. The respondent No. 1 applied for the said post vide letter dated May 4, 2007 appearing at page 98 of the Paper Book. His application was accepted by the Corporation. Corporation sponsored him for training for about eight months as would appear from the memorandum dated July 5, 2007 appearing at page 99 of the Paper Book. It also appears from the said memorandum that a sum of rupees seven thousand was paid by the Corporation on account of training fee. In addition, the concerned engineer was paid regular allowance and salary for the period when he had undergone such training as would appear from the office order dated July 5, 2007 appearing at page 100 of the paper book.

(2.) Souvik duly attended the training and completed the same on July 4, 2008. He was, however, not posted as Safety Officer although he made request therefor.

(3.) In Jan., 2009 National Thermal Power Corporation (hereinafter referred to as "NTPC"), another Central Governmental Undertaking under the same Ministry of Power, published an advertisement inviting application for the post of Safety Officer. Souvik became interested for the post. He sent a letter of request dated Jan. 3, 2009 to the appellant/Corporation for appropriate No Objection Certificate (hereinafter referred to as "NOC") so that he could apply for the said post. The authority did not act upon such request. In his letter of request Souvik categorically pointed out that the new appointment, if given to Souvik, would attract higher salary.